Establishing 'opp' while parents do not consent is possible, but...

Before a developmental perspective (PPP) is established, the school must hold consensus-based consultations (oogo) with the parents about it. It is not sufficient for the school to include the parents' response to the PP in an appendix and then unilaterally adopt this plan. At the very least, another meeting must be held in response to the reaction of parents. There the school can inform parents what will be done with their reaction and what the status of the PPP is. The adoption of the PPP should be clearly marked and communicated to parents.

Disputes Committee for Appropriate Education

The above is evident from a recent decision of the Disputes Committee for Appropriate Education dated December 13, 2016 (number 107447). The case involved the following. The mother of student F. did not agree with the draft PPP drawn up by the school. The PPP had been discussed with mother, but mother did not agree with the content of the plan. School took her comments for notice and partially incorporated them in an appendix to the draft plan. The draft plan with appendix was then emailed to the mother for signature. The mother refused to sign because she did not agree with the content of the outline plan. In addition, the mother was of the opinion that insufficient consultation had taken place. The Disputes Committee declared the mother's request well-founded.

Consultation on developmental perspective

A school is expected to conduct an opp about the opp. This means a serious, open and realistic consultation. Although in this case it was brought up during a conversation with mother that mother did not agree with the outline plan, the school did not give clear feedback what was done with her objections. The solution to make the appendix part of the outline plan was not shared. The school also did not give the mother the opportunity to discuss the annex and the draft plan adjusted accordingly. The school had not informed the mother sufficiently about the status of the draft plan and its adoption. The Commission is of the opinion that the school should have had another meeting with the mother to discuss the attachment, make clear how the school would deal with the attachment and let her know when exactly the outline plan was adopted. Even if parents continue to oppose the content of the outline plan, it can be adopted. The school must then be able to show that serious consultation took place. In this case, the school was advised by the Committee to once again invite the mother for a discussion about the outline plan and the annex and then clearly state how and when the outline plan would be adopted.