Pupil Statute

Chapter 1 GENERAL

Article 1 Meaning and purpose
This Student Charter establishes the rights and obligations of students, staff and volunteers enrolled at Merlet College.

Article 2 Definitions
For the purposes of these regulations, the following definitions shall apply:

1. Deputy Director: Person responsible for a department within the site;
2. Principal: Person responsible for the vmbo sector or havo-vwo sector of the school;
3. Management: rector and directors;
4. Students: all those enrolled as students at this school;
5. Pupil Coordinator: teacher designated to supervise the pupils of a (part of a) department;
6. Student Council: a representative body composed of students from all grade levels, elected by all students and supervised by a staff member;
7. Class day: day on which class(es) and/or other school activities take place;
8. Magister: administration package that the school uses for student and grade administration and for the student tracking system and in which digital learning is provided in the form of study routes and portfolios;
9. Participation Council: a representative body of the school based on the School Participation Act, consisting of representatives of parents, pupils and staff with defined advisory and consent powers;
10. Mentor/coach: a teacher designated to act as a supervisor of a class or group of students;
11. Ons Middelbaar Onderwijs: the association Ons Middelbaar Onderwijs, abbreviated as OMO, being the competent authority of several secondary schools, including Merletcollege;
12. Parents: parents, guardians and actual caregivers of students;
13. Parent Council: a representative body of parents of students of the school;
14. Staff: the teaching and educational support staff associated with the school;
15. Program of Examination and Completion (PTA): a description of the curricular delineation of the school examination subject for upper school students;
16. Board of Directors: Board of Directors of Our Secondary Education, being the competent authority charged with the duties and responsibilities, as defined in the Articles of Association of Our Secondary Education;
17. Rector: ultimately responsible school leader;
18. School leadership: rector, principals and assistant principals;
19. School: school or institution to which the rector is appointed by the Board of Trustees, here Merlet College;
20. School Guide: informational brochure on the affairs of school available through the website;
21. Confidential Advisor: employee who handles or refers complaints about sexual harassment, discrimination, aggression or violence;
22. WVO 2020: Secondary Education Act 2020.

Article 3 Establishment and amendment
This pupil statute is a regulation as referred to in article 2.98 WVO 2020 and article 12 paragraph 5 of the Management Statute. The Students' Charter is adopted by the Rector, after it has been discussed with the Students' Council and a positive recommendation has been obtained from the student section of the Participation Council. The adopted charter is sent to the Board of Governors for information.
If necessary or desired, this Students' Charter may be amended, without prejudice to the provisions of Article 4.

Article 4 Effective Date and Duration
This Pupil Statute shall enter into force on January 1, 2025 and be in force for a period of two years. After this period, the Pupil Statute shall be reviewed. In order to allow timely publication of this statute, no later than six months before the end of this period, the participation council will discuss whether this statute should be amended. Anyone can submit proposals to this effect. If amendments need to be made, the procedure as described in article 3 of this statute will follow.

Article 5 Publication
The pupil statute can be downloaded from the school's website.

Article 6 Pupil Council
6.1 The deputy director shall promote the establishment and functioning of the pupil council.
6.2 The pupil council promotes the interests of the pupils by, among other things, providing opportunities for participation, organizing activities and holding consultations with other bodies.
6.3 At least once a year, the pupil council has a consultation with the rector and/or principal(s) of the school on all subjects the pupil council considers relevant.
6.4 The pupil council has the power to give advice, solicited or unsolicited, to the participation council on matters concerning pupils.
6.5 If possible, a room, but in any case a lockable cupboard, will be made available to the pupil council.
6.6 Reasonable facilities in the form of equipment and necessary materials will be made available by the deputy director for pupil council activities. An annual budget will be provided for meeting expenses and other activities of the council.
6.7 Members of the student council may request exemption from attending educational activities from the Deputy Principal of the school for their work.
6.8 Members of the pupil council may not, by virtue of their membership in the council, be disadvantaged in any way in their position at school.

Article 7 Right to Meet
7.1 Pupils have the right to meet on school matters using the school's facilities.
7.2 The school management is authorized to prohibit a meeting of pupils if that meeting disrupts the normal course of school business or the educational process or does not fall under the heading of school activity.
7.3 Persons other than pupils shall be admitted to a meeting of pupils only if pupils and the Deputy Principal permit. The Deputy Principal may, in the interests of the school, make it a condition, that a member of the staff be present.
7.4 Pupils are obliged to leave a room provided in a proper manner.
7.5 Users are responsible and jointly and/or severally liable for any damage.

Article 8 Admission
8.1 The rector, with due observance of what is provided in this respect in the participation regulations, determines the criteria on the basis of which a prospective pupil may be admitted to the school. The deputy principal of the location shall ensure adequate information about the school to the prospective pupil and his/her parent(s)/guardian(s).
8.2 The principal shall establish an admissions committee. This committee is also granted decision-making authority.
8.3 The school management shall ensure that, prior to enrolment, general information is provided to the pupil and the parent(s)/guardian(s) about the school's objective, the range of education on offer and the way the school operates, the admission requirements, the costs associated with admission, the duration of the course, the possibilities for further education, as well as other matters that may be of direct relevance to the prospective pupil.
8.4 The deputy principal shall give the pupil the opportunity to ask all questions relating to the pupil's functioning within the school community.
8.5 If a prospective pupil is not admitted, the Admissions Committee shall announce the grounds on which this decision is based to the rejected prospective pupil and his/her parent(s)/guardian(s).
8.6 Objection and appeal against a decision of the Admissions Committee is possible in accordance with the 'Objection and Appeal Regulations in Pupil Cases Our Secondary Education'.

Chapter 2 EDUCATION

Article 9 Provision of Education
9.1 The pupil has the right to expect that staff will make every effort to provide education and support for education to the best of their ability.
9.2 If, in the opinion of a pupil, a teacher does not provide education properly and the pupil wishes to complain about this, that pupil may raise this with the teacher in question.
9.3 The pupil may prefer not to do this. It may also be that a conversation with the teacher does not yield a satisfactory result. In that case, the pupil can bring in his mentor/coach or student coordinator. The latter then contacts the objector as a mediator and tries to come to an acceptable solution. Should an acceptable solution still not be reached, the mentor/coach or student coordinator will transfer the matter to the deputy director.

Article 10 Following Education
10.1 A pupil is obliged to make efforts to enable a proper educational process. The pupil must try to master the subject matter by actively participating during classes, taking responsibility himself and taking proper care of his (home) work.
10.2 Every pupil is subject to a duty of attendance. If a student is late for class, he must report to the teacher. The student coordinator will take appropriate action.
10.3 A pupil who disrupts the proper progress of the lesson may be sanctioned by the teacher in an appropriate manner. For example by taking an orderly measure such as detention, doing punishment work or denying access to the class.
10.4 The pupil must be available for school on school days from 8.30 a.m. to 5 p.m. for all educational activities, including lessons, instructions, tests, (school) exams, self-activity and activities beyond the lessons.
10.5 For excursions, educational days, sports tournaments, etc., as well as for penalty work, the times mentioned in paragraph 10.4 may be deviated from.
10.6 The pupil follows all lessons. Lesson replacement and lesson supplementary activities are also compulsory. These activities are listed in the annual schedule. If a year-long contribution is requested for these activities and parents have not opted for this, the obligation to participate lapses. The students concerned will then be required to follow an alternative program.
10.7 If there are too few paying participants, it may be decided that the activity will be cancelled.
10.8 In case a student is unable to follow the education due to illness or other special circumstances, the school will be informed immediately according to the rules in force at school.
10.9 As part of the enforcement of compulsory education, in the event of the student's unauthorized absence and/or frequent tardiness, the compulsory education officer will be notified.

Article 11 Testing
At Merlet College, summative tests are given and, in addition, formative action is taken.
11.1 Summative testing and formative action:
a. Summative testing means: A test for which you receive an assessment and is recorded in Magister. These assessments count towards your report card and transition grade.
Examples of a test include: quizzes (written and oral), tests/progress tests, papers, speaking engagements, presentations and practical assignments.
b. Formative assessment is designed solely to give the student and teacher insight into the extent to which the student has understood and learned the material to that point and what is still needed to achieve the ultimate learning goal. This may occur during the lesson or during a series of lessons. Of formative acts, any assessments given are not counted for the report. However, they can be put in Magister to give students and parents insight into the progress of the student's learning.
11.2 When specifying a test as mentioned in paragraph 11.1a, it is made clear to the student, what exactly is being tested, how often this test counts towards the determination of the report grade and when it is taken.
11.3 Rules and/or guidelines pertaining to tests related to school exams are further described in the examination regulations.
11.4 Rules and guidelines regarding testing (not being school exams)
a. A test must be given at least five school days before it is taken;
b. No later than five school days before the test, the content and form of the test will be known (see 11.2);
c. The result of written tests is posted in Magister within ten school days, the result of reports, assignments or papers within fifteen school days;
d. Five school days prior to a test week, no more summative tests will be taken;
e. In the week prior to the test week, during the test week and the week after the test week, no reports/projects will be handed in, unless the subject in question does not take a test in the test week;
f. The final schedule for the test week will be published at least ten school days before the start of the test period;
g. After a vacation period of more than four class days, no summative tests will be taken on the first day of class.
h. The schedule for testing periods will first be published in a draft version. Students and staff can provide feedback on this to the test week coordinator. The test week coordinator decides on changes and publishes the final schedule at least ten school days before the start of the test period.
11.5 Number of tests
a. A maximum of one summative test may be given per class day;
b. A maximum of four summative tests may be given per class week;
Resits and catch-up tests are not covered by the above agreements. These numbers also do not apply during test weeks.

11.6 Assessment and discussion

• Assessment and discussion of tests should be as close as possible.
• A subsequent test may not be taken until the last test on similar material has been discussed.
• The grade of a summative test counts toward the transition and/or the PTA.
• A student has the right to inspect work after it has been graded. In any case, the test papers will be discussed in class after they have been corrected. The teacher determines whether the assignment(s) can be retained by the student. If the assignment(s) cannot be retained by the student, they will remain available for inspection by the student and/or the student's parent(s) throughout the school year. The student and/or his/her parent(s) may make an appointment at school with the appropriate teacher for this purpose.
• After publication of the results, only after consultation with the relevant deputy director will the standards as previously set be adjusted downward. Affected students will be notified accordingly;
• A student who has not participated in a test with a valid reason, at the discretion of the teacher, has the right to still be tested. The teacher will make arrangements with the student as to when the test can still be made up.
• A student who is absent without valid reason at the time the test is taken or at the time the test is made up may be assigned the grade one for the test in question. The subject teacher will inform the deputy director of this measure. For PTA tests, the examination regulations apply;
• In case of fraud in testing, appropriate action will be taken.

11.7 Complaint to a test

• If a pupil disagrees with the assessment of a test, he or she will enter into a discussion with the teacher concerned. If this does not yield a satisfactory result, the student can turn to his mentor/coach or student coordinator. The latter responds within five school days. In case there remains reason for the pupil to be dissatisfied, he can address the deputy director of his department. For the school exam and central exam, please refer to the Program of Examination and Completion (PTA).
• Starting the conversation at school can sometimes be difficult. That is why the school has a confidential advisor with whom the student can talk and help with the conversation at school. 

Article 12 Report
12.1 A report provides the student and his parent(s)/guardian(s) with at least an overview of his performance for all subjects over a given period. The report is addressed to the parent(s)/guardian(s), unless the student is of age.
12.2 Report grades are given from 1.0 to 10.0 with grades in between, rounded to one decimal place. On the final report, grades are rounded to a whole number. In addition to the grades, an assessment is given for effort (o/t/v/g).
12.3 A student has the right to know how the report grade for a subject was arrived at.
12.4 Students and parents are informed of test results and period results through Magister throughout the school year.
12.5 Triangular meetings (student-parent-coach) are organized during the school year to discuss, among other things, the student's progress.
12.6 If there is reason to do so, the subject teacher, mentor/coach, pupil-coordinator or deputy director may invite the parent for an interim discussion about the learning achievements, efforts and/or behavior of their child.
12.7 Pupils receive a report card twice a year: after period 2 and 4.
12.8 For tests within the framework of the school examination (classes 4 to 6), the agreements are laid down in the Program of Examination and Completion (PTA).

Article 13 Transition Standards
13.1 The standards a student must meet to be admitted to a subsequent grade (the promotion standards) should be clear at the beginning of the school year. These standards are contained in the regulations "Promotion Regulations and Promotion Standards" and are listed on the school's website.
13.2 The school has established in the promotion regulations and promotion standards how the reporting and transition meetings should be conducted.
13.3 A decision to reject a student's promotion to a subsequent school year may be appealed to the rector in accordance with the "Objection and Appeal Regulations in student affairs Our Secondary Education".

Article 14 Homework
14.1 Catching up on homework, class assignments and tests: a student is required to contact his teachers after absence to make arrangements for catching up on work missed.
14.2 When assigning homework, the teacher will take into account the total workload that can reasonably be demanded of a student.
14.3 Students have a duty to complete and/or learn the homework given.
14.4 Students are entitled to have the homework completed addressed during class.
14.5 In addition, the following specific homework rules apply:
a. No homework will be given on the first day of school after a vacation of more than four class days.
b. In the absence of the teacher, the homework given will shift to the next class unless otherwise agreed upon with the students.
c. A student who has not been able to do or learn the homework, has not completed the homework, or does not have his/her books/materials with him/her, shall notify the teacher at the beginning of the lesson, giving reasons. If the teacher does not find the reason acceptable, the teacher may take appropriate action.

Chapter 3 RULES OF CONDUCT AND COMMUNICATION

Article 15 Freedom of Expression
15.1 Freedom of expression applies in a general sense at school. Everyone has the right to be treated with respect in word, behavior or deed.
15.2 All expressions of discrimination, insult, bullying, intimidation, aggressive and similar behavior are prohibited. If this provision is violated, the school management will take appropriate measures.
15.3 Expressions that may harm the school or bring the school into disrepute will not be permitted by the school. If necessary, the school management will take appropriate measures.
15.4 A pupil who believes that there has been (sexual) harassment, aggression, discrimination, or (verbal) violence on the part of a fellow pupil or staff member of the school may report this to the mentor/coach, pupil coordinator or deputy director of the department. The school's internal confidential advisor may also be contacted directly. You can read further information about this in the school guide.

Article 16 Freedom of Appearance
16.1 The pupil may dress and beautify his appearance as he wishes, provided that it is appropriate within the limits of customary dress for a school-going person.
16.2 No head coverings shall be worn in the classrooms and media halls or open learning center. The wearing of head coverings that have a religious significance is permitted unless safety is an issue or unless it involves face-covering clothing as referred to in paragraph 5.
16.3 The school mandates special clothing and footwear when they must comply with certain usage or safety rules. Clothing requirements generally apply to practical classes, to physical education classes as well as to vocational subjects.
16.4 Clothing and/or attributes that are provocative, inflammatory or extremist are not permitted.
16.5 Clothing that completely covers the face or covers it in such a way that only the eyes are uncovered, or renders it unrecognizable, is not permitted, unless the face-covering clothing:

• necessary to protect the body for health or safety reasons,
• necessary in connection with requirements of the practice of a profession or sport, or
• is appropriate in connection with participating in a festive or cultural activity.

Article 17 (Social) media and means of communication
17.1 Rules regarding the use of means of communication and (social) media are described in the handbook on the use of means of communication and social media: students. The regulations are published on the school's website at https://www.merletcollege.nl/over-ons/praktische-zaken/regelingen.

Article 18 Pupil Administration - Privacy
18.1 Pupil records are maintained at school (under the responsibility of the Rector):
a. To serve the educational and administrative functions of the school and the competent authority;
b. For the purpose of policy decisions of the rector and the competent authority;
c. For the mandatory provision of data to, among others:

• Ministry of Education, Culture & Science (OCW);
• the education inspectorate;
• the municipality;
• the school attendance officer; and,
• the Central Bureau of Statistics

18.2 The parent and/or pupil aged 16 years and older has the right to inspect the pupil's personal data. The pupil and/or parent may submit a written request to this effect to the Rector of the school. Personal data are those data that can be traced back to a specific individual person.
18.3 The parent and/or pupil aged 16 years and older may, stating reasons, request the Rector to make certain changes to personal data. If this request is refused, the reasons shall be stated.
18.4 Within the school, the personal data are only accessible to the staff members who have or are assigned a task by the rector with respect to the pupil administration.
18.5 The processing of personal data is subject to the General Data Protection Regulation and the 'Privacy Regulations for Our Secondary Education'. These regulations are available for inspection at the administration office.

Article 19 Bulletin Boards
19.1 A bulletin board is posted in designated areas on which any student may post notices and posters of a politically neutral and non-commercial nature.
This may be done unless:

• the content conflicts with the school's foundation or purpose;
• the text is discriminatory or offensive;
• there is a violation of someone's privacy.

Chapter 4 MEASURES

Article 20 Powers
20.1 The pupil must comply with the provisions of the pupil statute and the rules of the school and follow the instructions of the staff members. If a pupil is negligent in this respect, appropriate measures may be taken, by the school management. In case of serious violations, in any case the management will be informed. 20.2 If there are weighty reasons, the management reserves the right to check or have checked the lockers, bags and other belongings, including digital files, of pupils.

Article 21 Measures
21.1 When a measure is taken, there must be a reasonable relationship between the type of measure and the severity and nature of the offense.
21.2 It must be clear to the student for which offense or action the measure is taken. 21.3 The following measures may be imposed on pupils: - a warning/reprimand; - making a penalty work; - staying after school / reporting to school earlier; - making up missed lessons, educational activities or assignments; - performing corve work; - denying access to one or more lessons; - suspension; - expulsion.

Article 22 Suspension
22.1 The management may suspend a pupil for a maximum of one week, i.e. deny him access to lessons, other educational activities and/or school, for example, if the pupil: - is guilty in word and/or gesture of misconduct, including via (social) media; - refuses to carry out learning assignments; - acts in violation of the regulations applicable to him. Provided that the suspension shall be in reasonable proportion to the seriousness and nature of the offense.
22.2 Once the decision to suspend has been made, the measure may take effect immediately, at the discretion of the rector. The decision to suspend shall be communicated to the pupil in question by the deputy principal in writing and with reasons, as well as to his parents if the pupil has not yet reached the age of 21.
22.3 If the suspension is imposed for more than one day, a written report shall be made by the management to the education inspector, stating the reasons for the suspension.
22.4 An objection to a decision to suspend may be made to the rector. The objection must be filed within one working week after the decision to suspend has been made and announced. Objections and appeals must be dealt with in accordance with the 'Regulations on Objections and Appeals in Pupil Affairs Ons Middelbaar Onderwijs'.

Article 23 Expulsion
23.1 A pupil who has repeatedly misbehaved seriously or otherwise violated the regulations applicable to him may be permanently expelled from school by the rector. For example, a pupil may be removed immediately if:

• verbal and/or physical aggression and violence and/or sexual harassment against other students, staff and/or guests of the school;
• being in possession of a firearm, striking, stabbing or other weapon prohibited by law in the school buildings and/or on school grounds and/or in the immediate vicinity of the school's buildings;
• Possessing or using or dealing in any kind of drugs;
• theft and destruction of property of others in or around school buildings and school grounds belonging to the school. Provided that the expulsion shall be in reasonable proportion to the severity and nature of the offense.

23.2 Pursuant to the school's promotion policy, a pupil may also be expelled if he remains in the same section twice in the same or in two consecutive years.
23.3 A pupil may not be expelled during a year on the grounds of unsatisfactory progress.
23.4 In the case of a proposed expulsion, the pupil and his parents are immediately informed of the intention by the rector in writing and with reasons.
23.5 A decision for permanent expulsion is taken by the rector after the pupil, and in the case of minors, the parent as well, has been given the opportunity to be heard.
23.6 The rector does not take the final decision for expulsion until after consultation with the education inspector.
23.7 During the expulsion procedure, the pupil may be suspended.
23.8 The deputy principal shall notify the compulsory education officer of the municipality in which the pupil resides in writing, stating the reasons, of the pupil's final expulsion from school.
23.9 A pupil subject to compulsory education cannot be expelled until after another school is willing to admit the pupil.
23.10 An objection to an expulsion decision may be lodged in writing within six weeks with the rector. Objections and appeals must be dealt with in accordance with the 'Objection and Appeal in Pupil Matters Regulations Ons Middelbaar Onderwijs'.

Article 24 Damage
24.1 With regard to liability for damage caused by or to pupils, the relevant provisions of the Civil Code apply.
24.2 The parent(s)/guardian(s) of a minor pupil, who has caused damage, shall be notified and held liable by the school. The adult pupil shall be held personally liable. In both cases, the damage shall be recovered from the liable person(s).
24.3 Punitive measures (e.g. suspension or expulsion) may be taken by the site management against a pupil who intentionally causes damage to the school building, school property or property of third parties.

Chapter 5 COMPLAINTS

Article 25 Complaints Arrangements Our Secondary Education
25.1 In the event of alleged incorrect or careless compliance with this charter, those involved will first try to improve the situation by initiating a conversation between the student and the teacher. If that fails, the mentor/coach, student coordinator or deputy director and then the management may be called in. If even that does not provide a solution, a complaint can be filed.
25.2 Starting a conversation at school can sometimes be difficult. That is why the school has a confidential advisor with whom you can talk and help you to talk at school.
25.3 There are two types of complaints; each has its own complaint procedure.

• Issues concerning (non-) admission, promotion and duplication, suspension, permanent expulsion of pupils and irregularities in the (school) examination are governed by the 'Objection and Appeal Regulations in Pupil Matters Our Secondary Education'.
• For other complaints, including sexual harassment, aggression and violence (including bullying), discrimination and treatment, the "Our Secondary Education Complaints Procedure" applies .

25.4 The above regulations have been adopted by the competent authority, are published on the school's website and can be obtained from the school administration upon request.

Chapter 6 FINAL PROVISIONS

Article 26
26.1 Pupils must be able to identify themselves at all times by means of the school pass.
26.2 In cases not provided for in the Pupil Charter and as far as the rights and obligations of pupils are concerned, the rector shall decide in accordance with the provisions of other applicable regulations and standards of reasonableness and fairness.

ADDRESSES

Vereniging Ons Middelbaar Onderwijs PO Box 574

5000 AN TILBURG
Tel. 013-5955500

School Counselors:
Cuijk:
Ms. W. Siebers: w.siebers@merletcollege.nl
Ms. A. Willemse Grave: a.willemse@merletcollege.nl
Ms. C. Blok: c.blok@merletcollege.nl
Mill: Ms. Y. Joosten: y.joosten@merletcollege.nl
Mr. J. Kusters: j.kusters@merletcollege.n

Complaints Committee
Complaints Committee Our Secondary Education
PO Box 90154
5000 LG Tilburg