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2003-10-08 - Council of State, n. 131

Public space · Belgium · School

Limits to parents’ right to enroll in school

Key facts of the case - According to Article 3.1 § 1 of the Flemish federate Act on equal chances in education, parents have an enrollment right, but this is not absolute, because they have to agree with the pedagogical project and the regulation of the school.

Main reasoning of the court - The judges rejected the request of partial annulation of the Federate Act of 28 June 2002 as regards the right of each pupil to enroll in any organized or subsided school of his/her choice, as this breached disproportionately the freedom of the school’s authorities to refuse/exclude pupils. According to the Council of State, the existing possibilities for the school’s authorities to exclude pupils, among others because of the non-compliance with the agreed conditions and disciplinary rules, are sufficient.