Dutch government introduces new law requiring schools to report serious bullying

Schools must report serious incidents involving bullying to the Education Inspectorate, according to a new bill submitted by the Cabinet to the Tweede Kamer, the lower house of Dutch Parliament. It specifically concerns "safety incidents that cause serious social, psychological or physical damage," according to the bill, known as the Free and Safe Education Act.

The bill's explanatory memorandum defines one example as, "physical violence or serious bullying resulting in serious physical injury or death." Possession of firearms is also subject to the reporting obligation. Schools do not have to report incidents considered to be less serious, such as violence, sexual harassment or systematic discrimination.

The schools still have to keep track of those incidents, the bill from caretaker Education State Secretary Mariëlle Paul states. "Being bullied or feeling unsafe in some other way at school leaves deep scars," the VVD politician wrote in a statement.

"That is why we must do everything we can to prevent this, and otherwise resolve it quickly." Further, schools must appoint two confidential counselors, set up a proper complaints procedure, and conduct an annual review of their safety policy.

The Council of State was critical of the bill in advice issued by the advisory division of the country's highest administrative court. The focus on reporting and monitoring will put the emphasis on procedures, the Council feared.

"This means there is a risk that there will be less space, time and attention for open discussion." The Council of State also wondered whether the benefits of the measures outweigh the extra workload for schools.

In a response to this advice, the Cabinet amended the law on several points. The explanatory notes now place more emphasis on the importance of an "open discussion."