Graduated hbo students currently do not receive an extra year of performance grant from DUO when they want to follow a wo-master. This has been determined by the legislator. This is a major financial setback. Moreover, it is striking, because students who want to follow a master’s degree after their bachelor’s degree at a university of applied sciences do receive this grant. Instead of encouraging further academic development, the law seems to discourage ambitious hbo students. A recent case from the Central Netherlands District Court may change this.
Unequal treatment
In the Central Netherlands District Court case, the judge ruled that there was unequal treatment of equal cases. The case concerns a student who wanted to pursue a wo-master’s degree after her bachelor’s degree in Forensic Science. After discovering that she is not entitled to a performance grant, she started legal proceedings. The student believes that application of the law in her case leads to unequal treatment and violates the prohibition of discrimination. The court granted her request and ruled that the distinction between college students and other students was not justified. Moreover, the Ministry of Education, Culture and Science (OCW) was unable to properly explain why hbo students are excluded from a performance grant for a wo-master, while they do receive the performance grant for a hbo-master. The court ruled that DUO should still provide this student with a performance-related student grant for her master’s program.
Right to performance grant from DUO
The performance grant for higher education is regulated by the Student Finance Act 2000 (Wsf). Students who have completed a bachelor’s degree and then want to follow a one-year bachelor’s degree are entitled to a five-year performance grant. For hbo students who have completed a hbo degree and then follow a wo-master, they are only entitled to four years of performance-based scholarship. The combination of a hbo program and wo-master’s is not mentioned as a case in which a performance grant is converted into a gift. In practice, this means that hbo students who are following a wo-master’s degree have to borrow additional study financing (and thus money) or work extra in addition to their studies to make ends meet. This can lead to study delays and problems such as joining the labor market later.
How to proceed?
Although the law does not provide an entitlement to study financing for a wo-master after a hbo-bachelor, the court recognizes that the distinction between hbo and wo-masters may be unjust. Indeed, the current policy violates the ban on discrimination. The combination of a hbo bachelor and a wo master deserves equal treatment within the system of study financing. The European law prohibition of discrimination offers perspective for change. This ensures equal opportunities within education.
At the time of writing, it is not yet known whether the Minister of Education, Culture and Science will appeal the court’s ruling. If the court’s ruling is upheld, it may lead to a revision of the current policy or even a structural change in the Wsf. For now, the situation remains uncertain, but the ruling marks an important step toward more equal opportunities for college students. As it looks now, DUO has to take into account many review requests from students who have (possibly) received far too little study financing.
More information
Do you recognize yourself in this situation, or would you like more information? Please feel free to contact one of our education law specialists, to do so please email info@honoreadvocaten.nl or call: 030 214 51 50.
