FAQ | Legal frameworks accessible testing and examination
“Inclusive design wherever possible, individual accommodations where necessary”
Update: July 2026
Accessible testing starts with inclusive design
Tests and exams play a significant role in determining whether a student can demonstrate what they know and can do. That is why it is important for a test to measure what is actually part of the learning outcomes. An assessment must not unintentionally disadvantage students due to characteristics that are not part of the learning objective, such as reading speed, sensory processing, concentration, physical stamina, or coping with time pressure.
Accessible assessments follow two complementary approaches. The first approach is inclusive design. In this approach, instruction and assessment are designed from the outset so that a diverse group of students can participate without the need for additional accommodations. The second approach consists of individual accommodations. These remain necessary when an inclusively designed assessment does not sufficiently address a specific barrier for a student.
Legal frameworks establish an important minimum standard. They protect the right of students with a disability or chronic illness to equal treatment and effective accommodations. Inclusive education, however, is also about the scope beyond that minimum standard. It requires institutions to identify recurring barriers, critically evaluate their educational programs, and make use of available opportunities. The sooner diversity is taken into account, the less students will depend on accommodations.
Read more:
Two Paths to Accessible Testing
Inclusive opening question
Read more:
Frequently Asked Questions
What constitutes reasonable accommodations, and when does a burden become disproportionate?
An educational institution must provide an effective accommodation when it is appropriate and necessary to remove a barrier for a student with a disability or chronic illness. This is not required if the accommodation would impose a disproportionate burden. Both of these concepts are open-ended standards. The institution must therefore always examine the specific situation and justify its decision.
Legal Framework
The Equal Treatment Act on the Basis of Disability or Chronic Illness (Wgbh/cz) prohibits direct and indirect discrimination in the provision of education. Article 2 stipulates that this prohibition also requires an educational institution to make effective accommodations, unless such accommodations would impose a disproportionate burden. A reasonable accommodation is effective when it is suitable and necessary to remove a specific barrier faced by a student and to enable equal participation. Once an effective reasonable accommodation has been identified, it can be assessed whether it constitutes a disproportionate burden. When assessing whether a burden is disproportionate, factors such as costs, organizational implications, staffing requirements, available resources, the size of the institution, and the impact on the quality and level of education may be taken into account.
What if an adjustment is too burdensome?
The determination that a specific accommodation is disproportionately burdensome does not mean that the institution is no longer required to take any action. Consider whether another accommodation could achieve the same goal. For example, if a private, quiet testing room is not available, consider a smaller group, a different room, a suitable time, or other measures that limit relevant distractions. The alternative must, however, sufficiently remove the barrier in the specific situation.
Quality remains the limiting factor
An adjustment must not lower the final qualifications, essential competencies, or the required level. That is precisely why it is important to clearly define what the assessment is actually intended to measure.
Inclusive Action
Don’t start by focusing solely on what accommodations need to be arranged for a single student. Also consider whether the exam can be structured to be more accessible for a larger group. For example, if many students need clear instructions, a quieter testing environment, or less unnecessary time pressure, a structural design adjustment may be more effective and inclusive than individual requests.
Changes
The term “accommodations” refers to both tangible and intangible adjustments. For example, these may include adapted materials that can be used for work, adjustments made during training programs, modified work schedules, or tailored support. They may also include adjustments related to the accessibility of a building or its layout. In short: accommodations can include all measures that enable people with disabilities and those with chronic illnesses to actively participate in the areas specified by law.
Source: parliamentary papers II 2001/02, 28169, no. 3, p. 25
Effective adjustment
Reasonable accommodations must be effective. This means that they must be appropriate and necessary to enable people with disabilities or chronic illnesses to participate in social life on an equal footing with everyone else. An accommodation is considered appropriate if it can remove barriers of any kind and promote the independence, full participation, and integration of the person with a disability or chronic illness. This must be assessed first and foremost. In addition, it must be determined whether the requested accommodation is also necessary, in the sense that the same goal could potentially be achieved with a different (possibly less costly) accommodation.
Source: parliamentary papers II 2001/02, 28169, no. 3, p. 25
Disproportionate burden
However, failing to make an effective accommodation may be justified if such an accommodation would impose a disproportionate burden on the other party to the person with a disability or chronic illness. Whether this is the case will depend on the circumstances of the situation. […] Only after it has been determined which accommodation (and at what cost) is effective can the question be raised as to whether implementing this accommodation would constitute a disproportionate burden.
Source: parliamentary papers II 2001/02, 28169, no. 3, pp. 8, 26
Who decides which adjustment is effective?
The student identifies the need for support and may suggest a solution that the student believes will work. In the case of assessments and examinations, the formal evaluation is the responsibility of the examination board (Article 7.12b of the WHW). The examination board must give serious consideration to the student’s input, consult relevant experts, and make a careful and well-reasoned decision.
The Student as an Expert by Experience
The student often knows best where the obstacle arises, which solutions have worked in the past, or what is needed. That knowledge is essential, even if the examination committee ultimately chooses a different accommodation than the one the student proposed. A solution that seems appropriate on paper but does not eliminate the barrier in practice is not effective.
Conduct the conversation in three steps
First, discuss the specific barrier encountered during the assessment. Then, discuss what is needed to demonstrate the learning outcomes in an equivalent way. Next, explore which design adjustments or individual accommodations can achieve that outcome. This shifts the conversation from a fixed list of accommodations to a collaborative search for a workable solution. It can still be helpful for a student to have an understanding of the available options or the list of accommodations.
If a different solution is chosen
The examination committee may propose an alternative if it sufficiently addresses the obstacle and is less costly, less disruptive, or more feasible. In that case, clearly explain why the alternative is effective. Also agree on what will happen if the chosen solution proves to be insufficient in practice.
Example
In a case involving a deaf student who needed a sign language interpreter, the educational institution offered interpreters in training (interns). The student requested professional sign language interpreters, because trainees were not always available and it took a lot of time and energy to coordinate the various trainees and train them in the technical jargon of ICT education. The educational institution argued that the accommodation provided was effective and that more extensive accommodation was not necessary for the student to be able to complete the program.
The CBHO ruled that the educational institution was not required to employ a professional sign language interpreter. The student is entitled to an effective facility, but not a facility of his or her own preference. The examination board decides which facility it deems appropriate as long as that facility is effective. In this case, the CBHO found an interpreter from the program to be sufficiently appropriate (see CBHO 2016/149, 2017 volume).
A person with a disability must indicate the need for an adaptation. The person concerned should also indicate which adaptation is needed.
Source: parliamentary papers II 2013/14, 33 990, no. 3, p. 7
When assessing which adaptation can be qualified as effective in the concrete case, […] expert advice will play an important role. Of course, the input from the side of the disabled person is also important here. To be able to implement the obligation to make an effective adaptation, it must be clear to the other party that there is a need for an adaptation and it must also be clear which adaptation is desired in concrete terms. The need will have to be known or made known in some way. […] In the Government’s view, however, this is a responsibility of the disabled or chronically ill person to raise the need for an adaptation.
Source: parliamentary papers II 2001/02, 28169, no. 3, p. 26
An adaptation cannot be characterized as effective only if it meets the wishes of the requesting party. The appropriateness and necessity of an adaptation must be determined on the basis of objective criteria, with the opinion of the person with a disability or chronic illness being of great importance but not a priori decisive.
What does the law define as a chronic illness or disability?
The Wgbh/cz does not contain an exhaustive list of diagnoses. The terms are interpreted in accordance with the UN Convention on the Rights of Persons with Disabilities. They refer to long-term physical, mental, intellectual, or sensory impairments that, in interaction with barriers, may hinder full and equal participation in society. A disability is, in principle, irreversible. A chronic illness may sometimes be reversible, but is in any case long-term in nature.
It’s not so much the diagnosis that matters
When choosing an appropriate solution, what hinders the student in a specific educational or testing situation is usually more important than the medical term associated with it. Furthermore, not every student who would benefit from support has—or wants—a diagnosis. A functional description of the barrier, its impact on participation, and the need for support therefore often provides more useful information than detailed medical data. Focus primarily on what the student needs to participate on an equal footing, rather than on what the student has.
The grounds of disability or chronic illness are not defined in further detail. Disabilities and chronic illnesses may be physical, intellectual, or psychological in nature. Furthermore, a disability is, in principle, irreversible. A chronic illness is not always irreversible, but is in any case long-term in nature. Source: Parliamentary Papers II 2001/02, 28 169, No. 3, p. 24.
What if a support need does not become known until later in the study?
The duty to investigate arises as soon as the institution becomes aware that a student is facing a barrier due to a disability or chronic illness and may require an accommodation. It does not matter whether the need arises at the start of the program or later on during the student’s studies.
Assess the situation
Work with the student to identify the obstacle that has arisen, the relevant learning outcomes or professional requirements, possible solutions, and whether the accommodation is effective and feasible. A previous decision or a lack of support in the past is not a reason to refrain from investigating a new concern.
Make it easy to report issues
Students don’t always know in advance what kind of support they’ll need. Their support needs may also change. Therefore, inform students about support options and procedures at various points, such as at the start of the program, before exam periods, and before internships. Use inviting language and ask about any barriers they’ve experienced, without requiring the student to immediately mention a diagnosis or specific accommodation.
Once the need for an effective adjustment is expressed, a duty of inquiry applies to the educational institution. It is up to the provider to investigate whether an effective adaptation is possible, prior to a decision whether or not to deny someone the adaptation. […] Consultation and active action is required.
Source: Parliamentary Papers II 2013/14, 33 990, no. 3, p. 7
What if there is doubt about the ability of the student with a disability?
A student must be able to meet the essential requirements, learning outcomes, final qualifications, and the level of the program, with any necessary reasonable accommodations. If, even after careful consideration, this is not possible, the institution may not lower the level or the core content of the program. However, the conclusion that a student is not competent requires a careful distinction between an essential competency and the customary way in which that competency is taught or assessed.
Explore what is truly essential
Ask what specific knowledge, skills, or attitudes the program requires. Is the chosen format inextricably linked to the professional competency, or is there a specific (exclusive) standard associated with it? For the competency of “presenting,” for example, the essential goal might be for a student to convey a message clearly, in a structured manner, and in a way that is appropriate for the audience. In that case, presenting to a large group in a physical space is not automatically the only valid format.
Avoid normative assumptions
Learning outcomes may unintentionally assume a single way of communicating, moving, collaborating, or processing information. Discuss such assumptions with subject-area instructors, assessment experts, and, where possible, students. An alternative format is appropriate when it assesses the same competency at the same level while maintaining validity.
When an adjustment is not possible
Clearly document which essential requirements are at issue, which accommodations have been considered, why those accommodations do not sufficiently remove the barrier or would compromise quality, and what expertise was involved in the assessment. A general reference to the nature of the disability or to practical objections is insufficient.
Example
An educational institution terminated the enrollment of a student with a progressive brain disease in the Play Therapy program due to the student’s increasing physical limitations. As a result, the student could no longer meet all program requirements, including completing an internship, an essential component of the program. No effective accommodations were possible that would have allowed the student to complete the internship and earn the final qualifications. The Netherlands Institute for Human Rights ruled that this situation did not constitute prohibited discrimination, because the student was unable to meet the essential requirements of the program and no reasonable accommodations were possible (see CRM, ruling 2016-15).
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The basic principle in the Wgbh/cz is that there can only be discrimination on the grounds of disability or chronic illness when granting access to education if it is established that the student is suitable for the education in question, in the sense of competent, able and available. If a student is not competent, able or available to follow certain education and no effective adaptation is possible that would remove the limitations, an educational institution does not act in violation of the Wgbh/cz by not admitting the student to education.
Source: Human Rights Board, judgment 2023-86
Admission requirements are set for most programs. The prospective student must usually have an appropriate prior education with – where appropriate – the correct profile. In addition, sometimes so-called additional requirements apply: where specific qualities are required for a program that are not evident from the mentioned certificates, certain additional requirements may apply. […] For example, it is necessary that a prospective student must have sufficient aptitude and aptitude for the training, in view of the practice of the profession, when entering the program of speech therapy. […] As with essential job requirements in employment, these requirements cannot constitute discrimination on the basis of disability or chronic illness. The prohibition of discrimination does not mean that a person must be admitted to a training program who is unable to attend that training program.
Source: Parliamentary Papers II 2001/02, 28169, No. 3, p. 15.
How far does an educational institution’s duty of care extend?
Once a student is enrolled at an educational institution, a legal relationship arises with mutual rights and obligations. The educational institution’s duty of care follows from a set of provisions in the Higher Education and Scientific Research Act (WHW), the Education and Vocational Training Act (WEB) and, for students with disabilities, the Equal Treatment on the Basis of Disability or Chronic Illness Act(Wgbh/cz).
Proactive Responsibility
The duty of care does not simply mean responding to formal requests. Procedures must be easy to find and understand; staff must know where to refer students; and signs that a student is struggling must be taken seriously. When an institution knows or should reasonably know that a student is not attending classes or is not making academic progress, it can be expected to actively reach out and investigate the situation.
Shared Responsibility
The student plays a role in expressing a need for support, but cannot be held fully responsible for identifying, articulating, and organizing the appropriate support. The nature of a disability, feelings of shame, previous negative experiences, or a complicated procedure can make it difficult to ask for help. A supportive approach is therefore consistent with acting with care.
Work Together
An inclusive implementation requires clear collaboration between the student, instructor, student counselor, academic advisor, examination committee, assessment specialist, and support services. Agree on who will support the student, who will gather the relevant information, who will make the decision, who will organize the implementation, and how you will evaluate whether the solution is effective.
Read more:
- WHW, including Articles 1.3, 7.4, 7.13, 7.34, and 7.51
- WEB, including Articles 7.2.7, 7.4.8, 7.4.9, and 8.1.3a, among others
- Article 2 of the Wgbh/cz
The MBO Special Education Knowledge Center, in collaboration with other parties, has developed the “Guide to Special Education in Vocational Education (MBO).” The guide is intended for educational teams: what does the law say, what flexibility is available, and how can you, as an educational team, put this into practice?
In the “Appropriate Education” guide, you’ll find all the information you need as a student with special needs who is planning to enroll in a vocational education program (VET).
Under the duty of care, when an institution knows or reasonably should know that a student is not attending classes and is not making academic progress, a reasonably competent and reasonably acting educational institution may be expected to actively contact the student to discuss academic progress.
Source: Overijssel District Court February 6, 2019, ECLI:NL:RBOVE:2019:502
Is an expert statement necessary?
For institutional entrance exams in higher professional education (HBO), university education (WO), and senior secondary vocational education (MBO), the law does not require an expert statement. An institution may establish policies, within the legal framework, regarding the information needed to evaluate an application. However, specific national rules regarding the expert statement do apply to central exams in vocational education (MBO).
Don’t ask for more than is necessary
A statement is not an end in itself. The examination committee must have sufficient information to assess what kind of barrier exists, whether the requested accommodation is necessary, and whether academic quality remains assured. Therefore, first determine whether the need for support can be sufficiently substantiated with a functional description, previous experiences, information from a student counselor, or other relevant data.
Avoid administrative hurdles
Providing documentation can take time, money, and energy. A requirement to provide proof may exclude students who do have a genuine need for support but have difficulty accessing diagnostic services or medical care. Policies must therefore be applied in a proportionate, transparent, and consistent manner.
Clearly define policies
In the OER, the Student Charter, or other policy guidelines, describe when additional information is required, what information is requested, who is authorized to review it, how privacy is protected, and what alternatives are available if a statement cannot be submitted.
Centralized Exams in Vocational Education (MBO)
The 2024 Regulations on Modified Methods or Forms of Assessment for Central Exams in Vocational Education (MBO) apply to the central exams. However, an expert statement is required in certain situations. For some disabilities and for accommodations that do not affect the prescribed method, format, or content of the exam, no expert statement is required. Always consult the current exam year on Examenbladmbo for more information.
In the brochure *Appropriate Examinations in Vocational Education (VET) — Central Exams 2025–2026*, the CvTE describes the various types of accommodations and options for appropriate examinations. The brochure explains the flexibility the rules allow for making accommodations, how accommodations in the central exams can remove certain barriers, and what steps the examination committee can take when deciding whether or not a student will receive accommodations for the central exams. Please note: This brochure does not cover VET institutional exams. For those exams, the institution itself establishes the rules for accessible testing. This brochure is also updated annually, so be sure to look for the correct edition.
Should the examination board have access to medical records?
The examination committee must have sufficient information to make a well-considered decision. This does not mean that it automatically requires a complete medical record or a diagnosis. The necessary information can often be described in functional terms: what kind of impairment occurs, in what situations does it occur, and what effect should an accommodation have?
Focus on what’s necessary
Ask as little as possible about what a student has, and focus as much as possible on what the student needs to be able to demonstrate equivalent learning outcomes. For example, a statement from a student counselor or other expert can describe that a student has limited capacity due to a long-term condition, without sharing all the medical details. For institutional assessments, a statement from an expert is not legally required to request accommodations.
Cooperation and Consent
The student counselor or academic advisor can serve as an important link between the student and the examination committee. Information is shared with the student’s consent and in accordance with privacy regulations. Discuss with the student what information is needed, who will receive it, and for what purpose. If the examination committee needs additional information, it must provide a specific and clear justification. Careful coordination prevents the student from having to repeat the entire story over and over again.
The Examination Board’s Own Responsibility
A recommendation from a student counselor can carry significant weight, but the examination committee must be able to assess for itself whether an accommodation is effective, does not impose a disproportionate burden, and preserves the quality of the assessment. It may deviate from a recommendation, provided it gives a reasoned explanation.
The power to grant or not grant a facility to a student lies solely with the examination board. This means that the examination board must (be able to) make its own consideration and that the examination board can disregard the advice of the student dean with justification. In the opinion of the Division, the fact that the examination board must be enabled to make its own consideration within the framework of this authority also means that it must have access to the documents that are reasonably necessary to assess a student’s request. This means that the student dean must inform the examination board, upon request, of matters that the examination board reasonably needs in order to reach a decision. The student dean does need the student’s permission to do so. If the student dean does not have that permission from the student, the examination board may require the student to inform the examination board himself. If the examination board does not have the necessary documents, the student runs the risk that the examination board will not be able to come to a complete assessment and will reject the request or grant it in a different way than the student has in mind or the student dean advises.
Source: Council of State 20 September 2023, ECLI:NL:RVS:2023:3561
How does a medical statement relate to the social model?
The medical model emphasizes an individual’s condition or diagnosis. The social model focuses on the barriers that arise in the environment. A medical explanation can sometimes provide relevant information in an individual proceeding, but inclusive education seeks to prevent access to education from always being contingent on medical evidence.
Route 1: Inclusive Design
When assessments are designed to be accessible from the outset, more students can participate without needing individual accommodations. This includes clear and timely instructions, digitally accessible materials, an assessment format that directly aligns with the learning outcomes, and opportunities to demonstrate equivalent performance in another appropriate way. No medical documentation is required for general design choices.
Route 2: Customized Individual Plan
If a specific barrier persists, information may be needed to assess an individual accommodation. Even in such cases, the focus does not have to be on the diagnosis. Functional information about the barrier, its duration, the context, and the support required may be sufficient, depending on the policy and the specific request.
The routes complement each other
An inclusive framework should not be used to reject individual requests without investigation. Conversely, it is important that recurring individual requests not be treated merely as isolated exceptions. They can highlight areas where the standard design is still not sufficiently accessible.
Would you like more information on how to design inclusive instruction and assessment?
Can the examination committee authorize another body, such as a student counselor, to grant accommodations?
Delegation of authority is possible. A student advisor or other official may then make decisions on behalf of the examination committee within the limits of that delegation. The examination committee retains its legal authority and responsibility. It must be clear to students that the decision is being made on behalf of the examination committee.
Use the mandate to make procedures more accessible
A well-structured mandate can shorten processing times and prevent students from having to go through an unnecessarily cumbersome procedure for common accommodations. Describe which standard accommodations are covered by the mandate, when an application is submitted to the examination board, and how exceptions are handled.
Ensure quality and legal certainty
Ensure clear criteria, expertise, reporting, privacy protection, and periodic review by the examination committee. Decisions must be consistent, well-reasoned, and traceable. Students must know whom to contact with questions and what options for objection or appeal are available.
Use signals for inclusive design
Data on approved requests can reveal which accommodations are frequently needed. Analyze these patterns in an anonymized manner. If many students request the same accommodation, a structural adjustment to the assessment or its organization may be more appropriate.
Read more:
The authority to decide whether or not to grant an accommodation to a student rests solely with the examination committee and not with the student counselor.
Source: CBHO 2019/096
What if exam boards grant few or no facilities?
A low number of approved accommodations is not automatically good or bad. It may mean that tests are designed to be inclusive and require few individual adjustments. It may also indicate a lack of awareness, a difficult-to-navigate application process, a high burden of proof, reluctance to disclose a disability, or an overly strict application of the legal frameworks.
Look Beyond the Numbers
Investigate how many applications are submitted, how many are approved or denied, the reasons given for denial, which services students actually use, and the feedback provided by student advisors, faculty, and students. Also examine academic progress, dropout rates, complaints, and appeals.
Review the decision-making process
Requests must be assessed on a case-by-case basis, objectively, expertly, and carefully. An examination committee may not decide in advance that a particular accommodation is never possible. Policy must allow for the student’s specific circumstances and for alternatives that achieve the same goal.
Involve students
Ask students not only whether they received an accommodation, but also whether the process was easy to navigate and felt safe, whether they felt heard, and whether the accommodation worked in practice. An inclusive quality cycle combines legal compliance with student experiences.
Read more:
What if a student disagrees with a decision of the examination board?
A student may appeal a decision made by the examination board. In higher education, this is done through the Examination Appeals Board (Article 7.61 ofthe Higher Education Act). In vocational education (VET), an appeal may be filed with the Examination Appeals Committee (Article 7.5.4 of the Vocational Education Act (WEB)). Depending on the decision of the CBE, it may then be possible to file an appeal with the Administrative Law Division of the Council of State. A student who suspects discrimination may also request an opinion from the Netherlands Institute for Human Rights.
Make legal protection accessible
A decision must state, in clear and understandable language, what has been decided, which facts and interests were taken into account, why a modification is or is not effective, which alternatives were considered, and how the student can file an appeal. Include the deadline, contact information, and where the student can get support.
Learn from Disputes
A complaint, objection, or appeal can also serve as an indicator of issues with policy, communication, or test design. Periodically review anonymized case studies and use recurring issues to drive improvements.
Limits of the Profession
The court does not automatically re-evaluate the grade itself or the subject-specific assessment of knowledge and skills. However, it may review whether a decision was carefully prepared, sufficiently justified, and in accordance with the applicable rules and principles.
Pursuant to Article 8:4, third paragraph, under b, of the General Administrative Law Act, no appeal is possible against decisions that contain an assessment of a student’s knowledge or ability, or that concern the determination of examination questions, assessment standards or other rules for testing. In other words, the substantive assessment of a test or examination, such as the grade awarded or the number of points for an answer, cannot be challenged in substance. Nor can the content of the questions themselves, the standards or the grading system be challenged via appeal. There is only a review of whether the decision was carefully crafted and whether the relevant legal and procedural frameworks were correctly applied.
May an examination board review a previous decision on a test facility if implementation proves complex or costly?
A formal decision cannot be revoked lightly simply because its implementation subsequently proves to be more expensive, more complex, or more logistically cumbersome. In principle, the student is entitled to rely on the decision. Therefore, the examination committee must gather sufficient information regarding the substantive, financial, and organizational consequences before making the decision.
Vote in advance
The examination committee remains independent in its legal assessment, but can and must request relevant implementation information from faculty members, the institutional board, and support services. Make a clear distinction between advice on feasibility and the final decision regarding the provision.
Don’t blame the student for internal problems
Once a legally valid decision has been made, the institution is responsible for its implementation and funding. Internal uncertainty regarding budgets, personnel, or ownership should not automatically result in the withdrawal of support.
Make the solution systematic
When a specific service is provided more frequently and requires a significant amount of organizational effort each time, standardization or inclusive redesign can make its implementation simpler, more predictable, and more accessible.
What if more and more students request facilities?
A growing number of applications does not negate the legal obligation to carefully assess individual requests. At the same time, this increase provides valuable information. It can reveal that a standard assessment, schedule, or testing environment creates unnecessary barriers for a larger group of students.
Analyze patterns
Identify, on an anonymous basis, which accommodations are frequently requested, for which types of assessments and programs this occurs, what barriers students cite, and to what extent accommodations are used and effective. Involve student advisors, examination boards, faculty, and students in this process.
Strengthen the foundation for inclusion
If many students need extra time, investigate whether time pressure is actually part of the learning outcome. If many students request a quiet space, review the layout and distribution of the standard testing environment. If alternative assessment formats are frequently needed, investigate whether variation can already be incorporated into the standard assessment program.
Continue to offer customized solutions
A group-based or structural solution can help many students, but it does not automatically replace the individual’s right to an effective accommodation. Some students will continue to need additional or more intensive support.
Scarcity calls for creativity and planning
A resource may be scarce, but scarcity is not a general ground for rejection. Explore alternatives, invest in capacity where recurring demand justifies it, and establish agreements in advance regarding prioritization, implementation, and evaluation. The chosen solution must sufficiently remove the individual barrier.
Read more:
How heavily does the willingness of teachers to cooperate in a solution weigh?
The implementation of a legally binding decision by the examination board does not depend on the personal willingness of a faculty member or examiner. However, the faculty member does possess important subject-matter expertise and must be consulted when assessing whether an alternative format ensures the same learning outcomes and the same level of proficiency.
Clear division of roles
The instructor or examiner provides guidance on course content, learning outcomes, and assessment criteria. The examination committee makes independent decisions regarding individual accommodations and ensures the quality of assessments and procedures. The institution ensures that any approved accommodations are organized in a practical manner.
Take substantive objections seriously
When an instructor provides a well-reasoned explanation that a specific format does not assess an essential competency or compromises the reliability and level of the exam, the examination committee must give this significant weight. This does not automatically mean that every proposed change will be rejected. Work together to determine what other format could remove the obstacle while maintaining quality.
Work together even before submitting requests
Sustainable inclusion is achieved when instructors, assessment specialists, examination committees, student counselors, academic advisors, and students collaborate from the very beginning—during the design and evaluation of courses and assessments. That way, the discussion doesn’t have to start only after an individual student gets stuck.
Invest in training
Uncertainty or resistance can stem from a lack of knowledge, time, or good examples. Therefore, provide professionals with training, expert assessment support, clear guidelines, and the opportunity to develop and evaluate alternatives.
What if learning objectives cannot be tested in any other way?
Start with the learning outcome, not with the existing assessment format. An alternative assessment format is acceptable if it assesses the same knowledge, skills, or attitudes at the same level and with sufficient reliability and validity. If the format itself is part of the competency, the scope for alternatives may be more limited.
Quality remains the limiting factor
Any adjustment must not lower the final qualifications, essential competencies, or the required level. That is precisely why it is important to clearly define what the assessment is actually intended to measure. In doing so, distinguish between the learning outcome and the chosen method by which the student must demonstrate it. Not every component of an existing assessment format is automatically essential. For example, when assessing the clear and structured communication of a message, presenting to a large group does not necessarily have to be part of the competency. The student may be able to demonstrate the same competency in a smaller setting, through a digital presentation, or using another appropriate format. An alternative assessment format therefore does not lower the quality if it assesses the same learning outcomes at the same level, under comparable assessment conditions, and using the same assessment criteria.
Step 1
Specify what is being measured. Describe in concrete terms what performance the student must demonstrate. Distinguish between the essential competency and additional characteristics of the current assessment. For example, ask whether speed, speaking in front of a large group, or physical presence is truly part of the learning objective.
Step 2
Explore equivalent assessment methods. Determine which other methods can provide the same information about mastery. An oral exam, a written assignment, a digital presentation, a practical demonstration, a portfolio, or a criteria-based interview may serve as an equivalent alternative in some situations. Not every method is suitable for every learning outcome.
Step 3:
Ensure quality. Use the same learning outcomes and assessment criteria, set a comparable level of difficulty, organize expert assessment, and ensure that the alternative format does not provide a substantive advantage or disadvantage. Document why the chosen format is equivalent.
Step 4:
Evaluate. Afterward, discuss whether the format effectively highlighted the intended competency, sufficiently addressed the obstacle, and was feasible. Use this insight for future individual requests and when designing assessments on a structural basis.
When no alternative is possible
Explain, from a subject-matter perspective, why the format and the learning outcome are inextricably linked. A general statement that a test is always administered in this way does not constitute a substantive justification.
Would you like more information on how to design inclusive instruction and assessment?
Are students entitled to an additional opportunity to take an exam?
Students are not automatically entitled to an additional exam attempt. The number of regular exam attempts and the conditions for special or additional attempts are set forth in the Academic Regulations. However, an examination committee must carefully assess each individual request and take into account special circumstances, the student’s ability to study, and the proportionality of the consequences.
Feasibility and Proportionality
A degree program must be structured in such a way that students can reasonably be expected to graduate within the standard duration of study (Article 7.4 of the Higher Education Act [WHW], Article 7.2.7 of the Higher Education and Scientific Research Act [WEB]). If denying a student an additional opportunity would result in a very serious or disproportionate delay in the completion of their studies, the examination board must carefully weigh the specific interests involved and the feasibility of the decision and provide a convincing justification for its decision.
Neither Article 7.13, paragraph 2, of the WHW nor any other provision of the WHW requires that every exam that counts toward the final grade for a course must offer the opportunity to retake it. […] However, a program must be feasible to complete as referred to in Article 7.4, paragraph 2, of the WHW, in which context it may be relevant whether the option to retake exams exists.
Source: CBHO 2017/008
Rulings by the Council of State on an additional opportunity to take an exam due to disproportionate study delays:
Is attendance required?
The WHW does not impose a general legal attendance requirement for all educational activities. Similarly, the WEB does not impose a single, uniform attendance requirement for every MBO activity. However, institutions may establish well-reasoned rules regarding attendance and active participation. In higher professional education (HBO) and university education (WO), any requirement regarding practical exercises and the consequences of non-compliance must be clearly defined in the Study Regulations (OER) or in regulations based on them. Different rules apply to vocational education (VET), which depend on various factors, such as the student’s age.
Start with the learning objective
Ask why presence is necessary. Is collaborating in the moment, acting safely and practically, professional interaction, or participating in a specific exercise itself part of the competency? Or is presence primarily used as a means to encourage engagement? Presence is not a learning objective in and of itself.
Explore alternatives
When physical presence is not essential to the learning outcome, an alternative form of participation or evidence may sometimes be offered. Examples include online participation, a different seminar group, a substitute activity, a recording, an individual demonstration, or an independent assignment. The alternative must ensure the same learning outcome and the same level of achievement.
Be transparent and predictable
In the OER, describe what kind of attendance or active participation is required, which educational activities this applies to, why it is necessary, what the consequences of absence are, and what procedure applies in the event of special circumstances or a need for support.
Higher education institutions can use various tools to make arrangements for students who need support, including pregnant students. Higher education institutions can organize these arrangements themselves on a case-by-case basis because, unlike in vocational education (VET), higher education does not have a legal attendance requirement. https://zoek.officielebekendmakingen.nl/kst-35252-23.pdf, p. 1
General Legal Disclaimer
This FAQ provides general information and practical guidance. The text does not constitute individual legal advice. The applicable laws and regulations, the OER, the Student Charter, institutional policy, and the circumstances of the specific case remain decisive. Please verify that statutory provisions, procedures, case law, and external references are still current.
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