Performance agreements: lawsuit threatens with a fine of millions for higher professional education
Colleges will file lawsuits if the cabinet judges them on the low academic success of their students. That predicts board chairman Henk Pijlman of Hanze University Groningen.
The threat comes in the final phase of the experiment with performance agreements in higher education. In 2012, the universities of applied sciences and universities made these agreements with the Ministry of Education: the institutions would ensure fewer dropouts in the first year of study, more teaching hours, better-trained teachers and so on.
The pace of study also had to increase: more students had to graduate within five years. But that did not work in higher professional education.
The universities of applied sciences actually saw fewer students cross the finish line on time.
Checkout
But is the cabinet going to judge them for that? For Hanze University of Applied Sciences alone, 2,7 million euros will depend on this, said Pijlman in his speech at the opening of the new academic year.
He expects that universities of applied sciences will not accept it if the cabinet punishes them with a cut on funding.
This month, a special 'review committee' will discuss their results with the educational institutions. The committee chairman has already said that it will be very complicated to assess performance. If an educational institution has not achieved an objective, there may be a good explanation for this.
Difficult situation
Minister Bussemaker, who will pass the final judgment, also stated earlier that she understands the universities of applied sciences in particular: they were in a difficult situation because they had to raise the level at the same time and help students obtain a diploma more quickly. She wanted to hear the story behind the numbers, but she didn't want to tinker with the agreements in advance.
The government has also not kept to all agreements, Arrowman returns the ball. For example, the level of students would increase, which would make the task of higher education easier. But that did not happen, he believes. "Maybe the government also needs more time, just like some students."
To punish
He points out all kinds of good things about his college that are not reflected in the performance agreements. For example, thanks to his university of applied sciences, many new businesses are being created in Groningen, which the earthquake area can use. The European Union has determined that Hanze University of Applied Sciences is one of the best institutions in the world in this regard, he says. "I make a plea for rewarding social value instead of demanding financial and economic returns and punishing if that does not happen."
He had a calculation made of what would happen to the diploma yield if he no longer supported top sporting students, placed less emphasis on entrepreneurship and gave students less opportunity for board work. Then they would graduate faster, but a lot of valuable is lost.
Controversial
The performance agreements have always been controversial. Prominent lawyers saw major problems in it. The Hogeschool Leiden brought a lawsuit against the ministry, but the agreements were upheld and the higher professional education institution did not appeal.
A possible new lawsuit, to which Arrowman refers, would be about the circumstances and efforts. When asked, professor of education law Paul Zoontjens of Tilburg University says that such a lawsuit would stand a chance. “It is difficult to make a firm return agreement, because there can always be circumstances that cause the return to be lower,” he says. "In such a case, the university of applied sciences will have to demonstrate that it has done its best and that circumstances have changed."
AOb
At the end of August, the AOb a letter to the House of Representatives about the evaluation committee that Minister Bussemaker of Education set. This committee evaluates the entire performance-based funding experiment and examines, for example, whether the agreements have contributed to better quality. According to AObdirector Douwe van der Zweep, the representation of the higher professional education staff is completely absent in that committee, while those experiences are important for a good evaluation. 'The staff knows better than anyone what consequences the agreements made have for daily practice.' Previously made the AOb the objections to the performance funding itself. According to the AOb the legal basis is lacking.
