Director appropriated 'SvPO' as a protected brand name
In a public statement, the eight school leaders of the Schools for Personal Education on Monday called on director Misha van Denderen to hand over the helm. A month after the education minister urged him to leave quickly, the driver is still pulling the strings. Salient detail: Van Denderen appears to own the rights to use the brand name SvPO.
Image: Editors Education Magazine
Through his private Frederikssoon foundation, which is registered at his home address, Van Denderen has had a number of protected names registered, including SvPO and those of the three oldest schools: Isaac Beeckman in Kapelle, Tjalling Koopmans in Hurdegaryp and Ida Gerhardt Academy in Geldermalsen. This is apparent from the register of the Benelux Office for Intellectual Property. The rights were secured between 2013 and 2018.
Van Denderen may have alluded to this in a message about the state of affairs to parents last Saturday. 'Because I am not only a director, but also the inventor and owner of SvPO, the necessary arrangements must be made for the transfer,' the email stated. Van Denderen himself did not respond to a request for explanation. The Ministry of Education says through a spokesperson: 'Van Denderen wants to make agreements with his successor(s) on various points, this is one of them.' This also concerns, among other things, the ownership of the school buildings and the use of the electronic learning environment Workbook, according to the spokesperson.
Because I am not only a director, but also the inventor and owner of SvPO, the necessary arrangements must be made for the transfer
His email to parents also shows that Van Denderen is still active behind the scenes as sole director and that no transfer has yet taken place. Legally, he still has a few weeks to appoint a successor. Although an independent interim board has been waiting in the wings for some time, suggested by the Ministry of Education, Van Denderen hints in the mail that he feels more for another board that would have come forward with a 'well-thought-out plan' - without saying who it is. 'I have taken note of this with great interest.'
Health care
This is to the great frustration of the eight school leaders, who canceled all confidence in the driver last month and indicated that they had not heard anything from the driver for weeks. They now say they are forced to respond via a public statement, supported by the participation councils. There are fears for the survival of the schools if Van Denderen does not quickly make way for an independent board that puts things in order, they say.
'School leaders, MRs, teachers, parents and students share the concern about the continuity of the schools. We - as school leaders and the MRs - have indicated that the first condition for continuity is independent management. The only thing that is hindering continuity now is your staying on as a director and delaying the transfer to an independent board," they write in a public appeal on Monday. The authenticity of the letter was confirmed to the Education magazine this morning by one of the school leaders, who said that he was overwhelmed by statements of support from parents and teachers.
The only thing standing in the way of continuity now is your staying on as a director and delaying the transfer to an independent board
Last month, the school leaders and the participation councils of the eight schools collectively canceled their confidence in Van Denderen. That break followed a clue from Minister Dennis Wiersma to Van Denderen to leave in mid-April and to the findings of an inspection investigation. This showed that the SvPO board unlawfully spent more than 2018 million euros in education money between 2020 and 22, of which 16 million euros on housing for four schools. The Education Magazine reconstructed in early March how the publicly financed real estate was legally placed in the hands of the private foundation for personal education, also controlled by Van Denderen. According to the Inspectorate, that foundation is therefore unlawful enriched.
Hearing
Just like the MRs, the school leaders asked Van Denderen to immediately assume a 'caretaker role' last month, but have now concluded that 'no response' has been given to this. In their statement, they indicate that they are not reassured that Van Denderen or his wife will remain involved in one way or another. 'In our view, the only conceivable reason not to opt for an independent, experienced and solid board nominated by the minister could be familiar self-interest (...) We therefore call on you to immediately transfer the board to the independent and experienced management as proposed by the minister.'
Inquiries with the Education Inspectorate show that the SvPO school in Kapelle is subject to a quality inspection. The quality of education at the school has so far been assessed as satisfactory, but the Inspectorate sees reason for a further investigation based on a risk analysis. It is not known what risks this entails. Recovery studies are underway at the schools in Utrecht, Amsterdam and Hoorn because of the predicate 'very weak', in Utrecht for the second time in a row.
Small timeline 2022
May 16: School leaders make an ultimate public appeal to Van Denderen to make way for the administrators nominated by OCW.
May 14: Van Denderen sends parents an e-mail about the progress of the transfer, in which he indicates that he is talking to another, 'experienced' board who has reported.
May 2: Utrecht school leader informs parents that the ministry has a new board of three people ready, in which the school leaders have expressed their confidence.
April 26: The Amsterdam Alderman for Education Marjolein Moorman announces a municipal investigation into expenses related to renovation of Amsterdam SvPO building.
April 22: The participation councils also lose confidence in Van Denderen.
April 22: School leaders collectively lose confidence in Van Denderen. They also request that he immediately take on 'a caretaker role' until there is a successor.
April 19: Minister Wiersma responds: 'Don't get mad'.
April 17: Director Van Denderen responds that he wants to resign provided the minister promises not to turn off the money tap.
April 15: Education Inspectorate publishes reports immediately after court ruling; Minister Wiersma admonishes with clue driver until quick departure.
April 15: The Hague court gives green light for the publication of the inspection reports.
24th of March: Interim injunction at the court in The Hague, brought by the SvPO board to block inspection reports.
March 7: The Education Inspectorate makes known that she has filed a report against SvPO director Van Denderen because of suspicions of 'one or more criminal offenses'.
1th of March: The Education Magazine message how SvPO real estate, financed with education money and parental contributions, has in recent years been placed in the hands of a private foundation, chaired by Van Denderen.
January 28: The Education Inspectorate adopts new reports on real estate and financing at SvPO, publication is planned for early March. The investigation is a follow-up to critical reports on financial management last year.
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