Curriculum · testing and examinations · copyright
Professional indemnity insurance (BAV) for an education specialist
Your work is still in use years later: a curriculum, an assessment programme, examination rules. If something in it turns out not to meet the requirements, that affects whole cohorts at once.
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Deze pagina in het Nederlands: Beroepsaansprakelijkheidsverzekering voor een onderwijskundige.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
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- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
An education specialist delivers designs, not treatments. The loss is therefore almost always pure financial loss for the institution: financial detriment without injury or damage to property. The typical scenario is not one mistake in one lesson, but a systemic error. An assessment programme in which the coverage of the attainment targets is wrong, examination rules that do not meet the statutory requirements, or a marking model that turns out not to be sufficiently reliable. The consequences are re-marking, extra examination rounds, a remedial programme after an inspection visit and the hours staff spend on it.
A second strand runs through processes involving external assessment. If you contribute to an accreditation or recognition application and it is refused because the file was not in order, the loss is concrete: a delayed start, lost enrolment and the cost of a new application. In engagements of that kind, record expressly who is responsible for what, which information you receive from the institution, and that the outcome of an assessment by a third party is not a result you can promise.
Your conduct is assessed against Article 7:401 of the Dutch Civil Code: the care of a reasonably competent and reasonably acting contractor. Not every disappointing educational result is a professional error. The proportions are skewed, though: the amount of loss in a cohort-wide correction far exceeds your contract price. If your work lies more in pupil support and advice to boards, look at the education consultancy; if you focus on corporate training, the training consultant is a better fit.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What to look out for
Four points that lead to a claim in self-employed educational design work more often than the quality of the design does.
Copyright in teaching material
If you design modules, you use images, texts, case studies and test questions. A claim for infringement of intellectual property is excluded on many policies or only covered with a separate endorsement. Ask about this in advance, keep a record of the sources and licences you use, and agree with the institution who gets the rights in the material delivered.
Limit the engagement to your own part
You design, but someone else delivers. Describe in the engagement confirmation what you deliver, which assumptions you use, which decisions rest with the institution and when you are finished. When a claim arises, the first question is what the client could reasonably expect; a vague description of the engagement always works against you there.
Pupils' and students' data
In evaluation research, learning analytics or setting up a learning platform you process personal data of minors. Work with a processing agreement, minimise what you receive and keep nothing longer than necessary. The cost of a data breach belongs on a cyber insurance; fines from the regulator are not insurable anywhere.
What falls outside the policy
Excluded are, among others: redoing your own work and refunding your fee; intent and wilful recklessness (Article 7:952 of the Dutch Civil Code); contractual penalties for late delivery; and liability you take on solely through a guarantee about the outcome of an accreditation or inspection.
What does your premium depend on?
- Annual turnover: the usual basis for a sole trader
- Type of assignments: examinations and accreditation weigh more heavily than individual training courses
- Education sector: senior secondary vocational, higher professional and publicly funded education each have their own statutory requirements
- Size of the institutions: the more students a design affects, the greater the consequence
- Copyright included: a separate section that is not included as standard
- Retroactive period: determines whether curricula delivered earlier fall under the policy
Insurers weigh these details differently. That is where your saving is.
What falls under which policy
| Situation | AVB | BAV |
|---|---|---|
| A curriculum revision through which a cohort misses subjects required for the qualification | No | Yes |
| Advice to introduce a course at an accelerated pace, so that the institution has to buy in extra teaching hours | No | Yes |
| An institution's smartboard that you damage during a design session | Provided that | No |
| Injury to a teacher who trips over your materials during a working session on site | Yes | No |
| The cost of defending yourself against a university of applied sciences holding you liable | No | Yes |
| Rewriting the assessment programme free of charge after the mistake is discovered | No | No |
The AVB is there for injury and damaged property on site, the BAV for the financial consequences of your design; putting your own work right stays at your own expense on both policies.
Frequently asked questions
This is what people ask us most.
An institution has to have tests re-marked and points at my design.
Report it to your insurer at once, even without a formal claim. The assessment is whether your design met the requirements in force at the time and whether the institution implemented it as you delivered it. Supply your engagement confirmation, your advice and the correspondence about the choices made. Hours the institution spends itself are examined critically.
I supply one large institution. What amount per claim is appropriate?
Set it by the size of the consequence and not by your turnover. A correction affecting a whole cohort costs the institution above all staff time and delayed graduation. Also look at the annual limit, because several engagements in the same period can lead to related claims. Institutions' contractual requirements often give a usable lower limit.
My client wants the rights in all my material.
You may agree that, but be aware of what you are transferring: reusing it for other clients is then no longer possible and you generally indemnify the institution against third-party claims about the material. Limit that indemnity to what you produced yourself and to the amount your policy covers. An unlimited indemnity is not insured.
Do I need public and employers' liability insurance as well as this policy?
If you only design and advise from your own workplace, the risk is small. If you go on site, run sessions or use the institution's equipment, injury or damage to property can arise and that falls outside professional indemnity insurance. Such a claim belongs on a public and employers' liability insurance.
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