Education law

Created7 augustus 2025

Updated7 augustus 2025

bySabine Imdahl

Education law in the Netherlands defines when children must attend school, what types of education are available, and what rights and duties parents and schools have. If you live in the Netherlands – even temporarily – and have school-age children, these laws apply to you.

This means that children must go to school from a certain age, regardless of their nationality or residence status.

Where is education law found?

The main legal rules are set out in:

The Dutch Constitution (Grondwet), Article 23 [1] – freedom of education
The Compulsory Education Act (Leerplichtwet 1969) [2]
The Primary Education Act (Wet op het primair onderwijs) [3]
The Secondary Education Act (Wet op het voortgezet onderwijs) [4]
The Higher Education and Scientific Research Act (Wet op het hoger onderwijs en wetenschappelijk onderzoek, or WHW) [5]
The General Equal Treatment Act (Algemene wet gelijke behandeling) [6]

Together, these laws regulate access to education, school obligations, and exceptions in special cases.

Compulsory education (leerplicht)

All children living in the Netherlands between the ages of 5 and 16 are subject to compulsory education. This applies to:

Children with a different nationality
Children of expats, asylum seekers, and undocumented migrants

Although many children already attend school from the age of 4, compulsory education begins on the first day of the month after the child turns 5. From that moment, school attendance is no longer optional. Attendance from age 4 is not compulsory, but it is strongly encouraged.

Parents or guardians are responsible for registering their child at a school and ensuring daily attendance. The municipality monitors this through a school attendance officer (leerplichtambtenaar). If a child does not attend school without a valid reason, the parents may be fined or prosecuted.

Qualification duty (kwalificatieplicht)

Children aged 16 to 18 who have not yet earned a recognised diploma (called a startkwalificatie) must stay in full-time education. A startkwalificatie is:

A diploma from havo (senior general secondary education),
vwo (pre-university education), or
At least mbo level 2 (intermediate vocational education).

This rule does not apply to teenagers who have completed:

Practical education (praktijkonderwijs) – a type of schooling focused on learning through hands-on skills, usually for students who need extra learning support, or
Special secondary education (voortgezet speciaal onderwijs) in a programme that prepares students for work (arbeidsmarktgericht) or day activities (dagbesteding), such as supported daytime care.

The goal of this rule is to reduce school drop-out and improve young people’s chances of finding a job later on [7].

Exemption from school attendance (vrijstelling van leerplicht)

In certain cases, children may be exempted from the duty to attend school [8]. There are several types of exemption:

Partial exemption for young children

Some 5-year-olds are not yet ready to attend school full time. In that case, parents can ask the school director to allow:

A reduction of up to 5 hours per week, and
An additional 5 hours if the child needs more rest

These arrangements are made directly with the school.

Exemption for a school year

In exceptional cases, a child can be exempt from attending school for part of or an entire school year. This must be requested from the municipality, and renewed every year before 1 July.

Possible reasons include:

Serious illness or mental health problems (a statement from an independent doctor or psychologist is required)
Religious or ideological objections to local schools (richtingsbedenking)
The child attends school abroad while registered in the Netherlands
The family has a travelling profession (e.g. circus performers)

Requests are assessed individually.

Short-term absences for valid reasons (geoorloofd schoolverzuim)

Some absences do not require full exemption but still need permission from the school. This includes:

Illness (must be reported to the school within 2 days)
Family events like weddings or funerals (must be approved in advance)
Religious holidays (such as Eid al-Fitr or Yom Kippur – inform the school in advance)

Holiday outside regular school breaks

Holiday leave outside school holidays is only possible if:

It does not take place in the first two weeks after the summer break, and
The parent’s work makes it impossible to take leave during school holidays

Such requests must be made in advance and are rarely approved.

Who may request an exemption?

Exemption requests must be submitted and signed by the parent(s) or legal guardian(s) who have parental authority (ouderlijk gezag). If both parents share custody, they must agree on the decision.

If the parents disagree – for example, if one wants to request an exemption and the other does not – they cannot submit the request together. In that case, one of them can ask the court to decide. Because this is a conflict between parents, it falls under Dutch family law.

Education law, on the other hand, deals with conflicts between the parents and the school or municipality – for example, if an exemption request is denied, or if there is a disagreement about school attendance (leerplicht).

Types of schools in the Netherlands

You can choose from various school types:

Public schools (openbare scholen)
Private schools (bijzondere scholen)
International schools (some subsidised, some private)
Special education schools

Most Dutch schools are government-funded and free. Private international schools usually charge tuition. Schools may also ask for voluntary contributions for school trips or extra activities.

Language support for newcomers

Most schools use Dutch as the main language. However, many larger cities offer bilingual education or international programmes.

For children who are new to the Netherlands, municipalities often provide:

Language classes (taalklassen)
Newcomer education (nieuwkomersonderwijs)

This helps children who do not speak Dutch catch up and integrate into the school system.

Equality and parental involvement

Under the Algemene wet gelijke behandeling, schools must treat all children equally. Discrimination based on race, gender, religion, nationality, or disability is not allowed.

Parents have the right to participate in school matters through:

A participation council (medezeggenschapsraad)
A parent council (ouderraad)

Many schools support non-Dutch-speaking parents by offering translations or interpreters.

School inspections

All schools are supervised by the Inspectorate of Education (Inspectie van het Onderwijs). Their job is to check whether schools meet national quality and safety standards.

Inspection reports are published online and can help you compare schools in your area.

Conclusion

Education law in the Netherlands applies to all children living in the country, regardless of nationality. From the age of 5, school attendance is required by law. Teenagers must continue in full-time education until they either turn 18 or earn a diploma.

In exceptional cases, exemptions may be possible – but these must be properly requested, signed by all parents with custody, and approved by the school or municipality.

Understanding how the Dutch school system works can help you make confident, informed decisions as an international parent. For more complex situations, it may be wise to consult a legal professional who knows both Dutch education law and your language.

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Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.

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