Fortunately, Dutch children have a right to education. That is not only because various human rights treaties require it, but also because this right is simply written into the Dutch Constitution (Grondwet). The same Constitution also states that the government itself regulates education. These constitutional provisions are then worked out in more detailed rules. These include legislation on freedom of education, supervision, the range of education on offer, quality requirements, the funding of education and so on. Together, these rules form education law. This page describes the situation in the Netherlands.
Levels of education in the Netherlands
Education in the Netherlands consists of different levels. It is usually divided into three, four or five levels, depending on how it is split up. The division into four levels is shown and discussed below. In a division into three levels, people speak of low (primary education and pre-vocational secondary education (vmbo), mbo level 1 and the lower years of general secondary education (avo onderbouw)), intermediate (senior general secondary education (havo), pre-university education (vwo) and secondary vocational education (mbo)) and high (higher professional education (hbo), bachelor's, master's and doctorate). Sometimes special education is also taken into account and a division into five levels is used.
Primary education
This level of education includes primary education (basisonderwijs) and special primary education. It is the regular education that children aged four to twelve receive. For this, children go to a primary school (basisschool). The goals of primary education are set out in the Primary Education Act (Wet op het primair onderwijs). These include goals in areas such as arithmetic, mathematics, language skills, knowledge of the world, creative development, physical education, social and emotional development and philosophy of life.
More information about primary educationSecondary education
Secondary education (voortgezet onderwijs) consists of four programmes: practical training (praktijkonderwijs), pre-vocational secondary education (vmbo and lwoo), senior general secondary education (havo) and pre-university education (vwo). This is the level of education that follows primary education. Secondary education must prepare the student for further education or for the labour market.
More information about secondary educationSecondary vocational education
Secondary vocational education (middelbaar beroepsonderwijs, mbo) is a form of education made up of four different levels (assistant, basic vocational, independent professional and specialist professional). The highest level gives access to hbo. Unlike secondary education, mbo has no national central exam, and each institution can decide for itself how it examines students.
More information about secondary vocational educationHigher education
Higher education is the form of education that follows secondary education. It consists of higher professional education (hoger beroepsonderwijs), taught at universities of applied sciences (hogescholen), and academic education (wetenschappelijk onderwijs), taught at universities. Just as in the other EU countries, it follows the bachelor's and master's structure. This is the result of the ratification of the Bologna Declaration.
More information about higher education in the NetherlandsKey topics in education law
Education law is a broad collection of laws. The legislation changes constantly, partly on the basis of new insights. It is not possible to discuss every part of education law, but the most important topics and laws do deserve a word of explanation.
School governance
Good education is not possible without skilled administrators. Through accreditation, work is being done to professionalise education administrators in primary and secondary education (funderend onderwijs). The approach was developed by the VvOB (Vereniging van Onderwijsbestuurders, the association of education administrators), the PO-Raad and the VO-raad; since 1 January 2026, the Foundation for the Accreditation of Administrators in Primary and Secondary Education (Stichting Accreditatie Bestuurders Funderend Onderwijs) has carried out the accreditation (source: VO-raad). Education administrators are encouraged to help each other and are entitled to good terms of employment. These terms of employment are largely set out in a collective labour agreement (cao).
Founding educational institutions
In the Netherlands, anyone may found their own school and organise it according to their own beliefs. This is laid down in the Constitution. A new school must, however, be able to guarantee that it offers education of sufficient quality. That is why conditions are attached to founding a new school. The founder must also be able to show that parents are sufficiently interested in the new school, and account must be taken of the existing schools in the region. If all conditions are met, new schools qualify for government funding.
Housing
Students do not always study close to home, and cannot always get to and from their university of applied sciences or university easily. That is why they may need to live near their place of study. The interests of a student tenant differ from those of a typical tenant. For this reason, tenancy law includes several exceptions for students. For example, the length of the tenancy can be made dependent on how long the student is enrolled on a programme.
All about tenancy lawCompulsory education
In the Netherlands, pupils aged five to sixteen are of compulsory school age if they live in the country. Compulsory education starts on the first day of the month following the child's fifth birthday. Although we speak of compulsory education (leerplicht), in practice it is compulsory school attendance. Parents therefore cannot teach their children themselves; the children are required to go to school. In some cases, however, an exemption applies. In addition to compulsory education or school attendance, there is also a qualification requirement (kwalificatieplicht). This is set out in the Compulsory Education Act 1969 (Leerplichtwet 1969).
More information about compulsory educationThe Participation in Schools Act (WMS)
The Participation in Schools Act (Wet medezeggenschap op scholen, WMS) regulates participation in decision-making at schools in both primary and secondary education. This act contains the rules that schools must follow when it comes to participation. These include the establishment and composition of a participation council (medezeggenschapsraad, MR), the organisation of participation, the rights of the MR, the facilities provided and what must happen in participation disputes.
Funding of education-related matters
DUO, the Education Executive Agency (Dienst Uitvoering Onderwijs), has various tasks. For many students, student finance and the contribution towards school costs are perhaps the most important of these. DUO's decision is not always positive. For example, DUO can reject an application, award a lower amount or even reclaim money. However, students do not have to accept DUO's decisions and can lodge an objection. They do have to bear in mind the short objection period of six weeks.
Read more about DUO's decisions and how to objectBinding study advice in higher education (BSA)
At the end of the first year, the university or university of applied sciences must issue a study advice (bindend studieadvies, BSA). This states whether the student can continue the programme. This advice is binding. A negative advice means that the student must stop the programme. Universities and universities of applied sciences do have to take all kinds of rules into account. For example, personal circumstances are taken into consideration. If a student does not agree with the binding study advice, they can lodge an objection against it.
Read more about the binding study advice and how to objectTests, assessment and exams
In the Netherlands, we have a long tradition of testing. Tests, oral tests and exams must guarantee that students achieve the objectives set in advance. There are various ways of assessing students, such as school exams and central exams, final tests, pupil monitoring systems, oral tests and so on. The core functions of exams and final tests are quality assurance and quality improvement. Even so, testing and exams have been the subject of debate for some time.
More information about tests, assessment and examsParents' right to information about their children
Dutch schools are required to provide information about a child if a parent asks for it. The parent does not have the right to inspect the file, but may see important information. This includes, for example, information about the child's school performance. Schools generally offer parent meetings to keep parents informed about their children. When parents are divorced, the principle is that they inform each other about important matters concerning the child. A parent without parental authority is also entitled to information. If the other parent does not provide the information, that parent can go directly to the school.
More information about the right to informationAdmission, suspension and expulsion of pupils
Parents can ask for their child to be placed at the school of their choice. A school can agree to this, but it can sometimes refuse. Conditions do apply to this. The school is also authorised to suspend or expel pupils, for example in the event of serious misconduct by a pupil or a parent. Usually the school or the head teacher then sees no other way out. To make sure all this happens properly and fairly, there are clear rules and procedures.
More information about the admission, suspension and expulsion of pupilsChanges within the organisation
In the past, schools opted for whole-class teaching with a uniform approach. Later, the individual child was placed more at the centre. Views on education change over time, partly as a result of new research findings and changing social influences. This also leads to changes in the organisation of education and of the school board.
When implementing changes, a clear strategy must be set out and account must be taken of the capacity for change and the learning capacity of the members of the school team. The school culture is also something to take into account. Sometimes a change in leadership is necessary.
Holding an educational institution liable
The number of liability claims against educational institutions has been rising sharply for some time. After all, students have a right to good education. This is even stated in the Constitution. If an educational institution does not provide good education and the student falls behind in their studies as a result, the costs quickly add up. A child in education easily costs thousands of euros a year. If an educational institution fails to meet its duty of care and the student suffers damage as a result, the student can hold the institution liable. Claims for damages do not always succeed, but in the following situations the court did rule in the student's favour:
- The educational institution provided insufficient supervision during an internship and left the student to muddle through
- The educational institution had too few internship places, and as a result the student fell behind in their studies
- The educational institution expelled the student for fraud, but was never able to prove the fraud
- A student was punished far too severely for a breach of the regulations
- The educational institution failed to advise a student with mental health problems who was staying at home to deregister
Compensation for a lost year of study
Educational institutions are not the only ones that can be responsible for damage caused by study delay. Suppose, for example, that a student is hit by a wrong-way driver. The student ends up in hospital and is unable to resume their studies as a result. In addition to all the other costs, the student can also claim compensation for the study delay. The Personal Injury Guideline on Study Delay (Letselschade Richtlijn Studievertraging) gives guideline amounts based on one year of study delay. The Personal Injury Guideline on Study Delay is updated every year.
Frequently asked questions about education law
In these FAQs on education law, you will find useful information about important aspects of education law and liability in education. Practical questions, for example about insurance, are also covered. Read through these FAQs and improve your knowledge of education law.
Are the liability rules more favourable for students?
An unlawful act cannot be attributed to a young child. That limit is set at the age of 14. That does not mean, however, that nobody is liable, because the parents are then liable instead of the child. Young children are young and reckless, but parents must make sure they are brought up properly. For the young child, liability law is therefore more favourable. For the parents, it is not. This does not apply to older students. They can be held personally liable. In practice, good personal liability insurance (AVP) and legal expenses insurance are recommended.
Does a student living in a rented room need extra insurance?
Once a student moves to a student city, it is indeed necessary to review their insurance. Legal expenses insurance with cover for tenancy matters is important, for example, as are home contents insurance and personal liability insurance. Health insurance is compulsory from the age of 18. These policies can also be supplemented as you wish, for example with accident insurance or travel insurance for internships abroad.
Does an adult student sometimes remain covered by their parents' insurance?
Usually not. From their 18th birthday, for example, the student is no longer covered free of charge under their parents' health insurance. With a number of other policies, however, a student remains covered by their parents' insurance during their studies, in principle up to the age of 27. This is the case, for example, with personal liability insurance and annual travel insurance.
Are there special rules for the liability of student associations?
In principle, everyone is liable for their own behaviour. Still, there can also be group liability. In that case, a person who is part of the group is jointly liable for the damage caused by the group, even if it cannot be proven that this person caused the damage. The behaviour of the student association must, however, have been so serious that any right-thinking person would have left the group.
Is the student liable for damage to their student room?
The general rule in the Dutch Civil Code (Burgerlijk Wetboek) is that all damage to the rented property is presumed to be the tenant's responsibility. That makes sense, because it is the tenant who uses the student room. If damage occurs to the student room, for example a broken washbasin, the student is in principle also liable. Of course, the above is only a presumption. It is up to the student to prove otherwise.
Are the amounts in the Personal Injury Guideline on Study Delay binding?
No, judges can easily depart from them if it turns out that the damage is greater. Even so, a lot of weight is given to these standard amounts. Insurers also generally apply the standard amounts when handling claims for damages.