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According to Article 3 of the Compulsory Education Act, education is mandatory for every child under 18, including asylum applicants.[1] Children who are asylum applicants have the same rights to education as Dutch children or children who are treated in the same way e.g. children with a residence permit. This includes children with special needs, for whom arrangements will be made to ensure they receive the necessary attention wherever possible.[2] All children residing in the Netherlands, including those seeking asylum, are entitled to primary and secondary education under the Compulsory Education Law, Article 3.[3] Education is mandatory from the age of 5 to 16, and from 16 to 18 students are required to achieve a minimum qualification level, such as a diploma at havo, vwo, or mbo 2 level.[4] Havo (hoger algemeen voortgezet onderwijs in Dutch) is a five-year general secondary education program that prepares students for higher professional education (hbo). Vwo (voorbereidend wetenschappelijk onderwijs in Dutch) is a six-year pre-university education program that prepares students for university (wo). Mbo (middelbaar beroepsonderwijs in Dutch) is a vocational education track that provides practical training for various professions. Mbo is divided into four levels, with level 2 being the minimum qualification requirement for students aged 16-18. Children seeking asylum can start attending school after arrival in the Netherlands, and this must happen within three months.[5]
Education for children under 12 is generally provided at elementary schools located near AZCs or sometimes directly at the AZCs.[6]
Every AZC is in touch with and has arrangements with an elementary school nearby. However, if the parents wish to send their child to another school, they are free to do so. Children aged 12 to 18 typically attend special international classes at secondary schools (ISK). These classes are designed to teach the language and prepare them for integration into the regular Dutch education system. When their level of Dutch is considered as sufficient, they enrol in the suitable education programme.[7]
Children in temporary (crisis) reception centres often face significant obstacles in accessing education due to long waiting lists and frequent relocations. These disruptions result in many children being unable to attend school for extended periods, which affects their right to education. The Dutch Education Inspectorate has observed that the quality of education for children in these centres often falls below minimum standards.[8]
Children with special needs, such as physical or mental disabilities, learning difficulties, or trauma-related challenges, are entitled to special education. Special provisions are made to ensure they can participate in the Dutch education system. However, in practice, not all children who require special education have access to it, and the effectiveness of these provisions varies across locations.[9] Although facilities exist for children with special needs, access to appropriate education is not always guaranteed. The availability and quality of special education for asylum-seeking children can differ depending on the location and specific circumstances. The Dutch government acknowledges that all children, including asylum seekers and refugees, have the right to education, but the implementation varies across municipalities. Special education is available for children with learning difficulties, behavioural challenges, or disabilities, but access is not always ensured and depends on local resources. Schools specifically designed for asylum-seeking children, such as AZS De Wissel, provide tailored education, but challenges remain in ensuring inclusive education for all.[10] Therefore, it is crucial to pay close attention to the individual needs of these children and strive for an inclusive educational environment that provides them with the necessary support.
According to the RVA, the COA provides access to educational programmes for adults at AZCs.[11] These programmes vary depending on the stage of the asylum application and often focus language training and information about Dutch society and the labour market. Refugees with residence permits may also participate in these programs.[12]
Despite the theoretical availability of vocational training for adults, practical barriers such as insufficient Dutch language skills, limited financial study aid, and the reliance on volunteer-led language courses hinders access. Eligible asylum applicants[13] can participate in a professional 24-hour language program to improve their Dutch proficiency, but these opportunities are not universally accessible. Access to these programmes is restricted on the basis of specific eligibility criteria. According to the Dutch government, asylum seekers who have a strong chance of receiving a residence permit can voluntarily participate in 24-hour Dutch as a Second Language (NT2) courses. However, not all asylum seekers meet these criteria, limiting their access to intensive language programs. As a result, those who do not qualify face greater obstacles in acquiring Dutch language skills, which in turn affects their ability to engage in vocational training and integration programs.[14]
Early childhood education and care opportunities for asylum-seeking children are the responsibility of municipalities, which must define target groups for these services.[15] While these opportunities are aimed at addressing language deficiencies, research indicates that over 40% of municipalities housing asylum seekers do not currently offer such services.[16]
Finally, while asylum seekers who turn 18 are not obligated to pursue further education,[17] they face higher costs to access higher education compared to status holders or EU citizens.[18] Although some organizations provide support to asylum seekers wishing to continue their education, these opportunities are limited, and financial assistance, such as scholarships, is not widely available.
[1] Law of 30 May 1968 houdende vaststelling Leerplichtwet 1969, available in Dutch at: http://bit.ly/2kKXQpV.
[2] Available at: http://www.lowan.nl/.
[3] wetten.nl – Regeling – Leerplichtwet 1969 – BWBR0002628 at: https://bit.ly/4hkYoeZ
[4] The Ministry of Education, Culture and Science (OCW), Informatiedocument onderwijs aan asielzoekerskinderen, available in Dutch at: https://bit.ly/3DVKSAf.
[5] Dutch Government, Gaan kinderen van asielzoekers naar school?, available in Dutcht at: https://bit.ly/4kYf4fe.
[6] Dutch Government, Waar leren kinderen van asielzoekers Nederlands?, available in Dutch at: https://bit.ly/40meZK3.
[7] For more information, see the Agreement of 28 April 2016 concerning the increased influx of asylum applicants as Annex to Minister of Internal Affairs, Letter No 19637/2182, 28 April 2016, available at: http://bit.ly/2miTkiV; and the website of the COA, available at: http://bit.ly/2lBa5Ht.
[8] The Dutch Education Inspectorate, Factsheet Kinderen in de (nood)opvang, available in Dutch via: https://bit.ly/40cIFbs.
[9] Werkgroep Kind in AZC, Onderwijs, available in Dutch at: https://bit.ly/4a3z6jr.
[10] AZC De Wissel. Schoolgids 2023-2024, available in Dutch at: https://bit.ly/42e7wxu.
[11] Article 9(3)(d) RVA.
[12] Article 12(1) RVA.
[13] ‘Eligible’ asylum applicants are those who, based on their nationality, have at least 70% chance to be granted a residence permit and are originally from a country of origin with more than 50 asylum applicants a year that are granted a permit in the Netherlands, see: http://bit.ly/3YcDtS0.
[14] Dutch Government, Moeten asielzoekers Nederlands leren?, available in Dutch at: https://bit.ly/421yPK6.
[15] Dutch Government, Voorschoolse educatie, available in Dutch at: https://bit.ly/4gNZBMs.
[16] GOAB, Handreiking: Voorschoolse educatie voor peuters in de asielopvang, available in Dutch at: https://bit.ly/404RFiG.
[17] Leerplichtwet 1969 (Compulsory Education Act 1969), available at: https://bitly.cx/8J6Q.
[18] Wet op het Hoger Onderwijs en Wetenschappeppelijk onderzoek (Higher Educatuon and Research Act), available at https://bitly.cx/T1Wpf.