Parents sue Dutch state over 70,000 children denied education
Oudervereniging Balans has launched a landmark legal challenge against the Dutch state, accusing the government of failing to guarantee the right to education for an estimated 70,000 children who are currently unable to attend school due to severe learning or behavioural challenges. The association filed the lawsuit on Thursday, arguing that the state’s refusal to provide tailored education violates international children’s rights and leaves vulnerable pupils in educational limbo.
According to Balans, the government has systematically failed to meet its obligations under the UN Convention on the Rights of the Child, which the Netherlands ratified in 1995. The organisation contends that schools are unable to accommodate these children, leaving families with no alternative but to keep their children at home. “The system is designed only for the average child,” a spokesperson for Balans told *NRC* . “Children with disabilities or behavioural disorders are being left behind because no school can or will take them.”
The legal action follows years of advocacy by parents and educators, who have repeatedly warned that the Netherlands’ inclusive education policy has become a hollow promise for many. Under Dutch law, children are entitled to “passend onderwijs” (suitable education), but Balans argues that the system lacks the necessary resources, expertise, and political will to deliver it. The association is seeking a court ruling that would compel the state to provide immediate solutions, including specialised schools, home tuition, or alternative learning environments tailored to each child’s needs.
The scale of the crisis is stark: 70,000 children represent roughly 1.5% of the Dutch school-age population, yet their exclusion from mainstream education has received comparatively little public attention. Critics point to chronic underfunding of special education and a shortage of trained staff as key drivers of the problem. “This is not about ideology—it’s about basic rights,” said an education policy expert at the University of Amsterdam, who requested anonymity. “The state has a legal and moral duty to ensure every child can learn, regardless of their challenges.”
The government has not yet responded publicly to the lawsuit, but the case is expected to intensify pressure on the Ministry of Education, which has previously acknowledged gaps in the system. In 2024, a parliamentary report found that nearly 20,000 children were receiving no formal education at all, with many slipping through the cracks due to bureaucratic hurdles. Balans hopes the court will force the state to act, though legal experts caution that even a favourable ruling may take years to translate into tangible change.
For the families involved, the lawsuit is a last resort. “We’ve tried everything—appealing to schools, begging for help, but no one can give us an answer,” said one parent, whose child has been out of school for three years. “If the court can make the government listen, it might finally give our children the future they deserve.”
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