Artikel 23: Public and private education

Artikel 23
  1. Education shall be the constant concern of the Government.
  2. All persons shall be free to provide education, without prejudice to the authorities' right of supervision and, with regard to forms of education designated by law, their right to examine the competence and moral integrity of teachers, to be regulated by Act of Parliament.
  3. Education provided by public authorities shall be regulated by Act of Parliament, paying due respect to everyone's religion or belief.
  4. The authorities shall ensure that primary education is provided in a sufficient number of public- authority schools in every municipality and in each of the public bodies referred to in Article 132a. Deviations from provision may be permitted under rules to be established by Act of Parliament on condition that there is opportunity to receive the said form of education.
  5. The standards required of schools financed either in part or in full from public funds shall be regulated by Act of Parliament, with due regard, in the case of private schools, to the freedom to provide education according to religious or other belief.
  6. The requirements for primary education shall be such that the standards both of private schools fully financed from public funds and of public-authority schools are fully guaranteed. The relevant provisions shall respect in particular the freedom of private schools to choose their teaching aids and to appoint teachers as they see fit.
  7. Private primary schools that satisfy the conditions laid down by Act of Parliament shall be financed from public funds according to the same standards as public-authority schools. The conditions under which private secondary education and pre-university education shall receive contributions from public funds shall be laid down by Act of Parliament.
  8. The government shall submit annual reports on the state of education to the States General.

Explanation

Please note: Only the Dutch-language version of the Constitution has legal effect. 

The government is responsible for education. Providing education is free, but the authorities supervise it. The law regulates this supervision and the different forms of education. In doing so, the legislature must respect everyone’s religion or beliefs.

Public primary education must be available in or from every municipality. Exceptionally, it may be provided at a school that is not a public-authority school, for example where private and public education cooperate.

This article also safeguards private education. It protects its freedom of religious or philosophical character and provides for equal public funding of public and private education. The requirements that both types of school must meet have to be laid down by law.

The government must report annually to the States General on the state of education.

Extensive legislation governs the various forms of education, including the Primary Education Act, the Secondary Education Act, the Higher Education and Research Act and the Student Finance Act 2000. A separate law regulates the supervision of education.