Family education: in case of a request for exemption based on “the existence of a specific situation for the child that motivates the educational project”, the administration cannot be linked, for the TA of Rennes, even to the existence of a specific situation for the child. (which is assumed through the pedagogical project) nor on the compatibility of this project with the specifics of the child (confirmation of the stance on this point of the AT of Rennes).
Last October 17, we report two interesting decisions of the TA of Rennes regarding family learning (home learning). With these two decisions, this court stated that in this area:
- failure to comply with the 1-month deadline for the “2nd educational check” should be (obviously) censured
- the judge exercises a review of the obvious error of assessment in the presented educational project and above all a fairly broad review of the error of law if the state refuses the authorization for criteria different from those of the law and this in some way. this amounts, in the end, to a fairly complete control
- the administration cannot request a “special project derogating from those offered by public or private educational institutions”, nor a “specific situation” for the child.
See our article which also recalls some basics of this diet which has become strict and complex:
However, here I find on the website of the TA in question of Rennes that, on the same day, on this matter, a third decision was made.
In fact, this decision essentially confirms the above-mentioned two decisions, in particular TA Rennes, October 10, 2022, n°2204234,2204236.
But the summary made by TA on its website is not without interest:
“The law of August 24, 2021 confirming the observance of the principles of the Republic modified the home education system from the beginning of the 2022 school year: in the purely declarative system that prevailed before, this possibility of evading the principle of education in educational institutions. (public or private) is already subject to a prior authorization regime provided for in articles L. 131-2 and L. 131-5 of the Education Code.
“To obtain such an exception from the rector of the academy, parents must justify reasons based on the child’s state of health or handicap, or the exercise of intensive sports or artistic activities, or the family’s homelessness in France or the geographical distance from any public school institution. But the legislator also added a final reason for obtaining the derogation and it is related to “the existence of a specific situation for the child that motivates the educational project, provided that the persons responsible for justifying the ability of the person(s) responsible for instructing the child to ensure the education in the family respecting the best interests of the child. In this case, the request for authorization includes the written presentation of the educational project, the commitment to provide this instruction mainly in the French language as well as the documents justifying the ability to teach in the family”. This article L.131-5, 4° of the education code referred to the regulatory authority the task of specifying the conditions for the implementation of this provision.
“But the interpretation of this mechanism, and in particular the definition of the “specific situation of the child that motivates the educational project”, was guided even before the promulgation of the law by the Constitutional Council, which in its decision dated August 13, 2021, took care to specify that the aim that had to be sought from the administrative authority was only to ensure that the family education project includes the essential elements of teaching and pedagogy adapted to the child’s learning capacities and pace, criteria that are also imposed by themselves. for the regulatory competence for determining procedures for granting authorization for home education. The following Articles R.131-11-1 of the Education Code have listed the elements of the file that parents must draw up in support of their request for the exemption for home schooling of their child(ren), in particular the presentation of their project education and all evidence of their ability to provide such learning.
“Competent academic authorities, when receiving a request for exemption under this provision, should not formulate requests other than these and therefore should not carry out their checks for the existence of a specific situation for the child, being necessarily assumed by submission of the request for derogation accompanied by an educational project, nor from the consistency, a priori, of this project with the specifics of the child’s profile, this control can only be exercised within the framework of the performed level controls. a posteriori by academic inspection services.
“The administrative court of Rennes has had to recall these rules of interpretation in numerous cases of refusal of the derogation, contrary to the fact that the families have seized it and, as in the case presented here, annulled these rules for legal error, and orders the rector to grant the parents this exemption.”
See source on Rennes TA website: http://rennes.tribunal-administratif.fr/Actualites/Selection-de-decisions-du-tribunal-administratif-de-Rennes-Acces-aux-jugements/Octobre-2022- landmark- decisions
See this decision on the website of the said TA: