Home schooling

Household training. A authorized victory for the liberty to show at residence

A fundamental freedom, that of educating children at home, has just been successfully defended before the Toulouse administrative court. On August 4, this court, sequestered by the firm La Norville, partner of the association Liberté éducation, suspended the refusal of authorization against an IEF family (Instruction en famille) in Gers and ordered the rector to grant him permission to teach. in home.

The Toulouse Academy had refused this family the authorization to instruct Marie-Thérèse (3 years old) herself, whose elders are already home-schooled according to an adapted educational project. This family applies an alternative Montessori-type pedagogy that does not exist in the schools located near the house. The administrative court, in its order, maintains the seriousness and quality of this educational project in relation to the one already at work among the elders of this child and the positive control carried out by the academic inspection.

This suspension of the refusal of authorization by the judge in chambers is the first. After several weeks of legal battle, the judge has just recognized the urgency of granting this authorization given the difficulty of predicting tuition in a public or private institution a few weeks before the beginning of the school year; he also accepted the serious doubt that undermines a very poorly reasoned rejection regarding the interpretation made to the new law by the Constitutional Council on August 13, 2021.

This success will be able to create a precedent, we hope in Liberté éducation. The reason of urgency, in particular, can be used by all families who catch the judge in chambers. The association continues to support other families who have also been denied authorization by the academic authorities, moreover, with very different positions depending on the academies, as recognized by the Minister of National Education Pap Ndiaye, on Tuesday August 2 before the Assembly National. : “In some departments, he said, it’s a massive no”. The Rectorate of Toulouse was particularly “diligent” accumulating only 31% of the national refusals. In total, according to the minister, 43% of new requests for family education were rejected. Also according to the figures of the Ministry of National Education, at the beginning of the next school year there will be 50,670 educated children in the family, including 4,850 young people. This is a significant decrease compared to the previous year: in 2021-2022, there were respectively 71,553 home-schooled children, including 9,155 young people. Therefore, the drop is 30% for home education in France and more than 40% for new students. This is the effect of the new law against “separatism”, which requires families to provide a file on the basis of which they can be granted authorization with an exception (for example in case of “disability”, “harassment”, “homelessness of the family in France” or “its geographical distance from any public school” or even on “the existence of a specific situation for the child that motivates the educational project”, the project of “family life”. Suffice it to say that the choice is left to the satisfaction of Academy: that of Toulouse had argued: “You do not prove that your child cannot be educated at school…” What is this reason for rejection that is not in the law?! ” was outraged Jean-Baptiste Maillard, secretary general of the association Freedom Education for Europe 1, on August 14.

This new attack on a fundamental freedom in France is all the more important as the freedom of choice exercised by families has been steadily increasing for more than 15 years. Homeschooling clearly fills a growing need for families in France as elsewhere. But in our country, according to the association Liria e Asimi, “More than 2,200 children have suffered an unjustified refusal to be educated as a family, often within the same siblings, and many families are currently going before the country’s administrative courts, with the help of our lawyer-partner Cabinet La Norville. , in agreement with our association, as was the case of little Marie-Thérèse and her family. » 400 families, whose touching testimonies have been published on the Facebook, Instagram and Twitter pages of Liberté éducation, have asked the association for help. The new situation created by order of the Administrative Court of Toulouse will have to be confirmed by the trial judge and by other administrative courts.

Philip Oswald

Photo: DR

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