Question 13896 — teaching

Summary

Mr. Maxime Michelet draws the attention of the Minister of National Education to the conditions of application of Articles R. 131-11-1 and R. 131-11-2 of the Education Code relating to requests for authorization for education in the family when these are motivated by the state of health or disability of the child. Several associations supporting families of children with disabilities report recurring questions concerning the constitution of files and the administrative requirements requested during the examination of these requests. Indeed, the regulatory texts specify the list of documents that must be provided, in particular an application form, proof of identity and address as well as, when the request is motivated by the child's state of health or disability, a medical certificate sent in a closed envelope or the decisions of the commission for the rights and autonomy of people with disabilities. However, some families indicate that additional information would sometimes be requested from them during the investigation, such as communication of the child's medical file or presentation of the child for a consultation with a national education doctor. However, these requests may raise questions regarding respect for medical confidentiality and principle of free choice of practitioner provided for by the public health code. Furthermore, the question arises as to whether, when the child is already being followed by health professionals and a medical certificate complying with the regulatory provisions is provided, the administration can nevertheless require the child to be presented for a medical examination organized by the national education doctor. Finally, some families wonder about the possible consequences of a refusal to transmit elements not explicitly provided for by the texts, in particular with regard to their taking into account in the decision to authorize or refuse education in the family. In this context, he would like to know whether the production of the documents expressly provided for by articles R. 131-11-1 and R. 131-11-2 of the education code is sufficient to consider a request for instruction in the family as complete and admissible, if the administration or the national education doctor can legally require additional elements not mentioned by these provisions, such as communication of the child's medical file or a consultation with the school doctor, and finally if the refusal of families to provide these elements can be taken into account in the assessment of the request and lead to a refusal of authorization. He him therefore requests clarification of the applicable legal framework in order to ensure uniform application of the texts throughout the territory and to guarantee the legal security of the families concerned.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.