Question 15832 — people with disabilities

Summary

Mr. Laurent Mazaury alerts the Minister of National Education to the multiple failures in the support policy for students with disabilities, particularly those relating to the opacity of data transmitted to mayors on the execution of MDPH notifications, to the relevance of ministerial AESH coverage statistics and to persistent shortcomings in the application of Law No. 2024-475 of May 27, 2024 concerning the midday break. Firstly, Article L. 112-1 of the Education Code provides that “the State puts in place the financial and human resources necessary for the education in ordinary settings of children, adolescents or adults with disabilities”, the implementation of which falls to the mayors, responsible for school premises, catering and extracurricular time. However, in reality, mayors do not have any periodic document and formalized allowing them to verify that the notifications issued by the departmental centers for disabled people (MDPH) are fully executed within the territory of their municipality. This opacity is all the more worrying since the joint IGESR-IGAS report published in 2026 itself recognizes a “persistent gap between the growing need for support resulting from notifications of human aid by MDPHs and the capacity to response of national education” and that the European Committee of Social Rights has, in its decision of October 19, 2022, condemned France for breaching the European Social Charter, noting in particular that “short contracts and unattractive remuneration of AESH often lead to disruptions in schooling or incomplete schooling for students with disabilities”. Secondly, the responses given to recent written questions, in particular those of Mr. Éric Michoux (no. 9096, OJ of July 29, 2025), Mr. Julien Gokel (no. 3369, OJ of January 21, 2025) and Ms. Gabrielle Cathala (no. 10124, OJ of October 7, 2025) were all based on the same argument: salary increases, the creation of 11,000 additional positions since 2022 and the increase in the number of students supported. These data, if accurate, however mask a reality very different. The Department of Evaluation, Foresight and Performance (DEPP) itself noted that “the AESHs declare that they intervene in practice with a number of students 1.6 times higher on average than those subject to notification”. Even more serious: the 2026 IGESR-IGAS report confirms that “10% of notified children remain without human support”, a figure to which are added all the students benefiting from support less than the prescribed hours. In 2025, 42,000 students with disabilities were without AESH, at least partially, an increase of 33% in one year. However, the statistical method currently used by the ministry counts as “met need” any student who has received any hour of support, even if the CDAPH notification prescribes twenty hours per week and the student does not receive any. only gets two. This approach amounts to aggregating, in the same numerator, situations of full support and situations of virtual school dropout, thus producing statistics that do not reflect the entire reality. This practice also comes into direct contradiction with the State's obligations arising from Article L. 112-2 of the Education Code, according to which the State "mobilizes the necessary resources" for the effective schooling, as well as with France's international commitments under the United Nations Convention on the Rights of Persons with Disabilities (CRPD, ratified in 2010), article 24 of which requires quality inclusive education. The European Committee of Social Rights had also noted this in 2022: “students with disabilities find themselves excluded from certain courses and activities” due to lack of resources adapted and families are forced to submit their file each year for notification which, in practice, is not carried out. Finally, lastly, Law No. 2024-475 of May 27, 2024, adopted unanimously by both chambers, entrusted the State with financial and organizational responsibility for supporting students with disabilities during the lunch break. A first implementing decree (n° 2025-137 of 14 February 2025) clarified the conditions for exercising AESH over this time. However, the memo of July 25, 2024 which established the operational modalities was repealed by a memo of June 4, 2025, without the AESH management framework having been updated in return. In fact, many municipalities report that the agreement planned between the State and the communities has not been concluded, that the rectorates do not do not have sufficient human resources to respond to requests and that mayors find themselves unable to act, as the State does not take its responsibilities. The CDAPH, whose decisions to grant human assistance remain legally limited to school time in application of article L. 351-3 of the education code, has no jurisdiction to prescribe support during the lunch break. If the law of May 27, 2024 now places the responsibility on the State to provide this support, it does not specify either the competent authority to assess this specific need, nor the terms of its evaluation, leaving a margin of administrative appreciation likely to weaken the effectiveness of the right to disability compensation. In short, the CDAPH could previously award an AESH to a student in need within the framework of the meridian break; however, in the absence of such a note, it can now only make recommendations that are otherwise non-enforceable. This lack of framework is harmful for students. In this context, the MP questions the Minister on the measures he intends to take so that a territorialized, detailed and regular inventory of the implementation of MDPH notifications is drawn up, distinguishing between the notifications fully executed, partially executed, not executed and for this this inventory is transmitted to the mayors of the municipalities concerned. Also, he would like to know the assessment that the Government draws up of the application of Law No. 2024-475 since its entry into force and what concrete measures it plans to take to remedy the dysfunctions observed since the start of the 2025 school year.

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