Question 16892 — private education

Summary

Mr. Vincent Trébuchet draws the attention of the Minister of the Interior to the methods of calculating the contribution of municipalities to the financing of classes in private primary education establishments under association contract, as they result from a circular from the prefect of Ardèche of June 24, 2026 relating to the rules for financing schools. Article L. 442-5-1 of the Education Code provides that, in the absence of school public, the contribution per student charged to each municipality “is equal to the average cost of public elementary classes in the department”. This absence of public school is assessed with regard to the municipality of residence, as confirmed by the ministerial response published in the Official Journal of the Senate of March 21, 2013 (question no. 01050), according to which "the absence of public school in the host municipality does not modify this principle, the implementation of which is triggered by the sole absence of means of education in the municipality of residence”. This reading constitutes the constant doctrine of the Ministry of National Education, most recently reaffirmed by its response published in the Official Journal of the Senate of February 6, 2025 (question no. 01323, page 468). The law thus establishes a rule of equivalence, and not a ceiling. However, the aforementioned circular states that, in the absence of a school public in the municipality of residence, it would be appropriate to retain “the lowest of the average costs between that of the host municipality and that of the department”. This reading replaces the equivalence desired by the legislator with a double capping mechanism devoid of legal basis. It is, moreover, contradicted by the circular itself, which correctly applies the rule of equivalence when the private school is located in the municipality of residence without a public school, as well as by the prefectural circular of December 8, 2025, which stated the same rule without capping. Its effects are not neutral: each time the average cost of the host municipality is lower than the average departmental cost, the contribution due is reduced, depriving establishments of funding which is guaranteed by law and undermining the principle of parity between public education and private education under contract. The prefects acting under the authority of the Minister, he asks him to kindly indicate to him whether this interpretation comes from an instruction addressed to the representatives of the State in the departments, whether it prefigures an evolution of the doctrine applicable to the calculation of these contributions, or whether it constitutes an isolated error of interpretation which he intends to have rectified. He him finally asks what measures it intends to take to guarantee uniform and legally compliant application of article L. 442-5-1 of the education code throughout the territory.

Machine translation from French. The official text remains authoritative.

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