Question 297 — teaching

Summary

Mr. Bastien Marchive draws the attention of the Minister of National Education to the subject of procedures for exemption from school assignment for children in elementary and pre-elementary schools, the maintenance of an educational offer guaranteeing territorial equity and justice being in this essential framework. Under the provisions of articles L. 131-5 and L. 131-6 of the education code, the mayor draws up each year the list of all children subject to compulsory education residing in their municipality. However, for specific reasons, parents can request to send their child to a school in another municipality. It is then up to the host municipality to decide whether to accept or refuse the exemption request. For non-resident children, the education code provides for six cases in which the mayor, or the president of the public establishment of intercommunal cooperation (EPCI) competent in educational matters, must accept the registration of a child in the requested school without possibility of refusal. 1st case: absence from school; 2nd case: “insufficient reception capacity”; 3rd case: professional constraints of parents; 4th case: the state of health of the child; 5th case: reunification of siblings; 6th case: teaching a regional language. Apart from these reasons, for which the mayor of the host municipality must, however, inform the mayor of the municipality of residence of the reason for registration within a maximum period of two weeks (article R. 212-22 of the education code), the mayor of the host municipality must obtain the opinion of the mayor of the municipality of residence to be able to issue the registration certificate. However, in fact, the prior agreement of the mayor of the municipality of residence is rarely asked. Thus, as a factual example, two municipalities grouped in RPI (intercommunal educational group), in the 1st district of Deux-Sèvres, saw a class closed following requests for exemption, some of which did not comply with legitimate reasons, of 15 children to neighboring municipalities, without the mayor of the municipality of residence having been consulted or informed. It's real competition territorial which is being put in place and which undermines the deployment of a coherent network of education service offerings in rural areas. Also, apart from the legitimacy of particular cases, he asks what solution could be considered in order to defend an efficient territorial network, in the interest of maintaining the attractiveness of rural municipalities and their children.

Machine translation from French. The official text remains authoritative.

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