Question 32143 — private education

Summary

Ms. Constance Le Grip alerts the Minister of National Education, Youth and Sports to the question of the possibility of referral to a “Justice Referent” in so-called “non-contract” establishments. The “Justice Referent” system, established by circular no. 2015-121 of July 3, 2015, provided a response to situations of systemic dysfunction in the circuit of transmission of information between justice and national education involving agents of national education previously convicted or indicted by the judicial institution. This concerns the procedures carried out for offenses committed against minors and in particular acts of willful violence, child pornography and offenses of a sexual nature referred to in article 706-47 of the code of criminal procedure. Likewise, procedures relating to acts of direct provocation to acts of terrorism or public apology for such acts are the subject of information. According to the presentation made on the website of the Ministry of National Education, "this priority given to offenses concerning minors does not intend to exclude the possibility of transmissions concerning other types of convictions concerning other types of agents, whenever the nature of the offense or the circumstances of its commission will justify information from the administrative authority for the prosecution.” However, these protocols, most often signed between the rector of the academy and the attorney general at the court of appeal of the territorial jurisdiction, do not cover “non-contract” establishments covered by article L. 441-1 of the education code. These, despite rigorous efforts to recruit their staff, therefore do not have the means of controlling the elements mentioned, beyond section B2 of the criminal record. She therefore wishes to know the Government's position on this point and to what extent these establishments could have access to the "Justice Referent", like the others, and that no doubtful person be allowed to be active in schools.

Machine translation from French. The official text remains authoritative.

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