Question 5162 — people with disabilities

Summary

Mr. Laurent Lhardit draws the attention of the Minister of State, Minister of National Education, Higher Education and Research, to the implementation of Law No. 2024-475 of May 27, 2024, known as the Vial Law, aimed at the State taking charge of human support for students with disabilities during the lunch break. In a decision dated November 20, 2020, the Council of State decided to release national education from any responsibility in financing jobs supporting students with disabilities (AESH) outside school hours. However, with this decision, some students found themselves without human assistance during lunch break, forcing their parents to take over and, in some cases, leading to dropping out of school. A glaring injustice which highlighted the urgency of action. For there remedy, the Vial law, promulgated on May 27, 2024, was to transfer to the State responsibility for financing AESH during this time. A hopeful text, hailed for its ambition to guarantee equal access to education for all students, which was to come into force from the start of the 2024-2025 school year. However, several months after its adoption, this law remains a dead letter. Local authorities, including Marseille, continue to bear these costs alone, despite the State's commitments. Indeed, in September 2024, the city had to recruit more than 400 agents to support 650 children with disabilities so that these students and their families do not have to suffer from a breakdown in support. Faced with the demands, a decree was published on February 14, 2025 to simplify the implementation of the law. But here again, no compensation has been provided for the expenses incurred by communities since the start of the 2024 school year. Worse, state funding is still pending. How can we justify such a delay, when the needs are glaring and inclusion in school is at stake? The Vial law was to be a turning point. It promised quality support for students with disabilities, but it remains unimplemented. Faced with this inaction, he asks when the implementation of the law of May 27, 2024, making the remuneration of AESH during the midday break the responsibility of the State, will become a reality.

Machine translation from French. The official text remains authoritative.

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