When children with disabilities are denied access to school, parents take legal action

His appeal to the Nice Administrative Court has just been dismissed. “But whatever.”, Mary Lucot delighted. Next week, her son should finally hire a companion for Children with Disabilities (AESH).

The relief is great for Menton’s mother, who has been fighting for months with her husband to win the case.

Theo their son [son prénom a été modifié]Seven-year-old and educated at City Hall School, has Attention Deficit Hyperactivity Disorder (ADHD).

“First, simply, I called …”

So far, he has not had to accompany her to school, but since the school year began, “She is OK.”Mary Lucot says. “Daily life is difficult because she can’t manage herself, it disrupts her studies and classes. Several times, the school calls me to pick her up …”

On February 1, 2022, the Alpes-Maritimes Departmental House for the Disabled (MDPH) provided assistance to Theo for 12 hours a week. This is where the barrier begins for both parents because, in fact, this help was never given to their son.

“First, simply, I called the nice DSDen and asked them how to proceed with an AESH.Described by Mary Lucot. Then each serve starts to pass the ball to each other. “

Letter after letter, call after call, Marie Lucot is no less than seven different conversations. Some, like Céline Benayoun, AESH’s divisional coordinator for the valley sector, told him that an AESH would be located. “As soon as possible”.

The day before the hearing, an AESH

On April 8, it was Jean-Marc Messina, the national education inspector in the Menton district, who told him via email that “Academic services face difficulties in hiring additional AESH”.

With the help of the TouPI Association, Theor’s parents then took over the administrative court in Nice on 3 May. “I never thought I would take someone to court one dayMarie Lucot laments. I had no knowledge of law or a way to hire a lawyer, my only chance was to be a secretary so writing didn’t scare me. It’s sad to come… I’m not even trying to blame the Rector, it’s a complete administrative instrument but at the moment, there’s a human tragedy behind it. There are children who are suffering. “

His request for interim relief was rejected on May 20 because, the day before the hearing, the Nice Rector last informed the court about the appointment of an AESH from September 1, 2022.

“The school finally told me he could come to the post in early June.”Mary Lucot adds.

“It’s a vicious cycle.”

A positive result a “Long and hard school years” Also wanted by Saoussene and Frédéric Coutillat. They have been waiting for the AESH award for their son since 2019, also a student at Hôtel de Ville School.

“In 2020, he was hired by an AESH but he was only ten days away from sick leave because he had health problems and he did not want to take the risk of coming in contact with Kovid-19.Saoussene Coutillat explains. We called MDPH and they told us that when an AESH was hired, it was not possible to replace him. So by the end of the year he was without AESH. Then again in 2021. “ The couple is determined to appeal the trial this year.

“We’re forced to come here. If we just re-file a file, we know we won’t have an answer before the end of the school year. And at that point, we’re told it’s not worth it because it’s almost summer. It’s a bad thing.” Wheels! “They scold.

“No matching profile”

Last year, two parents also seized the rights defender. “He contacted the academy, and they told him there was no profile matching the recruitment. He told us the only option we had was to take legal action.”Saoussene Coutillat reports.

“Can you imagine what it takes for her child to go to school? Blow mom. We didn’t want him to do that, we wanted him to be in school with other kids his age, he’s a good boy, that’s how they build themselves … ”

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