How to ensure the effectiveness of the instruction binding control?

Response of the Ministry of National Education, Youth and Sports: In their current terms, paragraph L. 131-1 of the Education Code sets out the policy of compulsory education for children between the ages of three and 16, and paragraph L. 131-2 provides that it may be offered in public or private schools, or in the family.

To ensure that this obligation is respected and that no child is deprived of his or her right to education, it is up to the mayor to act as the state agent for this purpose, listing all the children living in it. Subject to municipal and education obligations, in the application of paragraph L 131-6 of the Education Code. This same article provides that in order to facilitate the establishment and maintenance of this list, mayors may implement automated data processing.

Paragraph R. 131-3 of the same code specifies how often and under what conditions this list is updated: This update is based primarily on the status of staff transfers to organizations, which they address to the mayor each month, but municipal councilors, the national education department. It also benefits from what representatives, social service assistants, education members, authority agents, and academic managers of national education services can read and copy. Town Hall, this list and report any omissions to the mayor.

Similarly, and for the same reason, section R. 131-10-3 of the same code specifies that the agencies responsible for providing family benefits send to the mayor, at his request, data related to the child’s identity related to the right to family benefits, as well as the identity of the beneficiary.

As you have underlined, the effectiveness of education obligation control depends, above all, on the quality and completeness of the school list which benefits from the additional information on the list sent by the constitutional institution and the Home Education Statement. Indeed, the purpose of this control is not so much to identify children who respect this obligation as to identify those who are deprived of their right to education.

That is why the Ministry of National Education, Youth and Sports, in parallel with the legislative work, has taken steps to improve the process of compiling school lists. In this context, discussions were held with the Ministry of Regional Coordination and Relations with local authorities in early 2021 on how relevant this could be, to facilitate the work of mayors, to create a national repository of children’s issues. Obligation of education in the model of Single Electoral Register (REU) established in 2019.

After sharing the skills between INSEE, DSS and MENJS, it appears that this path comes up against several errors, especially the question of the initial supply of this directory which should not only identify all children aged three to sixteen years. National territory, but at any time inform the commune of their residence.

Edited analysis shows that this scenario ultimately failed to form a satisfactory solution to the costs involved, the time of its development, and its complexity, noting that the goal is to be able to assign an INE number specifically to children “off-radar”, i.e. school- Less than 1% of older children.

The way implemented will be proportional to this objective. In short, the contribution of this national reference system to the current system, which is based on the education information system of the Ministry of National Education, Youth and Sports on the one hand, and information on the other. The procedure that mayors can implement in the application of the second paragraph of paragraph L. 131-6 of the Education Code is not shown.

At this stage, the most effective way to make the school list establishment more reliable and, above all, to guarantee its completeness as much as possible is to systematize the transition to mayors by the agencies responsible for funding. Family benefits. , The file of the beneficiaries of these services; This transition, already possible, has only been confirmed at the request of the mayors, as provided in paragraphs R. 131-10-3 of the Education Code.

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