State Council set the record straight

Jean Damien Lace for localities

A mayor may not, for policy reasons, refuse to enroll a child under the age of three in a public school, but he may, due to the special circumstances of the school or the class in question, be judged by the State Council in a decision of 1.Of June 2022.

In this case, the mayor of Plunret (Morbihan) refused to register three children under the age of three in a class in a very small section of a general nursery school for 2021-2022 – the legal age of compulsory schooling from 2019. School year. Seized by the children’s guardians, the Rennes Administrative Court suspended the implementation of these decisions and ordered the mayor to register the children on a temporary basis. The municipality of Plunret has appealed against the administrative court order.

Welcome to two year olds within the available space range

To justify its decision, the State Council recalls that under the terms of paragraph L.113-1 of the Education Code, children can be admitted to a child’s class or nursery school from the age of two. In terms of educational and pedagogical conditions, age adapts to their age in order to develop their motor, sensory and cognitive development. The reception is also organized as a priority in schools located in a disadvantaged social environment, in urban, rural or hilly areas and in foreign areas.

Paragraph D of the same code. As 113-1, it states that “Children who have reached the age of two on the first day of the school year may be admitted to the school and nursery class within the limits of available space.” In urban, rural or mountainous and foreign areas, schools and nursery classes located in a hostile social environment are ensured as a priority, and especially in priority education areas “.

For state councils, these provisions “do not establish a right for children under the age of three.” […] Kindergarten schools and classrooms will be arranged “, but implies that when this reception can be organized, it should be a priority in kindergarten schools and classes located in a convenient social environment and within the limits of available space.

Lack of a project, premises and suitable equipment

As a result, the State Council added, “A request for admission to the class or nursery school of a child under the age of three who is not subject to compulsory education has been forfeited. It is up to the mayor to decide accordingly.” […] Considering the special situation of the school or the class in question. On the other hand, the High Court noted, “The mayor could not in principle deny the admission of children under the age of three to nursery school legally. Calls for absence.

To our concern, the Council of State criticizes the administrative court of the Renaissance for limiting itself to mentioning that “controversial decisions have irrevocably delayed the children of applicants from entering their first school, and thus have been substantially serious and prejudiced. But not taking into account the argument of the municipality of Plunrate. However, the latter “established the impossibility where it found itself, especially in the absence of a specific educational project to welcome children who have not reached the age of compulsory schooling, premises and appropriate materials, to welcome children. Very young kindergarten under the age of three.” In good condition in class “.

For this reason, the State Council decides that the mayor’s decisions are not of an investigative nature that raises serious doubts about their legitimacy.

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