Home schooling: what the new law is changing

Family education, or “home school”, Gets a makeover. The new law “Reinforcing respect for the principles of the Republic” was promulgated on August 24, 2021, and published in the Official Journal on Wednesday August 25. It highlights new arrangements which aim to better supervise and control this mode of instruction.

Home schooling: tighter access conditions and tighter controls

On the service-public.fr site, the principle of homeschooling is defined as follows: : “Family education, sometimes called homeschooling, should be enable the child to acquire specific knowledge and skills. The instruction given and the child’s progress are monitored. “

The conditions of access to these learning methods will be tightened from the start of the 2022 school year, even if theoretically, homeschooling remains possible. “The schooling of all children in a school becomes compulsory at the start of the 2022 school year (instead of the 2021 start in the initial text), and the instruction of a child in the family becomes derogatory ”, States the new law. These new measures, more stringent than in the old law, notably transform the “Declaration of family instruction” in “request for authorization”, and limit the reasons justifying its use. On the other hand, the controls, which must measure the learning of children practicing home schooling, will be strengthened.

Recall that instruction is compulsory in France for all children, French and foreign, from from 3 years and up to 16 years. Parents can choose to educate their children in a school, public or private, or to provide this instruction themselves.

Family education: what applies for the year 2021/2022

If you decide to provide family education, you still benefit from the “old rules” for this 2021 school year, the new law not applying. from September 2022. You must, before the start of the school year, and each year, make a declaration to the mayor of your municipality and to the DASEN (academic director of the national education services) to inform them. In this declaration must be found, the name, first name and date of birth of the child, the same information concerning the parents as well as the address where the instruction is given if it differs from the domicile.

Un double check will be conducted: the first will be municipal, at the mayor’s initiative. He will conduct an investigation in the first year. The other control, educational, will be initiated by DASEN, which will ensure that the child acquires the necessary knowledge and skills. If the results are insufficient, a second check may be imposed. If the second results are still insufficient, the DASEN will require the registration of the child in a school establishment within 15 days.

From September 2022: what conditions to provide home schooling?

Article 49 of the new law promulgated modifies the condition for exemption from homeschooling. Indeed, the declaration made to the mayor and to the DASEN each year before the start of the school year is transforms from the next school year into a “Authorization issued by the State”. This authorization to practice homeschooling will only be granted for four reasons:

1 ° The state of health of the child or his handicap.

2 ° The practice of intensive sports or artistic activities.

3 ° Family homelessness in France, or the geographical distance from any public school.

4 ° The existence of a situation specific to the child motivating the educational project, provided that the persons responsible for it can demonstrate the ability to provide family education while respecting the best interests of the child. In the latter case, the authorization request includes a written presentation of the educational project, the commitment to ensure this instruction mainly in French, as well as the documents justifying the ability to provide family education. 

A lack of response from the academic director within two months after a request for authorization has been made is worth acceptance decision : the authorization is therefore issued by the State. In the event of an unfavorable decision, a prior administrative appeal, that is to say a reassessment of its decision, is carried out by a committee chaired by the rector of the academy.

A decree must specify the modalities of issuance of the authorization. The authorization is granted for a period which cannot exceed the school year, except when it is based on the state of health or the handicap of the child. Children regularly educated as a family and who have passed the checks will see each other automatically grant an authorization for the school years 2022-2023 and 2023-2024.

Home school: checks are possible

A investigation to verify the reality of the reasons advanced by the persons responsible for the child, to obtain the authorization, will be carried out by the competent town hall. As part of this investigation, a medical follow-up certificate will be provided by those responsible for the child.

The academic director may also summon the child, and the persons responsible for instructing the child, to a maintenance in order to assess the situation of the child and his family and to verify their ability to provide family education.

If the state authorities find that a child is receiving education in the family without permission, they may put the responsible persons in formal notice of the child to register him, within fifteen days from the notification of the formal notice, in a public or private educational establishment and immediately inform the mayor of the school or establishment that they have chosen. When the authorization is obtained by fraud, it will be withdrawn without delay and without prejudice to criminal penalties. This withdrawal will be accompanied by a formal notice to enroll the child in a public or private school.

In order to strengthen the monitoring of the education obligation and to ensure that no child is deprived of their right to education, each child will be assigned a national identifier.

In which cases will I not / no longer be able to provide homeschooling to my children?

Parents or people sentenced by a criminal judge for a crime or an offense of a terrorist nature, or the persons registered in the national judicial file of the perpetrators of sexual or violent offenses cannot be in charge of the instruction in family.

If the child who receives family education is subject to worrying information, that is to say that information is transmitted to alert on the situation of a minor in danger (on his health, safety, morality or that his education and development are compromised), the president of the Departmental Council in informs the academic director who can suspend or revoke the authorization issued. The family must then enroll the child in a school.

Tools for families

The competent authority will make available to families a digital offer ensuring the sharing of the values ​​of the Republic and the exercise of citizenship, as well as a diversified and adapted offer for those accompanying children educated in families. And finally, adapted and innovative tools follow-up, communication, exchange and feedback with families providing compulsory education.

As an experiment, a Pedagogical day devoted to citizenship, republican principles, the transmission of instructions and information in matters of body education and children’s rights, and the fight against ordinary educational violence, for children receiving education in the family . This day will be organized in all volunteer schools.

 

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