Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2009-591 DC of 22 October 2009 ;
The President of the Republic enacts the following legislation:
After Article L. 442-5 of the Education Code, an article L. 442-5-1 is inserted as follows:
"Art.L. 442-5-1. -The contribution of the commune of residence for a student who attends school in another commune in an elementary class of a private institution of the first degree under an association contract constitutes a mandatory expense when this contribution would also have been due if that student had been schooled in one of the public schools of the host commune.
"As a result, this contribution is a mandatory expense when the municipality of residence or, under conditions established by decree, the inter-communal educational grouping in which it participates does not have the capacity to accommodate the student concerned in his public school or when the attendance by the student of a school located in the territory of another municipality than that in which he is deemed to be resident finds its origin in related constraints:
« 1° To the professional obligations of the parents, when they reside in a commune that does not directly or indirectly ensure the restoration and custody of children;
« 2° To the registration of a brother or sister in a school of the same commune;
« 3° Medical reasons.
"When the contribution is not required, the municipality of residence may participate in the operating costs of the establishment without the participation being able to exceed the amount of the contribution as set out in the last paragraph.
"For the calculation of the contribution of the commune of residence, it is taken into account the resources of this commune, the number of students of this commune who attend school in the commune of reception and the average cost per student calculated on the basis of the operating expenses of all the public schools of the commune of reception, without the amount of the contribution per student may be greater than the cost that would have represented for the commune of residence the student if it had been sent out to his or his or his or her In the absence of a public school, the contribution per pupil charged to each commune is equal to the average cost of the department's public elementary classes. »
After article L. 442-5 of the same code, an article L. 442-5-2 is inserted as follows:
"Art. L. 442-5-2. - When it is obligatory, the contribution to the operating expenses of the elementary classes under the contract of association of the private establishments of the first degree is, in the event of a dispute, fixed by the representative of the State in the department that decides within three months from the date on which it was seized by the most diligent of the parties. »
I. ― The first paragraph of Article L. 442-9 of the same code is deleted.
II. ― Section 89 of Act No. 2004-809 of 13 August 2004 on local freedoms and responsibilities is repealed.
This law will be enforced as a law of the State.
Done in Paris, October 28, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
Minister of National Education,
Government spokesperson,
Luc Chatel
__________
(1) Act No. 2009-1312.
― Preparatory work :
Senate :
Proposals for Act No. 19 (2008-2009) and No. 20, corrected (2008-2009);
Report of Mr. Jean-Claude Carle, on behalf of the Cultural Affairs Committee, No. 88 (2008-2009);
Discussion and adoption on 10 December 2008 (TA No. 20, 2008-2009).
National Assembly :
Proposal adopted by the Senate, No. 1319;
Report of Mr. Frédéric Reiss, on behalf of the Cultural Affairs Committee, No. 1705;
Discussion and adoption on September 28, 2009 (TA No. 342).
― Constitutional Council :
Decision No. 2009-591 DC of 22 October 2009 published in Official Journal of this day.
