Key Benefits:
Audiences concerned: staff and students of the first and second levels, parents of students.
Subject: control of school attendance.
Entry into force: the text comes into force on the day after publication.
Notice: The decree derives the consequences of the repeal of the parental responsibility contract and measures to suspend family allowances in the event of school absenteeism. It provides for the procedure to be followed in the event of an unjustified absence of a student or repeated absences within one month without legitimate grounds: the director of the school board shall seize the academic authority for a warning to the persons responsible for the child, reminding them of the applicable penal sanctions and informing them of the possible support arrangements; In the event of the persistence of the lack of school attendance, it brings together the relevant members of the educational community to propose to the child's officials an appropriate and contractual support procedure, with a reference education staff designated to follow the measures implemented within the institution.
References: the education code Amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education, Higher Education and Research,
Vu le education codeincluding articles L. 111-3, L. 131-6, L. 131-8, R.131-6, R. 131-7, R. 131-10-1 to R. 131-10-4 and R. 222-24-1;
Considering the opinion of the Higher Education Council of 12 June 2014;
The State Council (inland section) heard,
Decrete:
Section R. 131-7 of the Education Code is replaced by the following:
"Art. R. 131-7.-I.-When the child has missed the class without legitimate reasons or valid excuses at least four half-days in the month, the school director or the school principal brings together the relevant members of the educational team in the first degree or the educational commission in the second degree, in order to seek the origin of the student's behaviour and to propose the measures that may be taken to remedy it. A document summarizing these measures is signed with the students to formalize this commitment.
"The academic director of the national education services acting on the delegation of the academy rector, seized of the student's file by the school director or the head of the school institution, sends a warning to those responsible and reminds them of their legal obligations and the penal sanctions to which they are exposed. He can conduct a social investigation.
"People responsible for the child may be called for an interview with the academic director of the national education services acting on the delegation of the academy rector or his representative. The student can offer educational or educational measures for the student.
"II.-In the event of the persistence of the lack of attendance, the school principal or the school principal shall, in accordance with the provisions of Article L. 131-8, meet the relevant members of the educational community to develop with the persons responsible for the child a suitable and contractualised assistance and support with them. It proposes any complementary measures to restore the child's attendance.
"He designates a reference education staff to monitor the application of the accompanying measures implemented for the benefit of the student concerned.
"III.-If he finds the continuation of the child's absenteeism, in spite of the measures taken under the preceding paragraphs, the school director or the head of institution again takes over the academic director of the services of national education and transmits to him the individual file of follow-up to the student's absenteeism.
"People responsible for the student may be summoned by fold recommended by the academic director of the services of national education, acting on the delegation of the academy rector, in order to be heard by the latter in the presence of the president of the general council or his representative and, where applicable, representatives of other State services. He reminds the persons responsible for the student of their legal obligations with regard to school attendance and the penal sanctions they impose. It proposes new measures of an educational or social nature as well as accompanying devices to the family.
"IV.-If the measures taken under the preceding subparagraphs have not allowed to put an end to the child's absenteeism, the academic director of the services of national education, acting on the delegation of the academy rector, shall take the prosecutor of the Republic of the facts that may be constituting the offence provided for in article R. 624-7 of the Criminal Code. He informs of this referral the persons responsible for the child. »
In section R. 131-10-1 of the same code, the words "by articles L. 141-2 and L. 222-4-1" are replaced by the words "by article L. 141-2".
Section R. 131-10-2 of the same code is amended as follows:
1° The 6th is deleted;
2° In the eighth paragraph, "7°" becomes "6°".
In the second paragraph of article R. 131-10-4 of the same code, the words "at 5°, 6° and 7°" are replaced by the words "at 5° and 6°".
In article R. 222-24-1 of the same code, the words ", L. 552-3-1 of the social security code" and the words "and L. 222-4-1" are deleted.
The Minister of National Education, Higher Education and Research is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on November 18, 2014.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
