Family instructions: and one more decision on the derogation based on “a situation specific to the child motivating the educational project”

Family education: in the event of a request for exemption based on “the existence of a situation specific to the child motivating the educational project”, the administration cannot relate, for the TA of Rennes, nor on the existence of situation specific to the child (which is presumed via the pedagogical project) nor on the compatibility between this project and specificities of the child (confirmation of the position on this point of the TA of Rennes).

Last October 17, we report two interesting decisions of the TA of Rennes as regards instruction in family (instruction at home). By these two decisions, this court stated that in this area:

  • must (obviously) be censured the lack of respect of the 1 month deadline for the “2nd educational control”
  • the judge exercises a control of the manifest error of assessment on the educational project presented and, above all, a control of the error of law quite extensive if the State refuses the authorization on criteria other than those of the law , and this in a way that amounts, in the end, to a rather thorough control
  • the administration cannot require a “special project derogating from those offered by public or private educational establishments”, nor a “specific situation” for the child.

See our article which also recalled some fundamentals of this diet that has become strict and complex:

However, here I discover on the site of the said TA of Rennes that, the same day, in this matter, was made a third decision.

In fact, this decision essentially confirms the two aforementioned decisions, in particular TA Rennes, October 10, 2022, n°2204234,2204236.

But the summary made by the TA on its site is not without interest:

The law of August 24, 2021 confirming respect for the principles of the Republic modified the system of home education from the start of the 2022 school year: to the purely declarative system previously prevailing, this possibility of derogating from the principle of education in educational establishment (public or private) is now subject to a prior authorization regime provided for in Articles L. 131-2 and L.131-5 of the Education Code.

“To obtain such an exemption from the rector of the academy, the parents must justify reasons based on the state of health or a handicap of the child, or the practice of intensive sports or artistic activities. or the homelessness of the family in France or the geographical distance from any public school establishment. But the legislator also added a final reason for obtaining the derogation and linked to “the existence of a situation specific to the child motivating the educational project, provided that the persons responsible for it justify the ability to the person(s) responsible for instructing the child to ensure education in the family while respecting the best interests of the child. In this case, the request for authorization includes a written presentation of the educational project, the commitment to provide this instruction mainly in French as well as the documents justifying the ability to provide instruction in the family”. This article L.131-5, 4° of the education code referred to the regulatory power the task of specifying the conditions for the implementation of this provision.

“But the interpretation of this mechanism, and in particular the definition of the “specific situation of the child motivating the educational project”, was, even before the promulgation of the law, guided by the Constitutional Council which in its decision of 13 August 2021, had taken care to specify that the aim to be sought by the administrative authority was only to ensure that the family education project includes the essential elements of teaching and pedagogy adapted to the capacities and the rhythm of the child’s learning, these criteria also imposing themselves on the regulatory power to determine the procedures for issuing the authorization for home education. Articles R.131-11-1 et seq. of the Education Code have listed the elements of the file to be compiled by parents in support of their request for exemption for home schooling of their child(ren). s) in particular the presentation of their educational project and all proof of their ability to provide such instruction.

“The competent academic authorities, when they receive a request for exemption based on this provision, do not have to formulate any requirements other than these and therefore do not have to carry out their checks on the existence of a situation specific to the child, this being necessarily presumed by the presentation of the request for derogation accompanied by an educational project, nor on the consistency, a priori, of this project with the specificities of the child’s profile, this control can only be exercised within the framework of level checks carried out a posteriori by the academic inspection services.

“The administrative court of Rennes has had to recall these rules of interpretation in the numerous cases of refusal of derogation opposed to the families having seized it and, as in the case presented here, canceled these for error of law, and enjoins the rector to grant the parents this derogation.”
Source see on the Rennes TA website:

See this decision on the website of said TA:

Family instructions: and one more decision on the derogation based on “a situation specific to the child motivating the educational project”