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A draft decree casts doubt on the right to education of children with disabilities

While families have been denouncing for years the difficulties they encounter in finding a school for their disabled child, a draft decree sets fire to the powder. If adopted as it stands, it would indeed create a category of children “impossible” to attend school, in complete reversal with the current approach to disability.

→ EXPLANATION. Schooling of disabled children: the CNCPH is concerned about a draft decree

It all started with a text a priori very far from the subject: the law against separatism, which, in the name of the refusal of identity withdrawal, more strictly frames home schooling. From now on, to use it, each family will have to request authorization from the rectorate.

Problem, home schooling is the last resort to which many families of children with disabilities turn, failing to find a satisfactory solution at school. “My son was homeschooled for six years, thus testifies Marion Aubry, vice-president of TouPI, association of mutual aid between parents. This is a very commonplace situation, that of many children who have been promised an AVS (school life assistant, editor’s note) at the start of the school year, for example, but who, in January, still do not have one and drop out. »

“A child is never impossible to school”

From now on, it will be less easy for parents to withdraw their children from school and ensure the class themselves. They must produce a medical certificate or a notification from the departmental house for disabled people attesting to “impossibility”, for their child, to be accepted in the ordinary school. This request can only apply for entire school years, and, in the event of a problem during the year, the child must remain in class.

This prospect is making many associations jump, which see it as a way for the State to clear customs. “A child is never out of school. It is the National Education which does not put the necessary means to accommodate the specific needs of these children”, plague thus Bénédicte Kail, of APF France handicap.

In fact, the legality of the decree seems very uncertain, agrees Denis Berthiau, professor of health law at the University of Paris-Descartes. “Since the 2005 law, rights to schooling and disability compensation are the norm, he advances. It is up to the State to ensure that every child can exercise his right to education, by providing him with the aid he needs to compensate for his handicap, whether it is support human or technical. »

→ MAINTENANCE. Disability, “a fight started from the start of schooling”

Beyond the law, if such a text were to see the light of day, it would also pose an ethical problem. “It would be segregative and confining, because it would send disabled students back to their families, who already have to deal with heavy care, continues Emmanuel Hirsch, professor of ethics at the University of Paris-Saclay. This would be all the more unacceptable since confinement has shown the importance of school in terms of socialization, as well as the burden of home schooling for families. The State cannot discard itself in this way on those who already have the most to bear. »


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