Private educational establishments

Statutes of private educational establishments

Schooling in a private educational establishment is a way of exercising the obligation to educate. The education code establishes the status of these establishments, through provisions resulting from two laws:

  • The law of December 31, 1959, known as “Debre” Lawwhich is named after the author of the bill from which it arose, then Prime Minister and Minister of National Education;
  • The law of April 13, 2018, known as “Gatell” Lawwhich is named after the senator who authored the bill that originated it.

“Private educational establishments” within the meaning of articles L 441-1 et seq. of the Education Code are considered to be all places where children from three to sixteen years of age are accommodated, whether outside their home, whether more than one family, or belonging to both. categories at the same time.

Conditions for the creation of a private educational establishment

The opening is subject to prior declaration to the rector, who transmits it to the mayor, the prosecutor and the prefect. These 4 authorities have each a period of 3 months to oppose the opening, for any of the following reasons:

  • Public order or the protection of children and young people;
  • The criminal conditions, title, nationality and, where applicable, the professional experience of the person who manages the establishment or even the person who opens it;
  • The non-academic or non-technical nature of the establishment.

The diplomas

These establishments can prepare your students for exams so that they obtain the diplomas issued by the State; This preparation is carried out under the same conditions as in ÉPLE if the establishment is linked to the public service by contract.

Relations between private educational establishments and the State

Contracts concluded between private establishments and the State.

After five years of operation, an establishment outside of contract may request to be linked to the State through a contract. This contract obliges the establishment to welcome children without distinction of origin, opinion or belief. In exchange, the State pays the teachers and the public authorities must finance the operation of the center in the same proportion that they finance public educational centers. However, when it is a simple contract, municipalities are not obliged to participate in the financing.

Financing of the investment costs of private educational centers by public authorities is not possible at the first level. In the second general degree, public aid for investments is possible but within the limit of 10% of the establishment’s annual expenses. On the other hand, with regard to technical and professional education, the financing of investments is free, within the limit of the financing granted to students enrolled in the corresponding classes of local public educational establishments.

The simple contract

This contract is reserved for nursery and primary schools that wish to do so, and establishments that educate young people with disabilities. The establishment then organizes the teaching. with reference to general programs and regulations relating to public education schedules.

The association contract with the public education service.

This contract is open to all private establishments, from kindergarten to high school, if a The academic need is recognized by the rector.. The establishment then provides the lessons. in accordance with public education standards and programs.

State control

All private establishments are under inspectionpreserving its own character.

Inspection of non-contractual establishments They must be carried out from the first year of their operation; Later, other controls may be organized, unexpectedly or not.

Under the joint authority of the prefect and the rector, administrative controls guarantee that the director and teachers have the required qualifications and that the legal provisions relating to compulsory education, public order, health and social prevention and the protection of children and youth are respected. If these provisions are not respected, the foreseen sanctions may be applied.

The control pedagogicalUnder the jurisdiction of the rector, he ensures that teaching conforms to the rights guaranteed by treaties and the Constitution:

HE Education rights allows each child to develop their personality, raise their level of initial and continuing education, integrate into social and professional life, exercise their citizenship (art. L.111-1 of the Education Code);

HE Education rights guarantees each child up to the age of 16, on the one hand, the acquisition of fundamental instruments of knowledge, basic knowledge, elements of general culture and, according to their choices, professional and technical training and, on the other hand, an education that allows develop their moral sense and critical spirit, to share the values ​​of the Republic (art. L.131-1-1 of the same code);

HE Education rights guarantees each child that, at the age of 16, he or she will have had the necessary means for the progressive acquisition of the common core of knowledge, skills and culture (art. L.122-1-1 of the same code).

If, after an initial formal notification, the director of the establishment persists in not respecting these rights, he commits an infraction that the prosecutor is informed; parents of students are then ordered to send their children to another establishment.

Control is broader for establishments under contract : It also refers to compliance with the educational requirements derived from the award of the contract, and teachers are evaluated under conditions comparable to those of teachers in municipal schools and EPLE.

Legal regime applicable to the opening and control of private educational establishments outside of contract

The law of August 24, 2021 that reinforces respect for the principles of the Republic created an administrative closure procedure by the prefect and expanded the scope of control exercised over these establishments (control of the origin of financing at any time and of the good reputation of all staff).

A practical guide explains the modalities of implementation of this legal regime. These are general, technological or professional education establishments.

Leave a Comment