The issue of teacher absences not being replaced has moved from the educational to the legal realm. The administrative court in Cergy-Pontoise has condemned the State for “shortcomings in the organization of public education” in eight out of twelve cases brought before it, as of April 10. This comes as a result of actions taken by the Federation of Parents of Students (FCPE) and the #onveutdesprofs collective. The latter has filed 340 requests in 20 academies since spring 2022, leading to the first successful cases being won as the State’s fault and the resulting harm suffered are recognized.
Two of the court decisions posted on the tribunal’s website tell familiar stories to parent organizations. In one case, a student in the third grade lost 30 days of classes during the 2021-2022 school year. In another case, a middle school student lost 117 hours of teaching in 6th grade and 39 hours in 5th grade. The non-replacement of absences could result in up to 220 hours of missed classes out of the 936 in a school year at the start of middle school, as seen in cases judged in Cergy. The court has condemned the State for failing to replace prolonged or recurring absences in both elementary schools and middle schools, establishing a threshold for when the State’s liability is engaged.
The tribunal in Cergy-Pontoise has ruled that families should be compensated due to the “loss of opportunity” for their children to succeed in their future academic years and courses, as a result of the disruption in educational continuity for middle schoolers and the delay in acquiring the common core of knowledge and skills for elementary school students. In the two cases examined, the amount awarded was set at 150 euros, which has been criticized as being merely symbolic. These decisions are based on a 1988 decision by the Council of State, emphasizing the legal obligation of the Ministry of National Education to ensure the teaching of all mandatory subjects listed in the curriculum.
The court’s decisions highlight the failure to fulfill this legal obligation over a significant period as constituting a fault that holds the State accountable. The recognition of the State’s responsibility in these cases shows a growing trend in legal challenges related to teacher absences not being replaced. The indemnification set at 150 euros is seen as inadequate by critics, who argue that it does not fully address the impact of missed classes on students’ academic progress. This judicial scrutiny has brought to light the systemic issues plaguing the education system in France, particularly in ensuring adequate staffing levels in schools to maintain educational continuity.
Overall, the legal proceedings surrounding the non-replacement of absent teachers indicate a shift towards holding the State accountable for ensuring the provision of quality education in schools. The successful cases brought forth by parent organizations and collectives reflect a growing dissatisfaction with the lack of action taken by educational authorities to address teacher absences adequately. These rulings serve as a reminder of the essential role teachers play in students’ academic development and the need for systemic changes to prevent disruptions in learning. Moving forward, it will be crucial for policymakers and educational leaders to address these issues effectively to ensure a conducive learning environment for all students.
