Home education (IEF), sometimes called ‘homeschooling’, is an educational option that has long been available to families.

The right to education is affirmed by numerous international, constitutional, and legislative texts (thirteenth paragraph of the Preamble to the 1946 Constitution and Article 2 of the Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms) and has been clarified by case law.

The principle of the right to education and access to education for all is notably enshrined in the Education Code: ‘The right to education is guaranteed to everyone to enable them to develop their personality, raise their level of initial and continuing education, integrate into social and professional life, and exercise their citizenship‘ (art. L. 111-1 paragraph 4).

This compulsory education is regulated by Article L131-1 and subsequent articles of the same code, which states that ‘education is compulsory for every child from the age of three to sixteen.’

The Council of State has considered that: ‘The principle of freedom of education, which is among the fundamental principles recognized by the laws of the Republic, implies the possibility of creating educational institutions, including those outside any contract with the State, as well as the right for parents to choose, for their children, educational methods alternative to those offered by the public school system, including instruction within the family.‘ (Decision of July 19, 2017, Association Les enfants d’abord, n°406150).

This right is therefore not absolute and has recently been subject to legislative reinforcement and restrictions:

1. The LAW n° 2019-791 of July 26, 2019 ‘a school of trust’, reinforced the control procedures for home education and also lowered the age of compulsory education from six to three years.
2. The LAW n°2021-1109 of August 24, 2021 reinforcing respect for the principles of the Republic, known as the ‘separatism law’, coming into effect at the start of the school year in September 2022, replaces the system of declaration of home education with a mandatory request for prior authorization.
3. Article 49 of the law thus modifies Article L.131-2 of the Education Code and specifies:

‘Compulsory education is provided in public or private institutions or schools. It may also, as an exception, be provided in the family by parents, by one of them or by any person of their choice, upon authorization issued under the conditions set out in Article L. 131-5.‘

The new wording of Article L131-5 of the Education Code setting the new authorization procedures was validated by the Constitutional Council (decision of August 23, 2021, n°2021-823 DC) which specifies that home education is not a component of the fundamental principle recognized by the laws of the Republic on freedom of education, but a method of implementing compulsory education.

Therefore, the previously envisaged system, guided by the principle of freedom of education, will be reduced to a derogatory regime which is detailed by the decree n° 2022-182 of February 15, 2022 relating to the procedures for issuing authorization for home education.

What are the conditions for benefiting from home education?

For your child to be educated at home, you must be able to justify one of the following situations (art. L 131-5 of the Education Code):

• The child’s health condition or disability;
• The practice of intensive sports or artistic activities;
• The family’s itinerance in France or geographical remoteness from any public educational institution;
• The existence of a situation specific to the child motivating the educational project;
• The threat to the physical or moral integrity of the child in their educational institution.

Among these reasons, it is ‘the existence of a situation specific to the child motivating the educational project’ that poses the most difficulties, with many applications being rejected on this basis.

The Education Code frames this reason by requiring that:

• The persons responsible for the child must demonstrate the ability of the person in charge of teaching the child to provide home education in the best interest of the child; a baccalaureate or another level 4 diploma is then required. If you want to present a foreign diploma, you can request a certificate of comparability for a foreign diploma using the following link: Request a certificate of comparability for a foreign diploma (Online Procedure)

• The authorization request includes a written presentation of the educational project;

• The commitment to provide this instruction primarily in French.

The Constitutional Council has ruled that it will be up to the regulatory authority, under judicial review, to determine the procedures for granting authorization for home education in accordance with these criteria, and for the competent administrative authorities to base their decision solely on these criteria, excluding any discrimination of any kind (decision of August 23, 2021, n°2021-823 DC). The Constitutional Council adds: “Lastly, while the contested provisions stipulate that authorization for home education is granted without being able to invoke reasons other than the best interests of the child, they neither aim nor have the effect of infringing on the freedom of conscience or opinion of persons presenting a home education project“.

What are the steps to follow?

I. DASEN: Request for Authorization of Home Education

1. Submit a request for home education to the DASEN;
2. The request must be submitted between March 1st and May 31st inclusive, preceding the school year.
3. The DASEN notifies their decision within two months. If there is no response within this timeframe, your request is deemed accepted.

How to contest a refusal?

In case of refusal for home education, you can contest the decision within 15 days (Article D131-11-10 of the Education Code) from the notification by exercising a mandatory prior administrative appeal (hereinafter “RAPO”) to a commission chaired by the academy rector. The commission meets within one month and notifies its decision within 5 working days (Art. D. 131-11-12 of the Education Code). In all cases, the refusal must be justified.

The administrative court can only be approached after the rejection of your appeal (Art. D. 131-11-13 Education Code).

What to include in your RAPO?

It is important to detail point by point the reasons that lead you to file this appeal. You must contest the refusal in law and in fact, and demonstrate the manifest error of assessment.

Regarding the legal situation, this involves recalling the terms of the Code of Relations between the Public and the Administration, or the Education Code (the law, the decree, the reservation of the Constitutional Council) that justify your RAPO.

You can also mention generalities about the best interests of the child and your child’s point of view, whose opinion must be taken into account for any decision concerning them according to Article 12 of the International Convention on the Rights of the Child (CRC) or according to Article L112.4 of the Social Action and Families Code which states:

“The interest of the child, taking into account their fundamental physical, intellectual, social and emotional needs as well as respect for their rights must guide all decisions concerning them.“

Regarding the factual situation, this relates to your particular situation in your RAPO, and how it complies with the law. You need to explain that you have submitted an authorization request to access a form of compulsory education, respecting all legislative and regulatory requirements within the framework of the Constitutional Council’s reservation (educational project containing the essential elements of pedagogy adapted to the child), but that you do not understand why the administration is denying you access to this modality.

You can also improve your pedagogical project by asking for help from associations.

II. The Controls

a) Control carried out by the town hall:

• From the first year of home education, the town hall conducts an investigation to check the reasons for a home education request;
• The purpose is to verify the compatibility of the family’s health status and living conditions with home education;
• You must provide a medical monitoring certificate for your child;
• This investigation is renewed every 2 years until the child is 16 years old.

b) Control carried out by the DASEN: pedagogical control

• The DASEN ensures the child’s progress, particularly by verifying if the child’s knowledge is sufficient,
• An academic inspector conducts the individual control of the child at least once a year.
• The inspector may be assisted by a school psychologist.
• This control is carried out from the 3rd month following the issuance of the authorization for home education.
• The results are communicated to you within 3 months.
• If the results are insufficient: a second control is scheduled within a minimum period of one month. This period is intended to allow for improvement of the situation. If the results are still insufficient, the Academic Director of National Education Services requires the child to be enrolled in a school, public or private, within 15 days from the notification.

The control is individual, the inspector may be accompanied by a school psychologist. Families are not informed in advance of the date of this control.

The Council of State noted in this regard that the infringement of respect for private and family life by an unannounced control is justified by the general interest and the rights of the child (Council of State. CE April 2, 2021 No. 435002).

Remember that for these controls, state agents are bound by neutrality. Thus, Article 121-2 of the General Code of Public Service states that:

” In the exercise of their duties, public officials are bound by the obligation of neutrality. They perform their duties in accordance with the principle of secularism. As such, they refrain from expressing their religious opinions. They are trained in this principle. Public officials treat all people equally and respect their freedom of conscience and dignity. “

What are the penalties for non-compliance with the laws?

Certain situations corresponding to violations of the law can be heavily sanctioned:

• If you do not enroll your child in an educational institution, without a valid excuse, despite a formal notice from the competent state authority in education matters, you risk a penalty of 6 months imprisonment and a fine of 7,500 euros (Article 227-17-1 of the Penal Code).
• Similarly, if you oppose the schooling of your child after the second pedagogical control, you can be sentenced to 6 months imprisonment and a 7,500 euro fine
• If you refuse the pedagogical control, the DASEN reports to the public prosecutor.
• If you enroll your child in an illegally opened private school after receiving authorization for homeschooling, you risk a fine of 15,000 euros and 1 year in prison (Art. L131-5 of the Education Code).

What should I do?

If you are refused authorization to homeschool your child:

• Check the reason for refusal, it must be justified in law and in fact;
• If the refusal follows a control, request the communication of the reports if you haven’t received them;
• You can make a mandatory preliminary administrative appeal;
• In case the appeal is unsuccessful, you can refer to the judge;
• You can contact the Defender of Rights at the local level by sending them a copy of your appeal letter;
• You can contact an association specialized in home education;
• You can contact Equitas for legal assistance, who will accompany you in each of the steps.