While families have been condemning for years the difficulties they face in finding a school for their disabled child, the draft decree ignites dust. If adopted as it is, it would indeed create a category of children who “cannot” attend school, in stark contrast to the current approach to disability.
→ EXPLANATION. Education of handicapped children: CNCPH is concerned about the draft decree
It all started with a text a priori very distant from the subject: an anti-separatism law that, in the name of denying the withdrawal of identity, strictly limits home education. From now on, each family will have to apply for authorization from the Rector’s Office to use it.
The problem, home education, is the last resort that many families of children with disabilities turn to and cannot find a satisfactory solution at school. “My son studied at home for six years, so testifies Marion Aubry, vice president of TouPI, the parents’ mutual assistance association. This is a very common situation for many children who have been promised AVS (school life assistant, note for example, at the beginning of the school year, but who do not have it in January and will leave. »
“A child is never impossible to go to school”
From now on, it will be less easy for parents to withdraw their children from school and arrange the class themselves. They must present a medical certificate or a certificate from the Department of the Disabled “impossibility”to have their child admitted to mainstream school. This application can only cover the whole school year and in case of problems during the year the child must stay in the class.
This perspective jumps to many associations, which see it as a way for the state to clear customs. “A child will never leave school. It is a national education that does not provide the necessary means to adapt to the specific needs of these children. plague Bénédicte Kail, of APF France handicap.
In fact, the legality of the decree seems very uncertain, agrees Denis Berthiau, a professor of health law at the University of Paris-Descartes. “Since the 2005 Act, school attendance and invalidity compensation rights have been the norm, advances. It is up to the state to ensure that every child can exercise his or her right to education by providing him / her with the help he or she needs to compensate for his or her disability, whether human or technical. »
→ MAINTENANCE. Disability, “the fight has started since the beginning of school”
Beyond the law, if such a text saw the light of day, it would also pose an ethical problem. “It would be segregating and restrictive, as it would send students with disabilities back to their families, who already have to face demanding care. continues Emmanuel Hirsch, Professor of Ethics at the University of Paris-Saclay. It would be all the more unacceptable that imprisonment has shown the importance of the school in terms of socialization, as well as the burden of home education for families. In this way, the state cannot be thrown at those who already have the most. »