In Vendée, the judicial pressure from parents of a disabled student proves effective

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The summary judge of the Nantes administrative court dismissed the parents of a disabled little boy from the Angelmière nursery school, in La Roche-sur-Yon (Vendée), who had contacted him on September 20, 2024 for obtain “shared assistance over the entire schooling period” from their five year old son.

On September 20, 2024, the applicants took legal action in the context of a “Useful measures” summary procedure, a procedure which allows “in cases of emergency” the judge to order all “useful measures”. However, the emergency condition was “met”, according to them, since no “pooled human aid intervening throughout school time” had been allocated.

The Commission on the Rights and Autonomy of Persons with Disabilities (CDAPH) of Vendée had nevertheless concluded to this effect on May 14, 2024: “individualized human assistance” should be allocated to this high section student “up to 75% of school time”, i.e. “eighteen hours per week”, starting from 1^is August 2024 and until July 31, 2026.

Under these conditions, the couple asked the judge to “take any measure that she considers useful” to “stop the non-compliance with the compensation needs” recognized by the Departmental home for disabled people (MDPH) of Vendée.

He also wanted an “injunction” to be made to the Directorate of Departmental National Education Services (DSDEN) of Vendée to grant this “human aid” to their child as “as quickly as possible”, with €150 per day of delay and “€1” for their legal costs.

“This calls into question his rights to education, […] exposes him to the risk of dropping out of school and risks calling into question his inclusion in an ordinary environment,” explained the parents.

“Consequences” to be “clearly put into perspective”

For the rector of the academy, however, there was no “emergency”: if the child had only benefited from “six hours per week” with an AESH since the start of the school year, this situation was “temporary”.

“It is explained by the difficulties of adjustments between recruitment and needs, given the reduced delays between the dates of MDPH notification, school registration and start of the school year,” explained National Education. “Given the young age of the child, the consequences in terms of schooling must be clearly put into perspective. »

The “measure” requested was also not “useful” since “recruitment” of AESH was “carried out” on September 26, 2024, i.e. six days after filing the appeal before the administrative court of Nantes… It was to come into force on October 7, 2024, that is to say three days after the public hearing.

“By a contract […] concluded for three years from October 7, 2024 to October 6, 2027, the rector of the Nantes academy has recruited a person […] in order to assist students for whom support has been recognized as necessary”, thus confirms the judge in summary proceedings in an order dated October 9, 2024 which has just been made public.

It “will be attached to the Angelmière school group to the extent of 24 hours of support weekly”. “This hourly volume […] will allow […] to allow young XXX to benefit from the support rate corresponding to the MDPH notification”, concludes the Nantes magistrate. “Under these conditions, […] injunction conclusions […] are not of a useful or urgent nature. » The couple's request was therefore rejected.

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