CM2 student at the Port-Horel public primary school, a 12-year-old Moroccan teenager was excluded for five days, from June 10 to 14, 2024, by a decision of the director dated May 28, 2024. His mother deplores this decision and seized the Rennes administrative court on June 5 as part of a summary liberty order, an extremely urgent procedure intended to sanction “serious” and “manifestly illegal” attacks on the fundamental freedoms enshrined in the Constitution (freedom of expression, freedom of assembly, etc.), reports franceinfo. In her appeal, she explains that “the director is seriously and manifestly illegally infringing on the right to equal access to education. […] The suspension occurs at the time of the end-of-year school trip, and the refusal to allow a child to participate in the trip […] constitutes discrimination based on his disability. » According to his mother’s explanations, this Moroccan teenager who arrived in France in December 2022 suffers from Attention Deficit Disorder with or without Hyperactivity (ADHD) “associated with a slight intellectual deficit”. According to her, this ban on the end-of-year trip would “damage the already fragile psychological state” of her child, who had “already suffered numerous traumas before arriving in France”. And to deplore: his son above all “needs appropriate support” and the implementation of the PHARe protocol – a program to combat bullying at school – “questions the correct understanding of the facts and the veracity of the statements collected.
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The mother of the Moroccan teenager kept repeating that the “intentional nature of his behavior […] cannot be retained. “The teaching team has lumped together behavioral problems and disruptive behavior,” she points out, arguing that her son is “at a decisive age in the acquisition of knowledge and learning to live together.” In her appeal, she tried to force the Plérin public primary school to welcome her son back, with a penalty of €200 per day of delay, and this “until the end of his schooling” scheduled for July 5, 2024. In an order dated June 6, 2024 which has just been made public, the summary judge of the administrative court of Rennes dismissed the mother of the little Moroccan. If it admits that the “deprivation of a child of any possibility of benefiting from schooling […] is likely to constitute a serious and manifestly illegal attack on a fundamental freedom”, it notes however that “the decision […] was taken following the observation of repeated facts involving [l’enfant] over the last few months. “Thus, following a report from a family, the pHARe protocol […] was implemented within the class […] at the end of January, he showed himself to be aggressive both physically and verbally towards the other children.”
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The magistrate adds: “The various participants […] noted that he had difficulty managing his emotions when he is upset, that he had not yet acquired all of the social codes, had not yet really accepted or integrated the rules of life collective, which sometimes led to inappropriate behavior with peers, going as far as inappropriate gestures. “Several measures were also implemented in the months leading up to the decision […] to try to stop the actions of [l’enfant]measures which did not make it possible to change his behavior favorably. […] Under these conditions, an exclusion limited to five days does not call into question the normal pursuit of studies. [de l’enfant] for the current year and cannot be considered as a manifestly illegal infringement of the right to education,” she decides.
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Regarding the compensation claimed (€500) by the applicant, for her “psychological harm”, the magistrate declared that it “is not up to” a judge to rule on “compensatory conclusions”. It will be necessary to wait eighteen months to two years for the court to rule on the legality of this decision by the director of the Port-Horel school through a panel of three judges. In the event that this decision is deemed illegal, “the mother of the child would be entitled to request compensation. »
