Next Tuesday, October 18, is the national strike. Result: some teachers will be absent. Can the school ask me to keep my child at home or is it obliged to accommodate him, possibly in a different class? And should the municipality organize shelter if there are too many absent teachers? We make an inventory.
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Here’s a question a reader asked us:
” My child’s teacher warns that she is going on strike. And that the children are not transferred to other classes. So implicitly, it is not worth taking your child to school, no one will take him. My question: is there a mandatory minimum service? If other teachers do not strike, do they have the right to refuse students of striking teachers? Should the town hall take over from the supervisors and municipal staff? »
What is minimum service?
It is a flagship measure of Nicolas Sarkozy’s five-year term, which has been denounced by unions and teachers as an attack on the right to strike.
Law No. 2008-790 of August 20, 2008 establishes a right to care for pupils of kindergarten and primary schools during school time clearly states that ” Any child enrolled in a public preschool or elementary school is welcome during school time to take the classes offered by the programs ” and that'” he benefits from a free reception service when these classes cannot be given to him due to the unforeseen absence of his teacher and the inability to replace him Teachers must notify the rectorate at least 48 hours before their intention to resign. And the mayor must draw up a list of people who can welcome the children who come forward.
How does it work in concrete terms?
The school can ask the parents if they can take their child home, but it cannot force them: if the teacher is absent, it has to find a solution to welcome the child anyway (usually in another class of the same school) .
If less than 25% of the school’s teachers indicate that they are going to strike, the State will take care of your child. If the strike affects 25% or more of the teachers, this shelter falls under your municipality. When the reception is organized by the municipality, it is she who furnishes the place. The reception can take place in the school, whether closed or partially open, or in other buildings of the municipality (gymnasium, recreation center, multipurpose room, etc.).
In fact, the device has long since been out of place as the various health protocols underway during the Covid had removed this minimal service. Even before the Covid, only about a third of municipalities would set up this device, and many partially… . If there are less than 25% striking teachers at your child’s school, you can bring him in without any problems and he will be taken care of in another class. If there are more than 25% of the strikers, the care of your child depends on your municipality…
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