Is it possible for a host municipality to bear the tuition fees itself, without a request from the residence municipality?

Response from the Ministry of National Education, Youth and Sports: As an introduction, it should be remembered that approved nannies (or child care providers) primarily take on children of preschool age. Municipalities have chosen to favor childmaners than for most municipalities there is no crèche or there is not enough space in a crèche to accommodate all the children in the municipality.

With regard to children subjected to compulsory schooling, Article L. 131-5 of the Education Code provides that “persons responsible for a child subjected to compulsory schooling. […] he must be enrolled in a public or private educational establishment, or else, if they are permitted to do so by the competent State authority in matters of education, he shall be provided with family instruction ”.

In the event of registration of a child in a school outside his municipal residence, article L. 212-8 of the same code provides that “when the nursery school or the public elementary school of a municipality will receive students whose family resides in. in another municipality, the distribution of operating expenses is made by agreement between the host municipality and the municipality of residence “.

However, in accordance with the provisions of paragraph 4 of the said Article L. 212-8, the town of residence is not required to contribute financially to this education “if the receiving capacity of the educational establishments allows schooling of the children concerned, unless the mayor of the commune of residence, in consultation with the host commune, has given his agreement to the schooling of these children outside his commune ”.

In addition, no financial obligation also imposes on the municipality of residence of the child in the case outlined in paragraph 5 of article L. 131-5 of the education code where “families living near two or more public schools have the right to enroll.their children in one or more of these schools, whether or not they are in the territory of their municipality, unless it already has the maximum number of ‘students permitted by regulation’.

On the other hand, article R. 212-21 of the education code stipulates the cases in which the municipality of residence is required to contribute financially to the education of children in another town, namely: “1 ° Father and mother or legal guardians of the child who conduct a professional activity when they live in a municipality that indirectly or indirectly ensures the catering and custody of the children, or only one of these two 2 ° State of health of the child in need, according to a certificate established by a school health physician or by a physician approved under order n ° 86-442 of March 14, 1986 which relating to the appointment of approved doctors, the organization of medical committees and reform commissions, the conditions of physical fitness for admission to public employment and the sick leave scheme for civilians servant, frequent hospitalization or regular and long-term care, provided by the receiving municipality and not in the municipal residence; 3 ° Brother or sister of the child enrolled in the same year of schooling in a nursery school, a nursery school or a public elementary school in the host municipality, if the registration of the brother or sister in this town is reasonable: – “in one of the cases mentioned in 1 ° or 2 ° above; -the lack of capacity to receive the municipality of residence; -by applying the provisions of the last paragraph of Article L. 212-8 “.

Finally, whether “the education of a child in a school in a town other than his or her residence cannot be questioned by one or the other of them before the completion of any pre-elementary education, or its primary education.child who commenced or continued in the previous year of schooling in an establishment of the same cycle in the host municipality “as specified in the last paragraph of Article L. 212-8 of the Education Code, the town of residence the child does not however have to contribute to the cost of schooling of children who benefit from the right to complete the cycle initiated by a nursery or elementary school in the host municipality if the child’s situation is no longer equivalent to a in the cases mentioned in article R. 212-21 of the education code.

However, the Ministry of National Education, Youth and Sports remains vigilant on the difficulties encountered by some rural towns in preserving the existence of their school. In fact, the balance and maintenance of the school offered throughout the territory, especially in the countryside, are priorities of the ministry.

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