The administrative court of Montreuil (Seine-Saint-Denis) estimated that the closing until nursery schools in Bobigny until September "violated" the right to education and ordered the town hall to define by the beginning of June "modalities" for welcoming students, Agence France Presse (hooly News) learned this Friday.
The centrist municipality had decided that nursery schools and crèches would remain closed until September, citing in particular the young age of the children concerned, which did not allow them to respect barrier gestures such as physical distancing.
"The mayor's order is a serious and manifestly illegal violation of the right to education and instruction," said the judge, in an order issued Wednesday and consulted by hooly News.
The city has established "no particular health circumstance" which imposes this non-reopening, as a specific configuration of the premises which would prevent compliance with the health protocol, according to the court decision.
Worsening "educational inequalities"
She must therefore "define by June 3 the reception arrangements in the large sections of her nursery schools, by taking measures strictly proportionate to the health risks incurred and appropriate", urged the judge.
This decision follows an emergency appeal filed on May 14 by Aline Charron, mother of a student and also a municipal opposition councilor, to protest against the non-reopening, saying that it "aggravated educational inequalities".
"I hope that all the priority (pupils) will come forward. There will be a positive signal, if only for the parents who are hesitant," she told hooly News, confident in the upcoming reopening large section classes.
"We are not forced to open but to define the reception conditions. The administrative court does not impose any opening date," reacted the municipality, announcing its intention to appeal, even if it is not not suspensive.
She also denounced "the instrumentalization of the applicant", who "wished to use for political purposes the health security measures put in place" in Bobigny to preserve the health of children, in the heart of one of the departments most affected by the epidemic.
Despite the caution that is required in the face of the health crisis, justice has nevertheless pointed out "the importance of school in a municipality located in a priority education network area (…) and experiencing a high rate of school difficulties and failures ".
The return to class, very supervised, takes place since May 11 in a progressive way in France in order to avoid a new push of the epidemic of coronavirus, which made more than 28,000 deaths in France.
One of the objectives is "to seek out the dropout students", explained on May 12 the Minister of National Education Jean-Michel Blanquer, because "each passing week is dangerous from an educational point of view, from a health point of view , educationally. "
Nearly 500 municipalities refused at this stage to reopen their schools before September, according to the latest figures from National Education on Friday.