“We may wonder about the relativity and relevance of certain general criteria enshrined in law in relation to age, given that the acquisition of knowledge and learning, even basic ones, is inherently longer and more complex for minors with severe disabilities. This assessment of the age limit established by the legislation on compulsory education does not come from an association, a humanities researcher or a minister, but from the Magistrate of the Court of Narbonne (Aude), which has just forced the Institut Médico -Educatif Les Hirondelles to apply it , which is included in the personalized school schedule of one of its users, Bastian Imbert. A judge because the parents of this 17-year-old non-verbal autistic teenager had to go to court to have his 4 half-days of school reinstated at Montesquieu College in an External Teaching Unit (UEE.) of the IME, The Afdaim-Adapei manages around thirty facilities and medico-social services in the Aude for 2,600 people and some of the users of their IME benefit from half-day primary or secondary UEE without this being defined by a PPS. Except for Bastian Imbert, and it is his respect, combined with an obligation to result, that the judiciary has reaffirmed.
“This is the first time I’ve received such a fine verdict! exclaims Master Sophie Janois, attorney specializing in health and autism. It was my first unschooling file. The lessons are relatively new and this is the first time parents have gone to court to enforce their child’s rights after dealing with the association that administers the IME. Since the teenager is over 16 years old, the management of this IME has decided to reduce the school half-days to 2, citing the extension of the compulsory training to 18 since the law of July 26, 2019 for a school of trust that the lawyer has obtained the reinstatement of the half-time of 4 half-days. “When I met Bastian, he had behavioral and sensitivity problems,” says Olivier Paolini, teacher and coordinator of the lesson. During his school years, his parents saw him advance in knowledge, socialization and cognitive skills, he learned social codes. But cutting his apprenticeship in half has resulted in a total break with the university, and he has also been enrolled at the IME since last September and is no longer at the university. This cut has resulted in him having no more social interactions. Its development is blocked and it regresses. »
The IME between a rock and a hard place?
Jean-Marie Gorieu, General Director of Afdaim, does not like the court decision: “National Education asks us to limit school education to 16 years, by carrying out professionalization measures for others, working on know-how and know-how in workshops. “And he is concerned about the consequences of the ruling: “The issue of this issue is the contestability or not of the PPS, and an association that will be condemned if it does not have the necessary resources. In doing so, he questions the administration of national education, which only provides for 2.5 specialist teaching posts for 64 children and young people. A deficiency the judge noted by sending it back to Afdaim: “The court can only raise […] the somewhat contradictory position of the sponsoring association, which on the one hand does not ignore the specific needs of the young people concerned […] and, on the other hand, justifies a change in the program which he knows will be less favorable to the person concerned because of a material impossibility linked to the means at his disposal. It is clearly Afdaim’s responsibility to respect and deliver on his results commitment in obtaining the necessary funds from the National Board of Education and the Regional Health Board, with the judge “dismissing the fact that he is unable only have a part-time apprenticeship position or do not have additional or sufficient teaching resources. And finally, he returns his own shortcomings to the club: “The parts needed […] cannot argue that there is a lack of funds, which is only due to their lack of predictability from management and at least the internal decisions that are incumbent on them. »
What Jean-Marie Gorieu fails to appreciate: “Where there is injustice, the parents who acted by creating institutions are condemned. It is perceived as extremely violent by activists who have struggled with National Education for 65 years. It was probably collectively more effective to go to National Education together to put an end to this situation. We will see if it releases resources according to the PPS depending on the next missions. Afdaim thus anticipates possible inquiries from parents to the Department House for People with Disabilities, since Bastian Imbert is so far the only user of the association to benefit from such a plan, which the judge deems contrary to an IME.
“I’m very happy to have been heard by a judge who writes a 12-page judgment,” says Patrice Imbert, Bastian’s father. He clearly explained the reasons for this judgment. Nobody will look for additional funds, so the process in Aude does not work. For him, the MDPH should reach out to the ARS and National Education so that they match teachers to the needs of the children. Regarding his son, the possible Afdaim call will only come after he is 18 and his school days should come to an end: “It took a lot of tiredness and energy to be heard, but I do not regret it, for Bastian and the other children. How will Afdaim and other management associations react in the same situation? “This verdict is not fundamentally unfavorable for IMEs,” concludes Maître Sophie Janois. This gives them arguments to fight with national education. “The ball is in their hands …
Laurent Lejard, April 2022.