Response from the Ministry of Education, Youth and Sports: As a preamble, it should be remembered that approved nannies (or childminders) primarily care for preschool-aged children. The municipalities that have chosen to favor childminders are for the vast majority of municipalities that do not have a crèche or do not have enough places in a crèche to accommodate all the children of the municipality.
With regard to children of compulsory school age, Article L. 131-5 of the Education Act provides that “the persons responsible for a child of compulsory school age […] must enroll him in a public or private educational institution, or else, if authorized to do so by the competent state authority in the field of education, provide him with family instruction.”
In the case of enrollment of a child in a school outside his municipality of residence, Article L. 212-8 of the same Code provides that “when the kindergartens or public primary schools of one municipality receive pupils whose family is domiciled in another municipality, the division of the operating costs made in consultation between the host municipality and the municipality of residence”.
However, in accordance with the provisions of paragraph 4 of the aforementioned Article L. 212-8, the municipality of residence is not obliged to contribute financially to this education “if the reception capacity of its educational institutions allows the education of the children concerned, unless the mayor of the municipality, consulted by the host municipality, has agreed to the schooling of these children outside its municipality”.
In addition, there is also no financial obligation on the municipality where the child lives in the case referred to in paragraph 5 of Article L. 131-5 of the Education Code where “families located in the vicinity of two or more public schools have the right to to enroll their children in one of these schools, whether or not on the territory of their municipality, unless this already has the maximum number of ‘regulated pupils’.
On the other hand, Article R. 212-21 of the Education Code specifies the cases in which the municipality of residence must contribute financially to the education of children in another municipality, namely: “1° father and mother or legal guardians of the child who exercises a professional activity when residing is in a municipality that does not directly or indirectly provide the catering and custody of the children, or only for one of these two services; 2° The health of the child, according to a certificate drawn up by a school doctor or by a doctor recognized under Decree No. 86-442 of March 14, 1986 on the appointment of recognized doctors, obliging the organization of medical committees and reform committees, the conditions of physical fitness for admission to public employment and the sick leave scheme for civil servants, frequent hospitalization or regular and long-term care , provided in the municipality of reception and may not be in the municipality of residence be jf; 3° Brother or sister of the child who is enrolled in a nursery school, a kindergarten or a public primary school in the host municipality in the same school year, if the registration of the brother or sister in this municipality is justified: – “by one of the cases mentioned in 1° or 2° above; – due to the lack of reception capacity in the municipality of residence; – by applying the provisions of the last paragraph of Article L. 212-8 “.
Finally, insofar as “the education of a child in a school in a municipality other than that of his place of residence cannot be called into question by any of them before the end of either pre-primary education or primary education of such child commenced or continued during the previous school year in an institution of the same cycle in the host municipality” as specified in the last paragraph of Article L. 212-8 of the Education Code, however, the municipality where the child lives does not have to contribute to the school costs of children who have the right to complete the cycle started in a kindergarten or primary school of the host municipality when the child’s situation no longer corresponds to one of the above cases of Article R. 212-21 of the Education Code.
However, the Ministry of National Education, Youth and Sports remains alert to the difficulties encountered by certain rural municipalities in maintaining the survival of their schools. Indeed, the balance and maintenance of the school offer throughout the territory, especially in rural areas, are priorities of the Ministry.