Within the home schooling of minors who are either:
- educated at home by parents, by a third person or via distance learning;
- attending a private school, not organized or funded by the Community and cannot be related to the following categories:
- institutions organized, supported or recognized by the Community;
- are referred to facilities that are equivalent institutions organized or subsidized by the Community.
- Those issued by the International School;
- A bachelor's degree issued by the Council of the European Schools;
- International Baccalaureate Diploma issued by the International Baccalaureate Office in Geneva.
- Schools where attendance can lead to the award of an overseas provided that the Government of the community has recognized that they can meet the compulsory education.
In addition to the information requirement, two obligations hanging over those responsible for the minor of compulsory school age:
- refer the minor to control the level of studies;
- tests include the minor qualifications.
Control level of education
This control is provided by the inspection service that has a power of opinion, the decision-making power belonging to the Education Commission in the home.
Criteria
The inspection ensures that the education provided:
- Allow students to acquire a level of knowledge equivalent to what he could achieve in the teaching of the Community (concerning reference to basic skills, skills terminal to common knowledge and skills required minimum specified in the decree "Missions");
- Pursue the objectives defined of the Order ;
- Complies with Title II of the Constitution ("their rights");
- It does not advocate the values are manifestly incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms.
Parliamentary work helps identify the scope of these requirements. About the level to be achieved, indeed they specify that "given the principle of academic freedom, there can be no question of imposing the respect of basic skills, skills terminal common knowledge or skills required minimum as such. By cons, they can serve as a criterion for assessing the level of education for students to achieve within the home schooling. The General Inspection will be responsible for determining whether the education provided can reasonably be considered likely to achieve the same level of knowledge than that resulting from the application of the bases and skills. "
On the other hand, the reference to constitutional principles and to the European, Convention requires that we ensure that "education is not clearly inconsistent with the values within our society. So could it be, for example, a facility that corporal punishment or whose teaching is based on designs racist, sexist or other discriminatory design. "
Possibility of derogation
The decree provides that if health problems, learning, behavior or when the minor is a disability motor, sensory or mental level studies can be adapted to achieve.
In this case, those responsible must submit a reasoned request to that effect, together they proceed to the declaration. The request must explain why an adaptation at the level of education is stressed and the content of this adaptation.
Procedure
The inspection shall determine the date of the level control studies and warns those responsible at least one month in advance.
After verification, it shall prepare a report and give an opinion on compliance education with the criteria above. The report and the opinion of the Inspectorate are sent to the responsible persons who can give their comments within 10 calendar days.
Based on the report and the opinion of the Inspectorate as well as any observations of those responsible, the Education Commission statue home and communicate its decision to them.
If the Commission considers that the level of education is not satisfactory, a new control intervenes in the same way, between the second and fourth months of notification of the decision. At this point, if the Inspector considers that the level of education is still not up to the mark, it will propose ways of integrating the minor in education organized or subsidized by the Community (shape, section, year of studies). Those responsible may also make their views before the decision of the Commission. The decision of the Commission will allow the child to be enrolled as a regular student in a school and therefore, claim the sanction of his studies at the end of the school year in question, that is to say, to be graduate.
Note that the specific provisions governing the integration of special education, which will take place, as for students enrolled in mainstream schools of the Community, with the consent of those responsible.
The tests for certified
A minor enrolled in home schooling is required to submit events to obtain the CEB and the juries of the first and second degrees within a specified period according to age at time of registration events:
- later than during the school year during which he will reach his 12 years in the CEB;
- later than during the school year during which he will reach his 14 years in the first degree;
- later than during the school year during which he will reach his 16 years in the second degree.
Following the decision of the Constitutional Court of July 9, 2009, failure to test for obtaining the CEB is no more sanctioned. By cons, in case of failure to one of the juries and when no longer possible to register for events within the insignificant must return to an educational institution. As in the level control studies, the Commission will determine how to integrate the minor in education organized or subsidized by the Community, after notice of any inspection.
Similarly, a time limit for tests or waiver may be granted to children qualifying for exemption from the control over the level of education.
The Education Commission Home
In summary, the Commission is of the following:
- adaptations at the level of education to be achieved;
- ecisions of the school;
- decisions in determining what type and what level of education the minor must be integrated;
exemptions or deadlines for submission of test certificates.
It will consist of inspectors who do not control the level of education and member services of the Government.
Its decisions are appealable to the Government. The appeal must be lodged by registered letter within 15 calendar days of notification of the decision of the Commission.
Legal framework
Home schooling is regulated by:
- The laws on primary education, contact the 20/08/1957, sections 8 and 10;
- The decree of the Community of 25 April 2008 laying down the conditions to meet the compulsory education outside of education organized or subsidized by the Community.
