Can the absence of a teacher consequence in compensation for the student? Turns out it is! In France, a groundbreaking conviction has been passed that can change the way schools are perceived to be liable for ensuring continuity of teaching. A advanced school student received compensation of EUR 1160 for hours of classes lost due to the absence of teachers. This issue gives emergence to a broad discussion on the quality of education and the rights of pupils.
French court orders compensation for lost lessons
The case concerns the Antoine-Coysevox advanced School student in the 18th territory of Paris. In the 2021–2022 school year, a teenager lost a full of 116 hours of classes due to “multiple absences” of teachers. The administrative court considered that the student suffered harm as a consequence of the ‘no-objection’ of the institution, resulting in a ‘significant delay’ in his teaching.
In a detailed settlement, the court indicated that the student had lost:
- 29 hours of French,
- 13 hours of math,
- 11 hours of history, geography and technology,
- 16 hours of physical education,
- 6 hours of SVT (natural science),
- 10 hours of English,
- 20 hours of German.
The court ordered you to pay 10 euro for each hr of absence of the teacher, which gave a full of 1160 euro. In addition, the school was obliged to cover 700 euro of legal costs.
The student's father fought for justice
The case was brought to court by the student's father, who demanded EUR 2070 compensation for harm suffered by his boy and for his own "moral losses". The man argued that he had to change his agenda and pay private lessons to catch up due to the absence of teachers. However, the court did not accept this part of the application, considering that the parent had no right to compensation for his own loss.
The region was defending itself, but the court was relentless
The Ministry of Education sought to defend itself, claiming that the administration had done everything possible to recapture the absence of teachers. The difficulties in uncovering replacements due to "recruitment difficulties" among the teaching staff were pointed out. The ministry stressed that the absences were “very short”, “unpredictable” and “distributed”, making it hard to organise replacements.
However, the Administrative Court of Paris rejected these arguments, stating that ‘the Rector has not proved that he has taken the essential steps to guarantee continuity of teaching in all the subjects concerned’. Thus, this judgement becomes a precedent which may affect future judicial decisions in akin cases.
What does this conviction mean for schools and students?
This groundbreaking conviction poses fresh challenges for schools. Educational institutions will gotta take even more care to guarantee continuity of teaching, even in the absence of teachers. For students, this is simply a signal that their right to education is protected, and school negligence can have serious financial consequences.
Can akin matters happen in another countries? It's only a substance of time. In a time of increasing expectations of the quality of education, this judgement can become an inspiration for parents and students around the world.
Summary
The French court has set a clear line: the absence of teachers cannot be without consequences. advanced school students received compensation for lost schoolroom hours, which is an crucial precedent in the field of education law. This case shows that education is not only an obligation, but besides a law that must be respected.
Continued here:
New precedent in France: Student receives compensation for absence of teachers
