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From kindergarten to high school, school absenteeism concerns an average of 7% of students. And in vocational schools, the figure even reaches 12.6%. If your child does not attend school regularly, can you be held responsible? What are you risking?
A parent can be held responsible for the non-enrollment of a child. Indeed, the child has a right to education which must be ensured by his parents. This falls under the duties of parental authority.
From 3 half-days per month missed without justification, the parents can be summoned by the Director of the establishment. Then from 4 half-days per month, if there is no improvement, they then receive a warning from the academic inspectorate. If the parents do nothing, the latter also informs the president of the general council who will summon them to suggest that they sign a parental responsibility contract. This contract recalls their obligations but also offers support in the event of difficulties. If the parents refuse to sign it or if the facts are repeated, the family allowances can be suspended or even cancelled.
On the other hand, a pupil does not see himself inflicting a zero to a duty which he would have missed during an unjustified absence. The behavior of the student must be distinguished from his work by his teachers.
A criminal penalty
In extreme cases, a criminal sanction can also be imposed on the parents. Indeed, they can be sanctioned for failing to attend school. The file is indeed transmitted to the Public Prosecutor who then seizes the police court. The parents are summoned to be heard during a hearing. If found guilty, they will have to pay a fine of up to 750 euros.
Parents can also, at a higher level, be prosecuted under the “endangerment of minors”, which also covers serious attacks on the education of minors. The Penal Code provides that the failure of the parents of a child to enroll him in an educational establishment, without a valid excuse despite a warning from the academy inspector, is punishable by a penalty of imprisonment of six months and a fine of €7,500.
Société d’Avocats DAMY , Nice, My child skips school, can I be punished? 2022 Update