quill.gif (3183 bytes) Daubigney v. Collège des Rousses, Arrêt rendu par Tribunal administratif de Besançon, 29 mars 2001 (publication : Recueil Dalloz 2001 Informations rapides p. 1283)

Facts: The applicant was the parent of a student at the Collège des Rousses, a French public high school. The school made the use of a "book of correspondence" and the practice of a sportive activity mandatory. The book of correspondence was used by professors and parents to communicate by letters and messages and was considered as achieving an educational purpose. The school imposed the cost of that book (50 Francs) on the parents. Moreover, the students could choose alpine skiing as sportive activity, which would validate a mandatory credit for their graduation. However the parents had to pay for the pass to the mountains. If the family could afford paying the pass the student would be assigned to the practice of race skiing instead of alpine skiing. The applicant claimed that the school violated the principle of access to free education in France.

Holding: the Tribunal administrative ruled in favor of the plaintiff and found a violation of the principle of access to free education in France enshrined in the Preamble of the French Constitution and in the Law n° 75-620 of July 11, 1975

Reasoning: the book of correspondence as well as the practice of alpine skiing were part of mandatory activities at the school. Imposing their cost on the parents was contrary to the principle of free French education in high schools.

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