While the courts have recognized the responsibility of the State in the failure to replace teachers, the lawyer for the #OnVeutDesProfs collective believes that the harm caused to students has been recognized.
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“It’s a victory in the sense that the state’s fault is well confirmed,” rejoiced Wednesday April 10 on franceinfo Joyce Pitcher, lawyer at the Paris bar, representing the collective #OnVeutDesProfs and three of the applicants who obtained compensation. The State was condemned by the administrative court of Cergy-Pontoise this Wednesday, for teaching hours lost by students due to lack of replacement teachers.
This new conviction by the courts is part of case law from the Council of State dating from 1988. “We will continue our efforts to try to change this case law, in particular on compensation for the parents’ harm which was excluded in the decisions”assures Joyce Pitcher. “We will continue our efforts on this and also on the amount of compensation granted to the student”. The State was ordered to pay 150 euros to the families for the damage suffered.
340 requests in 20 academies
“Often they [les rectorats] point out the lack of teacher pools to find replacements”but “this obviously cannot be a justification”And “moreover, all the arguments put forward by the rectorate of the Versailles academy were considered inadmissible by the court”adds the lawyer. “The Cergy administrative court tells us: this is de facto damage. There is no replacement of teachers, and therefore this leads, in fact, to harm for the children”she rejoices.
According to the #OnVeutDesProfs collective, founded two years ago, this action involves more than 340 requests in 20 academies. “Cases are being argued all over France”, and there is “more and more requests”assures Joyce Pitcher.
