Décision de justice

2021 Baccalaureate: the Conseil d'État orders the introduction of a test for students in public schools that have chosen the "Languages and Cultures of Antiquity" option

With the 2021 baccalaureate approaching, the Civitas association urgently appealed to the Conseil d'Etat to request the introduction of a test in Languages and Cultures of Antiquity for final-year students in private schools without a contract. During the urgent applications hearing, it became clear that at present, only pupils from public and private schools under contract are assessed for this optional course and that they benefit from a bonus scheme, with additional points for any mark above 10/20. As this difference in treatment between baccalaureate candidates does not seem justified, the Conseil d'État urgently ordered the French Ministry of Education, Youth and Sport to organise an assessment of the Languages and Cultures of Antiquity option for students in non-contracted high schools for the 2021 baccalaureate.

The decree of 16 July 2018, which organises the assessment of courses taught in non-contracted public schools within the framework of the baccalaureate, does not provide for assessment procedures for optional courses, and in particular for the Languages and Cultures of Antiquity option.
 
After unsuccessfully requesting the French Ministry of Education to arrange a test to assess the pupils of public schools outside the contractual framework who had chosen this option, the Civitas association referred the matter to the Conseil d'Etat's urgent applications judge.
 
The urgent applications judge noted that at present, only candidates for the baccalaureate from public schools and public schools under contract are assessed for this optional course.  Moreover, they benefit from a bonus scheme that allows them to multiply by 3 the points obtained for any mark above 10/20. 
 
Given the purpose of this bonus, which is intended to encourage pupils to take this optional course up to the final year of secondary school, the urgent applications judge found that the difference in treatment to the detriment of pupils in non-contractual private education did not comply with the principle of equality.
 
As the tests the 2021 baccalaureate session are near, the urgent applications judge urgently ordered the French of Education to organise the assessment of students from public schools that have chosen the Languages and Cultures of Antiquity option for the 2021 baccalaureate.




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