After the matter was referred to it by a professional union, the Conseil d’État today rejected the petition to annul the decree and order of 4 April 2025 re-establishing needs-based groups for the teaching of French and mathematics in colleges (generally for children aged 11 to 15). On the one hand, it considered that the Prime Minister’s decree, drawing conclusions from an initial annulment by the Conseil d’État, could refer to a decree issued by the Minister of Education on the implementation, under certain conditions, of needs-based groups in colleges, and, on the other hand, that the Government did not commit an obvious error of assessment in deciding to implement this method of organising the teaching of French and mathematics for pupils in 6eme and 5eme.
In a decree dated 15 March 2024, the Minister of Education stipulated that, starting in the 2024 school year, for pupils in 6eme and 5eme grade (2025 for pupils in 4eme and 3eme), French and mathematics would be taught in groups formed according to the needs of the pupils identified by teachers, with the groups of pupils experiencing the most difficulties benefiting from smaller class sizes.
In November 2024, the Conseil d’État overturned this decree, which exceeded the minister's authority (1). In fact, Parliament had given the Prime Minister alone the authority to determine the organisation of education in French colleges. However, to prevent disruption to teaching during the school year, the Conseil d’État specified that the implementation of needs-based groups would remain effective until the end of the 2024-2025 school year.
If the Government wished to continue implementing needs-based groups at the beginning of the next school year, it would be up to the Prime Minister to issue a decree to that effect. On 4 April 2025, a decree was issued to allow the Minister of Education to issue an order providing for lessons for pupils in 6eme and 5eme to be taught in groups separate from their classes for educational purposes. On this basis, an order was also issued to reintroduce the establishment of needs-based groups for the joint teaching of French and mathematics in 6eme and 5eme. A professional union applied to the Conseil d’État to annul this decree and order.
The Conseil d’État today rejected the petition to annul the decree and order of 4 April 2025 re-establishing needs-based groups for teaching French and mathematics in colleges.
On the one hand, it pointed out that, unlike the previous situation, a decree had been specifically issued to allow this form of educational organisation. The Conseil d’État considered that this decree could refer to a ministerial order to specify, within this modified framework, the cases in which needs-based groups could be formed and the procedures for implementing them (within the limits set, i.e. levels of education and educational aims). It concluded that the Prime Minister, in referring to a ministerial order, did not exceed the powers conferred on them by Parliament, and that the Minister of Education, in issuing this order, did not exceed their own powers.
In addition, the judge considered that although difficulties may have been encountered in implementing needs-based groups, as noted in a report by the general inspectorate of education, sport and research in May 2025, the Government's decision to implement this method of organising education in colleges, from among other possible options, did not disclose any manifest error of assessment.
(1) Conseil d'Etat decision of 28 November 2024