Supreme Court (Conseil d’Etat), n° 345434 et 345442 of 20 April 2011
The Supreme Court (‘Conseil d’Etat’) established that, by virtue of the general duty enshrined in Article L112-1 of the Code of Education, the State is under the obligation to organise state education and to take and allocate all means and measures necessary to insure the effectiveness of the right to education to disabled children. In this context, when the Departmental Commission for the Rights and Autonomy of Disabled Persons (the local authority competent for support to disabled children) concludes that special needs assistance must be provided outside school hours, the Ministry of Education must carry the financial costs for the special needs assistant.
