Law Falloux

The law Falloux is an old French law on the state education, promulgated the March 15th 1850 under the II {{E}} République. It bears the name of the Minister for the State education, Alfred de Falloux. It approaches all the aspects of education, except for the higher , but is especially known by its provisions on the Liberté of teaching mainly in favor of the catholic .

Adoption of the law

DEBATEs on the freedom of teaching and objectives of the law

The law Falloux falls under the important evolutions of teaching since the Révolution. Education is an important stake of political debates. Indeed, starting from the Revolution, the State is interested more and more in the instruction of youth. However the catholic worry about the diffusion of the thought of the Lumières and the socialist ideas , which they show the school to support. They would prefer that teaching take again the bases and the methods of the Ancien Mode. They thus try to inflect teaching in this direction.

The Restauration had partially satisfied the catholics. This mode had already a little softened the system of monopoly of the imperial University, and especially tended to tolerate the congregations, even not - authorized. In addition, with the larger weight of the bishop S in his authorities, it makes evolve/move the programs in a more religious direction.

The situation changes under the Monarchie of July: the new mode being much less attached to the Catholic religion, teaching is shown less dependant by this one. The Loi Guizot (1833) gives partially satisfaction to the partisans of the Liberté of teaching by authorizing the private individuals to organize elementary schools, it preserves all secondary education and superior under the dependence of the University. Guizot generalizes also the teacher training schools, intended to form the teachers, but that the conservatives show to diffuse the socialist ideas and anticlericals.

After the Revolution of February 1848, Lazare Hippolyte Carnot was named Minister for the State education. Its project, elaborate with the support of a Commission of the scientific studies and arts persons, envisaged obligatory teaching for the children of the two sexes, and a training of the teachers and teachers during three years, with the expenses of the State. If its project proposed the public school, it left a place to free teaching. After the Days of June, Carnot, remained in the Cavaignac ministry, tries to make adopt its project, but, put in minority by the constituent National Assembly, it resigns the July 5th. Its project is put on side.

The debate on teaching begins again with the constituent National Assembly, where sit of many moderate republicans and especially the conservatives of the Parti the Order. It relates to article 9 of the Constitution, devoted to the freedom of teaching. The deputy Charles de Montalembert describes on this occasion the monopoly of the University like a “intellectual Communism” and estimates teaching like “lower than that of the Old Mode”. He asks for the suppression of this article which, according to him, seems to concede the freedom of teaching whereas according to him, it “goes from oneself”. Article 9 is maintained and proclaims that “teaching is free” while adding that “the freedom of teaching is exerted according to the conditions of capacity and morality determined by the laws, and under the monitoring of the State. - This monitoring extends to all the establishments from education and teaching, without any exception. ”

Named with the ministry for the State education, Alfred de Falloux, catholic legitimist of the Left the Order, withdraws officially the project of Carnot the January 4th 1849 and dissolves the Commission of the scientific studies and arts persons.

Preparation and vote of the law

Falloux creates in its turn two commissions, one on primary school education, the other on the secondary, which amalgamate as of on January 6th. Composed of various personalities but mainly catholic engaged, it must prepare a new law implementing the freedom of teaching envisaged by the Constitution. If the organization of primary school education is rather easily adopted, that of the secondary causes more debates, because part of the commission estimates that the pupils of the secondary do not need to be secured against socialism. The bill is finally presented to the Assemblée the June 18th 1849. Alfred de Falloux resigns of the ministry the September 7th but its project is taken into account by its successor Felix Esquirou de Parieu. Meanwhile, it appears urgent to envisage a framework for better controlling the teachers, who complain their treatments relatively low and could obstruct the government the day before new elections. The bill general on the instruction is thus temporarily forsaken with the profit of a text intended to simplify the suspension and the revocation of the teachers, text which is adopted in urgency the January 11th 1850 under the name of “small law on the instruction” or of law Parieu.
The bill comes under discussion the January 14th. It is discussed important, during which Victor Hugo, however elected with the party of the Order, is pointed out by criticizing the influence of the clergy highly, that it considers excessive. In accordance with article 41 of the Constitution, the law undergoes three readings, the January 19th and February 26th, then on March 15th, dates to which it is finally adopted by 399 votes against 237.

Political tendencies

Administrative organization

The law Falloux creates a academy by department. It in addition reorganizes the Superior council of the state education and the councils of academy. In particular, it grants a broad place to the representatives of the various worships, in particular of the catholic worship, represented by four bishop S and an ecclesiastic at the Superior council of the state education.

Operation of primary and secondary education

With this law, the secondary primary school education and is from now on divided between the Public education, managed by the common , the departments and the State, and the private education, said “free”, whose establishments are managed by private individuals, association S or congregations.

In fact, even if she does not say it officially, the law especially aims at authorizing catholic teaching, in the elementary schools and the secondary schools. It gives a great part to the Catholic church in the organization of teaching: the bishops sit of right to the council of academy, the school is supervised by the priest jointly with the mayor. A simple report/ratio of the mayor or the priest can make it possible the bishop to transfer a teacher to his own way.

The law Falloux also lays down the objective of an elementary school of girls in each commune of more than 800 inhabitants.

School programs

The law also fixes the program of the elementary school. This one divides between an obligatory program and a program left with the appreciation of the teacher:

the obligatory program includes/understands:

the training of the reading;
the training of the writing;
the training of the rudiments of calculation;
a moral and religious education;
for the girls only, the “needlework”;

the optional program includes/understands:

history;
the natural science;
song;
the gymnastics;
the drawing.

The law Falloux today

The law Falloux is formally repealed today, however, some of these articles were included in the Code of education. They are especially the articles concerning private education, which fix as follows:

conditions of opening of private establishments of teaching;
the control exerted on these establishments;
the discipline of the Masters of private education;
the contentious competence of the councils of academy;
limits with the financing of private establishments by the territorial collectivities.

However, the provisions on administrative control and the discipline of the Masters are only partially applicable to the teaching called “under contract” and hardly relate to but the teaching called “except contract”.

References

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