Laurent REBOURS
Published on
The Council of State, in a ruling from February 2026 that has just been made public, has definitively rejected the appeal of a contract music teacher from Loiret who was seeking her regularization by the municipality. As a result, she was seeking the payment of over 10,000 euros corresponding to compensation for the loss of her salary.
In addition to her permanent contract, five hours of artistic teaching
L. XXX was hired in 1997 by a Loiret municipality as a contractual agent on a part-time position as a territorial assistant for artistic teaching. Starting from September 2012, she was then employed on a permanent basis with a fixed salary based on the 4th level index of the primary class assistant artistic teaching grade and a work rate of 8.5 hours per week.
In parallel, since 2005, she has also been working for another municipality in the department on a five-hour weekly basis as an assistant for artistic teaching. In May 2015, she was regularized in the role of assistant for artistic teaching and was later, on October 1, 2020, reassigned to the 2nd class assistant artistic teaching grade at the 10th level by the municipality.
The teacher requests immediate integration into territorial assistants
She had approached the mayor of her first affiliated municipality with a request for her direct integration into the framework of territorial assistants for artistic teaching positions and for a compensation of 9,980 euros to cover the salary loss based on the higher indices applicable to her as a permanent employee.
A law from January 26, 1984 – which was in effect until March 1, 2022 – stated :
Employees under permanent part-time positions who are working for one or more municipalities (…) for a period equal to or greater than half of the legal duration of full-time territorial employees, shall be integrated into the employment framework.
Her appeals rejected in first instance and on appeal
However, on June 17, 2021, the mayor rejected her request. The music teacher then turned to the courts. Yet, it is not proven that [L. XXX, editor’s note] was employed for a period equal to or greater than half the legal working hours of full-time territorial employees.
The legal texts she invoked, “do not, in this case, apply to her”, as successively ruled by the administrative tribunal of Orleans on December 19, 2023, and the Versailles administrative court of appeal on May 6, 2025.
In these circumstances, “the municipality was not obliged to integrate her into the territorial assistant artistic teaching positions in accordance with the provisions of Article 108 of the law of January 26, 1984”, decided the judges.
“An error in law” for the teacher
Believing that “the Versailles administrative court of appeal made an error in law”, the teacher then appealed to the Council of State. According to her, the court in Versailles should not have applied the “law of January 26, 1984” to her situation as she was employed as a contractual agent by the municipality where she requested integration into the framework of territorial assistants for artistic teaching positions.
However, “this argument is not sufficient to warrant the acceptance of the appeal”, dismissed the high jurisdiction in a ruling dated February 4, 2026, which has just been made public. According to the law, if the appeal is “inadmissible or based on no serious grounds”, the magistrates have definitively rejected the teacher’s request.
M.J. and C.B. (PressPepper for Orléans news)
Personalize your news by adding your favorite cities and media with My News.
