The preamble to the French Constitution states that "the organisation of free, compulsory, secular public education at all levels is a duty of the State". The French education system is based on key principles inspired by the Revolution of 1789, supplemented and clarified by a series of legislative texts drafted from the 19th century to the present day.

It is guaranteed by Article Section 151-1 of the Education Code and notably permits the opening of private educational establishments in Article Section 441-1.

Article L442-1 of the Education Code defines the obligations governing the relationship between the State and private institutions under contract. In return for the contract signed with the State, private institutions receive its support but are subject to its control and must comply with public education programmes. Only the State awards diplomas and university degrees. Examinations are regulated at the national level. The public education system enrols 83% of all pupils, while private institutions enrol 17%. A small number of pupils are enrolled in private education outside the contract system.

Free education is only guaranteed for public education. It is guaranteed by Article Section 132-1 for elementary education and by section Section 132-2 for secondary education. 

The provision of textbooks is the responsibility of the State in secondary education, in accordance with Article Section 211-8 of the Education Code. In primary education, the latter is not legally the responsibility of either the State or local councils, even though in practice the latter provide it in almost all cases (Section L212-5).

Public education is neutral: philosophical and political neutrality is required of teachers and pupils. The principle of neutrality in public service is a corollary of the principle of equality before the law enshrined in the Declaration of the Rights of Man and of the Citizen. Under the terms of Article VI, as the law is the expression of the general will, "it must be the same for all, whether it protects or punishes". The public education service must serve the general interest and fulfil the tasks assigned to it while respecting the principle of neutrality in all its dimensions: political neutrality, religious neutrality and commercial neutrality.

Brief historical overview of the establishment of secular public education (Articles L 141-1 to L 141-6).

The principle of secularism in religious matters has been fundamental to the French education system since the end of the 19th century. Public education has been secular since the Jules Ferry Law (named after the Minister of Public Instruction from 1879 to 1883) of 28 March 1882. Staff have been secular since the law of 30 October 1886. Respect for the beliefs of pupils and their parents means that there is no religious instruction in the curriculum, proselytism is prohibited and staff are secular. 

Religious freedom had led to the establishment of one day off per week, allowing time for religious instruction outside of school. The absence of religious instruction in secular schools does not mean the absence of teaching about religion, the latter is part of the common core of knowledge, skills and culture. It is taught in subjects such as history, art history, music education, visual arts and philosophy.

Differences between laïcity and secularism

French laïcity should not be confused with Anglo-Saxon secularism. These are two distinct approaches to managing religion in modern societies.

Laïcity is characterised by an approach focused on the strict neutrality of public institutions, which excludes all religious expression in public spaces in order to guarantee equal treatment and freedom of conscience. It is based on an institutional separation between public authorities and religious organisations, while strictly regulating religious expression in the public sphere in order to preserve social cohesion and public order.

Secularism, on the other hand, adopts a perspective of inclusive neutrality, whereby the state does not favour any religion but allows, and even facilitates, the expression of religious beliefs in the public sphere, provided that this does not infringe on the rights of others. This approach favours reasonable accommodation and positive religious freedom, allowing for adjustments to be made for religious practices in public institutions, provided that they respect democratic principles and fundamental rights.

The fundamental distinction therefore lies in the degree of regulation of religious expression: laïcity imposes absolute neutrality, while secularism tolerates regulated religious expression, in the interests of pluralism and individual freedom.

Laïcity charter

The Law No. 2013-595 of 8 July 2013 on guidelines and planning for the reform of the education system reaffirms the importance of the role of schools in transmitting the values of the French Republic. In September 2013, the government published a "charter of secularism" which sets out, in fifteen articles, the meaning and implications of the principle of secularism in schools. The aim is to provide educational support to the entire educational community (inspectors, school principals, teachers, other staff) in order to help pupils understand the positive value of secularism, which guarantees both individual freedoms and the common values of society. The charter of secularism must be displayed in all schools "in such a way as to be visible to all" (Circular No. 2013-144 of 6 September 2013).

1. France is an indivisible, secular, democratic and social Republic. It ensures equality before the law for all citizens throughout its territory. It respects all beliefs.

2. The secular Republic organises the separation of religion and the State. The State is neutral with regard to religious or spiritual beliefs. There is no State religion.

3. Secularism guarantees freedom of conscience for all. Everyone is free to believe or not to believe. It allows for the free expression of one's beliefs, while respecting those of others and within the limits of public order.

4. Secularism enables the exercise of citizenship by reconciling individual freedom with equality and fraternity for all in the interests of the common good.

5. La République assure dans les établissements scolaires le respect de chacun de ces principes.

6. Secularism in schools provides pupils with the conditions they need to develop their personalities, exercise their free will and learn about citizenship. It protects them from proselytism and pressure that would prevent them from making their own choices.

7. Secularism ensures that pupils have access to a common and shared culture.

8. Secularism allows pupils to exercise their freedom of expression within the limits of the proper functioning of the school and respect for republican values and pluralism of beliefs.

9. Secularism implies the rejection of all forms of violence and discrimination, guarantees equality between girls and boys, and is based on a culture of respect and understanding for others.

10. It is the responsibility of all staff to convey to pupils the meaning and value of secularism, as well as the other fundamental principles of the Republic. They shall ensure that these principles are applied within the school environment. It is their responsibility to bring this charter to the attention of pupils' parents.

11. Staff members have a duty of strict neutrality: they must not express their political or religious beliefs in the performance of their duties.

12. Teaching is secular. In order to guarantee pupils the most objective possible exposure to diverse world views and to the breadth and accuracy of knowledge, no subject is a priori excluded from scientific and educational inquiry. No pupil may invoke religious or political beliefs to challenge a teacher's right to cover a topic in the curriculum.

13. No one may invoke their religious affiliation to refuse to comply with the rules applicable in the School of the Republic.

14. In public schools, the rules governing the use of different spaces, as specified in the internal regulations, respect secularism. The wearing of symbols or clothing by which pupils ostensibly demonstrate their religious affiliation is prohibited.

15. Through their reflections and activities, pupils contribute to bringing secularism to life within their school.

According to the Education Code, "Education is compulsory for every child from the age of three to the age of sixteen." (Art.  Section 131-1). The latter must primarily be provided by educational institutions (Art. Section 131-1-1), however, the family has the option of providing for the children's education itself (with prior notification) (Art. Section 131-2).

Since 2020, compulsory education has been supplemented by compulsory training until the age of 18 by the decree of 5 August 2020This obligation aims to ensure that all young people, even those over the age of 16, receive support in returning to school, accessing qualifications or employment, in order to prevent them from dropping out of school and to promote their professional and social integration.

Public education service contribute to equal opportunities and must enable everyone to develop their personality, raise their level of initial and continuing education, integrate into social and professional life, and exercise their citizenship.

School education promotes children's development, enables them to acquire culture, prepares them for working life and for exercising their responsibilities as human beings and citizens. It forms the basis of lifelong learning. The Nation establishes, in Article Section 111-1 of the Education Code, as the primary mission of schools, in addition to imparting knowledge, is to "share the values of the Republic with pupils". Compulsory schooling must guarantee at least "the necessary means for each pupil to acquire a common foundation consisting of a set of knowledge and skills that are essential for successfully completing their schooling and building their personal and professional future".