AESH contract renewal: know your rights, defend them!

From June 2014, the contract must be renewed by CDI at the end of 6 years of CDD. As of June 2019, the Education Code provides in this article L917-1 that staff contracts with students with disabilities (AESH) are established for three years.

The first three-year fixed-term contract established on September 1, 2019 will end on August 31, 2022. Nationwide, thousands of partners will be affected by their renewal.

On this page, SUD Education examines these (not) conditions of change and the actions to be considered.

Public employers can do nothing!

The conditions for changing the contract of civil servants are not framed in sufficiently strict guarantees; employers, DSDEN or heads of institutions for AESH, thus have too much latitude to arbitrarily decide not to renew a contract.

However, as with any arbitrary situation, there are a few levers that make it possible to not completely neglect things:

    • you have less than 6 years of seniority, your contract must be renewed to a fixed-term contract; the notice period that must be respected by the employer is 2 months;

    • you have 6 years of seniority, your contract must be renewed to a permanent contract; the notice period that must be respected by the employer is 3 months.

To calculate your seniority, you must consider all of your contracts, including if there is a disruption of less than 4 months between the two contracts. The period is calculated from the date of termination of the contract.

If your contract is proposed for change, you have 8 days to know your decision.

I am You have more than 3 years of seniority but less than 6 years (because before the three -year CDD you already have a 1 or 2 -year contract): you need to sign the three -year CDD, even if before the term you need a CDIsé. In this case, an amendment will be established on the date of the 6th anniversary of the CDD to convert it to the CDI.

  • interview before non-renewal: an interview prior to non-renewal than mandatory. This should be different from a professional interview (circular related to the reform of decree 86-83 of 20-10-2016). You must be called for this interview in writing and have the possibility to be accompanied by a union representative. It is a hierarchical superior who must conduct this interview (PIAL pilot, IEN, head of establishment).

  • reason for non-renewal: if the decision not to change does not need to be “formally justified”, it needs to be justified by “service interest” or “the agent’s professional deficiency”, and it remains to be proven! Tactile and material constructed elements should motivate the decision. Circular No. 2019-090 of the 5-6-2019 management framework specifies 2.3 of these “In the event of a dispute, any non-change based on a factor unrelated to the interest of the service shall be deemed by the administrative judge to have been dismissed as an error of law”.

In the event of non-renewal, what do we do?

The first of the solutions to consider to establish a balance of power to get the change in your contract is to seek unity within the school or establishment, with other staff. Don’t be left alone, share your situation with those around you, if possible before you are notified of the decision.

If you think your non-renewal has not yet met the rules or you want to fight it, contact the SUD education union in your department as soon as possible to get advice and organize a response. Although it is complicated to gain satisfaction, we have already won wars and it is important not to remain unresponsive in the face of the arbitrariness of the bosses. Many types of legal recourse can be considered depending on the situation.


I am If you do not want to renew your contract, no one obliges you to report it in writing, contrary to the DSDEN requirement. If you wish to claim the return to work allowance, we advise not to leave any written trace of a denial on your part to renew your contract and claim your employer’s certificate when it expires. your contract. and your Pôle Emploi certificate.

I am There may not be a time to test if there is a change in CDD.

I am If there is a problem, contact the SUD education union in your department.

SUD Education claims for AESH:
  • a civil service status by creating a new profession of specialist school teacher;

  • +400 euros for the minimum wage and the recognition of full-time 24-hour support for AESH; allocation of REP/REP+ allowance;

  • way for inclusive schooling, the abandonment of PIAL and the logic of pooling;

  • resources for an ambitious introduction and ongoing training policy; the creation of replacement brigades.

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