The Schools Act South Africa: The Learners (Admission to Public Schools…
The Schools Act South Africa: The Learners
Parents are responsible for attendance of learners aged seven to 15 from the first day of the school year until the last
The minister is responsible for the compulsory attendance for special educational needs learners.
Members of the Executive Council ensure places at schools for every child in the province
If they are unable to find places for everyone they must take steps to remedy this problem as soon as possible and make an annual report to the Minister on their progress.
If a leaner is not enrolled at a school or does not attend then the Head of Department must
investigate the circumstances
Take appropriate measures to remedy the situation
issue a written notice to the parents or guardian
Subject to this act
A parent without just cause or after written notice fails to comply with subsection 1 is found guilty of an offence and liable to a fine or imprisonment for no more than 6 months
Any other person without just cause or after a written notice fails to comply with subsection 1 is found guilty of an offence and is liable to conviction to a fine or imprisonment for no longer than 6 months.
Exemption from Compulsory Attendance
The Head of Department may exempt or partially or conditionally exempt a learner if it is in the best interests of the learner
Every Head of Department must keep and maintain a register of every child who is exempt.
Admission to Public Schools
Public Schools must admit and serve the education requirements without unfairly discriminating in any way
The Governing Body may not administer any test related to admission of the learner to a public school or direct or authorise the principle of the school or any other person to administer the test.
No learner may be refused admission on the grounds that the parent:
is unable to pay or has not paid the fees determined by the Governing Body
Does not subscribe to the mission statement of the school
Has refused to enter into contract in terms of which the parent waives any claim for damages arising out of education of the learner
Admission age of the learner to a public school to:
Grade R is age four turning five by 30 June of the year of admission
Grade 1 is age five turning six by 30 June of the year of admission
Subject to availability of suitable school places and other educational resources the Head of Department may admit students who are:
Or complies with the criteria the Minister prescribes
Under the age for Grade R and 1
The Minister may by regulation, prescribe:
Criteria for the admission to a public school at a lower age than the admission age, of an underage learner who complies with the criteria
Age requirements for different grades at a public school.
Good cause shown means that:
it can be shown that exceptional circumstances exist which necessitate the admission of an underage learner because admission would be in her or his best interest
the refusal to admit that learner would be severley detrimental to his or her development
Subject to this act and any provincial law, the admission policy of a public school is determined by the governing body of such school
In determining the placement of a learner with special educational needs the Head of Department and principal must take into account the rights and wishes of the parents of the learner
An application for the admission of a learner to a public school must be made to the education department in a manner determined by the Head of Department
If an application in terms of subsection 7 is refused, the Head of Department must inform the parents in writing of such refusal and the reasons therefore
Any learner or parent of the learner who has been refused admission to a public school may appeal against the decision to a Member of the Executive Council
Exemption from Compulsory Attendance
The Head of Department may exempt or partially or conditionally exempt a learnt from compulsory attendance if it is in the best interests of the learner
Every Head of Department must keep and maintain a register of every learner who is exempt from compulsory attendance.