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HOW LEGISLATION & CONSTITUTION CAN BE USED FOR SCHOOL MANAGEMENT? -…
HOW LEGISLATION & CONSTITUTION CAN BE USED FOR SCHOOL MANAGEMENT?
CONSTITUTION
the rules for the running a country can be used to protect the rights of all people- learners, educators, management
BILL OF RIGHTS
can be used to establish equality- equal rights for all learners and all educators
the right to practice religion- can be used to develop policy around culture and religion
Chapter 23- school management can use the labour relations bill to allow employees to join unions like SADTU
management can utilise the bill (24) to produce an environment that is conducive to health and well-being of all- a clean, safe school environment
section 28: Children's rights: management can ensure that children's best interests are reached (Chapter 28)
section 29: EDUCATION- can be used to mange the medium of instruction (29:2)
produce equality policy: gender, race (29:3)
use to set a standard that is comparative to other public schools
SECTION 184- promote human rights; maintain equality and protect their human rights
GENERAL LEGISLATION
The Employment Act can be used to draw up policy for employment; and job requirements for advertised posts. It protects the management, SGB and employees
Can be utilized to ensure that values, rights and dignity is upheld
The Children's Act (2005) can be used by management to protect all school-going children, their needs
EDUCATION LEGISLATION
THE EMPLOYMENT OF EDUCATORS ACT (76 OF 1998)
it can assist management in understanding the protocol of trade unions
Chapter 3 details the promotion, appointment & transfer of educators- management can use it to understanding criteria for promotion
when employing educators, this legislature can be used in determining criteria of applicants
according to Section 8, no educators may transfer unless endorsed by SGB- management must be aware of this
very important information with regards to retirement (Chapter 4) is highlighted- policy with regards to retirement age, etc can be found
discharge of educators (Chaoter 11)- this deals with letting teachers go due to ill-health. policy must be understood
misconduct and incapacity (Chapter 5) deals with how to handle educator issues
inquiry, disciplinary measures, appeals are explained in detail
the South African Council for Educators Act is mentioned-
THE SOUTH AFRICAN COUNCIL FOR EDUCATORS ACT (55 OF 1998)
this will promote professional development of educators (Chapter 28)
SACE can be contacted for issues of misconduct- fines/ penalties will be issued to the charged educator
establishes minimum criteria for registration- management can be aware as to educators become SACE awarded
can assist in the establishment of committees
Established in relation to Labour Act
educators can be auditied
NATIONAL EDUCATION POLICY ACT (27 OF 1996)
it is linked to the Constitution and allows parents to be respected and acknowledged when choosing education for his child
policy can be used to monitor and evaluate school progress
promotes rights of each child (Section 4)
transparency between the department of education and the management and SGB
leads development of Consultative bodies (Section 11)- the department of education works withe the school bodies
THE SOUTH AFRICAN SCHOOLS ACT (84 OF 1996)
will promote financial knowledge and keep the school's finances in order
detailed information about learners' attendance, admission, language, curriculum and punishment can be used to develop school policy for learners
this Act can help in the development of SGB members
A public school's SGG will gain thorough understanding of SGB functions, appointments, voting, withdrawals, reimbursements, election and committee heads
it creates transparency with regards to funds- how management need to spend the monies
applies to independent schools to amplify their management as well
dealing with expropriation