ADMISSIONS POLICY

1. WHO DECIDES ON ADMISSION OF LEARNERS?

The Admission Policy for Ordinary Schools says:

The admission policy of a public school is determined by the governing body of the school in terms of section 5(5) of the South African Schools Act, 1996. The policy must be consistent with the Constitution of the Republic of South Africa, 1996 (No. 108 of 1996), the South African Schools Act, 1996 and applicable provincial law.

2. DOES A LEARNER HAVE TO BRING ANY DOCUMENT PROVING THAT HE OR SHE WILL BE ABLE TO PAY FEES?
3. Some schools have been asking learners to bring a copy of their parents’ water and electricity accounts. These learners have been told that the schools cannot afford to admit learners whose parents were not good at paying bills. This is unlawful.

Section 5 (3) of South African Schools Act (SASA) says:

No learner may be refused admission to a public school on the grounds that his/her parent/ care-giver is unable to pay, or has not paid, school fees that have been lawfully determined. Section 10 of SASA says:

No learner may be refused admission to a public school on the grounds that his/her parents/

caregiver is unable to pay, or has not paid, school fees.

3. CAN A SCHOOL REFUSE TO ADMIT A LEARNER BECAUSE HE OR SHE IS LATE IN REGISTERING?
4. Early registration is advisable but not legally binding. The registration process is there to enable schools to plan properly and so that there is not chaos on the first day of term or the first day of the new school year. Registration should not be used to exclude learners from school.

Section 5 of the Admission Policy for Ordinary Schools says:

The Head of Department must determine a process of registration for admission to public schools in order to enable the admission of learners to take place in a timely and an efficient manner. The Head of Department and the school governing bodies should encourage parents to apply for the admission of their children before the end of the preceding school year.

4. CAN A LEARNER BE ADMITTED TO SCHOOL BUT REFUSED ADMISSION TO CERTAIN FACILITIES, CLASSES OR ACTIVITIES OF THE SCHOOL?
5. This is unfair discrimination. The Department of Education has said that unfair discrimination includes treating learners whose parents have not paid school fees less favourably than those whose parents have paid.

Section 5 (1) of SASA says:

A school must serve its learners’ educational interests without unfairly discriminating in any way.

Exclusion from certain school activities or being made to sit on the floor instead of at a desk is illegal.

Section 10 of the Admissions Policy for Ordinary Schools says:

A learner is admitted to the total school programme and may not be suspended from classes, denied access to cultural, sporting or social activities of the school, denied a school report or transfer certificates, or otherwise victimised on the grounds that his/her parent/care-giver is unable to pay, or has not paid, the required fees.

SCHOOL FEES

5. CAN A PUBLIC SCHOOL CHARGE SCHOOLS FEES?

Yes. A school is entitled to charge school fees.

BUT IN ORDER FOR THE SCHOOL FEES TO BE LEGAL (sections 38, 39, 40 and 41 of SASA; Exemption Regulations Sections 3, 4, and 5):

• It must call a general meeting of PARENTS/CAREGIVERS and provide a 30 day notice

• Parents must be asked if school fees should be charged and if they agree, then the amount of school fees must be set by the PARENTS.
• All the parents/caregivers must be notified in writing of the amount of school fees payable.

• School MUST inform ALL the parents/caregivers that even if they have decided to the agreed school fees, they still have the RIGHT to apply and be allowed not to pay the school fees if they cannot afford to pay the fees.

6. CAN A PUBLIC SCHOOL SUE A PARENT FOR OUTSTANDING SCHOOL FEES?

Yes. A school can sue parents/caregivers for outstanding school fees. But if a school does this, it

CANNOT deny the learner concerned access to the school or any of the school’s facilities.

In addition, for the school to be able sue parents/caregivers for outstanding school fees it must show that the school fees were decided according to the procedure laid out in point 5 above. Most important, the school must show that it has informed all parent(s) or caregiver(s) about their right to apply for a school fees exemption (i.e. the right not to pay school fees) and that parent(s) or caregiver(s) failed to apply (This is set out in Sections 40 & 41 of SASA).

Information in this Pamphlet is extracted from Education Rights Project (ERP) booklets. Contact Sarah or Brian on 011-717-3076 for more information.