Pretoria, South Africa – Significant changes are on the horizon for South African schools, parents, and learners with the introduction of the Basic Education Laws Amendment Bill, 2021 (BELA Bill). This comprehensive bill aims to update and refine existing education legislation, bringing about reforms that touch on everything from compulsory schooling age to governing body responsibilities and even the presence of liquor on school premises.
Here's a breakdown of the key amendments proposed by the BELA Bill, explained in simple terms:
Early Childhood Education Becomes Mandatory
One of the most impactful changes is making Grade R compulsory. Currently, many children start formal schooling later, but the Bill will require all learners to attend Grade R, starting from the first school day of the year they turn six. There's a specific provision that if a learner turns six after June 30th, they must start Grade R the following year. This move underscores a commitment to early childhood development and ensuring a solid foundation for all learners.
The Bill also adjusts the age for compulsory school attendance, stating that learners must not leave school until the last school day of the year they reach 15 years of age or complete Grade 9, whichever comes first.
Stricter Rules for School Attendance and Consequences for Non-Compliance
To enforce compulsory attendance, the Bill increases penalties for parents or others who prevent a child from attending school without a valid reason. The maximum imprisonment period for such an offence will increase from six to 12 months, or a fine, or both. Furthermore, anyone who unlawfully disrupts or hinders school activities could face a fine or imprisonment for up to 12 months.
Schools themselves will have a clearer role in monitoring attendance:
- Educators, principals, and governing bodies are responsible for promoting and monitoring learner attendance.
- School codes of conduct must include rules for punctuality and regular attendance.
- If a learner is absent for three consecutive school days without a valid reason, the class teacher must report it to the principal.
- The principal then has 24 hours to investigate, contact the parent, and report to the governing body for further action.
Government Takes More Control Over Admissions and Language Policies
The Bill significantly enhances the authority of the Head of Department (HOD) over public school admission and language policies, moving away from governing bodies having the sole final say.
- Admission Policies: While governing bodies still determine the admission policy, they must submit it to the HOD for approval. The HOD has the final authority to admit a learner to a public school, after consulting with the governing body. The HOD will consider factors like the best interests of the child (with an emphasis on equality and equity), accessibility of other schools, available resources, and space. Schools must submit their existing admission policies within 30 days of the Act's commencement. If the HOD doesn't respond within 60 days, the policy is deemed approved.
- Language Policies: Similarly, governing bodies must submit their language policies to the HOD for approval. The HOD will assess the policy based on factors such as the language needs of the broader community, the best interests of the child, the changing number of learners speaking a particular language, and the efficient use of resources.
- Multi-Language Instruction: Crucially, the HOD may direct a public school to adopt more than one language of instruction if it is practicable to do so. If such a directive is issued, the HOD must ensure the school receives the necessary resources, including educators and learning materials, to provide adequate tuition in the additional language(s). Before making such a directive, the HOD must inform the school, governing body, parents, and community, and allow for representations and a public hearing.
- South African Sign Language has been explicitly given the status of an official language for purposes of learning at a public school.
Admission of Learners Without Full Documentation
A vital amendment ensures that no learner will be refused admission to school if their parents, guardians, or caregivers have not provided all the required documents. Instead, the principal must allow the learner to attend school, advise the parent to secure the documents, and alert the Provincial Intergovernmental Committee. A new offence is created for parents who refuse to cooperate in securing these documents, liable to a fine or up to 12 months imprisonment.
To assist with this, both a National and Provincial Intergovernmental Committee will be established to help schools acquire missing required documents for learners. These committees will include representatives from various government departments like Basic Education, Social Development, Home Affairs, Justice, and Health.
New Definitions and Stronger Stance on Discipline
The Bill introduces several new definitions and refines existing disciplinary measures:
- Corporal Punishment: The Bill explicitly states that corporal punishment is abolished, and no person may inflict it on a learner at school, during school activities, or in hostels. A broad definition of "corporal punishment" is included, covering any deliberate act causing pain or physical discomfort, including hitting, kicking, denying meals or shelter, or forced ingestion. Contravention is an offence punishable by a fine or imprisonment.
- Serious Misconduct: The Bill provides a detailed definition of "serious misconduct" for which a learner can be suspended or expelled. This includes physical assault with intent to cause harm, harassment (including via social media), repeated bullying, illegal possession of drugs or liquor, repeated disruption of school programmes, serious transgressions in exams, fraud, theft, possession of dangerous objects, distribution of pornography, or sexual activity on school premises.
- Drugs: The definition of "drug" is expanded to include a wide range of intoxicating or stupefying substances, performance-enhancing drugs, and unlawful substances as per various South African and international legislation. The term "illegal drug" is removed.
- Liquor: While generally prohibited on school premises or during school activities, the Bill provides specific conditions under which liquor may be possessed, sold, or consumed. This can be permitted by the HOD for fundraising or by the governing body (in consultation with HOD) for private/religious functions, staff functions, or staff living on premises. Critically, these activities cannot take place during school hours, and permission must prioritize the best interests of the child, protecting them from exposure to irresponsible liquor consumption.
- Searches and Testing: Principals or delegates can conduct random searches for liquor, dangerous objects, or drugs if there's a fair and reasonable suspicion. They can also administer urine or other non-invasive tests for liquor or drugs on learners suspected of use.
- Code of Conduct: School codes of conduct must now take into account the diverse cultural beliefs, religious observances, and medical circumstances of learners. An exemption clause must be included, allowing learners or parents to apply for exemption from certain provisions for "just cause". Disciplinary proceedings must be age-appropriate and in the best interests of the learner.
Governing Body Powers and Accountability
The BELA Bill also brings significant changes to the functions and accountability of school governing bodies:
- Disclosure of Interests: Governing body members must declare any direct or indirect personal interest they, their family members, close friends, or business partners may have in the recruitment or employment of staff, or in the procurement of goods and services for the school. They must recuse themselves from discussions and decision-making on such matters. Non-compliance can lead to suspension or termination of membership.
- No Remuneration: The Bill reiterates and clarifies that no member of a governing body may be remunerated in any way for their duties or meeting attendance.
- Finance Committee Chair: Where reasonably practicable, only a parent member who is not employed by the school may serve as the chairperson of the finance committee.
- Learner Members: Learners serving on governing bodies will not be able to contract on behalf of the school, vote on resolutions incurring liabilities, or participate in meetings or interview panels related to staff appointments.
- Withdrawal of Functions: The Head of Department may, on reasonable grounds, withdraw one or more functions from a governing body if it fails to perform them. In urgent cases, the HOD can act immediately and provide reasons afterwards. If functions are withdrawn, the HOD must appoint qualified persons to perform them for a period not exceeding one year, with a focus on building the governing body's capacity to resume its duties.
- Dissolution of Governing Bodies: The HOD can dissolve a governing body that has ceased to perform its functions. If dissolved, the HOD appoints suitable persons to perform its functions for up to one year and ensures a new governing body is elected within that year.
Financial Management and Accountability
The Bill tightens financial regulations for public schools:
- School Funds: Governing bodies must administer school funds according to directives issued by the HOD.
- Budget Approval: Parents must be given notice of budget meetings, and the budget and an explanatory document must be available for inspection at least 14 days prior to the meeting. A quorum of 10% of parents is required for these meetings; if not met, a second meeting can be called without a quorum.
- Budget Deviations: If a governing body needs to deviate by 10% or more from an approved budget, or reallocate funds for a different purpose, this must be presented and approved by a general meeting of parents.
- Remuneration of State Employees: Governing bodies can apply to the employer for approval to pay state employees additional remuneration or benefits in kind, but this must be clearly reflected in the school’s budget with a monetary value.
- Financial Records and Reporting: Governing bodies must keep records of all financial transactions and investments. They must draw up annual financial statements within three months of the financial year-end and present them to a general meeting of parents. Quarterly reports on all income and expenditure must be submitted to the HOD.
- HOD's Investigative Powers: The HOD's powers to investigate a school's financial affairs are extended, including authorizing officers, requesting Auditor-General audits, or appointing forensic auditors.
- Fee Exemption: If one parent cannot obtain financial information from the other parent for school fee exemption applications, they can now submit an affidavit or court order as proof.
Changes for Independent Schools and Home Education
- Independent Schools: The penalty for establishing or maintaining an unregistered independent school is increased to a fine or imprisonment not exceeding 12 months. The Member of the Executive Council can now set conditions for granting subsidies to independent schools, and these schools must provide quarterly and annual financial reports related to the subsidy.
- Home Education: The Bill further regulates home education, requiring parents to apply to the HOD for registration of the learner. The HOD must approve if the education is in the learner's best interest, the parent understands their responsibilities, the programme is suitable, and the parent undertakes to provide resources, monitor progress, and arrange for annual assessments by a competent assessor. An HOD official may conduct a pre-registration home education site visit. If the HOD doesn't respond to an application within 60 days, it is deemed approved. Learners registered for home education are exempt from school attendance. Parents must notify the HOD at the end of each phase (Foundation, Intermediate, Senior) if they intend to continue home education. After Grade 9 or age 15, registration is no longer required. There's an appeal process if the HOD declines or cancels registration.
Other Notable Amendments
- Specialised Focus Schools: The Bill provides for the designation of public schools with a specialised focus on talent, including sport, performing arts, or creative arts. Governing bodies of such schools can co-opt relevant experts.
- School Mergers and Closures: The processes for merging and closing public schools are further regulated, including detailed notification requirements for parents and communities, opportunities for representations, and the creation of interim governing bodies during mergers. The HOD can close schools with very low enrollment (135 or fewer for primary schools, 200 or fewer for secondary).
- Centralised Procurement: The HOD, in consultation with the governing body, may centrally procure identified learning and teaching support material for public schools to ensure efficient use of public funds.
- Educator Employment Act Changes: The Bill amends the Employment of Educators Act to exclude further education and training centres and adult basic education centres from its ambit. It also prohibits educators from conducting business with the State or being directors of companies doing so, making contravention an offence punishable by a fine or up to five years imprisonment, and constituting serious misconduct leading to employment termination.
- Dispute Resolution: A formal dispute resolution mechanism is introduced for disagreements between the HOD or Member of the Executive Council and a governing body, involving informal resolution attempts, written notices, and appeals.
- False Information: Providing false or misleading information or forged documents when applying for school admission or fee exemption is now an offence, with penalties up to a fine or 12 months imprisonment.
What This Means for the Future of Education
The BELA Bill represents a significant effort to modernize and strengthen South Africa's basic education system. By making Grade R compulsory, enhancing government oversight on key policies, clarifying disciplinary measures, and improving financial accountability, the Bill aims to ensure a more standardized, equitable, and efficient educational experience for all learners. While empowering the Head of Department, it also introduces mechanisms for parental involvement and dispute resolution, seeking a balanced approach to education governance. These changes, once implemented, will shape the future learning environment across the nation.