Objectives of the BELA Bill:

  • Amend Definitions: Update and insert definitions in the South African Schools Act, 1996.
  • Compulsory Grade R: Make attendance of Grade R compulsory.
  • Penalty Provisions: Amend penalties for preventing a learner from attending school and create offenses for disrupting educational activities.
  • Authority of Head of Department: Enhance the authority of the Head of Department regarding learner admissions to public schools.
  • South African Sign Language: Recognize South African Sign Language as an official language for learning at public schools.
  • Language of Instruction: Allow the Head of Department to direct schools to adopt multiple languages of instruction and ensure necessary resources are provided.
  • Curriculum and Assessment Advisors: Authorize the Minister to appoint advisors for curriculum and assessment-related matters.
  • Code of Conduct: Ensure the code of conduct at public schools respects diverse cultural beliefs, religious observances, and medical circumstances, and include an exemption clause.
  • Drug Provisions: Refine provisions regarding drug possession on school premises or during school activities.
  • Suspension and Expulsion: Refine provisions related to suspension and expulsion for misconduct.
  • Prohibit Corporal Punishment: Ban corporal punishment at schools, during school activities, and at hostels.
  • Prohibit Initiation Practices: Ban initiation practices during school activities.
  • Specialised Schools: Designate public schools with a specialized focus on talent.
  • Merging of Public Schools: Regulate the merger of public schools.
  • Centralised Procurement: Centralize procurement of learning and teaching support material for public schools.
  • Governing Body Functions: Regulate the withdrawal of governing body functions and clarify the Minister’s role in governing bodies of special education schools.
  • Governance and Conflict of Interest: Require governing body members to declare conflicts of interest and prevent their remuneration.
  • Closure of Public Schools: Extend and refine provisions related to the closure of public schools.
  • Lease Agreements: Regulate lease agreements for school property.
  • Financial Regulations: Further regulate school budgets, financial record-keeping, and financial reporting.
  • Independent Schools: Increase penalties for unregistered independent schools and regulate subsidies for independent schools.
  • Home Education: Further regulate home education.
  • False Information: Create offenses for providing false or misleading information when applying for learner admission or fee exemptions.
  • Dispute Resolution: Provide mechanisms for resolving disputes between school governing bodies and education authorities.
  • Liability of the State: Further regulate the liability of the State for damages.
  • Regulation Making Powers: Extend the Minister’s power to make regulations and create offenses in the regulations.

These objectives aim to improve the quality and governance of education, ensure compliance with educational standards, and address various administrative and operational aspects within the education system.

Home Education Provisions in the BELA Bill:

  1. Application for Home Education Registration
    • Parents must apply to the Head of Department to register their learner for home education.
  2. Approval and Registration
    • The Head of Department must approve the application if:
      • Home education is in the learner’s best interests.
      • The parent understands home education and accepts full responsibility.
      • The home education program is suitable for the learner’s age, grade level, and ability, and comparable to the national curriculum.
    • The parent undertakes to:
      • Provide suitable educational resources.
      • Monitor the learner’s academic progress.
      • Arrange for assessments by a competent assessor at the end of each phase until the learner is 15 or completes grade 9.
      • Submit assessment reports to the Head of Department.
  3. Pre-Registration Consultation
    • The Head of Department may require a pre-registration consultation to verify application information and provide support.
  4. Declining Registration
    • The Head of Department must decline registration if the requirements are not met or if home education is not in the learner’s best interests.
  5. Existing Home Education
    • Parents must apply for registration within 30 days if their learner is already being home-schooled when the section commences.
  6. Deemed Approval
    • If the Head of Department does not respond within 60 days, the application is deemed approved, provided proof of application can be shown.
  7. Exemption from School Attendance
    • Registered home education learners are exempted from compulsory school attendance.
  8. Notification of Continued Home Education
    • Parents must notify the Head of Department at the end of each phase (Foundation Phase: grades R-3, Intermediate Phase: grades 4-6, Senior Phase: grades 7-9) if they intend to continue home education.
  9. Home Education Beyond Grade 9
    • Parents are not required to apply for registration or notify the Head of Department if they continue home education after the learner turns 15 or completes grade 9.
  10. Enrollment in Public or Independent Schools
    • After grade 9 or age 15, learners can enroll in public or independent schools for grades 10-12.
  11. National Senior Certificate Examination
    • Parents must ensure compliance with the National Senior Certificate requirements if they want the learner to take the exam.
  12. Cancellation of Registration
    • The Head of Department must cancel registration if home education is no longer in the learner’s best interests.
  13. Procedure Before Declining or Cancelling Registration
    • The Head of Department must:
      • Inform the parent in writing and provide reasons.
      • Give the parent an opportunity to make representations.
      • Consider the representations.
      • Provide written reasons for the decision.
  14. Appeals
    • Parents can appeal to the Member of the Executive Council within 30 days if:
      • Registration is declined.
      • Registration is cancelled.
      • Any decision regarding home education is considered unreasonable.
  15. Decision on Appeals
    • The Member of the Executive Council must decide on appeals within 30 days and inform the parent of the outcome in writing.
  16. Regulations by the Minister
    • The Minister may make regulations relating to the registration and administration of home education.