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School governing bodies (SGBs)
Admission of learners to schools
School fees
| Discipline in schools
Problem
Checklist
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One of the most important aspects of the South African Schools Act (No 84 of 1996) is the law relating to school governing bodies. At the heart of this is the idea of a partnership between all people with an interest in education. Schools will be improved only through the joint efforts of parents, educators, learners, members of their local communities and various education departments.
The South African Schools Act creates a framework that gives people a far greater role in the governance and development of their schools. for all schools. The Schools Act says that all stakeholders in education must accept responsibility for the organisation of schools, and points out that parents and members of local communities are often in the best position to know what a school really needs and what its problems are. This is the reason for creating a governing body for every public school. The Schools Act gives parents, teachers and high school students the right to form school governing bodies (SGBs) and to make policies around issues such as language, religious instruction, school fees and a code of conduct for learners.
All policies made by governing bodies must be in line with the South African Schools Act and the Constitution. This means governing bodies must make policies which:
There are three groups represented on a governing body:
The number of parents on a governing body must be one more than half of all of the members who may vote. Parents who are employed at a school can only be elected as staff members not as parents onto the governing body.
Each governing body must draw up a constitution that says how it will work. The constitution must fit into the minimum requirements given by the provincial Minister of Education. The constitution must say:
The provincial Minister of Education will publish these details:
Each committee chairperson must be a member of the governing body, but other committee members need not be on the governing body.
Code of conduct for SGBs
The provincial Minister of Education must draw up a code of conduct for the members of the SGB after consultation with associations of governing bodies in each respective province. All members are required to comply with the code of conduct. The code of conduct must include provisions that allow for disciplinary action to be taken against a member of the governing body and that also protect the member who is being disciplined. The Head of Department may suspend or terminate the membership of a governing body member for breaking the code of conduct once proper disciplinary procedures in terms of the code have been followed. A member may appeal to the provincial MEC against a decision of the Head of Department regarding a suspension or termination of membership as a governing body member.
The governing body must:
A governing body must:
In addition, a governing body can be given any of these functions:
The provincial Head of Department must set up a programme to provide training for newly elected governing bodies to help them perform their functions.
The provincial education department can decide to give additional management functions to school governing bodies that function well and have proved themselves capable of improving their schools.
The South African Schools Act identifies two kinds of schools: Section 20 and section 21 schools. Section 21 schools have greater powers and responsibilities than section 21 schools. Section 20 schools receive allocations of textbooks, and stationery from government. They also have their lights and water accounts paid directly by government. When something is broken at the school, the provincial Education Department must send someone from Public Works to do the repairs. Section 21 schools are allocated finances by the department and are responsible for ordering stationery, textbooks, paying water and lights accounts and undertaking their own maintenance. They can also decide what subjects the school can offer and what sports and other extramural activities the learners can take.
To promote responsibility and involvement amongst learners in schools, all high schools must hold elections for LRCs. LRCs offer a useful opportunity for young people to learn about leadership and to understand the relationship between responsibility and authority.
Government policy on school admissions and school fees is guided by three basic principles:
The South African Schools Act says that all children between the ages of 5 and 15 have to go to school. Children can be accepted in Grade R in the year they turn 5 and in Grade One in the year they turn 6. (this applies to both state and private schools). No learner can be refused admission to a school on the basis of their race or religion or their inability to pay school fees.
No learner registering at a State school can be charged a registration fee or asked to pay fees in advance. No learner can be refused entry to a state school because his or her parents have not paid outstanding school fees.
Where possible, learners should have access to a state school within five kilometers of their home. In some provinces the education department assists learners with transport where they live more than five kilometers from school.
The provincial department of education makes regulations guiding admissions. Here are some practical steps that can be taken if a school tells a learner that it is full:
The Admission Policy for Ordinary Schools says that the only documents parents need to show the school when they apply for a learner to be admitted are:
What happens if a child is refused access to a school on grounds of language?
Language cannot be used as a reason to refuse admission to learners. The language policy of the school must reflect that language or languages spoken by the learners and the school must show how it is promoting multilingualism. Government policy is clear on allowing all learners access to state schools. It also supports mother tongue instruction where this is possible. Some communities have successfully solved this matter by entering into negotiations with the school governing body.
When faced with such a problem, paralegals or community workers can begin by finding out how many learners are without a school to attend in the community. They can then request a meeting with the Principal and the school governing body. The local education District Office can also be approached to assist in these negotiations.
The law says that no child can be refused admission to a school because his or her parents cannot afford to pay school fees. It is also illegal for the following to take place in relation to fees:
The law says that the paying of fees is a matter between the SGB and the parent of the learner and not a matter between a learner, educators and/or principals. (See School fees, page...... and Problem 1: Parents cannot afford to pay school fees.)
The ability to pay for school uniforms and books is not a condition for admission to a school. (See ‘No fee’ and ‘Fee-charging’ schools’). Schools are also not allowed to refuse to register learners who cannot pay a registration fee.
The law says that ‘learners with special education needs’ must in most cases have the chance to attend ordinary public schools. The school has to follow a process where the Head of Department (HOD) first consults parents and other educators to see if the learner can be admitted. This might include adapting some of the school’s facilities. If the school feels that they do not have the capacity to admit the learner then the law says the HOD must have the learner admitted at another suitable school in the province. Learners with special needs cannot simply be refused admission. These learners are governed by Sections 22-25 of the Admissions Policy for Ordinary Public Schools.
Every learner has a right to be treated:
Therefore no learner may be discriminated against on grounds of his or her HIV status.
A learner may not be refused admission to a school or expelled from a school because she is pregnant. The school principal and the school community should look at ways to support learners who are pregnant. The school is required to provide pregnant learners with health information.
Public schools are funded by the government and through school fees and/or school fundraising. Laws and regulations governing school fees are as follows:
The government pays most of the teachers’ salaries and bigger building costs, and makes some contribution, per learner, to pay for the equipment and running costs. In 2007, the average amount that government contributed per learner was R554, increasing to R581 per learner in 2008 and R605 per learner in 2009. Over and above the government’s contribution, parents of learners pay school fees that contribute to finance part of a school’s operating expenses. According to South African Schools Act (SASA), the SGB of a school must take all reasonable measures within its means to supplement the resources that are supplied by the government in order to improve the quality of education that is provided to all the learners at the school.
‘No fee’ and ‘Fee-charging’ schools
According to government regulations, public schools in South Africa are now divided into ‘no-fee’ schools and ‘fee-charging” schools. This means that some schools may not charge the parents any fees and will be completely subsidized by the government. Schools are ranked in five categories (called quintiles) for government funding purposes, based on the degree of poverty of the communities they serve. The poorest schools fall into category one, and the wealthiest are in category five. Poorer schools will receive a larger contribution per learner from government while richer schools will get less according to the category they are in. For example, in 2007, the poorest schools in category one should receive a government contribution of R738 per learner while the wealthiest schools would receive R123 per learner.
The category a school belongs to is decided by:
Provincial education departments use national statistics to rank schools from the poorest to the wealthiest.
To summarise: according to the ‘no-fee’ policy, where schools fall into categories 1, 2, or even 3, they are supposed to become ‘no-fee’ schools which means that parents who send their children to these schools do not have to pay any fees, including registration or activity fees, because the government is paying the total cost of running the school. All other schools are ‘fee-charging’ schools. In some cases, the Minister of Education may decide that only learners up to a certain grade, for example, grade 9, will not have to pay school fees. This means that all learners from grades 10 to 12 would have to pay fees.
Where a school is incorrectly categorized it can apply to the Provincial Department of Education (PDE) to be re-categorised.
The Minister of Education is supposed to publish by the 30 September of each year, which schools have been declared ‘no-fee’ schools. To find out whether a school has been declared a ‘no-fee’ school or not, look up on the following website: www.SAGazettes.co.za or www.education.gov.za.
Where schools are categorized as ‘fee-charging’, parents or caregivers can still apply for full or partial exemption from school fees.
Exemption from school fees
Government regulations specify the formula that must be used to calculate whether parents or caregivers qualify for a full or partial exemption. The formula takes into account the number of school-going children supported by a parent or caregiver and provides specific guidelines for calculating the amount of partial exemptions. In terms of these regulations, certain categories of children are automatically exempt from paying fees. These include Child Support Grant beneficiaries and children in foster care. In order to work out whether parents or caregivers qualify for a full or partial exemption, they will need the following information:
When applying for an exemption from school fees, the SGB will apply a certain formula. The formula is used to work out what proportion (or percentage) of the family income would be spent on school fees. If the school fees are 10% of the parent/caregiver’s total income, they will be entitled to a full exemption and will not have to pay school fees.
The formula for working out exemption is as follows:
E (Exemption) = 100 [ F (Annual fees) + A (Additional contributions demanded by the school)]
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[C (Combined gross income of both parents)]
Note: Do this calculation as follows:
If E = 10% (or more than 10%), then the parent qualifies for a full exemption because this means school fees are 10% of his or her income.
Examples
1. Nelisiwe is a domestic worker earning R1500 per month. Her gross income for the year is therefore R18 000. She is a single parent with one child. The annual school fees for her child’s school are R2000 per year. Additional school expenses amount to R100 for the year. Would she qualify for a full exemption in school fees?
E (Exemption) = 100 [ F (Annual fees) + A (Additional contributions demanded by the school)]
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[C (Combined annual gross income of both parents)]
E = 100 [R2000 + R100]
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[R18 000]
E = 100 [R2100]
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[R18 000]
E = 100 x 0.12
E = 12%
Nelisiwe would qualify for a full exemption because the school fees amount to more than 10% of her income.
2. Thabo and Maria earn a total income of R2 500 per month. This means their gross annual income is R30 000. They have a single child who attends a school where the annual school fees are R4 000 with additional costs of R500. Would they qualify for a full exemption in fees?
E (Exemption) = 100 [ F (Annual fees) + A (Additional contributions demanded by the school)]
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[C (Combined annual gross income of both parents)]
E = 100 [R4 000 + R500]
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[R30 000]
E = 100 [R4 500]
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[R30 000]
E = 100 x 0.15
E = 15%
E in this case is greater than 10% which means Thabo and Maria would quality for a full exemption.
Partial exemptions
According to the exemption formula, if the school fees are between 3.5% and 10% of the total income, a parent will qualify for a partial exemption.
Example
Suraj has one child in a school. The annual school fees are R3 000 with additional costs of R150 for the year. Together Suraj and his wife earn an annual gross income of R35 000. Will they qualify for a
E (Exemption) = 100 [ F (Annual fees) + A (Additional contributions demanded by the school)]
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[C (Combined annual gross income of both parents)]
E = 100 [R3 000 + R150]
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[R35 000]
E = 100 [R3 150]
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[R35 000]
E = 100 x 0.09
E = 9%
Suraj and his wife would qualify for a partial exemption because the fees are between 3.5% and 10% of their combined income. In other words, Suraj will have a pay a portion of the fees. To find out how much he will have to pay, look at the Table. According to this Table which is included in the regulations, parents with one child at a school who spend 9% of their joint income on school fees, qualify for a 94% fee exemption.
94% of the joint income of R3 000 = R2 820
R3000 – R2820 = R180
Suraj will therefore have to pay R180 in school fees for their child for the year.
Parents with more than one child at school
According to the exemption formula, if the school fees are 2.5% of a parent’s total annual income, the parent does not qualify for any exemption unless she or he has three or more children at the same school or at another public fee-charging school. If the school fees are 3% of a parent’s total income, the parent does not qualify for any exemption unless she or he has two or more children at the same public school or at another ‘fee-charging’ school.While this sounds very complicated, it is easy to work out by using the example below.
Example
1. Thabiso has 4 children registered in the same school. The joint annual income of Thabiso and her husband is R25 000. The annual school fees for one learner is R1 500 and the additional costs at the school amount to R50 per learner. What exemption in school fees will Thabiso qualify for?
E (Exemption) = 100 [ F (Annual fees) + A (Additional contributions demanded by the school)]
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[C (Combined annual gross income of both parents)]
E = 100 [R1 500 + R50]
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[R25 000]
E = 100 [R1 550]
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[R25 000]
E = 100 x 0.06
E = 6%
The school fees are between 3.5% and 10% of the parent’s total income. The parents will therefore qualify for a partial exemption. What will this exemption be worth to Thabiso? To find this out, look at the Table below. According to the Table, a parent with 4 children attending ‘fee-charging’ schools, who spends at least 6% of the joint family income on school fees, qualifies for an 81% fee exemption.
81% of the school fees of R1 500 = R1 215
R1 500 – R1 215 = R285
Thabiso will therefore have to pay R255 school fees for each of her children.
2. According to the exemption formula you qualify for a 7% exemption from school fees for each of your two children who attend ‘fee-charging’ schools. The fees are R500 per year per child. How much of these fees will you be exempt from paying for each child?
Look along the top horizontal line until you get to ‘2’ learners. Next, look down the vertical line of the table and find ‘7%’. Move your finger along the 7% line until it meets the ‘2’ learners column. This will tell you that you qualify for an exemption of 83% of the school fees.
To calculate how much this is worth to you:
83% of R500 (the cost of school fees per child per year) = R415 per child.
R500 – R415 = R85.
You will have to pay R85 school fees per year per child.
Table for calculating exemptions from school fees
Numbers of learners
Percentage of parent’s income spent on school fees (total annual fees divided by parents annual income) |
1 |
2 |
3 |
4 |
2% |
0% |
0% |
0% |
0% |
2.5% |
0% |
0% |
0% |
14% |
3% |
0% |
7% |
22% |
33% |
3.5% |
7% |
26% |
38% |
47% |
4% |
25% |
40% |
50% |
57% |
4.5% |
39% |
51% |
59% |
65% |
5% |
50% |
60% |
67% |
71% |
5.5% |
59% |
67% |
73% |
77% |
6% |
67% |
73% |
78% |
81% |
6.5% |
73% |
78% |
82% |
85% |
7% |
79% |
83% |
86% |
88% |
7.5% |
83% |
87% |
89% |
90% |
8% |
88% |
90% |
92% |
93% |
8.5% |
91% |
93% |
94% |
95% |
9% |
94% |
96% |
96% |
97% |
9.5% |
97% |
98% |
98% |
98% |
10% |
100% |
100% |
100% |
100% |
How to use the Table Look along the top horizontal line and find the number of children or learners. Next, look down the vertical line and find the percentage that has been worked out according to the exemption formula Move your finger along the percentage line until it meets the horizontal column coming down from the number of learners. The figure in the square is how much the exemption will be worth to the parents. |
No exemptions
If the school fees are 2% of a parent’s total income, the parent does not qualify for any exeption unless she or he five or more children at a ‘fee-chargting’ school. If the school fees are less than 2% a parent does not qualify for any exemption. However, if the financial position of parent changes for example, if a parent become retrenched, and he or she is unable to continue paying the compulsory school fees, then the parent must apply to the SGB to ask for the school fees to be waived until he or she is employed again. It will be up to the SGB to decide whether or not to give the parent an exemption, and if so, what the exemption should be.
Automatic exemptions
The following learners may not be charged any school fees:
Applying for an exemption in fees
To apply for an exemption in fees, the parent must do the following:
Parents/caregivers who qualify for fee exemptions should apply to the SGB every year.
The SGB has 30 days (one month) to consider and decide on an application. The decision must follow what the law says in the Regulations. In considering an application for exemption, the SGB must take into account:
The SGB then has 7 days (one week) to tell the parent/caregiver what it has decided.
Appealing against a decision
If the parent/caregiver is unhappy with the decision she or he has 30 days to appeal against the decision in writing to the head of the Department of Education in the province. A parent should be informed of the decision of the Head of Department within 7 weeks from the date the appeal was first made.
(See Resources for contact details of the provincial heads of Department of Education.)
[Acknowledgements to the Education Law Project (ELP), Centre for Applied Legal Studies (CALS) at www.law.wits.ac.za/cals for the information contained in this section. For further information read their online publication: ‘School fees: Your rights’.]
A SGB must consult with learners, parents and educators to draft a code of conduct for learners. This code of conduct must include the types of behaviours that will be punished, the types of punishments that will be given for different forms of misbehaviour, grievance procedures for learners and parents if they want to take up a matter against another learner or the school and disciplinary procedures that the school will follow if it plans to discipline a learner.
Kinds of punishment
-Corporal punishment - The Act bans corporal punishment such as canings or hidings because section 12 of the Constitution says no one should be punished or treated in a cruel or degrading way. A person who is found guilty of using corporal punishment can be charged with assault. The kinds of punishments that schools can use include a demerit system, detention, picking up rubbish on the playing field and so on. Degrading punishments like cleaning toilets is not allowed.
- Suspending a learner from school - For serious offences that school may suspend a learner for up to one week from school. This can only happen once there has been a fair hearing where the learner has had a chance to put his or her side of the story.
- Expelling a learner from school - If a school feels that the offence which the learner has committed is so serious that he or she should be expelled from the school, the learner can be suspended from the school while the provincial Head of Department decides whether or not to expel the learner. Only the provincial Head of Department can expel a learner from a school. The principal cannot make that decision. If a learner is expelled he or she can appeal against the Head of Department’s decision to the provincial MEC of education. The Head of Department has to make arrangements to place an expelled learner in another public school.
Taking disciplinary action against a learner
Where a learner has been told to appear in a disciplinary hearing for any misconduct identified in the Code of Conduct, he or she must be accompanied by a parent or person designated by the parent at the disciplinary proceedings, unless the SGB can give good reasons for continuing without the parent.
Complaints of sexual harassment or abuse
If a learner complains that he or she has been sexually harassed or abused in any way the following action should be taken. Either the learner and/or the guardian may lay an official complaint with the school management through an interview and in writing. As gender discrimination and sexual harassment and violence are against the law, the school management is obliged to follow the procedures laid down in the Constitution for dealing with grievances of this nature.
David and Naledi have two children at school. David was retrenched and now does casual work at a supermarket where he earns R1 600 per month (R19 200 per year. Naledi cannot find a job. They cannot afford to pay the required school fees for their children. The school has sent David and Naledi a number of reminders about the payment of school fees. The school now sends them threatening letters saying that their children will not be allowed to write the final exams unless the fees are paid. The fees for each child are R1 500 per year.
What does the law say?
The Schools Act says no child can be refused admission from a public school because his or her parents cannot afford to pay school fees. The right to a basic education is also entrenched in the Constitution.
Parents can apply for a full or partial exemption. The formula for calculating exemptions and an explanation is on page .... .
What can you do?
Work out whether the parents qualify for full or partial exemption using the required formula.
E (Exemption) = 100 [ F (Annual fees) + A (Additional contributions demanded by the school)]
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[C (Combined annual gross income of both parents)]
E = 100 [R1 500]
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[R19 200]
E = 100 x 0.08
E = 8%
The school fees are between 3.5% and 10% of the parent’s total income. David and Naledi will therefore qualify for a partial exemption. What will this exemption be worth to them? Check the Table to work out what the value of this exemption is. According to the Table, a parent with two children attending ‘fee-charging’ schools, who spends at least 8% of the joint family income on school fees, qualifies for a 90% fee exemption.
90% of the school fees of R1 500 = R1 350
R1 500 – R1 350 = R150
David and Naledi will have to pay R150 towards the school fees of each of their children.
You can help the parents apply in writing to the school governing body for an exemption from paying school fees. Ask the school for a formal exemption application form. If this is not available then write a letter. In the application use the formula to show why they qualify for a partial exemption and what this exemption is worth to them.
Problem 2: Learners are refused admission to a school because of outstanding school fees
A number of learners have been refused admission to a school because they are told they have not paid their outstanding fees. The parents are unable to afford the outstanding fees and want to take action against the school to force them to take their children.
What does the law say?
The law states that a school cannot refuse to admit a learner to school on grounds that they have school fees outstanding.
What can they do?
1. The learner’s parents should write a letter to the school principal pointing out which part of the law they are breaking and formally appeal to the SGB against the decision. Send a copy of this letter to the Head of the Department in the province and /or the Provincial MEC (Member of the Executive Council) for Education.
2. If the school still refuses to admit the learner, or if they don’t reply to the letter, the learner should write to the HOD in the province and/or MEC for Education and advise them that the school continues to refuse to admit the learner.
3. If the HOD or MEC does not respond contact a public interest law organisation or a lawyer for support. (See Public Interest Law organisations, page )
REGULATIONS FOR THE EXEMPTION OF PARENTS FROM PAYMENT OF SCHOOL FEES
CHECKLIST FORM (mark with a cross in applicable box)
1. Has the principal informed you about the amount of the annual school fees to be paid?
2. Has the principal informed you that you are liable to pay school fees unless you are totally exempted from paying school fees?
3. Has the principal informed you about your right to apply for exemption from paying school fees?
4. Do you wish to apply for such an exemption?
5. Do you wish to be assisted in such an application?
6. Has the principal provided you with the form (Annexure B) for application for exemption?
7. Has the principal signed this particular form?
8. Have you signed this particular form?
9. Has the principal handed over the signed copy of this form to you?
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