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Chapter 14 - Managing Schools

School governing bodies

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:

• Allow all South African children to enter the schooling system
• Help communities to respect and tolerate all religious and cultures in our country
• Encourage children to speak a range of our country’s languages
• Respect children’s rights and promote non-violent ways of solving problems
• Promote values of non-racialism and equality between boy and girl learners

Who sits on a SGB?

There are three groups represented on a governing body:

1. Elected members who can be:
   • parents of learners at the school
   • educators at the school
   • staff members who are not educators, such as secretaries and gardeners
   • learners at the school who are in grade 8 or above (they must be elected by the representative council of learners)
2. School principal
3. Optional co-opted members, who don't have the right to vote, for example:
   • members of the community
   • the owner of the school property, or his or her representative, if the property is privately owned

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.

Rules guiding SGBs

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 governing body will meet at least once every school term
• a separate meeting will be held with each of these groups at least once a year: parents, learners, educators and other staff
• the governing body will report to parents, learners, educators and other staff at least once a year
• how minutes of governing body meetings must be kept

The provincial Minister of Education will publish these details:

• How the governing body will be elected
• How long members and office bearers may serve on a governing body
• How to remove a member from the governing body if there is a good reason for doing this
• How to fill a vacancy
• What sub-committees must be set up eg executive for day-to-day decisions, fund-raising, finance, sport, staff appointments, school environment and health

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.

Responsibilities of SGBs

The governing body must:

• decide on an admissions policy that doesn't go against the national Constitution
• decide on the language policy of the school
• decide on what religious practices will be followed at the school
  (attending any religious practices must be free and voluntary for learners and staff)
• adopt a code of conduct for learners after consulting with learners, parents and educators

Functions of SGBs

A governing body must:

• promote the best interests of the school and encourage its development by providing quality education for all learners
• adopt a constitution
• adopt the mission statement of the school (this sets out the values and beliefs of the school)
• decide the times of the school day
• administer the school property, buildings and grounds
• encourage parents, learners, educators and other staff to offer voluntary services
• recommend to provincial heads of departments on the appointment of educators at the school
• allow school facilities to be used by the provincial education department
• The governing body can allow the community to use its facilities for community, social and school fundraising purposes.

In addition, a governing body can be given any of these functions:

• maintaining and improving the school's property, buildings and grounds
• deciding on the extramural curriculum and the choice of subject options according to provincial curriculum policy
• buying textbooks, educational material or equipment for the school
• paying for services to the school

Building capacity for SGB members

The provincial Head of Department must set up a programme to provide training for newly elected governing bodies to help them perform their functions.

Additional powers that can be given to school governing bodies

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.

Prefects and learner representative councils (LRCs)

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.