GOVERNMENT GAZETTE NO. 20659 23 NOVEMBER 1999
(Note: the formating of the document has been affected by conversion to HTML - Webmaster)
DEPARTMENT OF EDUCATION
NATIONAL EDUCATION POLICY ACT, 1996 (NO. 27 OF 1996)
POLICY FOR THE REGISTRATION OF LEARNERS FOR HOME EDUCATION
The Minister of Education, after consultation with each Member of the Council of Education Ministers, hereby gives notice in terms of section 3(4)(g) of the National Education Policy Act, 1996 (No. 27 of 1996) of the policy for the registration of learners for home education as set out in the schedule. This policy must be read with section 51 of the South African Schools Act, 1996 (No. 84 of 1996).
MINISTER OF EDUCATION
POLICY FOR THE REGISTRATION OF LEARNERS FOR HOME EDUCATION
- In this policy any expression to which a meaning has been assigned in the South African Schools Act, 1996 (No. 84 of 1996), (hereafter referred to as the Act), has that meaning.
- This policy applies uniformly in all provincial departments of education as national norms and standards pertaining to home education.
Administration of home education
- The Head of Department is responsible for the administration of the registration of learners to receive education at home and for the monitoring thereof. The Head of Department may delegate the responsibility to an official of the Department designated for the purpose.
- Home education as contemplated in section 51 of the Act is
- a programme of education that a parent (1) of a learner(s) may provide to his/her own child at their own home. In addition the parent may, if necessary, enlist the specific services of a tutor for specific areas of the curriculum; or
- a legal, independent form of education, alternative to attendance at a public or an independent school.
- "parent" means-
- the parent or guardian of a learner;
- the person legally entitled to custody of a learner; or
- the person who undertakes to fulfil the obligations of a person referred to in paragraphs (a) and (b) towards the learners education at school.
Application for registration
5. A parent of a learner of compulsory school-going age, must apply to the Head of Department to register each learner(s) to receive education at home, for the following compulsory phases of education: Foundation Phase (grades 1-3), Intermediate Phase (grades 4-6), Senior Phase (grades 7-9). The age grade norms determined by the Minister in terms of the Act apply to a learner in home education (Government Notice No. 2433 of 1998). A parent of a learner, who is no longer of compulsory school-going age or grade as contemplated in section 3 of the Act, need not apply for registration for home education.
6. A parent of a learner with special education needs referred to in section 3(2) of the Act, who wishes to register his or her child for home education must also apply for registration.
7. A parent must complete the prescribed application form for home education, which should be made available to him or her by the Head of Department or a duly authorised official, together with the conditions for registration. The contact address of a person from whom information pertaining to the provincial curriculum for the school phase of the learner, which also specifies the minimum standard of education, must also be provided to the parent. The parent must forward the completed form and a copy of the birth certificate of the learner to the Head of Department or the designated official. A pro forma application form is hereto attached for the guidance of provincial departments of education.
Conditions for registration of a learner for education at home
8. (a) The Head of Department, before setting conditions and considering registration in terms of section 51(2) of the Act, must obtain at least the following information from the parent pertaining to:
(i) supporting arguments to substantiate that education at home will be in the interest of the learner and that the learner will benefit from it, will be able to exercise his or her fundamental right to education, and will be taught at least as regularly and as well as in a public school. To determine what would be in the best interest of the learner, the parent must declare the highest education standard achieved by him or her, the hours of the day and the minimum days per year during which the parent plans to teach the learner, information about the programme that will be followed and the learning resources that will be available; and
(ii) the proposed curriculum to be used for home education for approval.
(b) The learner programme must suit the age and ability of the learner. It will comply with the minimum requirements of the curriculum in public schools of the province and will not be inferior to the standard of education provided at public schools. The curriculum must comply with the language policy and the outcomes (standards) specified for each of the phases.
(c) The learner will receive at least 3 hours contact teaching time per school day.
(d) The education provided at home must be consistent with the values contained in the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) and the Act. Parents who choose home education for reasons related to curriculum, ideology and pedagogy must not instill unfair discrimination, racism or religious intolerance in learners. The education must be consistent with the values contained in the Constitution that all role-players must adhere to.
Registration of a learner for home education
9. The Head of Department must take all reasonable steps to respond within 30 days after receipt of the application on the prescribed from. If he or she is satisfied that all conditions have been complied with, the Head of Department must register the learner for home education and provide the parent with a certificate of registration. If not, he or she must inform the parent in writing of the reasons for the application not being successful.
10. The registration under paragraph 9 remains in force until the learner reaches the end of each phase or until it is revoked. If a learner was educated at a public or independent school prior to being educated at home, the parent must obtain a transfer certificate from the school.
11. If the Head of Department refuses to register the learner, the parent must be informed that he or she may appeal in writing to the Member of the Executive Council in terms of section 51(4) of the Act.
12. The procedures prescribed in section 3(5) or (6) of the Act must be applied against a parent of a learner of compulsory school-going age who, for whatever reasons, is not registered for home education, and is not enrolled at a public school of a registered independent school, or is exempted from compulsory school attendance in terms of section 4 of the Act.
Duties of the parent for the monitoring of home education
13. After the learner has been registered for home education, the parent must perform the following duties:
(a) A record of attendance must be kept.
(b) A portfolio of the work of a learner must be kept. Up-to-date records of progression of a learner must be maintained. A portfolio of the work of the learner with evidence of intervention and other education support given to the learner must be kept. Such records must be made available for inspection by a duly authorised official of the provincial department of education.
(c) The parent must keep suitable evidence of continuous assessment of the learners work, which reflects the learners progress towards achieving the outcomes of the learning programme. Evidence must also be kept of summative assessment at the end of the first year of home education and at the end of grades 3, 6 and 9 stating whether or not the outcomes for these grades have been achieved.
(d) The parent must keep all relevant assessment results for a period of three years for monitoring by the Head of Department.
(e) At the end of every phase, the parent should appoint an independent, suitably qualified person(s) approved by the Head of Department at the parents own expense for the assessment of the learners progress at the end of the phase that the learner is completing. A parent may approach a public school or a registered independent school for assistance in obtaining such services. The person(s) must submit a statement to the Head of Department confirming that the learner so assessed has indeed reached the required level.
(f) Should a learner be admitted to a public school or registered independent school, the parent must request the Head of Department in writing to terminate the learners registration for home education.
Withdrawal of registration
14. The Head of Department may withdraw the registration of a learner who is receiving education at home, after having made a reasonable effort to obtain or verify relevant information, if-
- any information contained in the application is false;
- any of the conditions in paragraph 8 is not complied with; or
- any of the criteria set in section 51 (2)(b) of the Act is no longer complied with.
15. In accordance with section 51(4) of the Act, the registration may be withdrawn only after the Head of Department has-
(a) informed the parent in writing of his or her intention to take action and the reasons therefor;
(b) granted the parent an opportunity to make representations to him or her in relation to such action; and
(c) has considered any such representations.
16. The Head of Department must inform the parent in terms of section 51 (4) of the Act, that he or she may, in writing, appeal to the Member of the Executive Council against the withdrawal of registration.
17. If a learner is within the compulsory school attendance age when the registration contemplated in terms of section 51 of the Act is withdrawn, such a learner must then attend a school (either public or independent). A parent who fails to comply with the provisions of section 3 of the Act regarding compulsory school attendance wilol, unless the learner is properly registered in terms of section 51 of the Act, be guilty of an offence as contemplated in section 3(6).
Note: This is a pro forma application form as referred to in paragraph 8 and provincial departments of education may use it as a guide to develop their own official application forms. Parents must apply for registration on the official form of the provincial department of education.
DEPARTMENT OF EDUCATION
PRO FORMA APPLICATION FOR THE REGISTRATION OF A LEARNER FOR HOME EDUCATION
All parents who wish to apply for the registration of learners for home education must complete this form. A separate form must be completed for each learner.
Mark with an X the phase for which home education is required:
Foundation Phase (grades 1-3) .
Intermediate Phase (grades 4-6) .
Senior Phase (grades 7-9) .
2. Information about parent who is responsible for education at home
(a) Name of parent: .
(b) Postal address of parent: ..
(c) Street/physical address and telephone number of parent:
(d) Street/physical address where home education is to be provided:
(e) Occupation of parent: ...
(f) Qualifications, experience and expertise: . ...
3. Information about learner
- Name: . ... . .
- Date of birth and age: ... ...
- Grade for which application is being made:
- Previous school attended and grade completed: . .
- Physical disabilities (if any):
- Year of commencement of home education:.. .
4. Additional learning resources available for the benefit of the learner (including the services of a tutor as contemplated in paragraph 4(a) of the policy and the full extent to which he or she will be utilised.)
5. Education programme
Please enclose as a separate Annexure full detail of the education programme that the learner will be following.
6. Number of hours of education per day
(1) Hours of the day during which the learner will be educated:
(2) Hours of contact teaching time: .
7. Record of last grade, e.g. copy of a report
This record must be enclosed with the application form (if applicable).
8. State the reason(s) why you are applying to have your child educated at home
. . ..
I (name of parent) .
parent of (name of child) . hereby declare that the information I have supplied is correct.
Signed (parent )
Please note that, should your application be refused or the registration revoked, you have the right to appeal to the Member of the Executive Council in writing.
FOR DEPARTMENTAL USE ONLY
Application approved ......
Application refused ..
Reasons for refusal ..
Date on which the registration certificate was issued and posted to the parent (if applicable)
Date on which parent was informed about revocation (if applicable) .
Reasons for revoking the registration: ...
The form may, for record purposes, be extended to cater for decisions taken in case of an appeal.
- COPY RIGHT RESERVED -