Showed the door on the first day of school
Your child has been refused admission on the first day of school, what now?
As the 2014 school year kicked in the NEWS was informed about local schools allegedly denying pupils admission on grounds of parents’ financial status.
The reality is that at the start of every school year, thousands of pupils all over the country are refused admission to schools.
Many school principals, school governing bodies and individual teachers give many different reasons for denying admission and according to an organisation called Education Rights Project (ERP), in most cases their actions are in breach of the South African Schools Act (1996) and The Admission Policy for Ordinary Public Schools (1998) – the laws pertaining to the admission of pupils to public schools.
The ERP is an advocacy, education and campaigning organisation that assists individuals and communities to assert and realise their right to basic education.
Although the admissions policy of a school is determined by the school governing body, such policy cannot unfairly discriminate against pupils in any way. In particular an admission policy cannot exclude a pupil on the following grounds:
• Non-payment of school fees or registration fees in previous or current school year
• His or her parents do not subscribe to the mission statement of the school
• His or her parents have refused to enter into a contract in terms of which the parent waives any claim for damages arising out of the education of a pupil
• The pupil has registered late
• His or her parents cannot afford a uniform or school books
• He or she is not a South African citizen
• Language
• Disability
• Overcrowding in the school
• Race, culture, or religion
• HIV status
• Pregnancy
The only documents that must be presented on applying for admission of the pupil are:
1. The pupil’s birth certificate. If the parent is unable to supply a birth certificate, the school can accept the pupil conditionally until a copy of the birth certificate is obtained from Home Affairs. If the parents are non-citizens, permanent or temporary residence permits will suffice, or proof that parents have applied for residency.
2. Proof of immunisation. If a pupil has not been immunised, the principal must advise them on being immunised.
3. A transfer card if the pupil is transferring from another school. If no transfer card exists, a report card or equivalent document from a previous school together with an affidavit stating why there is no transfer card is needed.
What if a school is said to be full?
Pupils within a so-called feeder zone – the area that provides schools with pupils – are given priority in terms of admission to the schools. The Head of Department (HOD) establishes feeder zones for schools after consulting with representatives of school governing bodies.
Section 34 of the South African Schools Acts stipulates:
“Children who live or whose parents work within the designated feeder zone of a school are given first priority to register in a school”.
What should you do if a child has been refused admission to school?
Parents or guardians whose children were refused admission should request that reasons for such refusal be provided by the school. They should keep copies of the correspondence between themselves and the school.
The pupil’s caregiver or a supportive community groups should write a letter to the principal pointing out which sections of the law the school has broken and formally appeal the decision. A copy of this letter should be sent to the HOD in the province and the MEC for Education.
If the school still refuses to admit the pupil, a letter should be written to the HOD in the province. If there is no help from the HOD or MEC, contact the ERP, a public interest law organisation or a lawyer.
If a pupil’s right to admission has been violated, contact the following organisations for assistance:
South African Human Rights Commission on 011 484 8300, Children’s Rights Centre on 031 209 6239 / 307 6075 or Legal Resources Centre on 011 403 0902.
