The regulations state that undocumented parents of such pupils only need to submit admission applications.
Moralists and anti-illegal immigrant advocates must eat humble pie: the new school admission regulations still require that pregnant pupils and undocumented migrant children cannot be refused admission to public schools.
The new regulations, which are in the process of public comments, were recently published in the Government Gazette by Minister of Basic Education Siviwe Gwarube.
Admission process for undocumented pupils
The provision on admission of undocumented pupils to the schooling system stems from the notion that the right to basic education extends to everyone within the boundaries of South Africa, regardless of nationality and immigration status.
The regulations state that undocumented parents of such pupils only need to submit admission applications, together with a sworn affidavit explaining why they are unable to provide such documents.
The school principal must report any such admissions to the district education office within seven days.
The child will be allowed to attend class uninterrupted, while the parents will be held accountable for acquiring a birth certificate for the child.
The head of the provincial education department is also required to assist the parents to have their child documented, including liaising with the nearest department of home affairs office.
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Role of HOD and school governing bodies
The regulations recognise that the education department head (HOD) has final authority to admit a pupil to a public school and is responsible for the coordination of pupil admissions in public schools in collaboration with the governing body.
That official must give a written notice to the school governing body (SGB), including the reasons for the HOD’s decision.
In the past, there have been cases where the SGB and HOD clashed over the head’s decision to overrule governing body decisions.
The new regulations are silent on what will happen if the SGB delays or fails to respond to the HOD’s written notice, or should the SGB disagree with the head’s decision.
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Gwarube’s regulations also ask for the consideration of the demographics and education needs of the surrounding community, including language preferences and the capacity of nearby schools.
The language issue has been a bone of contention in the recent past as some schools insisted on teaching in Afrikaans, practically excluding non-Afrikaans-speaking pupils.
Ban on discrimination and moral bias
“If the HOD believes a public school’s admission policy does not comply with the Act or these regulations, the governing body must be requested in writing to review and amend the policy,” the minister said.
The regulations prohibit discrimination on grounds that constitute unfair discrimination, race, ethnic or social origin, nationality, colour, gender, sex, age, disability, sexual orientation, religion, conscience, belief, culture, language, pregnancy, HIV and Aids status, or any other illness.
While these are obligatory as they are the constitutional rights of an individual, moralists often have reservations about admitting pregnant pupils to schools.
The non-discrimination rule also applies where the child or parent does not subscribe to the mission statement of the school due to cultural beliefs, religious observances, medical circumstances or any other reasonable grounds.
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