The admission of learners to public schools is determined by the National Education Policy Act, 1996 (Act 27/1996), the South African Schools Act, 1996 (Act 84/1996), the National Admission Policy for Public Ordinary Schools (Notice 2432/1998) and circulars issued by the WCED. The Western Cape Education Department (WCED) urges all schools to comply with the legislative stipulations in the spirit of providing access to education for all learners in a non-discriminatory manner.
| 1.1 |
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Each year the WCED encounters numerous problems regarding the admission of learners to public ordinary schools. In order to address these problems, the WCED is piloting a process for managing learner admission in 2003/04. |
| 1.2 |
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This pilot process aims to achieve a structured, non-discriminatory admission process whereby learners in the Western Cape can be accommodated in schools before the first day of the school year and teaching and learning can commence on the first day of the school year. |
| 1.3 |
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The proposed pilot process for 2003/04 has two periods for the admission of learners to public ordinary schools:
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| 1.4 |
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After the first admission period, ending 29 August, each school should submit to its Education Management and Development Centre (EMDC) by 19 September 2003, the number of vacancies in each grade and per medium of instruction that are available in the school. This information must be submitted on the attached form (Annexure A).
Schools must also complete and submit Annexure B, which provides information to the EMDCs of learners who did not gain admission to the school during the first period of admission. The schools must inform the parents or guardians in writing by 19 September 2003 whether their children have been accepted or not to attend the school. When an application has been unsuccessful, the parents or guardians can then timeously apply for admission to the second school of their choice in the following admission period.
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| 1.5 |
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After the second admission period, commencing on 1 October 2003 and closing on 31 October 2003, the same procedures as described in paragraph 1.4 must be followed, with Annexures A and B being submitted to the relevant EMDCs by 7 November 2003, and the parents or guardians being informed in writing by that date that their children have or have not been accepted to attend the school. |
| 1.6 |
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When parents or guardians have applied unsuccessfully for admission for their children during both periods, such parents or guardians will then have to enrol their children at schools where vacancies exist. They will be assisted in this regard by the EMDC officials. The information submitted to the EMDCs will allow the EMDC officials to manage the placement of learners who, by mid-November, have not yet been admitted to a school for the following school year. |
| 1.7 |
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School principals and SGBs are requested to follow these procedures and to submit the relevant information to the Directors of their EMDCs on the dates set in this circular. This will keep each Director updated as to the situation in the EMDC and in a position to manage the admission process as effectively as possible. |
| 2. |
School feeder zones
In terms of the National Admission Policy for Public Ordinary Schools, feeder zones may only be determined after the Provincial Head of Education has consulted with representatives of the governing bodies. This is a discretional responsibility of the province. School principals need to note that the WCED has not determined school feeder zones for public ordinary schools. Therefore, no child is precluded from seeking admission to whichever school he or she chooses to attend. However, parents and learners should be encouraged to seek admission to the school closest to their residence. |
| 3. |
School Governing Body (SGB) admission policy
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| 3.1 |
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In terms of the SA Schools Act, 84/1996 (SASA), Section 6[2], SGBs may determine admission policies within the legal framework of the Constitution, the SA Schools Act, and national and provincial legislation. Learners are admitted to a school according to the policy of that particular school. School admission policies should be freely available to the public and departmental officials. |
| 3.2 |
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The SASA Section 5, stipulates that no school may refuse to register a learner on the grounds that his or her parent or guardian
- is unable to pay school fees as determined by the governing body under Section 39;
- does not subscribe to the mission statement of the school;
- does not subscribe to the code of conduct of the school; or
- refuses to enter into a contract in terms of which the parent waives any claim for damages arising out of the education of the learner.
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| 3.3 |
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Governing Bodies of schools may not administer any compulsory tests as a prerequisite for admission to any school, unless it would be in the interest of a learner for placement in a specific course or programme, e.g. dance or music. |
| 3.4 |
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When a learner is admitted to a school, that learner is admitted to the full scope of the school programme and to all the services offered at the school. |
| 4.1 |
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The SASA does not make provision for the payment of a “registration or deposit fee” by parents or guardians of learners at the time of registration. |
| 4.2 |
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Governing bodies may not charge any registration, re-admission and pre-admission testing fees or deposit fees. |
| 4.3 |
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Payment of any fees may be requested only after a learner has been accepted and admitted to a school. |
| 4.4 |
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No application for admission may be turned down because a parent, guardian or learner cannot pay the annual school fee amount or part thereof. Such an act would be illegal. |
| 4.5 |
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SGBs must inform parents of their right to apply for full or partial exemption from school fees in accordance with the SASA Section 40. The school should assist parents in this regard. |
| 4.6 |
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A school may not withhold examination results, progress reports or learning materials if school fees are in arrears. Such practices infringe on the right to education as contemplated in Section 29 of the Constitution of the RSA. |
The pilot procedures described in paragraphs 1.3 -1.7 of this circular are part of the WCED's review of the policy for managing the admission of learners. All schools and principals are encouraged to participate in the pilot process in order to determine the effectiveness of the process.
The contents of this circular should be brought to the attention of all concerned.
SIGNED: R.B. SWARTZ
HEAD: EDUCATION
DATE: 2003:06:18
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