| 1. |
Purpose
The purpose of this circular is to communicate the policy and procedures for the admission of learners to ordinary public schools in the Western Cape. These procedures should facilitate the admission of learners in a timely, efficient and lawful manner to enable teaching and learning to commence on the first day of the school year.
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| 2. |
Background
Every year the Western Cape Education Department (WCED) encounters numerous problems in respect of the admission of learners to ordinary public schools. In order to eliminate these problems, trial admission procedures were introduced in Circular 140/2003. These were then evaluated and, after consultation, reviewed and amended. The procedures that follow are the amended procedures, which replace those provided in Circular 140/2003.
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| 3. |
Definition
In this policy document, unless the context indicates otherwise, parent means
| (a) |
the parent or guardian of a learner |
| (b) |
the person legally entitled to the custody of a learner, or |
| (c) |
the person who undertakes to fulfil the obligations of a person referred to in (a) and (b) towards a learner’s education at school. |
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| 4.1 |
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The determination of policies and procedures for the admission of learners to ordinary public schools in the Western Cape is subject to the following legislation: |
| 4.1.1 |
The Constitution of the Republic of South Africa Act (Act 108/1996) (The Constitution) |
| 4.1.2 |
The National Education Policy Act (Act 27/1996) (NEPA) and the corresponding Admission Policy for Ordinary Public Schools (General Notice 2432/1998) |
| 4.1.3 |
The South African Schools Act (Act 84/1996) (SASA) as amended |
| 4.1.4 |
The Western Cape Provincial School Education Act (Act 12/1997) |
| 4.1.5 |
The Promotion of Administrative Justice Act (Act 3/2000) |
| 4.2 |
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In terms of the Constitution, every person in South Africa, citizens and non-citizens alike, has the right to a basic education. |
| 4.3 |
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As stated in Section 7 of the NEPA, the admission policy of a public school is determined by the governing body of the school in terms of Section 5(5) of the SASA. The school's policy must be consistent with all applicable legislation. The governing body of a public school must make a copy of the school's admission policy available to the Head of Department (HoD). The HOD (represented by the EMDCs) must evaluate schools' admission policies submitted to the WCED for fairness and compliance with all relevant legislation and policies. |
| 4.4 |
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In terms of Section 5(7) of the SASA, the administration of the admission of learners to a public school must be made in a manner determined by the HoD. In terms of Section 16(3) the professional management of a public school must be undertaken by the principal, under the authority of the HoD. The responsibility for the administration of admission of learners, as part of school management, is therefore the responsibility of the principal of the public school. |
| 4.5 |
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The Western Cape Provincial School Education Act entrenches statutory principles for admission to public schools in this province as follows: |
| 4.5.1 |
Every learner shall be entitled to ordinary education at his or her nearest ordinary public school, in so far as it is reasonably practicable, and |
| 4.5.2 |
every learner shall be entitled to equal access to public schools. |
| 4.6 |
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The HoD must co-ordinate the admission of learners to ordinary public schools with governing bodies so as to ensure that all eligible learners are suitably accommodated in terms of the SASA. |
| 4.7 |
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The admission policy of a public school and the administration of admissions by the Department must not unfairly discriminate in any way against an applicant who applies for admission. Moreover, the admission policy of a public school must complement the administrative processes of the Department. |
| 4.8 |
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The governing body of a public school may not administer any test relating to the admission of a learner to a public school, or direct or authorise the principal of the school or any person to administer such a test. Where placement in a specific course or programme, e.g. a technical field of study, dance or music, is required and where it would be in the educational interest of a learner, he or she may be requested by the HoD to undertake a suitable test to assist a placement decision. |
| 4.9 |
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A learner is admitted to the total school programme and may not be suspended from classes, denied access to cultural, sporting or social activities of the school, denied a school report or transfer certificate, or otherwise victimised on the grounds that his or her parent
| (a) |
is unable to pay or has not paid the required school fees |
| (b) |
does not subscribe to the mission statement and code of conduct of the school, or |
| (c) |
has refused to enter into a contract in terms of which the parent waives any claim for damages arising from the education of the learner. |
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| 4.10 |
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Schools may not use the process of interviewing parents and learners as a discriminatory screening mechanism prior to admission. |
| 4.11 |
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If an application for admission to a public school is refused, the HoD (the school principal performing the duty) must, in writing, furnish reasons to the parent for such a decision. |
| 4.12 |
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The HoD’s deliberations, when considering an admission application, will be on what is most reasonable, practical and fair and in the best interest of the learner. |
| 4.13 |
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If a learner has been refused admission to an ordinary public school, the parent may appeal to the Provincial Minister of Education (MEC) against the decision. |
| 5. |
Admission procedure for 2004 |
| 5.1 |
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Application for the admission of a learner to a public school must be made to the HoD (i.e. the principal of the school where admission is sought) as determined in this policy. |
| 5.2 |
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During August 2004 the Department will run an advocacy campaign in the media to remind the public to enrol their children at public schools for the following year and to inform them of the requirements for admission. In addition, public schools are requested to support the Department by embarking on their own advocacy campaigns during this period. |
| 5.3 |
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Please note that the following dates apply to the year 2004. |
| 5.3.1 |
For admissions that are administered at schools, the period during which applications may be made for admission to public schools, ends on 15 September. |
| 5.3.2 |
From 15 to 30 September schools must inform all parents in writing that their applications for admission have been either successful or unsuccessful and a reason must be given when admission is refused. The letter informing a parent of a successful application must request the parent to accept or reject the allocated place in writing within ten working days. It must be made clear that if the parent does not respond within the required time, the learner’s place at the school will be forfeited. |
| 5.3.3 |
By 30 September schools must inform their education management and development centres (EMDCs) of the number of vacancies per grade and per medium of instruction that still exist at the school. This information must be submitted on the attached form (Annexure A). |
| 5.3.4 |
Also by 30 September, schools must complete and submit Annexure B, which informs EMDCs of the number and particulars of learners who did not gain admission to the school during the admission period. (The information contained in Annexures A and B will give an indication of the number and location of available tuition spaces in each EMDC and thus in the Western Cape.) |
| 5.3.5 |
During the period 1 October to 15 November schools that have tuition space available must again accept applications. Parents must be notified in writing, within ten working days of submitting an application, whether or not their applications have been successful so that they can apply to another school if necessary. Where an application has been unsuccessful, the letter informing the parent must state that the parent must contact the EMDC to obtain admission to an alternative school. The street address of the relevant EMDC and its contact numbers must be provided in the letter. |
| 5.3.6 |
On 15 November a school that still has vacancies must complete Annexure A again and submit it to the EMDC concerned. |
| 5.3.7 |
From 16 November EMDC officials will, in co-operation with schools and community structures, attempt to place learners who have not been successful in their applications or who have not yet applied. The onus will be on parents to approach the EMDCs for placement at or admission to schools. |
| 5.4 |
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Where a parent has applied to a school, but the school has been unable to admit the learner, such a learner will have first choice for placement at another school where a vacancy exists, and will be given preference over a learner who seeks admission for the first time without having made prior application. |
| 5.5 |
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Where an over-age learner applies for admission to an ordinary public school, the Department’s policy, Admission of over-age learners to public schools, contained in Circular 0240/2003, applies. |
| 5.6 |
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School principals and school governing bodies are requested to comply strictly with these procedures and to submit the relevant information to the directors of their EMDCs by no later than the given dates. This will keep directors updated as to the situation in their EMDCs and will enable them to manage the admission process as effectively as possible. |
| 6. |
Time frames
| During August | The Department will run an advocacy campaign. Public schools are requested to run their own advocacy campaigns. |
No later than 15 September | closing date for submission of applications for admission to public schools (for admissions administered at schools) |
15 to 30 September | Schools must inform all parents in writing that their applications for admission were successful or unsuccessful. Parents must accept or reject a placement in writing within ten working days. |
30 September | Last date for each school to inform its EMDC (on Annexures A and B) of the number of vacancies per grade and per medium of instruction/of the number and particulars of learners who did not gain admission to the school. |
1 October to 15 November | Schools which have tuition space available must accept applications again. Parents must be notified in writing within ten working days. |
15 November | Schools which still have vacancies must complete Annexure A again and submit it to their EMDCs. |
From 16 November | EMDC officials will place learners who have not been successful in their applications or who have not yet applied. |
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| 7.1 |
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As the SASA does not make provision for the payment of a registration fee or a deposit by parents of learners at the time of registration,
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| 7.1.1 |
governing bodies may not charge any registration, deposit, re-admission fees or pre-admission testing fees. |
| 7.1.2 |
no application for admission may be turned down because a parent or learner cannot pay the annual school fee amount or part thereof. (School governing bodies must inform parents of their right to apply for full or partial exemption from school fees in accordance with Section 40 of the SASA and of the time within which such applications must be submitted. The school must assist parents in this regard.) |
| 7.1.3 |
payment of any fees may be requested only after a learner has been accepted for admission to a school. |
| 7.2 |
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As these practices infringe on the right to education as contemplated in Section 29 of the Constitution and the Admission Policy for Ordinary Public Schools as promulgated in terms of the NEPA, schools |
| 7.2.1 |
may not withhold examination and assessment results, school reports, transfer certificates, learning materials, etc. from parents/learners. |
| 7.2.2 |
may not re-register learners that are still enrolled at the school (Section 12 - Admission Policy for Ordinary Public Schools). |
| 7.3 |
The policy serves as measure to assist the WCED in the orderly placement of learners and in combating chaotic situations that could arise at the beginning of the school year. The timeframes in paragraphs 5 and 6 must not be used as mechanisms to deny learners access to any ordinary public school. |
Please bring the contents of this circular to the attention of all concerned.
SIGNED: R.B. SWARTZ
HEAD: EDUCATION
DATE: 2004:08:03
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