Draft:Basic Education Laws Amendment Act, 2024

The Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), enacted by the Parliament of the Republic of South Africa, introduces significant reforms to existing education legislation. Signed into law by the President on 13 September 2024, the Act introduces amendments to the South African Schools Act, 1996, and the Employment of Educators Act, 1998. The law is part of ongoing efforts to enhance equity, accountability, and educational standards across South Africa's schooling system.

Key Provisions

Compulsory Education

• Grade R (reception year) attendance is now mandatory, starting the year a learner turns six.
• Parents and guardians are legally obligated to ensure school attendance until a learner completes Grade 9 or turns 15, whichever comes first. Penalties for non-compliance include fines, imprisonment up to 12 months, or both.

Language and Inclusivity

• South African Sign Language is officially recognised for educational purposes.
• The Act empowers the Head of Department to direct public schools to adopt more than one language of instruction, where practicable, ensuring adequate resources are provided for implementation.
• Codes of conduct in schools must accommodate diverse cultural, religious, and medical circumstances, with provisions for age-appropriate disciplinary measures.

Governing Body and Financial Oversight

• Enhanced regulations govern the composition and responsibilities of school governing bodies, including rules on declaring personal or financial interests to avoid conflicts.
• Governing bodies must provide detailed quarterly financial reports to the Department of Education and comply with stricter procurement protocols.
• Lease agreements for school property exceeding 12 months require departmental approval.

Prohibitions and Penalties

• Corporal punishment, initiation practices, and drug possession on school premises are explicitly banned, with associated offences carrying significant penalties.
• Parents providing false information during school admissions or fee exemption applications are subject to legal action.

Educational Materials and Resources

• The Act mandates centralised procurement for certain educational materials to ensure consistency and cost-effectiveness.
• Public schools may be designated as specialised institutions for arts, sports, or other talents, with adjusted admission and operational policies.

Home Education

• Home education is formally defined and regulated to align with curriculum standards, requiring regular assessment and reporting.

See Also

• Acts of the Parliament of South Africa

• Education in South Africa
• Homeschooling in South Africa
• South African Schools Act, 1996

References

• Basic Education Laws Amendment Act, 2024