/ 3 December 2009

Day 9: HOW TO: get education for any child

How can you practically empower yourself, or the women and children you know, during this year’s 16 Days of Activism? The Mail & Guardian‘s “HOW TO” guide will tackle a different area each day, including suing for maintenance, applying for a social grant and getting an interdict against an abusive partner.


Knowing your child’s rights in education:

Everyone has the right to basic education, with the onus on the state to make this progressively available and accessible.

Do I have to register my child at a school?
Education is compulsory for children from age seven to 15 years.

At what age can my child start grade 1?
Your child can only start grade 1 if she/he will be turning seven during the first year of schooling.

Can I register my child at any school even if it is not near my home or workplace?
Yes, you can register your child at any public school. However, schools are expected to give first preference to children whose parents live or work near the school.

What do I have to do to register my child?
Go to the school for details on the registration process. The principal must provide you with a copy of the admissions policy and explain it.

Can they test my child before registering him or her?
Admissions tests are unlawful and any attempts to do should be reported to the Department of Education.

What documents will I need?

  • Birth certificate or identity document of the child;
  • Immunisation card;
  • Transfer card or last school report card if applicable; and
  • Proof of residential address.

If you do not have these documents, you should obtain an affidavit from your nearest police station explaining the problem.

Is it a problem if I and my children are not South African?
No, schools cannot discriminate against your child because you are not South African. Take a copy of your temporary/permanent residence permit or proof that you have applied for permission to stay in South Africa along to the school.

Do I have to sign a contract with the school or agree with the school code of conduct?
No, by law they cannot discriminate against your child if you refuse to sign these documents.

How do I know if my child has been accepted at the school?
The school principal must inform you of the outcome of your application in a letter.

What can I do if my child is refused admission to a school?
You can request a written explanation from the department. If you are not satisfied with the reasons given for the decision, you may lodge a written appeal.

Do I have to pay a registration fee?
Public schools are not permitted to charge registration or any other admin fees.

What if there is no space at all for my child? Must they stay home for the year?
No, the Department of Education is obliged to find a place for every learner.

I can’t afford the school uniform. What happens to my child?
It is illegal to refuse a child education because of a uniform. Speak to the principal and if your child is refused the opportunity to register, consult the Department of Education.

I didn’t pay all the school fees last year and they won’t accept my child again. What can I do?
Schools who refuse to admit learners for non-payment of fees should be reported to the Department of Education. The school may not exclude any child from official school activities, nor may they withhold report cards, matric certificates or transfer cards.

Can a school refuse to admit my child for any other reason?
Unless the child has already been expelled from that particular school, they must admit all learners without discrimination.

What steps can I take if I am unable to afford school fees?
You are legally entitled not to pay school fees if you cannot afford it. If the school fees are 10% or more of your total income, you will be entitled to a full exemption. Orphans, foster children and children in care are exempted from all fees.

Helpful contacts

  • Department of Education: 0800 202 933.
  • Education Law Project: 011 717 8600.

Read the daily “HOW TO” guides so far here

View more on our special report on 16 Days of Activism here..