Education laws amendments by Act 15 of 2011

What’s changed with Act 15 of 2011?

A tranche of education-related Acts (the National Education Policy Act 27 of 1996, SA Schools Act 84 of 1996, Employment of Educators Act 76 of 1998, SA Council for Educators Act 31 of 2000 and General and Further Education and Training Quality Assurance Act 58 of 2001) amended are now more focused on school education and are more in the hands of the Department of Basic Education.

Under various amendments the Minister and the Department become those of Basic Education, and students become learners.

Under Act 27 of 1996, the definition of parent is now extended, and the Minister has to consult the Minister of Finance in prescribing minimum uniform norms and standards.

Under Act 84 of 1996, there’s a new definition of loan which a school is liabile to pay unless the payment is to staff appointed by the governing body ito s20(4) and (4);  the Minister must consult the Minister of Finance in prescribing minimum uniform norms and standards; the governing body must ensure no unfair discrimination in offering any of the official language as a subject or in the level offered; a provision for determining sanctions imposed on an expelled learner after an appeal by that learner is upheld (pretty peculiar provision, if you ask me, but maybe I’m missing something), there is an extended definition of public school to include those that that focus on talent (ala ye old USA sports academies?), the principal must be much more involved in finances of the school and issues of maladministration and mismanagement; norms and standards regarding norms and standards for school funding (aha!), governing body training, prohibition of political activities during school-time, governing body powers regarding school immovable property, the identification of further public schools and fee and funding provisions regarding these, a limitation for State liability to “delictual or contractual damage” rather than “damage”.

Under Act 76 of 1998, the Minister and Department become those of Basic Education, and focus is on public schools.

Under Act 31 of 2000, provision is made for continuing professional development of educators and for money appropriations from Parliament

Under Act 58 of 2001 the Department of Basic Education and the Department of Higher Education and Training is defined and their Directors-generals and Ministers are distinguished.


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