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What is the purpose of adopting a code of conduct in a public school?
Who is responsible for adopting a code of conduct in a public school?
Under what circumstances can a principal or their delegate conduct a random search of learners or their property?
What is prohibited from being brought onto school premises or possessed during a school activity?
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Who is responsible for managing suspension and expulsion of learners?
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What document outlines the rules and consequences for learner misconduct?
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What is the consequence for learners who arrive late for class according to the school rules?
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What is the punishment for learners who cheat in an assignment or test according to the school rules?
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Can a teacher use corporal punishment on a child if the parent has given permission?
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What is the purpose of the uniform demerits issued by a RCL member?
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What is the consequence for learners who do not complete their homework according to the school rules?
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Is the teacher in charge of the first soccer team allowed to initiate new team members by shaving their heads and making them wear short pants?
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What is the consequence for learners who have their phones confiscated during school hours?
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What is the purpose of the school rules regarding learner behavior?
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What is the key principle of the concept of 'Audi alteram partem'?
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What is the primary purpose of Section 10 of the SASA?
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What is the term for acting outside of one's legal authority or beyond one's mandate?
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Which of the following is a legal framework related to learner misconduct?
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What is the primary consideration when determining the reasonableness of a disciplinary action?
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Who has the authority to discipline learners, according to the SASA?
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Study Notes
Learner Misconduct
- Lawfulness of learner misconduct involves checking if there is a law or rule, if the rule is consistent with the law and Constitution, and if the person has the authority to act.
- SASA empowers school authorities to discipline learners, but it is beyond the law to delegate this authority to a learner.
Reasonableness
- A rule is reasonable if it is proportional, not arbitrary or irrational, and serves a greater public interest than individual rights infringed.
Fairness
- Fairness involves procedural issues and a fair process, ensuring that no person is judged without a fair hearing.
Legal Concepts
- Ultra Vires: acting outside of legal authority or beyond one's mandate.
- Audi alteram partem: no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
Legal Framework Relating to Learner Misconduct
- SASA (Minister of Basic Education):
- Section 8: Code of conduct
- Section 8A: Random search and seizure and drug testing
- Section 9: Suspension and expulsion
- Section 10: Prohibition of corporal punishment
- Section 10A: Prohibition of initiation practices
- National regulations/policy/guidelines:
- Guidelines for the Consideration of Governing Bodies in adopting a Code of Conduct (includes Due Process requirements)
- National Policy on the Management of Drug Abuse by Learners in Public and Independent Schools and Further Education and Training Institutions
- Provincial Regulations (MEC):
- Misconduct of Learners at Public Schools and Disciplinary Proceedings (e.g. PN 6903 in Gauteng)
- Provincial policy (HOD):
- e.g. Circular 74/2007 management of suspension and expulsion
- School Code of Conduct (SGB)
- Classroom Rules (Teacher)
Section 8 - Code of Conduct
- A governing body of a public school must adopt a code of conduct for learners after consultation with learners, parents, and educators of the school.
- The code of conduct must aim to establish a disciplined and purposeful school environment, dedicated to the improvement and maintenance of the quality of the learning process.
Section 8A - Random Search and Seizure and Drug Testing
- No person may bring a dangerous object or illegal drug onto school premises or have it in their possession on school premises or during a school activity without authorization.
- The principal or their delegate may search a group of learners or their property for dangerous objects or illegal drugs if a fair and reasonable suspicion has been established.
School and Classroom Rules
- Acceptability of school and classroom rules:
- Learners who talk in assembly will be instructed to stand up (others are seated on the floor/ground)
- Learners who arrive late for school will be required to attend detention on the same day
- Learners whose uniform is incorrect will be issued with uniform demerits
- Learners who arrive late for class will not be allowed entry to the classroom for the duration of the lesson
- Learners who do not complete their homework will have to attend four break detentions
- Learners who cheat in an assignment or test will be expelled by the Governing Body
- Initiation practices (e.g. shaving heads and making new team members wear short pants) are prohibited
- Corporal punishment is prohibited, even with parental consent
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Description
This quiz covers learner misconduct in the context of education law and policy, including aspects of lawfulness and reasonableness.
