Education Law and Policy: Learner Misconduct

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Questions and Answers

What is the purpose of adopting a code of conduct in a public school?

To establish a punishment system for learner misconduct

To suspend or expel learners who misbehave

To create a disciplined and purposeful school environment (correct)

To punish educators who fail to maintain discipline

Who is responsible for adopting a code of conduct in a public school?

The School Governing Body (SGB) (correct)

The Provincial Education Department

The principal or his/her delegate

The Minister of Education

Under what circumstances can a principal or their delegate conduct a random search of learners or their property?

Only during school hours

With the permission of the learners' parents

When a fair and reasonable suspicion has been established (correct)

At any time without reason or suspicion

What is prohibited from being brought onto school premises or possessed during a school activity?

Dangerous objects or illegal drugs Signup and view all the answers

Who is responsible for managing suspension and expulsion of learners?

The Head of Department (HOD) Signup and view all the answers

What document outlines the rules and consequences for learner misconduct?

Code of Conduct Signup and view all the answers

What is the consequence for learners who arrive late for class according to the school rules?

They will not be allowed entry to the classroom for the duration of the lesson. Signup and view all the answers

What is the punishment for learners who cheat in an assignment or test according to the school rules?

They will be expelled by the Governing Body. Signup and view all the answers

Can a teacher use corporal punishment on a child if the parent has given permission?

No, corporal punishment is prohibited in all cases. Signup and view all the answers

What is the purpose of the uniform demerits issued by a RCL member?

To monitor and correct uniform irregularities. Signup and view all the answers

What is the consequence for learners who do not complete their homework according to the school rules?

They will have to attend four break detentions. Signup and view all the answers

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?

Yes, as long as the parents and SGB have given consent. Signup and view all the answers

What is the consequence for learners who have their phones confiscated during school hours?

They will have to pay a fine of R10,00 on the first occasion and R20,00 thereafter. Signup and view all the answers

What is the purpose of the school rules regarding learner behavior?

To maintain discipline and order in the school. Signup and view all the answers

What is the key principle of the concept of 'Audi alteram partem'?

No person should be judged without a fair hearing. Signup and view all the answers

What is the primary purpose of Section 10 of the SASA?

To prohibit corporal punishment in schools. Signup and view all the answers

What is the term for acting outside of one's legal authority or beyond one's mandate?

Ultra vires Signup and view all the answers

Which of the following is a legal framework related to learner misconduct?

SASA Signup and view all the answers

What is the primary consideration when determining the reasonableness of a disciplinary action?

Whether the action serves a legitimate public interest. Signup and view all the answers

Who has the authority to discipline learners, according to the SASA?

School authorities Signup and view all the answers

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.