20 Questions
Under what condition can a learner be suspended from a public school?
On reasonable grounds and as a precautionary measure
Who has the authority to expel a learner from a public school?
The Head of Department
What is prohibited in a public school according to Section 10?
Administration of corporal punishment
What is an example of corporal punishment?
Hitting with a hand or an object
What is prohibited in a public school according to Section 10A?
Initiation practices
What is the consequence of contravening the prohibition of corporal punishment?
Sentence for assault
What is the requirement for a learner in disciplinary proceedings?
The learner must be accompanied by their parent or a designated person
What is the basis for a random search of learners at school?
A fair and reasonable suspicion that a dangerous object or illegal drug may be found on school premises
What must be considered when conducting a search of learners at school?
All relevant factors, including the best interest of the learners, their safety, and reasonable evidence of illegal activity
How must a search of learners at school be conducted?
In a manner that is reasonable and proportionate to the suspected illegal activity
What is the purpose of a random search and seizure at school?
To find and confiscate dangerous objects or illegal drugs
What is the requirement for a search of learners' property at school?
A fair and reasonable suspicion has been established
What was the outcome of the Phakamisa High School case regarding undocumented learners?
The Circular stopping funding of undocumented learners was declared invalid.
According to Circular 1 of 2020, what is true for schools nationwide?
Schools must accept learners without ID documents with alternative proof of identity.
What is the purpose of Section 5A of the Norms and Standards for Basic School Infrastructure?
To regulate school infrastructure and capacity.
What can the Minister determine regarding language policy in public schools?
Norms and standards for language policy in public schools.
What is the result of the Phakamisa High School case for learners already admitted to school?
Schools cannot remove or exclude them due to lack of ID documents.
What is an alternative to a birth certificate that a learner can provide to a school?
A sworn affidavit from a parent or guardian.
What is the significance of Clause 15 and 21 of the policy?
They are provisions from a policy, but not laws.
What is the result of the court order on the National Admission policy?
The policy is amended to include the court order.
Study Notes
Suspension and Expulsion
- The governing body may suspend a learner suspected of serious misconduct, but only after giving the learner a chance to make representations.
- A learner can only be expelled by the Head of Department, after being found guilty of serious misconduct following disciplinary proceedings.
Prohibition of Corporal Punishment
- No person may administer corporal punishment to a learner at school.
- Corporal punishment includes bodily harm, such as hitting, kicking, grabbing, scratching, and more.
- Parental consent is irrelevant; corporal punishment is prohibited.
Prohibition of Initiation Practices
- No person may conduct or participate in initiation practices against a learner at a school or hostel.
Code of Conduct
- A learner must be accompanied by a parent or designated person during disciplinary proceedings, unless good cause is shown.
Random Search and Seizure
- The principal or delegate may conduct random searches of learners or their property if there is a fair and reasonable suspicion of dangerous objects or illegal drugs.
- The search must be conducted in a manner that is reasonable and proportionate to the suspected illegal activity.
Phakamisa High School Case
- The Eastern Cape Circular stopping funding of undocumented learners was declared invalid.
- All children, regardless of documentation, must be admitted to schools, and alternative proof of identity may be accepted.
- Schools cannot remove or exclude learners without documentation.
Norms and Standards for Basic School Infrastructure
- The Minister may prescribe minimum uniform norms and standards for school infrastructure, capacity, and learning materials.
Language Policy of Public Schools
- The Minister may determine norms and standards for language policy in public schools, after consulting with the Council of Education Ministers.
This quiz covers the rules and regulations of suspension and expulsion of learners from public schools, including the roles of the governing body and Head of Department.
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