Lesson 10 - NEPA & Religion in schools (1).pptx

Education Law & Policy: National Education Policy Act WEEK 4: 30 APRIL LESSON 10  What is NEPA?  Preamble: “WHEREAS it is necessary to adopt legislation to facilitate the democratic transformation of the national system of education into one which serves the need...

Education Law & Policy: National Education Policy Act WEEK 4: 30 APRIL LESSON 10  What is NEPA?  Preamble: “WHEREAS it is necessary to adopt legislation to facilitate the democratic transformation of the national system of education into one which serves the needs and interests of all the people of South Africa and upholds their fundamental rights”  Section 2 - Objectives Gives the Minister of Basic Education the power:  To determine national education policy  To consult with various stakeholder bodies prior to determining policy (and establish certain bodies for such consultation)  To ensure publication and implementation of national education policy  To ensure the evaluation and monitoring of education policy  Subsection 3(4) “…The Minister shall determine national education policy for the planning, provision, financing, co- ordination, management, governance, programmes, monitoring, evaluation and well-being of the education system and, without derogating from the generality of this section, may determine national policy for - …” The Minister may determine national policies for: ◦ Education management information systems ◦ Organisation, management and governance of the national education system ◦ Facilities, finance, and development plans for education ◦ Innovation, research and development ◦ Ratio between educators and students ◦ Theprofessional education and accreditation of educators  The Minister may also determine national policies for: Organisation, management, governance, funding, establishment & registration of education institutions Compulsory school education Admission of students to education institutions Dates of school terms Hours per day and days per year in which education shall be provided  The Minister may also determine national policies for: Curriculum frameworks, core syllabuses, education programs, learning standards, exams & the certification of qualifications Language in education Control and discipline of learners at education institutions Education support services Co-operation between the DBE and other stakeholders International relations & executive functions required to implement national education policy  Directive Principles of national education policy (S4) National policies must be directed towards:  The advancement and protection of fundamental rights guaranteed in the Bill of Rights, and in terms of international conventions SA has ratified, and in particular, the right:  of every person to be protected against unfair discrimination within or by an education department or education institution on any ground whatsoever;  of every person to basic education and equal access to education institutions  of a parent or guardian in respect of the education of his or her child or ward  of every child in respect of his or her education  of every learner to be instructed in the language of his or her choice where this is reasonably practicable  Directive Principles of national education policy  of every person to the freedoms of conscience, religion, thought, belief, opinion, expression and association within education institutions;  of every person to establish, where practicable, education institutions based on a common language, culture or religion, as long as there is no discrimination on the ground of race;  of every person to use the language and participate in the cultural life of his or her choice within an education institution  Further directives:  Policy must enable the education system to contribute to the full personal development of each learner, and the moral, social, cultural, political and economic development of the nation at large, advance democracy, human rights and the peaceful resolution of disputes.  Achieve equitable education opportunities & redress past inequalities,  Ensure that no one is denied an opportunity to receive an education to the maximum of their ability as a result of physical disability  Providing opportunities for, and encouraging, life - long learning  Encouraging independent and critical thought (not the exhaustive list)  Obligations to consult (S5)  Policy shall be determined by the Minister after consultation with appropriate consultative bodies, and with the Council. Who is the Council? The Council of Education Ministers (CEM) consists of the following:  Minister of Basic Education (Chairperson)  Deputy Minister  Heads of Provinces (MECs)  Director-General  Chairpersons of the Parliamentary Portfolio Committees (NA & NCOP)  Obligations to consult  Policy is determined by the Minister together with the Minister of Finance if it involves spending state money.  The Minister has a discretion to consult with whomever they wish for advice on the determination of national education policy.  Also obligations to consult in respect of legislation and regulations.  Publication of the Policy 21 days after determining policy Minister gives notice in the Government Gazette and indicates where the policy instrument may be obtained; tables the policy in Parliament within 21 days after the notice has appeared in the Gazette. Examples of national policies already published National Policy on an Equitable Provision of an Enabling School Physical Teaching and Learning Environment Policy on Learner Attendance Policy for Determining the School Calendar Policy on the Organisation, Roles and Responsibilities of Education Districts Thank you Education Law & Policy: National Policy on Religion in Education WEEK 4: 30 APRIL LESSON 10 Minister’s foreword: “As a democratic society with a diverse population of different cultures, languages and religions we are duty bound to ensure that through our diversity we develop a unity of purpose and spirit that recognises and celebrates our diversity. This should be particularly evident in our public schools where no particular religious ethos should be dominant over and suppress others. Just as we must ensure and protect the equal rights of all students to be at school, we must also appreciate their right to have their religious views recognised and respected.” The Policy is neither negative nor hostile towards any religion or faith and does not discriminate against anyone. Rather it displays a profound respect towards religious faith and affirms the importance of the study of religion and religious observances.  National Policy on Religion and Education Policy considers 4 possible models of structuring the relationship between religion and the State:  Theocratic model  Repressionist model  Separationist Model  Cooperative Model  Theocratic & repressionist model  “A theocratic model identifies the state with one particular religion or religious grouping. In some cases, this model has resulted in a situation in which the state and religion become indistinguishable…”  “ A repressionist model is based on the premise that the state should act to suppress religion. In such a model, the state would operate to marginalise or eliminate religion from public life…”  Separationist & co-operative models  In a separationist model - “the secular state … attempts to completely divorce the religious and secular spheres of a society.”  “In a co-operative model, both the principle of legal separation and the possibility of creative interaction are affirmed. Separate spheres for religion and the state are established by the Constitution, but there is scope for interaction between the two.”  DBE’s approach  “In regard to the relationship between religion and public education, we propose that the cooperative model which combines constitutional separation and mutual recognition, provides a framework that is best for religion and best for education in a democratic South Africa.”  Values underpinning the policy  This policy for the role of religion in education flows directly from the Constitutional values of citizenship, human rights, equality, freedom from discrimination, and freedom for conscience, religion, thought, belief, and opinion.  On the one hand, the Constitution guarantees freedom of and for religion, and citizens are free to exercise their basic right to religious conviction, expression, and association. On the other hand, by ensuring equality in the enjoyment of all the rights, privileges, and benefits of citizenship, the Constitution explicitly prohibits unfair discrimination on grounds that include religion, belief, and conscience.  National Policy on Religion and Education  Religion Education  Religious Instruction  Religious Observance  Religion Education  Religion Education is a curricular programme with clear and age-appropriate educational aims and objectives, for teaching and learning about religion, religions, and religious diversity in South Africa and the world.  The study of religion must serve recognisable educational goals that are consistent with the aims and outcomes of other learning areas, and like other learning areas in the curriculum, programmes in Religion Education must contribute to developing basic skills.  Schools are responsible for Religion Education (LO) and should not promote one single religion but pursue a balanced approach to learning about religion.  Who should teach Religion Education?  An appropriately trained professional educator registered with the South African Council of Educators (SACE).  Representatives of religious organisations who are registered with SACE.  Occasional guest facilitators from various religions may be used, provided that this is done on an equitable basis. Such guest facilitators need not be registered with SACE, since they and the class remain under the authority of the teacher. Religious organisations are therefore encouraged to explore ways in which schools, especially poorly resourced schools and those in remote areas, could also have access to such guest facilitators.  Religious Instruction  Religious instruction is information on a particular faith or belief, with the purpose of deepening an understanding and adherence to that faith or belief.  The responsibility of the home, family and the religious community.  Religious observance What is a religious observance?  Voluntary public occasions, which make use of school facilities, for a religious service on a day of worship or rest  Voluntary occasions when the school community (teachers and pupils) gather for a religious observance  Observances held in a voluntary gathering of pupils and/or teachers during a school break; and  an observance which may be ongoing, and entail other dimensions such as dress, prayer times and diets, which must be respected and accommodated in a manner agreed upon by the school and the relevant faith authorities.  Section 7 of SASA Subject to the Constitution and any applicable provincial law, religious observances may be conducted at a public school under rules issued by the governing body if such observances are conducted on an equitable basis and attendance at them by learners and members of staff is free and voluntary.  Section 15 of the Constitution Freedom of religion, belief and opinion: 1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion. 2) Religious observances may be conducted at state or state-aided institutions, provided that- (a) those observances follow rules made by the appropriate public authorities; (b) they are conducted on an equitable basis; and (c) attendance at them is free and voluntary.  Religious Observances  Based on decision of the SGB  On Equitable Basis  Free and Voluntary  SGB’s must decide  SGBs are required to determine the nature and content of religious observances for teachers and pupils.  It may also determine that a policy of no religious observances be followed.  Where religious observances are held, these may be at any time determined by the school, and may even be part of a school assembly, but where a religious observance is organised, as an official part of the school day, it must accommodate and reflect the multi-religious nature of the country in an appropriate manner.  What does “equitable” mean? Some examples may include:  The separation of learners according to religion, where the observance takes place outside of the context of a school assembly, and with equitably supported opportunities for observance by all faiths, and appropriate use of the time for those holding secular or humanist beliefs;  Where a religious observance is included in a school assembly, pupils may be excused on grounds of conscience from attending a religious observance component, and equitable arrangements must be made for these pupils.  Rotation of opportunities for observance, in proportion to the representation of different religions in the school;  Selected readings from various texts emanating from different religions;  The use of a universal prayer; or  A period of silence. Not an exhaustive list. But … Where the segregation of pupils occurs, a school must consider the impact of peer pressure on children, and its negative influence on the willingness of children to be identified as “different”.  Conclusion “The policy is designed to support unity without uniformity and diversity without divisiveness. Our public schools cannot establish the uniformity of religious education in a single faith or the divisiveness of religious education through separate programmes for a prescribed set of faiths. Neither course would advance unity in diversity. In any event, as we have established, our schools are not in the business of privileging, prescribing, or promoting any religion. Schools have a different responsibility in providing opportunities for teaching and learning about our religious diversity and our common humanity.” Thank you