Lesson 5 - SASA - School Governance (1) (1).pptx

Education Law & Policy The South African Schools Act – Part 2 WEEK 2: 16 APRIL LESSON 6 Provision of Public Schools - Section 12  12 (1) The Member of the Executive Council must provide public schools for the education of learners out of funds appropriated for this purpose by th...

Education Law & Policy The South African Schools Act – Part 2 WEEK 2: 16 APRIL LESSON 6 Provision of Public Schools - Section 12  12 (1) The Member of the Executive Council must provide public schools for the education of learners out of funds appropriated for this purpose by the provincial legislature. (2) The provision of public schools referred to in subsection (1) may include the provision of hostels for the residential accommodation of learners. (3) (a) A public school may be –  (i) an ordinary public school;  (ii) a public school for learners with special education needs.  (iii) A public school that provides education with a specialised focus on talent, including sport, performing arts or creative arts. (b) Subject to the relevant provisions of this Act, the Minister must determine norms and standards for school funding and norms and standards for governance and educator provisioning for public schools contemplated in paragraph (a)(iii). Status of a Public School - Section 15 “Every public school is a juristic person, with legal capacity to perform its functions in terms of this Act.” Juristic person? Not a natural person (human being), that is a bearer of rights, is given legal personality e.g. A company/ organisation, as well as a public school. Can make (limited) legal decisions in its own right)  Governance and Professional Management of Public Schools - Section 16 1) Subject to this Act, the governance of every public school is vested in its governing body and it may perform only such functions and obligations and exercise only such rights as prescribed by the Act. 2) A governing body stands in a position of trust towards the school. 3) Subject to this Act, and any provincial law, the professional management of a public school must be undertaken by the principal under the authority of the Head of Department.  Functions & Responsibilities of the Principal at a Public School - Section 16A (1) (a) The principal of a public school represents the Head of Department in the governing body when acting in an official capacity as contemplated in s. 23 (1) (b) and s. 24 (1) (j). (b) - (c) The principal has specific reporting obligations, and must prepare school improvement plans  Functions & Responsibilities of the Principal at a Public School - Section 16A (2) The principal must: (a) In undertaking the professional management of a public school…carry out duties which include, but are not limited to: (i) The implementation of all the educational programmes and curriculum activities; (ii) The management of all educators and support staff (iii) The management of the use of learning support material and other equipment (iv) The performance of functions delegated to him or her by the HoD in terms of this Act; (v) The safe keeping of all school records (vi) The implementation of policy and legislation  Functions & Responsibilities of the Principal at a Public School - Section 16A  The principal also supports the SGB with a range of other activities (see section 16A(2) (b), (c),(d),(f), (h),(i), (j) and (k)  But this assistance is not in conflict with instructions the principal may receive for the HoD.  Constitution of the Governing Body - Section 18 (1) … the governing body of a public school must function in terms of a constitution which complies with the minimum requirements determined by the MEC by notice in the provincial gazette. (2) A constitution contemplated in subsection (1) must provide for -  a meeting of the SGB at least once every school term (4 per year);  meetings of the SGB with parents, learners, educators and other staff at the school, respectively, at least once a year (AGM);  Recording and keeping minutes of SGB meetings  making available such minutes for inspection by the HoD;  rendering a report on its activities to parents, learners, educators and other staff of the school at least once a year. (3) The governing body must submit a copy of its constitution to the HoD within 90 days of its election.  Functions of All Governing Bodies - Section 20 (1) … governing body of a public school must - a) promote the best interests of the school and strive to ensure its development through the provision of quality education for all learners at the school; b) adopt a constitution; c) develop the mission statement of the school; d) adopt a code of conduct for learners at the school; (consultative process) e) support the principal, educators and other staff of the school in the performance of their professional functions; eA) … adhere to any actions taken by the HOD in terms of section 16 of the EEA to address the incapacity of a principal or educator to carry out his or her duties - effectively.  Functions of All Governing Bodies of Public Schools - Section 20 (f)Determine the times of the school day consistent with any applicable conditions of employment of staff at the school (g) Administer and control the school's property, and buildings and grounds occupied by the school, including school hostels,... (h) Encourage parents, learners, educators and other staff at the school to render voluntary services to the school; (i) Recommend to the Head of Department the appointment of educators at the school, subject to the EEA and the LRA; (j) Recommend to the Head of Department the appointment of non-educator staff at the school; (jA) … (k) Allow the reasonable use under fair conditions determined by the HoD of the facilities of the school for educational programmes not conducted by the school; ….  Functions of All Governing Bodies of Public Schools - Section 20 (2)The governing body may allow the reasonable use of the facilities of the school for community, social and school fundraising purposes, subject to such reasonable and equitable conditions as the governing body may determine, which may include the charging of a fee or tariff which accrues to the school. (4)... a public school may establish posts for educators and employ educators additional to the establishment determined by the MEC … (7) A public school may only employ an educator in a post established in terms of subsection (4) if such educator is registered as an educator with the South African Council of Educators.  Functions of All Governing Bodies of Public Schools - Section 20 (8) The staff contemplated in subsections (4) and (5) must be employed in compliance with the basic values and principles referred to in section 195 of the Constitution and the factors to be taken into account when making appointments include but are not limited to - a) the ability of the candidate; b) the principle of equity; c) the need to redress past injustices; and d) the need for representivity.  Section 195 of the Constitution – Basic Values & Principles of the Public Administration Public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles: (a) A high standard of professional ethics must be promoted and maintained. (b) Efficient, economic and effective use of resources must be promoted. (c) Public administration must be development-oriented. (d) Services must be provided impartially, fairly, equitably and without bias. (e) People’s needs must be responded to, and the public must be encouraged to participate in policy making. (f) Public administration must be accountable. (g) Transparency must be fostered by providing the public with timely, accessible and accurate information. (h) Good human-resource management and career-development practices, to maximise human potential, must be cultivated. (i) Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation.  Allocated Functions of Governing Bodies - Section 21 (1) … A governing body may apply to the HoD in writing to be allocated any of the following functions : (a) To maintain and improve the school's property, and buildings and grounds occupied by the school, including school hostels, if applicable; (b) To determine the extra-mural curriculum of the school and the choice of subject options in terms of provincial curriculum policy; (c) To purchase textbooks, educational materials or equipment for the school; (d) To pay for services to the school; (dA) To provide an adult basic education and training class or center subject to any applicable law; e) other functions consistent with this Act and any applicable provincial law. Withdrawal of functions from governing bodies 15 - Section 22 (1)The Head of Department may, on reasonable grounds, withdraw a function of a governing body. See subsection (2) - The HoD cannot take action unless certain conditions have been fulfilled. See sub-section (3) - Removal of power in cases of urgency Question: Why might the HOD want to withdraw a function of an SGB? Membership of governing body of ordinary public 16 school - Section 23 (1) Subject to this Act, the membership of the governing body of an ordinary public school comprises - (a) elected members; (b) the principal, in his or her official capacity; (c) co-opted members. (2) Elected members of the governing body shall comprise a member or members of each of the following categories : a) Parents of learners at the school; b) Educators at the school; c) Members of staff at the school who are not educators; and d) Learners in the 8th or higher at the school.  17 Failure by governing body to perform functions - Section 25 (1) If the Head of Department determines on reasonable grounds that a governing body has ceased to perform functions allocated to it in terms of this Act or has failed to perform one or more of such functions, he or she must appoint sufficient persons to perform all such functions or one or more of such functions, as the case may be, for a period not exceeding three months.  18 S.26 Recusal by members of governing body S. 27 Reimbursement of members of governing body S. 28 Election of members of governing body S. 29 Office-bearers of governing bodies S. 30 Committees of governing body S. 31 Term of office of members and office-bearers of governing bodies S. 32 Status of minors on governing bodies of public schools S. 33 Closure of public schools  Prohibition of political activities during 19 school time - Section 33 A (1)No party-political activities may be conducted at school during school time determined by the governing body of the school in terms of section 20(1)(f). (2)The party-political activities contemplated in subsection (1) include, but are not limited to - campaigning, conducting rallies, distributing pamphlets or fliers, hanging banners (3)A member of a political party may not, for the purposes of conducting party-political activities, encroach on school time. (4)A school may not allow the display of material of a party-political nature on its premises unless such party-political material is related to the curriculum at the school.  Questions to think about… Questions (Thanks to Dr Cereseto) 1. Should a school’s Code of Conduct prohibit learners from wearing party-political T- shirts at school? 2. May an SGB close the school for a week while teachers are protesting against the appointment of a particular person as the new principal? 3. May the Principal decide to close school at 13:00 instead of 14:30 on Fridays for the rest of the school year? 4. May the HOD instruct the Principal to do something that is against the SGB’s ratified policy on a particular matter? 5. May the Principal refuse to carry out the instruction? 6. What must the HOD or the Principal do if they know that a SGB policy conflicts with higher legislation? The operation of important principles  Participatory democracy  Democratisation of Education  Co-operative Governance (Ermelo case) Yusuf Sayed “Discourses of the policy of educational Decentralisation in South Africa since 1994” Johan Beckman “The emergence of self-managing schools in South Africa” Thank you