Send kids to school or else

INDEPENDENT NEWSPAPERS

Julia Naidoo does a last bit of stationery shopping for her daughter in Cresta, Joburg, and is unaware of the new legislation that could see parents facing jail time for their childrens absenteeism from school. Photo: Timothy Bernard

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Make sure your children go to school this year – or you could face a term in jail.

Gauteng has rewritten its education laws to encourage parents to get their children to school by threatening defaulters with a possible jail sentence.

In terms of the old Gauteng law, parents who didn’t have a reasonable excuse for failing to send their children to school faced a possible punishment of a fine or up to three months in jail. Now it has been changed to a fine or a sentence of a minimum of three months and a maximum of six months in jail.

The change is contained in the Gauteng Education Laws Amendment Act, gazetted at the end of December, which amends three Gauteng education laws.

This is the bit that parents of truants should note: if a parent of any pupil who is subject to compulsory school attendance fails without reasonable cause, and after a written warning by the head of department, to cause such pupil to attend an appropriate school regularly, “he or she shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a minimum of three months”.

A further section refers to the same offence, resulting in a fine or imprisonment “for a period not exceeding six months”.

Although the amendment is not clear, Gauteng Department of Education spokesman Charles Phahlane confirmed the increase in the possible jail time. “What it means is that a person who fails to comply with this provision may be imprisoned for a period of between three and six months,” he said.

The amendment is mainly intended to align Gauteng’s education laws with national legislation.

It contains various other changes to Gauteng education laws.

Control of education in Gauteng moves from the department “acting in accordance with the policy determined by the member of the executive council” to the MEC.

The update removes the term “Model C school”, which used to be defined as “a state-aided school as defined in the Education Affairs Act (House of Assembly)”. The commonly understood reference was that these were schools in formerly whites-only areas.

Out too are the terms “farm school”, “state school”, “state-aided school” and “negotiating forum”. Schools are now defined as “public schools” or “independent schools”, in line with national standards.

There are also new definitions of pupils, parents, teachers (or educators in terms of the legislation’s wording) and principals. Pupils are now “any person receiving education or obliged to receive education in terms of this act”.

The amendment notes the illegality of discriminating against pupils whose fees haven’t been paid. “In some instances, pupils are embarrassed at assembly for their parents’ failure to pay school fees. While it may be infrequent, it is completely not acceptable,” Phahlane said.

Pupils whose fees have not been paid may not be suspended from classes or denied access to school activities. They may not be denied access to the school nutrition programme if they qualify. They may also not be denied a school report or the right to write tests or exams. – The Star