If a learner’s application to a school for admission is unsuccessful, the school must inform parents and learners of their right to appeal against the decision of the school. Also, the school must provide full and proper reasons for the refusal of admission to parents and learners.

WHAT HAPPENS IF A CHILD IS REFUSED ACCESS TO A SCHOOL ON GROUNDS OF LANGUAGE?

Language cannot be used as a reason to refuse admission to learners. The language policy of the school must reflect that language or languages spoken by the learners and the school must show how it is promoting multilingualism. Government policy is clear on allowing all learners access to state schools. It also supports mother tongue instruction where this is possible. Some communities have successfully solved this matter by entering into negotiations with the school governing body.

When faced with a problem where a number of learners cannot access a school because of its language policy, paralegals or community workers can begin by finding out how many learners are without a school to attend in the community. They can then request a meeting with the Principal and the school governing body. The local Education District Office can also be approached to assist.

CAN A LEARNER BE REFUSED ADMISSION FOR FAILING TO PAY SCHOOL FEES?

The law says that no child can be refused admission to a school because their parents cannot afford to pay school fees. It is also illegal for the following to take place about fees:

• To charge registration fees or other advance payments from parents when admitting a learner to a school
• To send a learner home from school because of unpaid school fees
• To refuse to give the results of tests or exams if fees have not been paid.

The law says that the paying of fees is a matter between the SGB and the parent of the learner and not a matter between a learner, educators and/or principals. 

CAN A LEARNER BE REFUSED ADMISSION FOR BEING UNABLE TO AFFORD A UNIFORM, SCHOOL BOOKS OR A REGISTRATION FEE?

The ability to pay for school uniforms and books is not a condition for admission to a school. Schools are also not allowed to refuse to register learners who cannot pay a registration fee. (See No-fee and Fee-charging schools)

CAN A LEARNER BE DISCIPLINED FOR CULTURAL PRACTICES THAT ARE ‘AGAINST SCHOOL RULES’?

In the case of MEC for Education (KZN) v Navaneethum Pillay the Constitutional Court found that the refusal by a school to allow one of its pupils to wear a small gold nose stud (which she argued was part of her cultural heritage and identity) constituted unfair discrimination against the pupil on both a cultural and religious basis, and the school was ordered to let the pupil wear the nose stud.

CAN A DISABLED LEARNER BE REFUSED ADMISSION?

The law says that ‘learners with special education needs’ must in most cases have the chance to attend ordinary public schools. The school has to follow a process where the Head of Department (HOD) first consults parents and other educators to see if the learner can be admitted. This might include adapting some of the school’s facilities. If the school feels that they do not have the capacity to admit the learner then the law says the HOD must have the learner admitted at another suitable school in the province. Learners with special needs cannot simply be refused admission. These learners are governed by Sections 22–25 of the Admissions Policy for Ordinary Public Schools.

CAN A LEARNER BE REFUSED ADMISSION BECAUSE THEY ARE HIV POSITIVE?

Every learner has a right to be treated:

• In the same way as other learners
• With human dignity

Therefore no learner may be discriminated against on grounds of their HIV status.

There is a National Policy on HIV/AIDS for Learners and Educators which aims to respond to the wide variety of circumstances involving HIV/Aids in schools and to acknowledge the importance of SGBs, councils and parents in responding to this. Governing bodies are expected to implement the National Policy by developing and adopting an HIV/AIDS Implementation Plan. The National Policy deals with the following:

• Non-discrimination and equality with regard to learners and/or educators with HIV/AIDS
• HIV/AIDS testing and admission to schools and appointments of educators
• Attendance at schools by learners with HIV/AIDS
• Disclosure of information and confidentiality
• Creating a safe school environment to prevent risk of transmission of HIV/AIDS, particularly during play and sport
• Education of HIV/AIDS
• Duties and responsibilities of all learners, educators and parents
• Consequences of refusing to study with or teach a learner with HIV/AIDS, or to work with or be taught by an educator with HIV/AIDS
• School Implementation Plans
• Health advisory Committees

CAN A LEARNER BE REFUSED ADMISSION OR EXPELLED BECAUSE SHE IS PREGNANT?

A learner may not be refused admission to a school or expelled from a school because she is pregnant. The school principal and the school community should look at ways to support learners who are pregnant. The school is required to provide pregnant learners with health information.

The Constitutional Court ruled in 2013 that expelling a pregnant learner is against the law and undermines the right to education.