Policy and Legislation in the Public Education Sector
COURSE OUTLINE |
PAGE | ||
| 1 | INTRODUCTIONS | 1 |
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| 2 | THE BILL OF RIGHTS | 8 |
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| 2.1 | Implications of the Bill of Rights for the Education Sector | ||
| 2.2 | Limitation of Rights | ||
| 2.3 | Some exercise in the Education Sector | ||
| 3 | FUNCTIONING OF GOVERNMENT | 22 |
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| 3.1 | Tiers of Government | ||
| 3.2 | Separation of Powers | ||
| 3.3 | Legislation, Regulations and Policy | ||
| 3.4 | The status of circulars | ||
| 3.5 | Co-operative Government and conflict between spheres of Government | ||
| 3.6 | Education - whose competence | ||
| 3.7 | Exercises | ||
| 3.8 | Balancing competing rights | ||
| 4 | LEGISLATIVE FRAMEWORK | 51 |
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| 4.1 | Overview of legislative framework | ||
| 5 | PROMOTION OF ADMINISTRATIVE JUSTICE ACT | 54 |
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| 5.1 | Introduction | ||
| 5.2 | Overview | ||
| 5.3 | What is the Administrative Act | ||
| 5.4 | Identifying elements of procedural fairness | ||
| 5.5 | Furnishing reasons | ||
| 5.6 | Grounds for Review | ||
| 5.7 | Case Study | ||
| 6 | PROMOTION OF EQUALITY AND PROHIBITION OF DISCRIMINATION ACT | 79 |
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| 6.1 | Purposes and application | ||
| 6.2 | Fair and unfair discrimination | ||
| 6.3 | Direct and indirect discrimination | ||
| 6.4 | Exercise on discrimination | ||
| 7 | PROMOTION OF ACCESS TO INFORMATION ACT | 94 |
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| 7.1 | Purposes of the Act | ||
| 7.2 | When and to who is the Act applicable? | ||
| 7.3 | What is a record? | ||
| 7.4 | Procedure | ||
| 7.5 | Reasons for reversal | ||
| 7.6 | Exercises | ||
| 7.7 | Overview | ||
| 8 | NATIONAL EDUCATION POLICY ACT - EDUCTATION POLICY ACT (GAUTENG) | 112 |
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| 8.1 | Purpose of the Act | ||
| 8.2 | National policy on HIV Aids | ||
| 9 | SOUTH AFRICAN SCHOOLS ACT - GAUTENG SCHOOLS ACT | 124 |
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| 9.1 | Relationship between the Acts | ||
| 9.2 | The structure and purpose of the SA Schools Act | ||
| 9.3 | Learners | 129 |
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| 9.3.1 | Admission | ||
| 9.3.2 | Language | ||
| 9.3.3 | Religion | ||
| 9.3.4 | Code of Conduct, suspension, corporal punishment | ||
| 9.3.5 | Representative council of learners | ||
| 9.4 | Governing Bodies | 173 |
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| 9.4.1 | Membership of a Governing Body | ||
| 9.4.2 | The election of Governing Bodies | ||
| 9.4.3 | How do Governing Bodies function | ||
| 9.4.4 | The legal status of Governing Bodies | ||
| 9.4.5 | Functions of all Governing Bodies | ||
| 9.4.6 | Allocated functions of Governing Bodies (Section 21) | ||
| 9.4.7 | The difference between professional management and governance | 207 |
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| 9.4.8 | Building the capacity of School Governing Bodies in relation to policy | ||
| 9.5 | Financial Aspects | ||
| 9.5.1 | Overview | ||
| 9.5.2 | National Norms and Standards of School Funding: State Subsidy | ||
| 9.5.3 | National Norms and Standards of School Funding: School Fees | 230 |
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| 9.5.4 | Funds raised in terms of Section 36 | ||
| 9.5.5 | Specific financial responsibilities of Governing Bodies | ||
| 9.6 | Staffing Aspects | ||
| 9.6.1 | Relevant legislation | ||
| 9.6.2 | Different categories of staff | ||
| 9.6.3 | Appointment of State funded educators | ||
| 9.6.4 | Discussion of appointment problems | ||
| 9.6.5 | Appointment of educators by Governing Bodies | ||
| 9.6.6 | South African Council of Educators | ||
| 9.6.7 | Performance management of staff | ||
| 10 | CONSOLIDATION OF THEMES | 254 |
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| 10.1 | Roleplay on HIV/Aids | ||
| 10.2 | Card Game | ||
| 10.3 | Learner conduct roleplay | ||
| 10.4 | Discrimination roleplay | ||