Proposed Amendments to Western Cape Provincial School Education Act, 1997

24 August 2016  

It is a trite but vital statement that a child only has one opportunity to be in school.  It is therefore crucial to ensure that every child has the best possible education that we can give them, or they miss out on it for life.

Now that I have been in office for just over two years, I have identified a number of issues that I would like to address, and which I believe will enhance our educational performance in the Western Cape.  These require amendment of legislation, either to provide for new policy, or to clarify and expand on existing legislation.

As a provincial government we have identified accountability, transparency and innovation as important attributes, and our legislation also needs to reflect this.  To this end, I am publishing tomorrow, for public comment, a draft Western Cape Provincial School Education Amendment Bill.

There are six core policy decisions  in this Bill.

The first provides for the establishment of a Provincial Schools Evaluation Authority.  This Authority will conduct independent assessments at schools to assess performance on a range of criteria.  This is a refinement of the existing “Whole School Evaluation process”, with clear focus on a smaller set of criteria that make a meaningful difference in education, especially the quality of teaching and learning in the classroom.  The results will be publicised to promote greater transparency and accountability.  This model is still in the process of development, and the tools and criteria will be discussed with stakeholders in the near future.  Once we have finalised it, we will provide more detail.

The second amendment is the creation of “intervention facilities” where learners can be referred to  as an alternative sanction to expulsion  in disciplinary processes.  We have over the years sent some learners to a facility at Die Bult in George where they have received interventions.  In a number of cases, learners  have been successfully reintegrated into their schools. 

It is senseless to me that we have to expel learners in some cases, but they still have to receive education.  What happens in practice is that expelled learners are accommodated in another school.  This simply transfers the problem from one school to another.  Establishing an intervention facility as an alternative, will enable the learner to receive various appropriate interventions for their situation, whilst still receiving an education.  This will have to be done with the consent of their parents.

The Bill provides for these facilities to be established within available budget, so they will have to be rolled out over time as budget allows.  However, I am hoping to start one by next year.  It is important, though, to establish the legal foundation for such a facility and the right of governing bodies  to provide for this as a sanction.    

Thirdly, we are providing in more detail for our Collaboration School model, and for donor-funded public schools.  This will allow for better regulation as well as for the department to compel a school to become a Collaboration School, if it is in the interests of learners.  The intention is for this approach to be used in the case of underperforming schools.

Fourthly, we are addressing the extremely restrictive legislation regarding alcohol on school premises.  The current situation is so restrictive that if a principal wishes to take educators  out for an event off school premises where any alcohol is consumed, they are falling foul of the law.  In addition, I have had complaints from schools who wish to engage in fundraising activities where alcohol is sold or consumed, but this is against the law.

I am obviously acutely aware of the huge problem we face of alcohol abuse, and this is not to be seen as condoning the abuse of alcohol in any way.  However, I do believe that we need to make it easier for schools to be in a position to have adult functions where alcohol may be consumed and/or sold.

The proposed amendment is to allow for the principal or governing body  to approve the sale or use of alcohol on school premises, but strictly subject to the provisions of the Western Cape Liquor Act and any conditions set by the governing body or principal.  It will be up to the school if they wish to do this or not, and I trust it will be exercised responsibly.

Fifthly, I am also providing for the possibility of making regulations relating to the promotion and progression of learners.  The national progression policy has caused some concern for us, as it appears to have given learners the idea that they do not have to work or attend school regularly, as they will simply be progressed to the next grade if they fail more than once in a phase.  Minister Motshekga has made some welcome changes to the regulations governing this, but only in respect of the FET phase.  I would like to explore the possibility of passing provincial regulations that will compel schools to ensure that learners actually achieve the required pass marks before they are progressed.

Finally, we are providing for improved monitoring and support of curriculum delivery.  This will provide for monitoring and support of an educator in the classroom, and for principals in schools.

It is my hope that these amendments will contribute to improving education.  There will now be a period of consultation with stakeholders, role-players and an opportunity for public comment until 23 September 2016.

Issued by Jessica Shelver, Spokesperon to Western Cape Minister of Education, 24 August 2016