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1 POLICY HANDBOOK FOREDUCATORS commissioned by THE EDUCATIONLABOUR RELATIONS COUNCIL (ELRC)edited byCHRIS BRUNTON & ASSOCIATES Printed by Universal Print Group 2003 FIRST PUBLISHED 2003 Education LABOUR RELATIONS COUNCILISBN 0 620 30351 4 COPYRIGHT SUBSISTS IN THIS HANDBOOK. AS SUCH NO PART OF THIS HANDBOOK MAY BE REPRODUCED ORTRANSMITTED IN ANY FORM WHATSOEVER WITHOUT THE PUBLISHER S WRITTEN UNAUTHORISEDREPRODUCTION OF THIS HANDBOOK CONSTITUTES AN INFRINGEMENT OF THE COPYRIGHT LAW AND RENDERS THEPERSON LIABLE UNDER BOTH CRIMINAL AND CIVIL EVERY EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE MATERIAL PUBLISHED IN THISHANDBOOK,THE EDITORS,PUBLISHERS AND PRINTERS TAKE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGESUFFERED BY ANY PERSON AS A RESULT OF ANY RELIANCE ON THE INFORMATION CONTAINED HEREIN.

2 Set on 9 on 11 ArialINDEXSECTION 1: NATIONAL Education POLICY ACTx National Education Policy Act 27 A 2 x Admission Policy for Ordinary Public Schools .. A 9 x National Policy on HIV/AIDS for Learners and Educators in Public Schools and Students and Educatorsin Further Education and Training Institutions .. A 13 x Policy for the Registration of Learners for Home Education .. A 27 x National Policy on Instructional Time for School A 31 x Norms and Standardsfor Educators .. A 44 x Criteria for the Recognition and Evaluation of Qualifications for Employment in Education based on the Norms and Standards for Educators 2000 .. A 59 x National Policy for Designing School Calendars for Ordinary Public Schools in South Africa.

3 A 89 x National Policy on the Management of Drug Abuse by Learners in Public and Independent Schools andFurther Education and Training Institutions .. A 95 SECTION 2: SOUTH AFRICAN SCHOOLS ACTx South African Schools Act 84/1996 .. B 2 x Minimum Requirements of an Agreement between the Members of the Executive Council and the Ownerof the Private Property on which a Public School is Situated .. B 25 x Norms and Standards for Language Policy in Public 31 x Guidelines for the Consideration of Governing Bodies in Adopting a Code of Conduct for Learners .. B 35 x National Norms and Standards for School Funding .. B 41 x Exemption of Parents from the Payment of School Fees .. B 58 x Age Requirements for Admission to an Ordinary Public B 62 x Transfer of Funds and Other Movable Assets of the State to Public B 63 x Regulations for Safety Measures at B 65 x Regulations to Prohibit Initiation Practices in B 68 SECTION 3: EMPLOYMENT OF EDUCATORS ACTx Employment of Educators Act 76/1998.

4 C 2 x Terms and Conditions of Employment of Educators .. C 24 x Creation of Educator Posts in a Provincial Department of Education and the Distribution of such Posts to the Educational Institutions of sucha Department .. C 52 x Personnel Administrative Measures (PAM) .. C 58 SECTION 4: FURTHER Education AND TRAINING ACTx Further Education and Training Act 98/1998 .. D 2 SECTION 5: SOUTH AFRICAN COUNCIL OF EDUCATORS ACTx South African Council of Educators Act 31 E 2 x E 11 x Discipline E 13 x Code of ProfessionalEthics .. E 17 x Fees to be Paid .. E 19 SECTION 6: Education LABOUR RELATIONS COUNCIL (ELRC) x F 2 Schedule 1 Code of Conduct for Arbitrators and F 23 iii Education Labour Relations CouncilContentsSECTION 7: GENERAL LEGISLATIONx Bill of Rights.

5 G 2 x Labour Relations Act 66/1995 G 11 x Employment EquityAct 55/1998 extracts .. G 29 SECTION 8: GENERAL DOCUMENTSx Signposts for Safe H 2 x National Curriculum Statement Grades R 9 (2002) .. H 42 x Education Convention Declaration .. H 54 x Recommendations of the Convention .. H 56 x Contact Details .. H 60 Education Labour Relations Council iv SECTION 1: NATIONAL Education POLICY ACT 27 OF 1996 ContentsPageNational Education Policy Act 27 of 1996 ..A 2 Admission Policy for Ordinary Public Schools ..A 9 National Policy on HIV/AIDS for Learners and Educators in Public Schools and Students andEducators in Further Education and Training 13 Policy for the Registration of Learners for Home Education .

6 A 27 National Policy on Instructional Time for School Subjects ..A 31 Norms and Standardsfor 44 Criteria for the Recognition and Evaluation of Qualifications for Employment in Education based onthe Norms and Standards for Educators 59 National Policy for Designing School Calendars for Ordinary Public Schools in South Africa ..A 89 National Policy on the Management of Drug Abuse by Learners in Public and Independent Schoolsand Further Education and Training Institutions ..A 95A 1 Education Labour Relations CouncilNational Education Policy Act 27 of 1996 NATIONAL Education POLICY ACT 27 of 1996 [ASSENTED TO 16 APRIL, 1996] [AFRIKAANS TEXT SIGNED BY THE PRESIDENT][DATE OFCOMMENCEMENT: 24 APRIL, 1996] as amended byEducation Laws Amendment Act, No.

7 100 of 1997 Education Laws Amendment Act, No. 48 of 1999 ACTTo provide for the determination of national policy for Education ; to amend the National Policy for GeneralEducation Affairs Act, 1984, so as to substitute certain definitions; to provide afresh for the determination ofpolicy on salaries and conditions of employment of educators; and to provide for matters OF of of national Education policy by principles of national Education on national Education on of national Education and evaluation of of Education of Education Departments and remuneration of members of sub-committees and consultative functions of Council, Committee, and consultative of Act 76 of titlePreambleWHEREAS it is necessary to adopt legislation to facilitate the democratic transformation of the national system ofeducation into one which serves the needs and interests of all the people of South Africa and upholds theirfundamental rights.

8 BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa as this Act, unless the context indicates otherwise Committee means the Heads of Education Departments Committee established by section 10; consultative body means a consultative body contemplated in section 11; Council means the Council of Education Ministers established by section 9; Department means the Department of Education ; Director-General means the Director-General: Education ; Education Labour Relations CouncilA 2 National Education Policy Act 27 of 1996 Education means any Education and training provided by an Education institution, other than training asdefined in section 1 of the Manpower Training Act, 1981 (Act No. 56 of 1981); Education Department means the Department and a Department of any provincial government which isresponsible for Education ; Education institution means any institution providing Education , whether early childhood Education ,primary, secondary, further or Higher Education , other than a university or technikon, and also an institutionproviding specialised, vocational, adult, distance or community Education .

9 Educator means any person who teaches, educates or trains other persons at an Education institution orassists in rendering Education services or Education auxiliary or support services provided by or in an educationdepartment, but does not include any officer or employee as defined in section 1 of the Public Service Act, 1994(Proclamation No. 103 of 1994); Minister means the Minister of Education ; organised teaching profession means an organisation or union which is a member of the EducationLabour Relations Council established by section 6 of the Education Labour Relations Act, 1993 (Act No. 146 of1993), and is recognised by the Minister for the purposes of this Act; policy instrument means the policy instrument referred to in section 7; provincial political head of Education means the member of an Executive Council responsible foreducation in a province; school means a pre-primary, primary or secondary school; stakeholder means an organisation or body with a direct and continuing interest in the educationinstitution, programme, phase or sector in question; student means any person enrolled in an Education institution; sub-committee means a sub-committee of the Committee.

10 Objectives of objectives of the Act are to provide for (a) the determination of national Education policy by the Minister in accordance with certain principles;(b) the consultations to be undertaken prior to the determination of policy, and the establishment of certainbodies for the purpose of consultation;(c) the publication and implementation of national Education policy;(d) the monitoring and evaluation of of national Education policy by Minister3.(1) The Minister shall determine national Education policy in accordance with the provisions of the Constitutionand this Act. (2) In determining national policy for Education at Education institutions, the Minister shall take into account thecompetence of the provincial legislatures in terms of section 146 of the Constitution, and the relevantprovisions of any provincial law relating to Education .