1. Can a learner be refused access to a school or have his/her report withheld if his/her parents have not paid the fees being claimed by the school?

No. Section 5(3) of the SASA says that no learner can be denied access to a school where his/her parents have not paid the fees determined by the school governing body.

Section 5 (1) of the Schools Act requires a school to serve its learners’ educational interests without unfairly discriminating in any way. The Department of Education acknowledges that unfair discrimination includes treating learners whose parents have not paid school fees less favourably than those whose parents have paid. This is so even if you have not paid school fees when you have not been exempted from doing so.

Section 10 of the Admission’s Policy to Ordinary Schools also ensures that the school should not interfere with a learner’s educational activities in any other way such as the withholding of a learners report where parents are unable to or have not paid school fees.


2. What should a parent do if she/he cannot afford to pay school fees?

The parent must ensure s/he has received a copy of that school’s exemption policy. The parent must follow the procedures set out in the school policy? If the application is rejected, the parent must appeal the rejection to the Head of the Department of Education in the Province. See Sections 4 &7 of the Policy for Exemption from School Fees.


3. When is a parent likely to qualify for an exemption?

If what s/he earns in a year in less than the school fees for the year x 10, the parent should be fully exempted. If what s/he earns in a year in less than the school fees for the year x 30, the parent should be partially exempted.

See: Section 3 of the Policy for Exemption from School Fees.


4. What can a community do if they cannot afford to pay school fees?

The parents at a school can organise amongst each and together ensure that they have a majority resolution that is in keeping with what they can afford. In terms of Section 39 SASA, school fees may be determined and charged at a school only if a resolution to do so has been adopted by the majority of parents attending an annual general meeting of parents at the school.


5. Can a school sue a parent for school fees?

Yes it can but if it does it cannot exclude the learner from any of the school activities. However, a school may only sue for school fees:

• The fees at the school were lawfully determined at the annual general meeting of the school.
  
• The school governing body has notified all parents in writing of the amount of fees charged at the school and the procedure for obtaining an exemption.

See Sections 38, 39, 40 of SASA and Section 4 of the Policy for Exemption from School Fees.

KNOW YOUR RIGHTS

payment of school fees

applying for admission to a school

language rights of learners