Induction for newly appointed principals and deputy principals

2: Understanding the legislative and policy frameworks

• Disney. (2011). Lion King: Remember who you are

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  This online synchronous meeting will take place on Date | Time. Attendance is compulsory.
  

• Introduction

  All schools are governed by laws, regulations and policies and therefore statutory and policy compliance is non-negotiable. School principals are required to lead and manage the schools within legal, regulatory and policy confines. The National Policy Education Act 1996 (Act No. 27 of 1996) provides a legislative framework for the education system in South Africa that is relevant, consistent and supports the demands of modern schooling.

  There are a variety of pieces of legislation, regulations and policy documents that directly affect the day-to-day practices in different areas of school operations, including teaching and learning. School principals and deputy principals need to familiarise themselves with the legislative, regulatory and policy environments within which they operate.

  As a newly appointed principal, you should have a sound understanding of the relevant acts, policies and regulations that govern public schools in South Africa, as they provide the purpose of schooling and a framework of how schools operate. You are always required to act in accordance with the supreme law of the country and all other relevant laws, regulations and policy documents.

• Learning outcomes

  By the end of this unit of study, participants will:

  • Have a clearer idea of the legal and policy frameworks governing the work of a principal
    
  • Be able to implement changes regulated by policies at national, provincial and school level.
    

• Different legislative and policy frameworks impacting education in SA

  Review the examples below of the different laws, policy documents and systems that affect the day to day operations in a school:

• Reading: Legislative and policy frameworks Page
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  Activity 6

  Complete activity 6 using the tool below. This is an individual activity.

• Hint

  Keep a file of all the laws, regulations, policy documents, including circulars, for easy reference from time to time!

  
  

• Activity 7

  Consider the following scenario and answer the question detailed in the tool below:

  You are the principal of Successful Primary School. The School Governing Body has recently appointed a new Maths educator to your teaching staff in a Governing Body position. You need to draw up an employment contract for the new teacher...

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  Activity 8

  Refer to the Employment of Educators Act 75 of 1998 (as amended). Chapter 5 Sections 17 and 18 of the Employment of Educators Act 76 of 1998 (amended in 2005) refer to Serious Misconduct and Misconduct:

  • Sexual relationship with a learner
  • Damage to school property
  • Sexual harassment
  • Serious assault with the intention to cause serious bodily harm
  • Theft, bribery and fraud
  • Absents him/ herself from work without valid reason
  • Accepts compensation in cash from a member of the public without the employer’s written approval
  • Incites personnel to unlawful conduct 
  • Refuses to obey security regulations
  • Illegal possession of an intoxicating or illegal substance
  • Sleeping on duty without authorisation.

  
  Read the above provisions and, using the tool below, allocate the listed misconducts into either:

  • Serious misconduct Section 17
  • OR
  • Misconduct Section 18

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  Hint

  Remember:

  • The Constitution of the Republic of South Africa (1995) as the supreme law supersedes any subsequent law if it is in conflict with the Constitution. Example: A learner, who is dismissed from school after a fair hearing, still has the right to education
  • When internalising policies based on the legislation, take contextual factors into consideration without sacrificing the embedded legislated values
  • As representative of the Head of Department the principal is ultimately responsible and accountable for implementation of the legislative framework.