South African Schools Act, 1996 (Act No. 84 of 1996)Chapter 2 : Learners5. Admission to public schools |
| 1) | A public school must admit learners and serve their educational requirements without unfairly discriminating in any way. |
| 2) | The governing body of a public school may not administer any test related to the admission of a learner to a public school, or direct or authorise the principal of the school or any other person to administer such test. |
| 3) | No learner may be refused admission to a public school on the grounds that his or her parent – |
| a) | is unable to pay or has not paid the school fees determined by the governing body under section 39; |
| b) | does not subscribe to the mission statement of the school; or |
| c) | has refused to enter into a contract in terms of which the parent waives any claim for damages arising out of the education of the learner. |
| 4) |
| a) | The admission age of a learner to a public school to – |
| i) | grade R is age four turning five by 30 June in the year of admission; |
| ii) | grade 1 is age five turning six by 30 June in the year of admission. |
| b) | Subject to the availability of suitable school places and other educational resources, the Head of Department may admit a learner who – |
| i) | is under the age contemplated in paragraph (a) if good cause is shown; and |
| ii) | complies with the criteria contemplated in paragraph (c). |
| c) | The Minister may, by regulation, prescribe – |
| i) | criteria for the admission to a public school, at an age lower than the admission age, of an underage learner who complies with the criteria; |
| ii) | age requirements for different grades at a public school. |
| d) | For the purpose of paragraph (b)(i), good cause shown means that – |
| i) | it can be shown that exceptional circumstances exist which necessitate the admission of an underage learner because admission would be in his or her best interest; and |
| ii) | the refusal to admit that learner would be severely detrimental to his or her development. |
| 5) | Subject to this Act and any applicable provincial law, the admission policy of a public school is determined by the governing body of such school. |
| 6) | In determining the placement of a learner with special education needs, the Head of Department and principal must take into account the fights and wishes of the parents of such learner. |
| 7) | An application for the admission of a learner to a public school must be made to the education department in a manner determined by the Head of Department. |
| 8) | If an application in terms of subsection (7) is refused, the Head of Department must inform the parent in writing of such refusal and the reason therefor. |
| 9) | Any learner or parent of a learner who has been refused admission to a public school may appeal against the decision to the Member of the Executive Council. |