With the BELA Act coming into effect on 24 December 2024 it is now law that all children from the year that they turn six have to attend Grade R or be homeschooled.
The Act came into effect while many families were away enjoying December holidays, and some are not aware of the new requirements. The Department of Basic Education and the Provincial Education Department appear to have not communicated this is any consistent fashion, if at all.
During the BELA Act process it was disclosed that just over 260 000 additional Grade R places would be required. At the same time it was made clear that the Department of Basic Education, that is under severe financial constraints and is cutting existing teaching posts, does not have the budget to fund this.
It appears likely that because there are not enough Grade R places many parents will have to consider home education as a second-choice alternative. This already happens when schools are overcrowded and learners in the higher grades register for homeschooling because they cannot obtain a place in a school.
A Deadline?
The BELA Act requires all homeschoolers to register by midnight on 23 January 2025 but parents have not been told how to register for Grade R homeschooling. No province has sent out information in the media or communicated with parents. Gauteng Education Department is in the lead and has added a section for Grade R to their homeschool application form. This has, however, not been uploaded to the Department of Basic Education’s website or widely distributed. It is not clear if this is a draft or final official form. A change like that is not sufficient to help parents register for a different phase of home education and much remains unclear. For example, will this be considered a phase and will all homeschooled Grade R learners need to be assessed at the end of 2025 by competent assessors.
Technically, and ‘technically’ is what counts in the law, a learner who turned 5 in 2024 could not have been being home educated on the 24 December 2024 (the date the Act came into effect). That learner would therefore not have to be registered within thirty days i.e. by midnight 23 January to comply with the Act (Section 51(5) if you want to check).
To put it another way that learner turns six in 2025 and can only be home educated from 2025 and wouldn’t have been subject to compulsory education when the Act came into force. You would still have to register within a reasonable time but not by midnight 23 January. A reasonable time can vary with circumstances but within three-to four weeks of 23 January or at least by the end of February should be reasonable.
4 ways to respond
Parents can do any of the following:
1) Write to your provincial education department and ask them how to proceed.
2) Constructive compliance: You could send in a letter to the provincial education department that indicates that you are registering. State the following:
a. You and your child/rens name(s) and ID numbers.
b. That you understand home education that that you accept the responsibility to provide, monitor and assess the home education of your child.
c. That you are applying to register the child for home education in Grade R in compliance with the BELA Bill and ask the department to process this application.
As you made a reasonable effort to comply and they did not supply the means to do so it will then be the department’s duty to process your application. If 60 days elapses from the day after you submit it could be argued you have done your duty and your child will be deemed registered. If the department wants additional information after that it should not affect your registration status.
3) Fill in the registration form as it appears on the Department of Basic Education website as follows:
a. Leave 2. “Last school attended” blank
b. At “Home Education Grade Registering” 3.1 Manually alter the grade to Grade R.
c. 3.2 State a Curriculum, if you use one, or an approach like Eclectic. Eclectic is a good option for Grade R.
d. 3.3 Subjects, state: Home Language, Maths and Life Skills.
e. 3.5 Reasons: Feel free to state too young for school or better education at home.
f. Keep your motivation brief and reflect the reasons stated in 3.5
g. Programme can also be brief; 3 or 4 paragraphs is more than enough. Reflect your
approach, whatever it is. If you want a more structured submission. Mention either how you prepare for maths and literacy or maths and literacy activities your child does or you plan to do. You can mention how your child acquires basic knowledge, does creative arts, physical education, and learns how to take care of him- or herself and interacts with others for “Life Skills”. The Department calls these: Beginning Knowledge, Creative Arts, Physical Education, Personal and Social Well-being. Mention play time, play dates, visits to parks and playgrounds etc.
4) Stand on your rights.
It is unfair to expect that you must register when no forms are available and there are no instructions on how to register. If it is vague or unclear how to act and you are aware that you should act your best approach is to write to the department and ask for that information or comply as best as you can. In this case no forms have been made public. It would be difficult and very unlikely that any action against you would be successful until the public are told how to proceed. Your defence would be that you are waiting for some basic clarity from the department. If approached you would say, ‘please then send me the forms and explain how I am to register’. However, keep an eye out as you will be expected to act reasonably and take action once the way to register becomes widely known.
Whichever approach you take you should have legal support and backing from:
An organisation like the Pestalozzi Trust (Join here). The Trust has a standard letter you can use for the second option, or,
Your own legal advisors.
We advise strongly on checking all the information above with your advisors and having support in any interactions with the provincial education departments.
Disclaimer:
The information provided in this post is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the information, it should not be relied upon as a substitute for legal counsel. For assistance with your specific situation, please consult a qualified attorney or legal professional.
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