Bela Bill is not the end of the road for homeschooling

The Basic Education Laws Amendment (Bela) Bill has been a controversial topic for some time, and now that public consultations have concluded, many parents still have concerns about the new legislation.

What does the Bill mean for those who opt for homeschooling/distance education?

Home education was legalised under the SA Schools Act (Sasa) in 1996. The Bela Bill does not aim to change this legislation. The purpose of the Bill is to guarantee that every child receives an education that is at least on par with what they would have received in a public school.

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Moreover, most of the provisions related to homeschooling are already incorporated in both the Sasa and the Home Education Policy of 2018.

The Bela Bill is not the end of the road for homeschooling. In fact, more guidance has been added, strengthening the perception of homeschooling in the rest of the education sector.

That being said, there are a few provisions of the Act that parents need to be aware of.

In SA, all grade 1 to 9 pupils (children aged seven to 15) are considered of compulsory school-going age. The Bela Bill now proposes making grade R the new compulsory school starting age, instead of grade 1.

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While it remains to be seen how public schools will handle the new legislation when it comes to funding, admin and capacity, homeschoolers can easily start teaching their children from grade R.

Many reputable curriculum providers already offer a unique grade R learning programme. Section 2 of the Bela Bill seeks to amend Section 3(6) of the Sasa to increase the penalty provision from not exceeding six months, to not exceeding 12 months in the case where a parent or any other person prevents a child who is subject to compulsory school attendance from attending school.

This penalty seems severe; however, the intention is to ensure all pupils receive a fair and equal right to education. The state has a constitutional responsibility to protect the rights of the child. The increased penalties do not seem to be about curbing home education, but rather about protecting the rights of pupils.

The Bela Bill (like Sasa) considers homeschooling as a legal alternative to attending a public or private school.

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Homeschooling parents will not need to worry about the possibility of imprisonment as long as they comply with the provisions set out by the Bill.

The Bela Bill and Sasa require parents to register their children for home education with the head of the provincial education department.

Pupils in grades 10 to 12 are not of compulsory schoolgoing age and do not need to be registered.

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However, if these pupils wish to obtain a national senior certificate, they must complete their school year through a public or independent school or an education provider that is registered with the assessment body responsible for the conduct of the final examination.

-Schoonwinkel is managing director of Optimi Home, which provides home education and supplementary learning for pupils, parents and tutors.