Authors: Mrs a de Wet, Dr/Adv em serfontein, Prof hj steyn, Dr L meyer, Prof pj mentz, Mrs n morake




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EDUCATION LAW, -SYSTEMS AND MANAGEMENT

STUDY GUIDE FOR

EDCC 522 PES

*EDCC522PES*

FACULTY OF EDUCATION SCIENCES



Study guide compiled by:

Authors: Mrs A de Wet, Dr/Adv EM Serfontein, Prof HJ Steyn, Dr L Meyer, Prof PJ Mentz, Mrs N Morake


Edited nn.

=Page layout by Elsabe Strydom, graphikos.

Printing arrangements and distribution by Department Logistics (Distribution Centre).

Printed by Nashua Digidoc Centre (018) 299 2827

Copyright  2012 edition. Date of revision 2012.

North-West University, Potchefstroom Campus.

No part of this book may be reproduced in any form or by any means without written permission from the publisher.

MODULE CONTENTS

A word of welcome vii

Module outcomes vii

Credit and time distribution vii

Study material viii

Assessment viii

Assessment criteria viii

Examination admission ix

Assignments ix

Assignment 1 – education law (Section A) xi

Assignment 2 - education systems (Section B) xii

Assignment 3 – education management
(Section C) xiii

Study hints xiii

Contact details of lecturers xiv

Warning against plagiarism xvi

Study section A
Education Law 1

A word of welcome 2

The aim of this section on education law 2

Study material for education law 2

Study hints 4

Examination tips for education law 5

1 Introduction to Education Law 7

1.1 Security as a prerequisite for education 8

1.2 Sources of education law 10

1.2.1 The Constitution of the Republic of South Africa 12

1.2.2 Legislation 14

1.2.3 Common Law 17

1.2.4 Case Law 18

2 Constitutional rights and responsibilities 21

2.1 Democratic values 23

2.2 Application of the bill of rights 23

2.3 Limitation of rights 24

2.4 Enforcement of rights 25

2.5 Interpretation of rights 26

2.5.1 Section 39 26

2.5.2 The relationship between rights and responsibilities 26

2.6 Section 9 – equality 28

2.6.1 What is equality? 29

2.6.2 What is discrimination? 30

2.7 Section 10 – human dignity 32

2.8 Section 12 – freedom and security of the person 34

2.9 Section 14 – privacy 35

2.10 Section 15 – freedom of religion, belief and opinion 37

2.11 Section 16: Freedom of expression 39

2.12 Section 18 – freedom of association 41

2.13 Section 23 – Fair labour practices 42

2.14 Section 28 – Children’s rights 43

2.14.1 The private law status of the child 44

2.14.2 Sections 28(1) and 28(2) 46

2.14.3 Constitutional values and children’s rights 46

2.15 Section 29 – the right to education 47

2.15.1 The right to education 48

2.15.2 Language of instruction 50

2.15.3 Independent schools 52

2.16 Section 30 and 31 – language, culture and religion – the right to be different 52

2.17 Section 33 – just administrative action 55

3 The educator as an employee 57

3.1 Professionalism 58

3.2 Labour law for educators 58

3.2.1 Legislation for labour relations in education 59

3.2.2 Collective labour relations 60

3.2.3 Individual labour relations 60

3.2.4 The rights and obligations of the employer 61

3.2.5 Dismissal of employees 62

3.2.6 Grievances against employers 64

3.3 Conditions of service for educators 65

3.4 appointments by the governing body 66

4 Care and safety of learners 69

4.1 The responsibility of the educator 70

4.1.1 The responsibility of the educator in terms of the SA Constitution 70

4.1.2 The responsibility of the educator in terms of education legislation 70

4.1.3 The educator’s common law role of in loco parentis 71

4.2 Accountability 72

4.3 Possible liability for emotional and psychological damage 74

4.4 Possible liability for HIV-related harm 75

4.5 Who is liable? 75

4.6 Indemnification and waiver 75

4.7 Measures to avoid liability 76

5 Dealing with contemporary issues in education 79

5.1 Dealing with learner discipline 80

5.1.1 Human rights 81

5.1.2 A Code of Conduct for Learners 81

5.1.3 Search and seizure 81

5.1.4 Suspension and expulsion 82

5.1.5 No corporal punishment 83

5.2 Dealing with violence in schools 85

5.3 Dealing with HIV and aids 87

Appendix to Study Section A 91

Study section B
Education systems 101

A word of welcome 102

The aim of the section on education systems 102

Study material for education systems 103

Study tips for education systems 103

Field of study 103

Section layout 104

6 The nature and aims of an education system 105

6.1 The concepts education and training 106

6.2 Definition of an education system 106

6.3 The aims of an education system 108

6.4 The different components of an education system 108

7 Determinants in the South African education system 111

8 Education system policy as a component of the South African education system 113

8.1 National policy 114

9 Education system administration as a component of the South African education system 115

9.1 Education system administration at macro level 116

9.2 Education system administration at meso level 117

9.3 Education system administration at micro level 118

10 Structure for teaching as a component of the South African education system 121

10.1 Different education levels and institutions according to the national qualifications framework 122

10.2 Curricula, differentiation and certification 124

10.3 Regulations regarding compulsory education, the medium of instruction, language and religion 125

10.4 The learners 126

10.5 The educators/trainers 127

10.6 Dependent and independent education institutions 128

11 Support services as a component of the South African education system 131

11.1 Support services to educators 132

11.2 Support services to learners 133

11.3 Support services to teaching and learning activities 134

12 The education system of Lesotho 135

12.1 Determinants of the Lesotho education system 136

12.2 The aims of the Lesotho education system 136

12.3 The structure for teaching of the Lesotho education system 137

12.4 Compare the education systems of Lesotho and South Africa 138

Study section C
Education management 141

A word of welcome 142

The aim of this section on education management 142

Study material for education management 142

Study tips on education management 142

13 Classroom management 143

13.1 Why study classroom management? 144

13.2 The four management tasks 145

13.3 Time management 146

13.4 Approaches to classroom management 147

14 Meetings 149

15 The beginner educator and practice shock 151

15.1 Problems experienced by beginner educators 152

15.1.1 The beginner teacher: orientation 152

15.2 Responsibilities of and to the beginner educator 153

15.3 Mentorship 154

Reader 155



A word of welcome

The Faculty of Education Sciences and the School of Education welcome you and hope that you will find this year of study and this module in particular insightful and enriching. May you experience the training you will receive very positively and may you grow in knowledge, understanding, teaching and communication skills, as well as in life values.

The Postgraduate Certificate in Education (PGCE) is a qualification that will prepare you for the teaching profession. In teacher education the emphasis is no longer on contents but rather on outcomes. The present aim is to help you master the necessary outcomes. Therefore, assessment will focus mainly on the skills you have to demonstrate.

We wish you all of the best for this year.

Module outcomes

After completion of this module, the student teacher should be able to contribute to quality education in a diverse community by having obtained the following competencies:

  • A thorough knowledge and understanding of the nature and aims of the South African education system; the ability to function within this education system to the advantage of the South African community; and to contribute to the solution of challenges

  • The ability to integrate education management theory and practice to develop professional classroom management skills in a diverse and changing national and international context

  • Knowledge and understanding of education law principles and the ability to interpret and apply legislation and policy correctly in order to become responsible, independent and contributing members of the professional education community

  • The ability to assess external influences on the education system and the classroom in order to develop critical, creative and reflective problem-solving skills within education and societal contexts by assessing external influences on the education system and the classroom.

Credit and time distribution

This module consists of 12 credits divided into three sections. In terms of time allocation the rule of thumb is 10 notional (study) hours per credit. The notional time includes all the reading, preparation, assignments, tests, time to study, etc. A total of 120 credits thus implies that you will need about 120 study hours for the module. The hours you spend on the module includes time for attending classes, doing assignments, self-study, individual or group assignments, as well as preparation for the examination.

This module consists of three different study sections representing three distinct but closely related subject areas:

Section A: Education Law (4 credits);

Section B: Education Systems (4 credits) and

Section C: Education Management (4 credits).

Education law influences the education system and vice versa, and both law and system influence classroom management. The three subject areas can therefore be said to be closely linked, although definitely separable. For every section, every study unit will indicate the required number of hours for successful completion. You should plan your study timetable in such a way that you have sufficient time for each of the modules that forms part of your studies.

Study material

This study guide forms an important part of your study material. Your study guide will act as a compass to guide you through the study matter. Use every learning opportunity to the fullest. The importance of continued self-study cannot be overemphasised. Apart from the study guide, other study material is prescribed which you should buy. For this module you will need the following textbooks:

1. Oosthuizen IJ, Rossouw JP & De Wet A. 2004. Introduction to Education Law. Pretoria: Van Schaik. Also available in Afrikaans.

2. Rossouw, JP & Oosthuizen, IJ. 2008. Statutes for Education Law. Potchefstroom: Festina Lenté.

3. Steyn HJ, Steyn SC & De Waal EAS. 2002 The South African Education System – Core Characteristics. Potchefstroom: Brainbooks.

4. Mentz, PJ & Pienaar, JF. 2001 The Educator as Manager. A Handbook for Pre-service and In-service Educators. Potchefstroom. Available from Protea Bookshop.

Assessment

    Continuous assessment in the form of projects, assignments and self-assessment tests may take place in the course of every study unit. Formative assessment will include group or individual assignments, class tests and a class participation mark.

Summative assessment will take place during the written examination at the end of the semester when the focus will be on exit outcomes. The written exam for this module will be partially open book (Statutes of Education Law may be taken into the exam venue).

The participation mark and the examination mark are taken into account for your final mark in the following ratio:

Participation mark (50) + Examination mark (50) = Final mark (100)

You have different prescribed study materials and assignments for every study section, but will write only one exam paper.

Assessment criteria

    You will know that you have reached the outcomes when you can do the following:

  • Describe legislation as a source of Education Law;

  • Interpret and apply specific legal specifications in case studies and practice;

  • Interpret, explain, protect and promote human rights as embedded in the Bill of Rights (South African Constitution: Chapter 2);

  • Demonstrate a positive attitude to own rights and obligations, and protect the rights of others;

  • Explain what is expected of the educator under the legal duty of care and act accordingly;

  • Apply the different aspects of delictual liability in case studies;

  • Describe and explain relevant aspects of labour law in education;

  • Act professionally in accordance with the Professional Code of Ethics (SACE) and legislation regulating educators’ conduct and work;

  • Describe the nature and aims of an education system;

  • Explain the aspects that determine the nature and contents of an education system –specifically the South African education system;

  • Discuss education system policy, education system management, education structure and support services as components of the South African education system;

  • Describe the educator’s management tasks and their application in the work of the teacher;

  • Understand and explain your role as a classroom manager;

  • Give a detailed discussion of the four management tasks;

  • Explain the role of meetings in the school as an organisation; and

  • Indicate how the beginner educator’s level of practice shock can be limited.

Examination admission

    You have to submit all your assignments on time to gain admission to the examination. You therefore have to complete the assignments in every course and submit them for assessment. If you do not submit ALL your assignments on time, you will not be allowed to write the examination since the marks you receive for the assignments will count towards your participation mark.

    The 3-hour examination paper will include questions on all the study sections and study units (A, B and C). The total for the question paper is 150 marks (50 marks per section). For Section A: Education Law you will be allowed to take your book, Statutes of Education Law, into the exam venue (partially open-book examination). No other books may be taken in. Other sections do not have open-book exams. The total obtained in the question paper will be converted to a percentage which will represent your examination mark for the module.

Assignments

    You need to submit three assignments for this module, one per study section. The assignments will form part of your participation mark. Every assignment will count 50 marks, adding up to a total of 150 which will be converted to a participation mark out of 100 (percentage) for the module. Other marks for class tests and class participation may also be included in your participation mark, at the discretion of the lecturer.

Important technical requirements for all assignments:

    When completing and submitting your assignments, the following technical guidelines must be adhered to:

  • The assignments may be done either individually or in groups of 2 to 4 (groups with more than 4 members will be penalised).

  • Keep to the maximum length that is prescribed for every assignment

  • Assignments must be typed in Arial, 12 point, 1.5 line spacing.

  • Margins must be set at 2.5 cm on all 4 sides of the A4 paper with justified paragraphs.

  • Headings must be in Bold and numbered.

  • Include a cover page with the following information: The initials, surnames, student numbers and telephone numbers of every group member, as well as an indication of the course (PGCE) every one is enrolled in. Also indicate which section the assignment is for, e.g. EDCC522 Section B and the name of the lecturer at your campus for that section.

  • Include a table of contents.

  • Initials, surnames and student numbers of all group members must appear at the bottom of every page (insert footer).

  • Insert page numbers at the top right corner.

  • Staple only in the top left corner. No files, flip-files, filing pockets, etc.

  • Bibliography and references must be done according to the Harvard method as described in the booklet Quoting Sources (available on the University website). Take care to refer to legislation correctly. Refer to Quoting Sources and the study guide for examples.

  • Take care with your language usage and how you formulate sentences and arguments. For example, do not write “It was daunting but exiting”, rather write, “I experienced my first day in front of a class as both daunting and exiting.” Use full sentences and well structured paragraphs with appropriate headings where applicable.

  • Use numbers or bullets for typography, but still write in full sentences to communicate clearly.

  • Use the mark allocation in the marking schemes as a guide as to what exactly is expected of you. You cannot write a mere 100 words for 20 marks, neither should you write 1 200 words for only 20 marks.

  • For education law: Legislation and law reports (court cases) are regarded as primary sources in education law, and should be used (quoted, interpreted, discussed) frequently. Other sources such as books and academic articles that discuss and interpret the primary sources should also be used.

  • Submit assignments according to the arrangements on your campus. On the Potchefstroom campus no assignments will be received by lecturers themselves. Assignments must be handed in at Room G31 in the C6 building. On the Vaal campus assignments are handed in to the lecturer during contact sessions.

  • Always keep copies of all your assignments.

The dates for the assignments

    Section A: Education Law: For Students on the Potchefstroom campus, submit by 31 August. For students on the Vaal Triangle campus, the date will be communicated during the first contact session.

    Section B: Education Systems: By 14 September. For the Vaal Triangle campus the date will be communicated during the first contact session.

    Section C: Education Management: By 30 September. For the Vaal Triangle campus the date will be communicated during the first contact session.

    Assignments not received in time will not be taken into account for your participation mark. Plan well ahead and start with your assignment in good time so that you can submit it by the due date. This is especially important if you work in a group. Effective time management and planning are skills that you should be able to demonstrate at post-graduate level and also soon as a professional educator.

Assignment 1 – education law (Section A)

Question 1 – Corporal Punishment




This cartoon by Zapiro reflects the view that corporal punishment in schools is acceptable if it is done with love. Discuss the legal justifiability of this view by referring to:

1.1 Relevant provisions in the SA Constitution (10)

1.2 Relevant provisions in the South African Schools Act (5)

1.3 Relevant guidelines in the Guidelines for Governing Bodies in Adopting a Code of Conduct for Learners (5)

1.4 Relevant Constitutional Court cases (5)

[25]

Question 2 – Liability

Study the following case study before answering the questions:

Case study

During a woodwork lesson at the Fieliekaspaai High School in the Free State a tragedy occurred. The boys in the class were sawing wood on the circular saw as part of a project they were working on – making furniture. Mr Powers kept a close watch on their progress. Miss Longlegs, the newly appointed gymnastics teacher, came to chat to Mr Powers as she had a free lesson. It wasn’t long before the two of them were standing outside the classroom and laughing out loud at each other’s silly jokes.

When the boys noticed that the teachers were standing outside the classroom, they tried to work more quickly with the circle saw in order to finish their work sooner. They became involved in an argument and one boy, Gavin, cut off his thumb as another boy pulled out a piece of wood from under the saw while he was working on it.

When Mr Powers and Miss Longlegs heard the yelling, they ran into the classroom and found the bleeding Gavin. Miss Longlegs fainted and Mr Powers knelt at her side. Luckily one of the boys, Garth, had a cell phone with him and called the paramedics. They took Gavin to the hospital in an ambulance.

Question

Evaluate the actions of Mr Powers by considering all you have learned with regard to the responsibilities of an educator towards learners. In your answer refer to the following:

2.1. damage; (4)

2.2 an Act; (2)

2.3 causal link; (2)

2.4 unlawfulness; and (7)

2.5 fault. (10)

[25]

Total for Assignment = 50


Assignment 2 - education systems (Section B)

One of the following two assignments must be submitted for assessment:

In not more that 900 words, explain the influence of any two external determinants that determine the nature and functioning of the South African education system. Refer to the following in your explanation:

  • The way in which external determinants influence the nature and functioning of education systems

  • The content of the two external determinants

  • The way in which these external determinants influence the elements of the South African education system

  • What is being done or can be done to successfully cater for the challenges brought about by these two external determinants?

(50 marks)

Or

Write a 900-word article on two major challenges faced by the South African education system. You may structure your article according to the following paragraphs:

  • Introduction (including the aim of the article and the method of research).

  • The structure of an education system and the influence of determinants on its nature and functioning.

  • The context of the two major challenges and their effect on particular components and elements of the South African education system.

  • Proposals on the way in which these challenges should be catered for.

Assignment 3 – education management
(Section C)


Assignments will be formulated and communicated on every campus.

Study hints

A prerequisite for the successful completion of this module is that you should be committed and self-disciplined. You are expected to accept responsibility for your own learning process. Ensure that you are thoroughly familiar with the contents of this study guide and the prescribed study material. Your study guide will act as a compass to guide you through the study matter. Use every learning opportunity optimally. The importance of continued self-study cannot be overemphasised. Do not hesitate to ask if you need assistance or advice, or simply want to talk. Keep in mind that the hours you spend in class or the lecture room makes up a minor part of the total number of hours you need to spend on this module. It is therefore your responsibility to become familiar with the content and you should not expect everything to be discussed or explained during class or lectures. Before attending a class, you should study the relevant study unit by following the study guide. In using the study guide, follow these steps:

  • Obtain an overview of the study unit.

  • Study the indicated outcomes carefully.

  • Also obtain an overview of the prescribed work by looking at the table of contents. This will enable you to understand the structure of the prescribed work and will contribute towards your reaching the outcomes.

  • Carry out all the learning activities at every study unit.

  • Ask yourself what the aim of every assignment is. Why have the lecturers chosen this assignment specifically?

  • Definitions of new concepts are important. Study these definitions and make sure that you understand them.

  • Continuously integrate new study matters with the previous study matters. This will enable you to clearly see relations and you will acquire a more complete picture of the education system.

  • Always be on the outlook for causes and effects.

  • Compare content by looking at similarities and differences.

  • Regulate your own learning process by:

  • planning and setting objectives – and sticking to them;

  • organising and structuring the study matters;

  • consciously using learning strategies that work for you (for example, mind maps, repetition, schematic representations, etc);

  • always looking for new information to add to and expand existing knowledge;

  • seeking help from lecturers, educators and fellow students (study groups have tremendous value);

  • continuously monitoring and assessing your own progress; and

  • repeating and internalising new study matters.

Contact details of lecturers

Potchefstroom Campus

Lecturer Education Law (Sec A), Potchefstoom Campus

Name

Mrs Annamagriet de Wet

Office

G24 – Building B10, South Campus

E-mail

Annamagriet.DeWet@nwu.ac.za

Telephone

018 299 1908

Preferred method of communication:

e-mail or SMS to 082 672 8320

Consulting hours

Indicated on office door

Lecturer Education Systems (Sec B), Potchefstroom Campus

Name

Prof Hennie Steyn

Office

B10: 38

E-mail

Hennie.steyn@nwu.ac.za

Telephone

(018) 299 4532

Preferred method of communication:

E-mail

Consulting hours

By e-mail appointment

Lecturer Education Management (Sec C), Potchefstroom Campus

Name

Prof Kobus Mentz

Office

C6: 211

E-mail

Kobus.mentz@nwu.ac.za

Telephone

(018) 299 4754

Preferred method of communication:

E-mail

Consulting hours

Indicated on the door

Vaal Triangle Campus

Lecturer Education Law (Sec A), Vaal Triangle Campus

Name

Dr/Adv EM Serfontein

Office

221 - Building 4

E-mail

Erika.Serfontein@nwu.ac.za

Telephone

016 910 3458

Preferred method of communication:

Personally by appointment

Consulting hours

Indicated on office door

Lecturer Education Systems (Sec B) and Management (Sec C), Vaal Triangle Campus

Name

Dr Louisa Meyer

Office

Building 8 G13

E-mail

Louisa.meyer@nwu.ac.za

Telephone

(016) 910 - 3079

Preferred method of communication:

Appointment during consulting hours

Consulting hours

On office door

Mafikeng Campus

Lecturer Education Law (Sec A), Systems (Sec B) and Management (Sec C), Mafikeng Campus

Name

Nnior Morake

Office

G. 06

G. 06
















G 06E-mailNnior.morake@nwu.ac.zaTelephone018 389 2390Preferred method of communication:At lecture hall and officeConsulting hoursIndicated on office door

NB: Always make an appointment when you want to see a lecturer.

Warning against plagiarism



ASSIGNMENTS ARE INDIVIDUAL TASKS AND NOT GROUP ACTIVITIES. (UNLESS EXPLICITLY INDICATED AS GROUP ACTIVITIES)

Copying of text from other learners or from other sources (for instance the study guide, prescribed material or directly from the internet) is not allowed – only brief quotations are allowed and then only if indicated as such.

You should reformulate existing text and use your own words to explain what you have read. It is not acceptable to retype existing text and just acknowledge the source in a footnote – you should be able to relate the idea or concept, without repeating the original author to the letter.

The aim of the assignments is not the reproduction of existing material, but to ascertain whether you have the ability to integrate existing texts, add your own interpretation and/or critique of the texts and offer a creative solution to existing problems.

Be warned: students who submit copied text will obtain a mark of zero for the assignment and disciplinary steps may be taken by the Faculty and/or University. It is also unacceptable to do somebody else’s work, to lend your work to them or to make your work available to them to copy – be careful and do not make your work available to anyone!


Study section A
Education Law


Written by Annamagriet de Wet 2008

Updated by Annamagriet de Wet and Erika Serfontein 2009



It is recommended that you allow approximately 40 hours for completing this study section successfully.
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