Specialist Fields
Education Law
We assist businesses in all areas of Education Law
Education Law involves targeted legal and policy support to address issues relevant to all participants in the education sector, including the governance and management teams of public and independent schools, school associations, education unions, civil society organisations and the private sector.
From ensuring compliance with education laws to developing lawful, fair and problem-free school policies that are in line with applicable legislation, regulation and case law, our specialised team has relevant experience in public education law and government structures and is perfectly positioned to assist all participants in the education sector with strategically managing risks that impact on the teaching and learning spaces. This includes:
- Reviewing and revising school admission policies and procedures;
- Reviewing public school fee exemption frameworks;
- Reviewing and revising school codes of conduct and learner misconduct policies;
- Reviewing and revising school cyberbullying policies;
- Reviewing and advising on school protocols and procedures for the search and seizure of drugs and drug testing;
- Advising parents and schools on a variety of non-litigious matters, including school admissions appeals, fee exemption appeals and learner misconduct matters; and
- Advising potential investors on the key legal and institutional aspects of the South African schooling system, especially within the space of donor-funded schools, public-private collaborations in education, and immovable asset management within the education sphere.
Education, both public and private, is under growing pressure to keep up with a seemingly endless demand for the provision of basic education that will prepare our children for an uncertain but exciting future. Innovation in the ‘how, what and where’ of education is what is required and with that comes a need for certainty in what can be done within the confines of the relevant regulatory space.
- Nico Boshoff, Caveat Panel Member
Clients
FAQs
Frequently asked questions on Education Law
What is Education Law?
Education Law involves targeted legal and policy support to address issues relevant to all participants in the education sector, including the governance and management teams of public and independent schools, school associations, education unions, civil society organisations and the private sector.
What is the purpose of Education law?
To ensure compliance with education laws and developing lawful, fair and problem-free school policies that are in line with applicable legislation, regulation and case law.
What does Education Law cover?
- Reviewing and revising school admission policies and procedures;
- Reviewing public school fee exemption frameworks;
- Reviewing and revising school codes of conduct and learner misconduct policies;
- Reviewing and revising school cyberbullying policies;
- Reviewing and advising on school protocols and procedures for the search and seizure of drugs and drug testing;
- Advising parents and schools on a variety of non-litigious matters, including school admissions appeals, fee exemption appeals and learner misconduct matters; and
- Advising potential investors on the key legal and institutional aspects of the South African schooling system, especially within the space of donor-funded schools, public-private collaborations in education, and immovable asset management within the education sphere.
Why is compliance with education laws important for schools and educational institutions?
Education laws are designed to protect the rights and well-being of students, ensuring their access to a safe and inclusive learning environment. Furthermore, adherence to education laws promotes accountability and transparency, allowing for effective monitoring and evaluation of educational institutions.
What are the key legal and policy issues in the education sector?
The South African Schools Act (SASA), 1996 is aimed at ensuring that all learners have access to quality education without discrimination, and makes schooling compulsory for children aged 7 to 15. It provides for two types of schools namely independent and public schools.
What are the main challenges faced by schools in terms of compliance with education laws?
In South Africa, schools face various challenges in terms of compliance with education laws. One significant challenge is the complexity and frequent changes in the legal framework. Education laws and policies in South Africa are often updated or amended, which can make it challenging for schools to stay up to date and ensure full compliance. This requires schools to invest time and resources in understanding and implementing new regulations effectively.
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