Copyright Act, 1978
R 385
Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesDirections regarding the reopening of schools and measures to address, prevent and combat the spread of COVID-19 in the National Department of Basic Education, and Provincial Departments of Education, and all schools in the Republic of South Africa6. School attendance |
| (1) | A parent, caregiver or a designated family member of a learner may choose not to send the learner to school for reasons that may include— |
| (a) | any medical condition of the learner, including comorbidities; |
| (b) | anxiety and fear related to COVID-19, concern for family members that are over the age of 60 or concern for family members with comorbidities; |
| (c) | a preference for the learner receiving learning and teaching instruction through the online or virtual platforms provided by an independent institution, which is not related to the school that the child is registered at; |
| (d) | a preference for the learner receiving learning and teaching instruction through the online or virtual platforms provided by the school; or |
| (e) | an application for home education and deregistration of a learner from the school. |
(2)
| (a) | A parent, caregiver or a designated family member who does not send a learner to school for any of the reasons contemplated in sub-direction (1)(a), (b) or (c) must apply, through the school that the learner attends, in terms of section 4 of the South African Schools Act, to the Head of Department, or a person duly authorised by him or her, for the full or partial exemption of a learner from compulsory school attendance for the duration of COVID 19. |
| (b) | The application contemplated in paragraph (a)— |
| (i) | must be on a form substantially similar to Annexure A1, stating the reasons for the application for exemption, which should include evidence of a medical condition, in instances where the reasons relate to a medical condition or comorbidity; |
| (ii) | must be accompanied by a form substantially similar to Annexure A2, declaring the commitment for taking responsibility for the learner’s continued learning at home, which outlines the conditions that need to be adhered to by the parent, caregiver or a designated family member; and |
| (iii) | may be subject to conditions. |
| (c) | The Head of Department, or a person duly authorised by him or her, must make arrangements with the school, to ensure that the school consults with parents, caregivers or designated family members to receive the learning material for learners who are granted full or partial exemption from attending school, to ensure that continued learning takes place. |
| (d) | A parent, caregiver or a designated family member who chooses not to send a learner to school must ensure that teaching and learning materials are collected or accessed, as per arrangement with the school, to ensure that continued learning takes place. |
| (3) | A parent, caregiver or a designated family member who chooses not to send a learner to school for the reason contemplated in sub-direction (1)(d), is not required to apply for exemption from compulsory school attendance. |
(4)
| (a) | A parent, caregiver or a designated family member who chooses to deregister their child from the school and apply for a learner to be enrolled for home education, as contemplated in sub-direction (1)(e), must comply with the legal requirements for the provision of home education, as contemplated in section 51 of the South African Schools Act. |
| (b) | A parent, caregiver or a designated family member of a learner who is deregistered from a school will have to reapply for admission and adhere to the admission requirements if they wish to return to a public school. |
| (5) | Where a learner is self-isolated or quarantined due to being in contact with a person who has tested positive or is displaying symptoms of COVID-19, or is isolated following testing positive for COVID-19— |
| (a) | the parent, caregiver or a designated family member must inform the school as soon as possible of the learner’s condition; and |
| (b) | the school must inform the Head of Department of the incident through the district office. |
| (6) | Where a learner tested positive for COVID-19 through the processes at the school and the school is aware of the results, the school must, as soon as possible— |
| (a) | inform the parent, caregiver or a designated family member of the learner’s condition and— |
| (i) | request them to fetch the learner from school; |
| (ii) | advise them to refer the learner to a medical practitioner; and |
| (iii) | advise them to keep the learner self-isolated or quarantined at home; and |
| (b) | inform the Head of Department of the incident through the district office. |
| (7) | The application process for exemption, as contemplated in sub-direction (2)(b) also applies to learners registered at a school but who fall outside compulsory school attendance as regulated in section 3 of the South African Schools Act. |
| (8) | A parent, caregiver or a designated family member of a learner who has already applied in 2020 for the full or partial exemption from compulsory school attendance for any of the reasons contemplated in sub-direction (1), and whose application was successful, is not required to re-apply for exemption. |
| (9) | The principal of the school, or the person duly authorised by him or her, must, with the consent of a parent, caregiver or a designated family member of a learner, make arrangements for a learner who is registered at the school to receive psychosocial support services, where required. |
