To Register or not       Back to contents

The policy on homeschooling and procedures for registration are now finalised. However, it is apparent that there are serious problems that the authorities have still not addressed. After the SA Schools Act came into operation in January 1997, there was an initial phase during which the registration process for homeschooling in the provinces was very informal. Much of the registration information was irrelevant, appeared unnecessarily interfering, or obviously indicated that officials wanted to apply completely incorrect criteria to homeschooling. The result was that most homeschoolers circumvented these procedures, and went ahead, homeschooling without registering. In all these situations, it was not really possible for education departments to prosecute homeschoolers, because homeschooling representatives continuously pointed out that their unfair procedures.h

In the end the National Education Department got involved and created a national policy for all the provinces. The tactic that the national department is following is to shift its interference to other aspects of the process. Now they ask for highly detailed information about the education that will be offered. In addition highly detailed records must be kept of the various aspects of the education. But few homeschoolers will take offence to the registration form itself. But there are still no criteria to comply with as required by the law!

A New Phase     Back to contents

Homeschooling has now entered a new phase in its relations with the authorities. For some families there are still sufficient reasons to exercise complete non-compliance, and to resist all requirements from officials. But there are now enough reasonable requirements in place to make it possible for most families to comply with them. However, it is still necessary for all homeschoolers to offer resistance against those official requirements that are unreasonable. In this phase it is therefore absolutely essential that each family knows exactly why it acts as it does. Parents can no longer afford to casually go along with the demands of officials. But they can afford even less to resist on the basis of second-hand information or hearsay, or on account of some vague philosophical or religious idea. Each family must be able to clearly justify its choices on the basis of firsthand knowledge and clear conviction.

The option not to register     Back to contents

Families who have reservations about registration must now make very sure that they know exactly what these reservations are, and that such reservations are not vague. It would, for example, not be wise to offer reservations about the "curriculum", purely on the basis of something heard from someone else, or read somewhere. They will then have to indicate exactly what aspects, in their opinion, hinder or undermine the fundamental rights of their children or their own. The approach taken by South-Africa's national policy on homeschooling is that parents must obtain "permission" to educate their children at home. Some parents have, for example overseas, argued in court the standpoint that they are responsible to God for the upbringing of their children, and not the state, which requires t state permission for homeschooling. In some cases such a claim was successful; in others not.

The option of conditional registration     Back to contents

It has now become feasible for many families to follow the registration process, but to limit the conditions under which such application for registration is made. It appears possible to give the information required on the application form, but with a rider/disclaimer w.r.t. The process, curriculum critereia, etc. It then becomes possible to begin discussions to sort out definite problems. It is unfortunate that officials do not often react positively when their authority is challenged - regardless of whether they are operating within their powers or not. Families who submit a conditional application must thus also be prepared, in due course, to defend their rights in court.

The option of an unconditional application.     Back to contents

In this instance the family chooses to comply as far as possible with the requirements of the officials and to supply all the necessary information. For families who genuinely do not have any reservations about any aspects of the policy, this is clearly the correct choice.

However one must remember that one often only becomes aware later what the problems with a particular situation are. The most common example of this is that the applicant makes certain assumptions about how the policy will be applied later on when it comes to the monitoring and evaluation of his homeschooling. But it is happening far too often that the official concerned has another interpretation of the relevant policy documentation. Besides, it is true that officials are also people, that they do make mistakes, and that there are more malevolent officials than one would like. In such cases it is precisely the initial placidity of people exercising this choice that results in them not being equipped to protect their rights when it becomes necessary.

Conclusions     Back to contents