New Education Law in Action: BELA Act's Financial and Governance Challenges

The much-debated Basic Education Laws Amendment (BELA) Act was finally signed into law last Friday. The BELA Act introduces substantial changes to the management of public schools, with far-reaching consequences. The key changes are summarised below.

1.      Shifting Control from the Schools to Government

Authority over school admissions and language policies is transferred from local school governing bodies (SGBs) to provincial education officials. This centralisation aims to standardise policies across schools and raises concerns about potential implementation challenges.

2.      Making Grade R and Grades 10-12 Compulsory

One of the most significant impacts of the BELA Act is the expansion of compulsory education to include Grade R and Grades 10-12.

The act expands compulsory education beyond grades 1-9 to now include Grade R (early childhood development) and Grades 10-12. In addition, parents face the risk of jail time if their children are found to be truant.

While expanding compulsory education makes sense to enhance early education and ensure learners complete their schooling, schools must accommodate more students under the new law without a corresponding increase in funding. Public schools are expected to accommodate the increased number of learners under existing budgets, placing financial strain on institutions.

3.     Corporal Punishment to Include Emotional Abuse

The act expands the definition of corporal punishment to include not only physical acts but also actions that undermine a child’s dignity, such as emotional abuse or making students endure uncomfortable situations. While this may be a welcomed addition, there is extensive effort needed in raising awareness to teaching staff, pupils and parents.

4.      Stricter Homeschooling Regulations

Homeschooling now requires formal registration with the provincial education department, along with an approved curriculum. Homeschooled children must undergo independent assessments, and government site visits may be conducted to ensure compliance.

Implementation Challenges

Lack of Funding and Resource Allocation: The reforms come without additional funding, leaving schools to handle increased student numbers, new language instruction, and stricter discipline policies within existing budgets. This places significant financial pressure on schools already struggling to remain operational.

Centralised Decision Making: Transferring control over admissions and language policies to the provincial education departments. This shift reduces local school autonomy and requires extensive focus on compliance with new provincial directives. It also needs detailed financial reporting to ensure compliance and maintain financial stability under the stricter governance model.

The Debate: Equity Versus Local Autonomy

The BELA Act sparked debate over centralising control to promote equity versus preserving local autonomy. Proponents argue it fosters inclusivity, while critics warn it could lead to overcrowded schools and diminished educational standards. Accountants must help schools navigate these changes by balancing financial needs with legal requirements and providing strategic advice to ensure schools adapt effectively.

Implementation timelines

A three-month delay has been announced for the implementation of two key clauses in the BELA Act: Clause 4 and 5 dealing with transferring control of student admissions and language policy of the school from the SGBs to provincial education departments. This delay allows for stakeholder consultations on potential amendments. If no consensus is reached, the clauses will be implemented as drafted initially, with the final timeline for their enforcement to be announced after the consultation period.

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