Independent schools may not set their own promotion and retention requirements for those levels of the education system that are exit points and have requirements that are regulated through national assessment and examinations (Grades 9 and 12).

However, for the intermediate grades independent schools may set their own promotion and retention requirements as long as they are not below those prescribed in relevant government policies.

The independence of independent schools is guaranteed in the Constitution of the Republic of South Africa (1996). Section 29 (3) states that:

Everyone has the right to establish and maintain, at their own expense, independent educational institutions that:

a) do not discriminate on the basis of race;

b) are registered with the state; and

c) maintain standards that are not inferior to standards at comparable public educational institutions.

The import of (c) is that conversely, independent schools are free to offer education at standards higher than public schools. High quality education derives from excellent teaching and learning, high standards of assessment and schools’ promotion and retention policies which ensure that no learner passes a grade unless s/he meets the standard required by the school.

ISASA believes that decisions about promoting or retaining learners are part of curriculum and assessment and critical to an independent school’s freedom as a private institution to use its professional judgment and maintain a high quality of education.