Exclusions from an independent school fall into the two broad areas of:
- Exclusion on grounds of contravention of the rules contained in the school’s Code of Conduct.
- Exclusion on the grounds that the contract between the parents and the school has been broken, usually because the parents have failed to pay fees.
Exclusion for contravening school rules
An independent school has the right to exclude learners who are in contravention of the rules as long as the school adheres to the principle of procedurally fair practice and conduct, and the rights of the child have been taken into consideration.
Exclusion for non-payment of fees
Exclusion for non-payment of fees is a complex issue, as there has to be a balance between the right of the child to receive education and the right of the school to receive payment for services rendered. The ISASA legal and policy department has drawn up a short document on this issue for member schools, which is available for download below. A further memorandum is also available that analyses the High Court order in the matter of Moabela v Curro Holdings Ltd and the implications for exclusion of learners due to non-payment of fees.
All exclusions from independent schools must take into account the rights of the child, as confirmed in the Constitutional Court judgment relating to termination of enrolment contracts.
ISASA