Pestalozzi Trust Proposal for Amended Clause in BELA Bill

1. Pestalozzi Pestalozzi Trust Trust Oral Oral Presentation Presentation on BELA Bill BELA Bill to on to NCOP NCOP 7th of February, 2024 7th of February, 2024

2. Statement by the Trustees of the Pestalozzi Trust

3. Objectives of the Pestalozzi Trust (extract)  To preserve the fundamental rights of Christian belief, the belief that the Triune God is the creator and through the Son the Saviour of mankind, as well as Christian family values and ways of education, and the Christian duty to serve all persons without discrimination including discrimination on grounds of religion, belief or ethnicity.  To preserve for all children and families of whatever faith, the same fundamental religious, family, and educational rights and freedoms as those claimed by Christians.

4. Principles of the Trust • Pestalozzi Trust rejects the notion that parents need to be vetted by the government before they can teach their own children. • Parents would then forfeit their God-given rights and responsibilities. • Question is: To whom do children belong: to the state or to parents?

5. Beliefs as it applies to BELA Bill Parents are the God-ordained stewards of their own children, and that the family is a private sphere. Government has no right to control families and regulate the way in which parents provide for the basic needs of their children. Government interference in families through the court should be restricted to where there are clear signs of neglect or abuse. Basis for freedom in education is that God has made parents responsible for their own children. Families have the God-given freedom and duty to pass on their beliefs to the next generation through education. These same rights should be protected for all homeschoolers irrespective of faith, belief or persuasion. • • • • • •

6. Pestalozzi Trust Proposal for an amended version of Clause 35 of the BELA Bill

7. Pestalozzi Trust Proposal • Pestalozzi Trust represents wide cross- section of homeschooling community. • Requested by section of membership to develop proposal. • Proposal has been adopted by number of organisations and individuals.

8. Key elements of Proposal • Upholding the Rule of Law • Guidance for Officials in Home Education Cases • Protecting Curriculum Freedom • Addressing Homeschoolers' Concerns

9. Proposed Amendment to Clause 35 (part 1) Section 51 (1) If the parent of a learner who is subject to compulsory attendance as contemplated in section 3(1) of the Act chooses to educate a learner at home, such parent must register the learner to receive home education with the Head of Department. (2) The Head of Department must approve the application and register the learner as contemplated in subsection (1) if the parent undertakes to: (i) Ensure that home education is in the best interest of the child. (ii) Ensure that the standards to be maintained will not be inferior to the standards in comparable public schools. (iii) Provide evidence of learning or arrange appropriate assessments for submission to the Department, if there is reason to believe that the education being received by the learner is of an inferior standard to that in comparable public schools.

10. Proposed Amendment to Clause 35 (part 2) Section 51 (3) The Head of Department may investigate cases if there is reason to believe that the education being received by the learner is of an inferior standard to that in comparable public schools. (4) The Head of Department may advise and mediate to address cases where there is reason to believe that the education being received by the learner is of an inferior standard to that in comparable public schools. (5) If the Head of Department has reason to believe that home education is not in the best interest of a child, then he/she may approach a court to set aside the decision of the parents to choose home education.

11. Motivation for Proposal • Balance between state’s duty to ensure educational standards and constitutional rights of parents to decide on the education of their children. • Right and duty of parents to choose is foundational principle in international human rights education law. • Right and duty to be dealt with properly by court. • Cases of neglect can be properly dealt with, while respecting parents’ liberties and responsibilities. • Likely more cost-effective to implement than BELA Bill.

12. Freedom of Curriculum and Assessment Clause

13. “Minimum Standards” in Education law • International law requires minimum standards for curriculum and assessment in order to respect educational freedom. • The African Charter and the UN Convention emphasize education that respects cultural identity.

14. Parental Rights and Educational Freedom • International conventions affirm parental authority in choosing education that aligns with their values.

15. Home Education as Independent Education • South African law recognizes home education as an independent education institution. – White Paper 2.

16. Formalising DBE Statements • Throughout the BELA Bill process the DBE has stated that homeschoolers will enjoy freedom of curriculum and assessment and that the BELA Bill will in no way infringe on that. • The OCSLA has, however, in a legal opinion described the use of alternative curricula by independent educational institutions as “fraudulent”. • Changes to the BELA Bill are therefore required to address and formalize the DBE’s position.

17. Key Principles from Legal Precedents • Principles from a Belgium Constitutional Court case highlight the importance of: – proportionality, – autonomy, and – the minimum character of objectives.

18. Community Involvement and Lawfulness • Community involvement in setting objectives and regulations compliance with both local and international law is crucial.

19. THANK YOU!