1. DRAFT WESTERN CAPE PROVINCIAL SCHOOL EDUCATION AMENDMENT BILL, 2018
Standing Committee on Education Briefing
Provincial Parliament
2018/04/17
Lynn Coleridge-Zils

2. BACKGROUND
The Western Cape Provincial School Education Act was promulgated in 1997
The WCPSE Amendment Act was promulgated in December 2010
The WCPSE Amendment Bill was published on 30 August 2016 and out for comment until 23 September 2016
Need to legislate provincial policy developments
National Developments in relation to change in mandate
- Adult Education and Training
Requirement for regulating provincial policy developments
UNDERPINNED BY EMPHASIS UPON QUALITY EDUCATION OUTCOMES, ACCOUNTABILITY AND TRANSPARENCY
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3. OVERVIEW OF THE BILL AMENDMENT BILL
NATIONAL DEVELOPMENTS
MONITOR & SUPP. CURRICULUM DELIVERY
SCHOOL EVALUATION AUTHORITY (SEA)
COLLABORATION & DONOR FUNDED SCHOOLS
INTERVENTION FACILITIES
TECHNICAL
AMENDMENTS
TESTING AT SPECIAL & FOCUS SCHOOLS
USE & SALE OF ALCOHOL SUBJECT TO CONDITIONS
WRITTEN CONSENT OF PARENTS FOR EXCURSIONS
REGULATIONS
AMENDMENT BILL
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4. DEFINITIONS - AMENDMENT OF SECTION 1
Provides for :
the deletion of the definition of “adult education”;
the insertion of the following definitions:
‘Chief Evaluator’ as contemplated in section 11A(2)(a);
‘circuit manager ‘means the head of a circuit office in an education district’ who executes functions that have been allocated by the district director or the Head of Department;
‘collaboration school’ as contemplated in section 12C;
‘donor‘ a person contemplated in section 12C(2)(a) or 12D(1) who provides funds or property to a collaboration school or a donor funded public school for the purposes of supporting that school so as to develop a sustainable model for improved education outcomes;
‘donor funded public school’ as contemplated in section 12D;
‘evaluator’ of schools appointed in terms of section 11A(4)(b); .

5. DEFINITIONS CONTINUED…...
‘intervention facility’ as contemplated in section 12E;
‘operating partner’ means a non-profit organisation that is authorised to place its capacity, skills or resources at the disposal of a collaboration school to empower the governing body, school management team and educators at the school to develop systems, structures, cultures and capacities necessary to deliver quality education;
‘school improvement plan’ means a plan which defines a public school’s targeted priorities for improved educational outcomes and for shaping the direction and development of the school;
‘Schools Evaluation Authority’ means the Western Cape School Evaluation Authority contemplated in section 11A(1); and
‘subject advisor’ means a specialist office-based educator in a district office or circuit office whose function is to facilitate curriculum implementation and improve the environment and process of learning and teaching by visiting schools and consulting with and advising school principals and educators on curriculum matters.
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6. TECHNICAL AMENDMENTS IN SECTIONS 3 & 4
Amendment of Section 3 (relates to provincial competency)
Deletion of reference to the South African Schools Act, 1996 (Act 84 of 1996) :
Subject to the provisions of the Constitution, the Provincial Minister may, determine policy which is to be pursued in respect of education in schools in the province, taking into account various principals namely that—
Amendment of section 4 (Adult Education - Department of Higher Education and Training’s mandate)
Deletion in subsection 4(1)(b) to the reference of adult education (previously provided that the Provincial Minister may provide for adult education)
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7. MONITORING & SUPPORT IN CLASSROOM?
Section 9A - Inserts a new provision where the following officials may conduct monitoring and support of curriculum delivery by the educator in the classroom -
Head of Department
District Director
Principal
Operating Partner
Or authorise -
Subject Advisor
Deputy Principal
Subject Head
Principal may be monitored-
HOD
Circuit Manager
Authorised representative of an
operating partner
HOD may make rules for monitoring
And support
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8. EDUCATION COUNCIL – INSERTION & TECHNICAL AMENDMENT S11(9)
The Education Council may provide the Provincial Minister with an advisory report.
The Provincial Minister must consider the advisory report and inform the Chairperson of the Education Council of his or her decision.
Promoting Transparency and Accountability .

9. SCHOOLS EVALUATION AUTHORITY (SEA) ……..SECTION 11
Minister establishes SEA (s11A)
Minister appoints a Chief Evaluator (s11A)
Appointment of Assessors (s11A)
Evaluate schools - 2 Days Notice; or
No Notice (s11D)
Notice to District Director, Principal and governing body
SEA writes a report with findings and recommendations (s11D)
Findings and Recommendations are published (s11D)
Head of Department provides resources, administrative and infrastructural support to SEA (s11F).
SEA MUST BE INDEPENDENT, CREDIBLE, ACCOUNTABLE OPEN AND TRANSPARENT
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10. SEA CONTINUES
Insertion of sections 11A,11B,11C,11D, 11E, 11F, 11G and 11H
Establish an independent Schools Evaluation Authority and for the appointment of a Chief Evaluator of schools and Assessors (s11A).
Eligibility criteria for the appointment (s11B).
Removal from office of the Chief Evaluator and Assessor (s11C).
Functions of the Schools Evaluation Authority (s11D).
Payment of remuneration and allowances (s11E).
Provision of general support by the Department (s11F).
Dissolution of the Schools Evaluation Authority(s11G).
Provincial Minister to make regulations (s11H).
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11. WHY IS SCHOOL EVALUATION IMPORTANT?
LEARNERS GET ONE CHANCE AT THEIR EDUCATION
TO DRIVE SCHOOL IMPROVEMENT
BECAUSE OF POTENTIAL IMPACT ON LEARNER OUTCOMES
DIAGNOSE PROBLEMS
PROTECT YOUNG PEOPLE

12. HOW DO SCHOOLS AFFECT PUPIL OUTCOMES?
GOVERNANCE THAT SUPPORTS GOOD LEADERSHIP
LEADERSHIP THAT ENABLES GOOD TEACHING
TEACHING THAT GENERATES LEARNING
PUPIL OUTCOMES: BEHAVIOUR, ACHIEVEMENT, QUALIFICATIONS

13. WCED Vision: Quality Education for Every Child
in Every Classroom in Every School in the Province
WCED Vision:
Provide public accountability on the quality and standards of education provision in schools in the WC
Build capacity for systems improvement
Make information accessible to increase parent and community engagement on school quality 1
And a new strategy for school evaluation in the Western Cape 2 3

14. COLLABORATION & DONOR FUNDED SCHOOLS-SECTION 12
S12(1) – makes provision for collaboration schools and donor funded schools as additional types of public schools.
S12A – Technical amendment to this section.
Collaboration Schools (s12C)
Provides for the establishment of new collaboration schools and the declaration of existing schools as collaboration schools by the Provincial Minister. Provision is made for matters pertaining to governance of these schools and for the appointment of staff by the governing body.
Donor Funded Schools (s12D)
A further provision is made for the establishment of donor funded schools and the declaration of existing schools as donor funded schools by the Provincial Minister. Provision is also made for matters pertaining to governance of these schools and for the appointment of staff by the governing body.

15. Structure of Collaboration Schools
Donor Group
Collaboration School
Prov Gov/WCED
School Operating Partner
Public School
Memoradum of Agreement
Funding Agreement
Operating and Service Level Agreements
Collaboration Schools

16. Improve Access to Quality Education in Poor Communities
A “Collaboration School” is a new type of public school, run in partnership between an experienced non-profit school support organisation the “operating partner”, and the WCED which will oversee performance and will hold the school and the operating partner to account as part of the public education system.
This model of schooling will enable school leaders and operating partners to access additional resources and will allow for greater management flexibility to explore new ways of improving the efficiency and effectiveness of schooling.
School operating partners will ensure intensive support to teachers and principals through training, additional resources, performance monitoring and regular feedback. The overall aim is to substantially improve educational outcomes for learners in these schools.
Governance model
S12(C)(9) - Membership of a governing body of a collaboration school shall comprise 50% of representatives of the operating partner with voting rights, and 50% of other members of the governing body with voting rights.
A governing body of a particular governing body can comprise of more that 50% of other governing body members with voting rights, declared by the Provincial Minister on good cause shown.
In the event of an equality of votes the matter must be determined by a majority vote at a general meeting of parents present and voting (S12C(10)).
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17. INTERVENTION FACILITIES - SECTION 12
Alternative to Expulsion
Minister may establish intervention facilities (s12E)
Subject to availability of resources
Facilitate learners who are recommended for expulsion, suspended or as a sanction
Referred by HOD (s45)
Up to a period of 12 months (s45)
Subject to parental consent (s45)
Provide therapeutic programmes and interventions (s12E)
Receive access to education (s12E)
After completion of the referral learner returns to school
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18. AMENDMENTS - SECTIONS 13, 14, 16, 18 & 20B
S13(7) – Rectifying a reference to a legislative provision.
S14(1) – Removing the requirement for the Provincial Minister responsible for financial affairs in the Province, when the Provincial Minister responsible for education enters into an agreement with the owner of private property to provide a public school on private property concerned.
S16(6) – Removing the requirement for the concurrence of the Provincial Minister responsible for financial affairs in the Province, when an agreement is entered into between the Provincial Minister responsible for education and the prospective owner of immovable property for the alienation of land owned by the state which is occupied by a public school.
S18 – Removing the obligation to comply with section 33 of the South African Schools Act, 1996 (Act 84 of 1996) in respect of the closure of a part of a public school.
S20B(1)(a) – Technical amendment by removing the requirement to consult with the Education Council when the Provincial Minister makes regulations relating to basic infrastructure and capacity at public schools.
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19. AMENDMENTS - Sections 40, 41, 45C & 58
S40 – Repealed in its totality (reference to outdated legislation)
Conduct testing in special needs and focus schools
S41– Provides that the prohibition on a governing body to administer tests for the admission of a learner to a public school not apply to public schools for learners at a special school for learners with barriers to learning or special schools which provides education with a specialised focus as contemplated in section 20A of the Principal Act.
Parental consent for excursions
S45C – Provides for a public school to obtain prior written consent from a parent authorizing a learner to attend a school activity outside the school premises.
Creation of further offences
S58 – Provides for further offences in relation to the hindrance of the Schools Evaluation Authority in the performance of their duties or the performance of a specified power or failure to comply with a written request for documentation.
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20. Exception to Prohibition of Alcoholic Liquor - S45B
Sale or consumption of alcoholic liquor
S45B :
Applications for the sale or consumption of liquor on school premises or during school activities have to be sanctioned by the Head of Department
The sale and consumption of alcoholic liquor on school premises or during school activities will be subject to any conditions imposed by the Western Cape Liquor Act, 2008 and any other conditions set by the Head of Department, principal or governing body
Sale or consumption of alcoholic liquor will not be permitted during school hours
The Head of Department may after due process, or in case of an emergency without due process, withdraw the approval for the sale and consumption of alcoholic liquor on school premises or during school activities
The Head of Department may on good cause shown by the school, reverse or suspend his or her decision
Provision is made for an appeal process
The Head of Department may issue guidelines to schools on the consumption or sale of alcoholic liquor on school premises or during school activities
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21. REGULATORY PROVISIONS – INSERTIONS IN SECTION 63
S63 empowers the Provincial Minister to make regulations on the following:
the funding and governance models for collaboration schools and donor funded public schools (cI);
the norms and standards for the granting of subsidies to independent schools (cJ);
the promotion and progression of learners at public schools (cK);
the norms and standards for an intervention facility (cL);
the admission of learners to public schools (cM);
the procurement of goods and services relating to education in the province (cN);
the monitoring of, and access to, an independent school (cO); and
the procedure for registration as an independent school (cP).
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23. Adv. Lynn Coleridge-Zils
Director: Policy Co-ordination
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