The Basic Education Laws Amendment (BELA) Act has been a topic of significant discussion among the homeschooling community in South Africa. With the conclusion of public consultations, many parents who have chosen the path of homeschooling are seeking clarity on how this new legislation will impact their educational approach. This blog post aims to demystify the BELA Act and its implications for homeschooling families.

Understanding the BELA Act

The BELA Act is a legislative proposal that seeks to amend certain aspects of the South African Schools Act (SASA) of 1996 and the Home Education Policy of 2018. Its primary goal is to ensure that every child receives an education that meets or exceeds the quality of education provided in public schools.

Key Provisions Affecting Homeschoolers

One of the notable changes proposed by the BELA Act is the introduction of Grade R as the new compulsory school starting age, which was previously Grade 1. This amendment means that homeschooling parents will need to begin their educational provision from an earlier age. However, it’s important to note that the BELA Act does not aim to abolish homeschooling. Instead, it provides more guidance and strengthens the perception of homeschooling within the broader education sector.

Compliance and Penalties

The BELA Act also seeks to increase penalties for preventing a child of compulsory school-going age from attending school. While this may seem daunting, the intention behind this is not to curb home education but to protect the rights of learners and ensure they receive an education aligned with their age, grade, level, and ability.

The Role of Curriculum Providers

Curriculum providers play a crucial role in supporting homeschooling under the BELA Act. Reputable providers offer comprehensive Grade R programs and resources that align with the requirements set forth by the legislation, ensuring that homeschooling parents can confidently meet the new standards.

To ensure compliance with the Basic Education Laws Amendment (BELA) Act as a homeschooler, consider the following checklist:

1. Understand the Legal Framework: Familiarize yourself with the South African Schools Act of 1996 and the Home Education Policy of 2018, which the BELA Bill aims to amend.
2. Register with the Department: Ensure that you register your homeschooling setup with the Department of Basic Education to comply with Clause 37 of the BELA Bill. Parents should apply for homeschooling registration within 30 days of the Bill’s publication in the Government Gazette and keep proof of their application.
3. Follow the National CAPS Curriculum: Align your homeschooling curriculum with the national standards to meet the educational quality provided in public schools.
4. Start Education Early: Prepare to begin educating your child from Grade R, as proposed by the BELA Bill, making it the new compulsory school starting age.
5. Keep Records: Maintain detailed records of your child’s educational progress, which may be required for assessment by educational authorities.
6. Stay Informed: Keep up-to-date with any changes or updates to the BELA Bill and its implications for homeschooling.
7. Comply with Assessments: Be prepared for potential assessments or inspections by educational authorities to ensure compliance with educational standards. The Act includes compulsory schooling from Grade R and requires students to be evaluated by a qualified assessor at the end of each educational phase.
8. Understand the Penalties: Be aware of the increased penalties for non-compliance, such as preventing a child of compulsory school-going age from attending school.

By adhering to these steps, you can confidently navigate the requirements of the BELA Act for homeschooling. For more detailed information, please contact the Pestalozzi Trust and the Department of Education. 

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