School discipline and the law-What you need to know?

Yes, once again we speaking about a matter that no one really wants to talk about. Nevertheless the increasing lack of discipline in South African schools and the impact thereof is well known. In most instances, existing punitive measures do not yield the required results. Yet, schools continue to scramble to find alternative punishments that will result in a disciplined environment conducive to teaching and learning. Albert Einstein rightly said: “Insanity is doing the same thing over and over again expecting different results.”

What is the need of discipline in school?

Discipline is essential?to maintain a learning environment in school. If a child is not disciplined, he will never be able to implement his plans in real life which will later cost him way too much. If there will be no discipline in a school, the students will be free to do anything. Everyone will bunk the classes.

What are the 3 types of discipline?

The Three Types: Preventive Discipline -- measures taken to preempt misbehaviour by keeping students engaged. Supportive Discipline -- measures taken to assist students with self-control by helping them get back on task. Corrective Discipline -- measures taken when students are not following classroom or school rules.

What is the current situation in South African schools with regard to discipline?

According to the South African Schools Act, all learners attending a school are bound by the Code of Conduct of the school.?If the learners break this code of conduct, the schools are allowed to discipline them in order to teach them acceptable behaviour.

What laws impact how your child can be disciplined at school

According to the?South African Schools Act, all learners attending a school are bound by the Code of Conduct of the school. If the learners break this code of conduct, the schools are allowed to discipline them in order to teach them acceptable behaviour. However, the Act does forbid corporal punishment. This is defined as any physical punishment that is intended to do grievous (serious) bodily harm to the child. Corporal punishment is seen by the law as an action that would violate (go against) the basic rights of the child.

Meanwhile,?the Constitution?also ensures the protection of children. It states that everyone has the right to freedom and security, including the rights to be free from all forms of violence, not to be tortured, treated or punished in a cruel, inhuman or degrading way. It further protects every child from maltreatment, neglect, abuse or degradation. It also states that everyone has inherent human dignity and the right to its protection.

Lastly, the 2005?Children’s Act?states that any behaviour that would cause injury to a child, whether it is physical or emotional, is not allowed.

The?National Education Policy Act?of 1996 mandated that the minister of education develop policies about the control and discipline of learners, said Mila Kakaza, spokesperson for education advocacy NGO Equal Education. This was to ensure that “no person shall administer corporal punishment, or subject a student to psychological or physical abuse at any educational institution”.

Learners who have been abused by an educator or any staff member of a school can report it to the Head of Department, the principal or alternatively the school governing body. External bodies like the Department of Social Development, Department of Education, the Police and the South African Council for Educators can also be approached.

What methods are schools allowed to use to discipline pupils??

There is a difference between discipline and corporal punishment. Discipline means teaching acceptable behaviours and unlearning maladaptive behaviours with support, guidance and direction in managing behaviour. Discipline is about setting limits, clarifying roles, responsibilities and mutual expectations and creating a predictable, orderly and stable life. It is not punitive and is in the best interests of the child. On the other hand, corporal punishment intends grievous bodily harm and violates the basic rights of the child.

What are some examples of corporal punishment??

Forms of corporal punishment include hitting with a hand or an object, pinching, burning, throwing objects at a learner, forcing children to stay in uncomfortable positions, kicking, grabbing, scratching, pulling hair; or denying a child meals, the use of the toilet, and shelter from heat or cold.

Does discipline differ when it comes to learners with behavioural problems or special needs??

Disciplinary methods are the same for learners with behavioural problems. It is important to take cognisance of the emotional level of functioning of the child with special needs and respond accordingly and appropriately. Learners with behavioural problems are acting out and crying for help and need structure, routine, and predictability in their lives and they should be treated like all other children.

When it comes to learners with disabilities, teachers must be trained to appropriately assist learners with disabilities, and that means understanding the specific disabilities of each learner. However, learners with disabilities are more vulnerable to, and more likely to experience physical abuse than children without disabilities. A?2012 UNICEF report?entitled Violence Against Children in South Africa explains that children with disabilities are easy targets for abuse because they may be less able to report it, and are less able to defend themselves.

When can school staff be taken to court or apprehended for abuse??

An educator or school staff member who has violated a child may have to follow legal processes. Section 110 of the Children’s Act says teachers are legally obliged to report abuse to appropriate authorities. The district office will investigate complaints of corporal punishment against school staff and, depending on the outcome, will refer the case to the Labour Relations Directorate for further investigation and disciplinary hearings.

The?Employment of Educators Act, as amended, distinguishes between misconduct and serious misconduct and attaches different consequences to each. If the misconduct is also a criminal offence, separate and different proceedings will occur. Serious misconduct could lead to dismissal. Other forms of misconduct could lead to counselling, verbal or written warning or final warning, fines, suspension, demotion, or dismissal.

What can pupils do if their school has infringed on their rights??

Learners who have been abused by their schools need to escalate the complaint to the highest structures. The learners can report it to the head of department (HOD), and if it is the HOD who has inflicted this punishment then the learner should take it up with the principal. The next platform would be the school governing body.

Incidences may also be reported to outside bodies like the Department of Social Development, Department of Education, SAPS, and the South African Council for Educators. It is important to note that learners must be made aware of how to report corporal punishment, and that systems must be put in place that allow learners to report incidences while protecting them from reprisal.

Final Thoughts:

Discipline?helps people to build an attitude that becomes the key to becoming successful. They are able to set a great example for others in society. It is because everything gets finished within the given deadlines, disciplined people always have time to revise their work and improve their decisions.

Restorative School Discipline: This will be discussed in detail in our next edition

The Law and Practice seeks to provide an alternative approach to discipline. However, to implement this approach, a complete mind-shift is required. This mind set requires an understanding that to discipline learners is to teach socially acceptable behaviour. The restorative approach entails moving away from an approach that merely focuses on the ill-disciplined learner to an approach that focuses on preventing disciplinary problems, changing the culture of the school and restoring the harm done to those affected by the misconduct. The restorative approach involves focusing on finding solutions to address the needs and interests of all the role-players in the school community, rather than finding suitable punishments. Thus, focusing on the best interests of every learner as well as those of educators. Restorative discipline is a value-driven approach that respects the human rights of every stakeholder and also protects, promotes and fulfils everyone’s human rights.

This highlights the social justice implications as well as the impact of discipline on the neurological functioning and development of the child.