The “Principal” Principle

When making extensive use of online resources, it can be difficult to know whether you are, for legal purposes, homeschooling or enrolled in an online school. The Principal Principle can help you draw the line.

This is not so much about who helps you teach your child, or what, when, and how you teach, but about who is the “principal” of your home school. Here we mean your own homeschool with your own child(ren), not a cottage school.

If you as the parent take final responsibility and exercise control over your child’s education, you are homeschooling. Just like the principal of a school doesn’t pick up all the litter or do all the tasks, but makes sure schooling happens, you don’t need to teach or check every lesson yourself. What matters is whether you are directing the education.

The Law

SASA Section 51(2)The Head of Department must approve the application and register the learner … if he or she is satisfied that - (i) education at home, as provided for in this Act, is in the best interests of the learner;(ii) the parent understands what home education entails and accepts full responsibility for the implementation of home education for the learner.

So, it starts with your intention:Are you intending to take full responsibility? → Then you are homeschooling.

Are you placing your child in an educational institution that takes responsibility? → Then you are not homeschooling.

DBE Guidelines on Home Education

The Home Education Guidelines (DBE) confirm that parents registered for home education may make use of tutors or online resources if:- It is necessary for the learner’s implementation of home education,- It is done under the parent’s direction, primarily at home or in a place the parent controls, and- The parent remains fully responsible and provides supervision.

Key points:- There is no pre-approved list of tutors or providers parents must use.- Parents must ensure providers are suitably qualified.- But: parents may NOT enroll their learner full-time in an online school or centre—that would delegate full responsibility to the provider, arguably.

Online Schools and Registration

Online schools are only operating in terms of the Schools Act if they registered with an EMIS/CEMIS number. Any person that conducts a “school-like activity” without registration could technically be prosecuted under the SA Schools Act.

The DBE has taken a lenient approach while regulations are being developed, but, if your child who is of compulsory school-going age (6-15 years old) is enrolled in an unregistered online school, that child is not legally registered for compulsory schooling. In such cases, the parent can face prosecution (although this is currently unlikely).

Advertising Confusion

Some providers call themselves an “online school” but are really online service providers.The difference is crucial: an “online school” is taking over responsibility; an “online service provider” only provides support while the parent stays responsible. Always ask providers to clarify their role.

Homeschooling or Online Schooling?

Homeschooling (Legal under SASA s51):-

• Parent is the “principal”.

• Parent accepts full responsibility for education.

• Can use tutors, co-ops, online resources.

• Education directed and supervised by parent.

• Registered with the Provincial Education Department as home education.

  
  

Online Schooling

• Requires EMIS/CEMIS number to be a registered school).

• The school has a principal who takes ultimate responsibility.

• Parent delegates full responsibility to school.

• The school acts in place of the parent - "in loco parentis".

• Learner enrolled full-time with provider.

• Education directed and supervised by the school.

WARNING: Learners in unregistered online schools are NOT registered for compulsory schooling. This exposes parents to potential prosecution.