Platinum legal package

Dear valued client,

As we start the last quarter of the 2022 academic year, every school should be reviewing all Policy Documents as well as the Schools Code of Conduct to ensure that all documentation is legally compliant, incorporates the changes in recent legislation and falls within the new Transformation Guidelines as laid out by the Department of Basic Education.

School governance in South Africa is about the single most important factor in education that appears to experience apparently insurmountable challenges.

At Buswell and Associates, we are deeply committed to schools and understand the opportunities and challenges that you face. We deliver high quality training, products and advice to schools on a national scale at affordable prices. Recognised as a leading service provider in the South African education sector, we have a team of specialists with experience in all aspects of school management and provide accessible, independent and committed advice.

When you purchase this product, you will receive the following:

1. Code of conduct – An external legal review audit

Following numerous allegations of the lack of transformation at schools around the country, we have noted that most Codes of Conduct at South African schools comply with the constitution but polices are often implemented unevenly in many cases and make learners feel uncomfortable.

Legal review and audit

Our educational legal team, will provide a full legal review/audit of your schools Code of Conduct to ensure that:

• There are no policies’ or clauses that could lead to the school being accused of structural racism or institutional discrimination.
• Your Code of conduct and disciplinary processes are aligned with the latest legislation.
• All Codes of conduct policies are comprehensive, legal and current.
• Your Code of conduct represents the “whole school” positive behaviour approach and is inclusive.

Additional Policy documents to be audited:

• Admission policy
• Staff equity policy
• Language policy
• Religious policy
• HIV Policy

1. A copy of the guidelines to the Codes of Conduct and Disciplinary procedure Hand guide (electronic copy)

The purpose of this valuable hand guide is to assist staff and management with the following:

• To align the school’s disciplinary proceedings with the latest legislation
• To advise schools of their obligations and administrative procedures for disciplinary procedures for disciplinary proceeding as contained in the codes of conduct for learners as adopted by each school
• To give guidelines on conducting a disciplinary hearing and the due process to safe guard the interests of the learner and party involved in the disciplinary procedure

Topics covered in this hand guide/support pack

1. The Schools Codes of Conduct

A legal perspective, objectives and requirements, processes for the establishment, scope, structural framework for a supportive and restorative codes legal infringements.

1. School rules

Categories and the accommodation of religious or cultural practices.

1. The disciplinary procedure

The management of the process, guiding principles, school governance, administrative action, hearings, suspension, notices, collective action appeals, role of the chair, evidence leader, mitigating circumstances and the media.

1. Whole school governance manual – 6 products in one, for the exclusive use of your management team as well as all educators. This product includes the following manuals:

• Child protection manual (Ensuring compliance with all reporting obligations)
• School safety manual (Ensuring compliance with the NOASH Act)
• A comprehensive school discipline manual
• Staff wellness manual
• Prevention and management of racism and segregation manual

These manuals contain policy documents as well as templates for all Umalusi audit requirements.

1. Legal consultation – help desk- school governance solutions focused and pragmatic advice

Out team of legal experts are available to  schools on a 24-hour basis. We serve as a single point of reference for schools, providing access to the expertise of our educational legal services team. Together, we have sector specific knowledge and experience.

Our aim is to empower our clients’ decision making and help them find effective solutions to the legal issues.

The help desk provides consultancy, advice and immediate input to the following:

• Review of any litigation documents sent by an attorney on behalf of a learner/parent
• Disciplinary hearing case management( Staff, educators and learners)
• Codes of conduct queries
• Drawing up of charge sheets
• Allegations and reports of sexual assault and abuse cases
• Drug search and testing advice
• Peer victimisation
• Social media issues/pornography/harassment
• The death of a learner or member of staff
• Staff discipline issues

1. Benefits to becoming a Platinum school

• Instant access to competent, sound legal advice
• Improved governance in the school, which is more effective in raising or maintaining high standards
• Avoidance of legal litigation which can be very costly
• A support mechanism to management and the school based support team to ensure legislative compliance when reporting cases
• Compliance with the criminal procedures act, children’s and sexual offences acts
• A regular review of your Codes of conduct in order to provide an inclusive and appropriate set of rules.
• Legal school clients receive legal updates on any changes in legislation and case law