- According to the Basic Education Laws Amendment Act, 2011, every child in South Africa has the right to an education. If your child has been denied access to education because they have special needs, you can challenge this.
- A public school must admit learners and serve their educational requirement without unfairly discriminating in any way: SASA Section 5 (1)
- In determining the placement of a learner with special education needs, the Head of Department and principal must take into account the rights and wishes of the parents of such learner: SASA Section 5 (6)
- Any learner or parent of a learner who has been refused admission to a public school may appeal against the decision to the Member of the Executive Council: SASA Section 5 (9)
Notwithstanding the provisions of any school admission policy, in the case of a learner who has not been placed at any school 30 school days after the end of the admission period, the District Director may place that learner at any school -
- which has not been declared full in terms of Regulation 8, and
- in respect of which there are no remaining unplaced learners on a waiting list.
- Regulations on admission of learners to Public Schools 2012: SASA Section 5 (8)