Registering for Homeschooling

versus Notification!

One of these principles that is applicable to homeschooling is the following:

“Parents or guardians have the primary responsibility for the education of their children, … Parents have an inalienable right to choose the form of education which is best for their children, particularly in the early years of schooling, whether provided by the state or not, subject to reasonable safeguards which may be required by law.”

As stated on our FAQ page, most homeschoolers in South Africa choose NOT to register their children for homeschooling with the Department of Basic Education, as this often results in unlawful interference by uninformed education officials, which is NOT in the best interests of the children.

Read the page Registering with the Department versus A Child’s Best Interests for a fuller explanation of how complying with the registration process may or may not be in the best interests of children. Complying might amount to neglecting to protect the rights of your children, which is a punishable offence!

Most parents who choose homeschooling genuinely have their children’s best interests at heart and they know that it is their right to educate their children as they see fit, without government “supervision”! They believe that should they ever be challenged, that they could easily show that they are meeting the minimum requirements of the state, regarding their children’s education.

However, since the circumstances of families differ and policies change from time to time in various provinces, we usually advise new homeschooling parents to contact the Pestalozzi Trust, the homeschool legal defence association in South Africa and then give them a call for accurate advice that pertains specifically to your scenario.

Notification preferable to Registering for Homeschooling

In the past in 2014 and 2015, the provincial home education associations and other home education representatives took the position that registration, which amounts to asking permission from the Department of Basic Education to home educate is a fundamental violation of the rights of parents and children. In 2015, in meetings with the DBE, home education representatives agreed that notification would be reasonable but not registration which required permission to educate children at home.

The process of notification would be similar to the process of notifying the state about the birth of a child. You would simply inform the DBE that you are home educating your child and opting out of state or private schooling. You would not be asking permission to apply your rights and responsibilities as the parent of your child.

Sadly, there is no provision in the law nor an administrative process for parents to notify the state of their intention to home educate a child. Non-compliance seems to be the only alternative!

In practice, recent data from the DBE shows that very, very few parents have registered with their children for home education with the DBE. We know that some have tried and found that this is as not as straightforward as it should be. Many of them had to wait months for approval, while some never received a response from the DBE at all!

These delays or ‘radio silence’ from the DBE can be stressful parents who want to register. The reality is that most provincial departments, which are tasked with dealing with home education applications, are understaffed. The staff do not have the capacity to handle the rather complex home education registration system.

But What If…?

Parents of both registered and unregistered learners often stress about being investigated for home education. “What if someone reports me or comes to check up on my kids?” they worry. The best advice is to remember that home education is a legal option. To ensure that your children’s right to receive basic education is being realised, you should pay attention to their progress and keep records of the resources you have used and their accomplishments. Read our articles about Homeschool Assessments and Homeschool Reports.

Another concern that some parents have is: “Can my children return to school?” If home education doesn’t work out or if their family circumstances change significantly, some families want the peace of mind of knowing that their children’s education will not be compromised in any way. Our article about Removing or Returning a Child to School addresses this issue. In short, home educated children can return to school and the government is legally obliged to provide schooling for them. Should they ever need to go back to school, they may not be refused as schooling is compulsory if you are not homeschooling, so any state school has to accept them and put them in the age-appropriate grade. Because you are giving them a one-on-one learning environment, they will be at a high standard, you can rest-assured.

To Register or Not to Register

Many parents, who in every other way are law-abiding citizens, have wrestled with the decision about whether to register or not to register with the Department of Basic Education. In some homeschooling circles on social media, there have been heated debates with conflicting views being aired. Those who follow an approach that is not the same as school-at-home are often reluctant to register in case they are forced to change their style of education.

Is Non-compliance Lawful? Is it Legal not to Register?

As many of the articles on our website explain, this is not a simple matter. Various other laws, besides the SA Schools Act are applicable. While legal experts in the home education community believe that the requirements of the policy and law are flawed, and generally, are not in the best interests of many children, the issue of home education registration will only be definitively settled when the issue is brought before the Constitutional Court. Until that time all views, including this one, are merely speculation. Read our Disclaimer!

Last updated on 1 May 2024.