Know your rights: Can your child be suspended for unpaid school fees?

By: Natasha Archary

Can your child be suspended for unpaid school fees at a private school? Yes. However, a reasonable procedure must be taken to ensure that the situation is amicably resolved.

The South African Schools Act 84 of 1996 (“Act”) recognises both public and independent/private schools.

But with public schools falling under government control and the private school sector being independently managed, the same rules do not apply.

While the Act prohibits public schools from withholding academic report cards or suspending learners for unpaid school fees, the same does not apply to private schools.

Public vs private school

Public schools are co-ordinately run by government, with operational costs of the school and teacher’s salaries covered by the State.

School fees at public schools are markedly cheaper than private schools and there are a number of no-fee schools across all provinces that are managed by the Department of Basic Education.

Independent schools on the other hand must operate at their own cost, which means the schools’ primary income comes from the school fees.

With a large chunk of private schools’ budgets going towards teacher salaries, approximately 60% – 70%. The rest of the budget is for operating costs, resources, and service providers.

This means if parents fail to honour the school fees at private schools, it places pressure on the school’s ability to operate efficiently.

In addition, private schools are chosen by parents and the decision to send children to an independent school is not obligatory.

So, non-payment of fees at a private school is a breach in the contractual agreement entered into by the parent or guardian and is therefore enforceable by law.

Private schools can under the full ambit of the law, attach immovable property, suspend the child and exclude the child from activities at the school if fees go unpaid.