A Pretoria high school has reversed its decision to reject an application for a former home learner to enter the school for Grade 8.

The school reconsidered its position after representations from the parent. The parent was supported by the Pestalozzi Trust and assited by a former member of the Pestalozzi Board of Trustees.

In October 2006, a Pretoria high school had refused to accept an application for a former home learner to enter the school for Grade 8

On 11th October, Linda Bennet, a widow and Pestalozzi Trust member [all names changed to protect identities], applied to register her son James to enter Grade 8 at a Pretoria high school in January 2007.

James had been homeschooled for several years, after which he attended a primary school for two years, to return to home education for his Grade 7 year in 2006. James had not been registered for home education with the provincial education department.

The secretary at the school refused to accept Linda's application unless it was accompanied by a letter stating that Linda had had "permission" from the provincial education department to educate James at home.

The School was contravening the SA Schools Act, and was acting contrary to the national policy on the admission of children to public schools by refusing to admit James to Grade 8.

The story has a happy ending. With the support of the Trust, one of our former trustees helped Linda to draft a suitable letter to the school, explaining the law on admission of learners to public schools.

After receiving Linda's letter, the school admitted James without further ado!

This school was ignorant of the applicable laws and policies, and one can have sympathy with their ignorance, given the plethora of provisions they have to comply with. What cannot be excused is that the school failed to inform themselves of the law, but made decisions based on what they thaught the law should allow them to decide.

This kind of situation is regrettably very common. Indeed, it is recognised in administrative law that well meaning but ignorant officials are the most common source of human rights infringements.

Where homeschoolers are concerned, this is perhaps even more necessary, because it is so little known and undedrstood. Accordingly, almost all officials are even more ignorant of the law on home education than they normally are. And this refers not to the average officia, but to the officials charged with the duty to administer home education.

This is not the case in South Africa alone. Recearch shows that the same situasion is pervasive also in the USA, where there are more than two million children in home education.