Parents and teacher unions express concerns over new draft regulations aimed at protecting pregnant pupils, warning that they may impose excessive responsibilities on educators
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The draft regulations meant to protect pregnant pupils against victimisation in schools put teachers at risk of being sued if the learner has medical complications. That was the warning issued yesterday as parents and labour unions said the new draft regulations could create an “onerous responsibility” for school teachers and undermine teaching and learning.
The KZN Parents Association is cautioning that schools are already under strain from various challenges, and while the draft regulations are necessary, they place extreme responsibility on already fragile systems. A teacher union has warned that this will place both teachers and pupils at unnecessary risk.
Other teacher unions have stated that the regulations are “nothing new” and are necessary to ensure that children are not punished. The Department of Basic Education recently released the regulations for public comment. It said it is aimed at ensuring that the education of children is not derailed by pregnancy and that pupils who have fallen pregnant are not victimised. The regulations detail the extensive roles that the school principal must play in keeping the pregnant learner in school.
However, parents are concerned about the expectations created by the regulations on schools. Vee Gani of the KZN Parents Association said the draft regulations create an onerous responsibility for schools. “If you look at these regulations, they state that the school must set up a team to handle the issue. The department is saying that they are leaving this essentially at a school level.”
He added, “Schools are already battling; they are struggling with poor infrastructure, a shortage of staff, lack of resources, and bullying. If one looks at all the things that are listed here, there are rising concerns that they will create an onerous responsibility for the school principal to deal with. The system is already overworked.” He warned that at this rate, this will endanger educational outcomes.
“The educators are already overworked; if they have to do all this additional work now, where will they find the time for teaching and learning? The regulations are placing additional work on the school without providing them with any additional support,” he warned.
Mathemba Mabija, the general secretary of NATU (National Teachers Union), said that they do not support the draft proposal as it adds work for teachers and puts them in danger by asking them to do work they are not trained for.
“While every child has a right to be at school, there must also be accountability. We are saying it cannot be that the work of social workers and nurses is now being transferred to teachers; the teachers are not trained for this,” he said.
“If something goes wrong or there are medical complications, that puts the teacher at risk of being sued by the parent, who can argue that the teacher had performed a function they are not qualified to perform. If the teacher gets sued, will the department defend that teacher?” he argued.
Basil Manuel, Executive Director of the National Professional Teachers’ Organisation of South Africa (NAPTOSA), said they support the regulations. “There is nothing new in the regulations; there is some iteration about the structure that is supposed to be set up, but we are in support,” said Manuel.
He acknowledged the complaints being raised but believes the regulations are key to addressing the challenges in schools.
On the issue of teachers having more administrative work, he said, “Somebody has got to do it,” adding that it is important for the school principal to know the regulations. “There have been instances where school principals were prohibiting pregnant pupils from writing exams; we can never have that again,” he said.
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