It is not legal to refuse admission to a public school. S5(1) of the BELA Act states : "A public school must admit, and provide education to, learners and must serve their educational requirements for the duration of their school attendance without unfairly discriminating in any way."

It is also not legal to refuse admission if parents cannot provide required documents. S5(1A & B) of the BELA Act states : "Any learner whose parent or guardian has not provided any required documents, whether of the learner or such adult person acting on behalf of the learner, during the application for admission, shall nonetheless be allowed to attend school. The principal of the school must advise the parent or guardian to secure the required documents."

Public school may also not require any tests. S5(2) of the BELA Act states : "The governing body of a public school may not administer any test related to the admission of a learner to a public school, or direct or authorise the principal of the school or any other person to administer such test."

Sometime the school might have concerns about whether the learner will successfully complete the grade in which the parents want to place the learner. The law does not prescribe a process through which learners must be placed in a grade. In such a situation parents must negotiate with the school which grade will be in the best interest of the learner. Parents that need assistance with such negotiations can click here for a consultation session on this matter.

Independent schools may have other admission requirements, as long as they do not discriminate on the basis of race.

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