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South African Schools Act, 1996 (Act No. 84 of 1996)

Chapter 3 : Public Schools

12. Provision of public schools



1) The Member of the Executive Council must provide public schools for the education of learners out of funds appropriated for this purpose by the provincial legislature.


2) The provision of public schools referred to in subsection (1) may include the provision of hostels for the residential accommodation of learners.


a) A public school may be-
i) an ordinary public school
ii) a public school for learners with special education needs; or
iii) a public school that provides education with a specialised focus on talent, including sport, performing arts or creative arts.
b) Subject to the relevant provisions of this Act, the Minister must determine norms and standards for school funding and norms and standards for governance and educator provisioning for public schools contemplated in paragraph (a)(iii).


4) The Member of the Executive Council must, where reasonably practicable, provide education for learners with special education needs at ordinary public schools and provide relevant educational support services for such learners.


5) The Member of the Executive Council must take all reasonable measures to ensure that the physical facilities at public schools are accessible to disabled persons.


6) Nothing in this Act prohibits the provision of gender-specific public schools.