Discipline is essential for effective teaching and learning. It is not possible to teach or learn in an environment that is disorderly, disruptive and unsafe. The purpose of this monograph is to give an overview of the legal framework for school discipline and punishment and to provide basic information on a range of critical issues for easy reference. The content of this monograph focuses on the following critical issues: Discipline and effective schools, creating a disciplined school environment; Legal framework for school discipline, the delegation of authority and the sources of law; Discipline, punishment and human rights, specially school discipline and the Bill of Rights; Developing a code of conduct and the components of a Code of Conduct; Due process: The content of the right to due process and the disciplinary hearing; Forms of punishment and the legal limits; Conducting searches within the right to privacy; Bullying in schools, the legal duty and liability; Criminal behaviour in schools in relation with criminal and civil law; Uniform and appearance issues with the right to freedom of expression.
Written by: R Joubert, J Squelch
Published by: Centre for Education Law and Education Policy (South Africa)