Masters Degrees (School of Education Law)

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Browsing Masters Degrees (School of Education Law) by Title

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    Evaluating the constitutionality of the National School Nutrition Programme guideline for Secondary Schools during breaks
    (University of the Free State, 2023) Mulaudzi, Lebohang Victoria; Reyneke, Mariette; Gcelu, Ntombizandile
    This study aims to evaluate the constitutionality of the National School Nutrition Programme (NSNP) guideline, which does not make provision for food for learners during school closures. Good health and nutrition are essential for a learner’s development and growth; thus, it is the government’s responsibility to participate in that development and growth. The government and the NSNP play a vital role in ensuring that learners in schools are provided with proper nutrition, enabling them to live healthy lifestyles and prevent non-communicable diseases. Section 27((b) of the Constitution of South Africa of 1996 provides everyone with the right to access sufficient food and water. Furthermore, the Constitution of South Africa stipulates that every child has the right to basic nutrition (1996a: 28 (1)(b))). The study is hinged on the Interest Theory of Rights (IToR), which seeks to safeguard a person’s rights, especially those of children, against the violation of their rights, by other individuals or the government (Anyadike, Nwachukwu &Wogu, 2021). The study utilises the interpretive paradigm as it relies on secondary qualitative data. The interpretive paradigm allows the researcher to interpret the truth and reality of individuals by making sense rather than creating a hypothesis (Romani, Barmeyer, Primecz & Pilhofer, 2018). A qualitative approach was undertaken to evaluate the constitutionality of the NSNP’s guideline on the non-provision of food during school breaks. The study utilises a literature study which relies on a thorough discussion of the existing knowledge from academic resources such as books, journals, articles, publications, and legal documents such as the Constitution, legislation, case law and international instruments, dissertations, and theses (Nayak & Singh, 2021). A single technique that requires perusing documents and records, known as secondary data collection, was used to collect data. The study’s sampling involves systematic sampling/review, as it requires me to only select documents that respond to constitutional imperatives and the provisions of the NSNP guideline and where applicable implementation practices that falls within the current five (5) years of publication (Ibid). To analyse the data, I used both document and thematic analysis. Document analysis relies on readily available data, enabling me to analyse data from secondary sources such as books, documents, policies, publications, and legal documents such as the Constitution, legislation, case law and international instruments, (Myers, 2019). Additionally, the study utilises thematic analysis, which involves reading over a data set and looking for meaningful patterns to identify themes (Lochmiller, 2021). The findings of this study were centred on themes regarding the research questions. The main finding for the study reveals that the NSNP guideline for secondary schools is not constitutional during school breaks. The study reveals that the NSNP plays an important role in preventing malnutrition by ensuring that it provides meals for learners while at school. But the meals or diet provided by the NSNP lacks adequate variety, which can contribute to Non-Communicable Diseases (NCDs). The study further reveals that a diet that is heavily reliant on carbohydrates does not prevent NCDs. Additionally, the NSNP aims to at least fulfil 30% of learners’ dietary needs. The NSNP meals do provide calories, but the nutritional value is questionable and can be improved. Nevertheless, the NSNP in most schools provides learners with only one meal for many learners. Furthermore, when learners are at home, the NSNP guideline does not offer guidance on how qualifying learners of the NSNP should continue to receive daily nutritional needs, which prevents them from malnutrition and NCDs, resulting in death. I, therefore, recommend that feeding of learners should be extended to all quantiles and all deserving learners should be fed. Learners who are already sick and have to exclude other food groups should be offered alternative diets. The study recommends that all qualifying learners, in all quantiles, should be provided with meals. Copying from the Western Cape and Gauteng provinces, it is advised that learners receive two meals per day during school hours. Furthermore, the study recommends that schools provide food parcels. Additionally, schools are encouraged to provide qualifying learners with food vouchers that will sustain them on days off or during school breaks. Learners who are already sick and have to exclude other food groups should be offered alternative diets.
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    The perceptions of teachers on the implementation of the school progression policy in primary schools
    (University of the Free State, 2022) Hlasa, Boithatelo; Gcelu, Ntombizandile
    In reaction to high repetition rates in South African primary schools, the Department of Education introduced the progression policy through the National Policy Pertaining to the Progression and Promotion (NPPPR) of learners and the National Protocol for Assessment (NPA), to serve as guidelines on how to promote and progress learners through the education system. The intention of this study was to explore the perceptions of teachers about the implementation of the progression policy. It is believed that teachers’ perceptions influence how they maximise their production, especially when confronted by unprepared learners who are not grade ready. This qualitative study provides an interpretation and analysis of teachers’ perceptions and experiences by responding to the question, What are the perceptions of teachers about the implementation of the progression policy in primary schools? Situated in an interpretive paradigm with a phenomenological design, the study explored teachers’ perceptions. The study was embedded in a social justice theoretical framework that advocates for fair treatment and participation and promotion of teachers’ human rights through being afforded recognition and freedom of speech in policies that affect them. Teachers require support, just practices and opportunities to raise their concerns in order to give effect to their role and hinder their reluctance to fulfil their job descriptions. The research was carried out with a sample of purposively selected participants, namely teachers and departmental heads. The participants’ perceptions were interrogated using semi-structured interviews and focus group discussions. Document analysis was also employed to corroborate the data gathered through interviews and focus group discussions. The NPA as well as the NPPPR were analysed. These documents guide the promotion and progression process at schools. The findings indicate that the challenges teachers are confronted with deny them the opportunity to implement the policy effectively. Teachers are not ready to accept and implement the policy, because of its effects on learners and the way teachers perceive it. Although the findings reveal that teachers had not undergone training in the implementation of the policy, some schools had remediation strategies in place to assist the affected learners. It was evident that teachers needed training, as a large number of them confessed to using the traditional one-size-fits-all approach to teaching. Teachers do not consider the range of abilities of learners, therefore learners continually fall into the progression web. The findings indicate that the progression policy degrades the quality of education if it is not implemented effectively. In South Africa, the progression policy is implemented differently in different schools. Progressed learners suffer stigma, and teachers are unable to provide the necessary support suggested by the progression policy. From the findings of the interviews, focus group discussions and document analysis, the study made several recommendations: regular monitoring of the policy by the school management team is necessary, there should be bottom-up consultation, alternative ways to teaching should be investigated, inclusive education teachers should be available at schools, and they should cater exclusively for progressed learners’ classes, and teachers’ grievances should lead to amendments to the policy.