School Support: Private vs. Government Schools

A Parent’s Guide to IEPs and School Support for Neurodivergent Children in South Africa

IEP government and private schools.

Parenting a neurodivergent child—whether they are autistic, have ADHD, or face other developmental challenges, often means navigating our complex South African education system. One of the most important steps in ensuring your child is supported is understanding their right to an Individualised Education Plan (IEP) or equivalent support framework, and knowing how to engage your child’s school to provide this.

This guide outlines the process, your rights, and the obligations schools have—both public and private—under South African law.

What is an IEP?

An Individualised Education Plan (IEP) is a written plan designed to meet a child’s specific learning and support needs. In South Africa, especially in government/public schools, IEPs are often implemented through the SIAS policy (Screening, Identification, Assessment and Support). While the term “IEP” might not always be formally used, the SIAS process fulfils the same purpose: identifying barriers to learning and providing structured, individualised support.

A good IEP includes:

• The child’s strengths and challenges
• Specific, measurable goals
• Classroom accommodations or changes
• Any therapeutic input (e.g., occupational or speech therapy)
• A review date to monitor progress

SOUTH AFRICAN GOVERNMENT/PUBLIC SCHOOLS

Public Schools: Legal Duties and the SIAS Framework

Public schools are legally required to follow inclusive education policies.

These include:

• White Paper 6 on Inclusive Education – This key national policy, adopted in 2001, declares that all children—regardless of disability or neurodivergence—must have access to quality education in the least restrictive environment. Here’s our article on White Paper 6 and SIAS: CLICK HERE
• SIAS (Screening, Identification, Assessment and Support) – The SIAS policy provides a structured process to identify learners who need support and determine what kind of support is required:
• SNA 1 (Teacher Level) – The class teacher notices concerns and makes initial adaptations.
• SNA 2 (School-Based Support Team – SBST) – A team meets to formally assess and plan further support.
• SNA 3 (District-Based Support Team – DBST) – If more intensive or specialist intervention is required, the case is escalated.

This process must involve parents or caregivers, and culminates in a support plan—essentially your child’s IEP.

What Are Public Schools Legally Obliged to Do?

• Screen and assess all learners experiencing barriers to learning.
• Provide reasonable accommodations (e.g., visual schedules, reduced workload, sensory breaks).
• Work with therapists or district services to implement interventions.
• Involve parents at every stage.
• Regularly review and update support plans.
• Only consider recommending a school change after these steps are followed—and with parent consent.

SOUTH AFRICAN PRIVATE SCHOOLS

Private Schools: What Are Their Responsibilities?

Private (independent) schools operate under a different regulatory framework, and are not legally required to follow the SIAS policy or implement formal IEPs. However, they are not exempt from inclusion entirely.

The Private Schools Act

The law governing independent schools focuses mostly on:

• Registration and compliance
• Infrastructure and safety
• Teacher qualifications

It does not require schools to adopt inclusive education practices or follow SIAS. However, they must respect the constitutional rights of children—including the right to education and freedom from discrimination.

 ISASA (Independent Schools Association of Southern Africa)

Many private schools belong to ISASA, a body that encourages inclusive practice and anti-discrimination. While ISASA schools are not required to follow SIAS, many voluntarily adopt similar principles. Some may develop internal support plans and adjust curricula based on student needs.

Key Differences: Government vs Private Schools

Obligation	Public/Government Schools	Private Schools (incl. ISASA)
Inclusive education required?	Yes (White Paper 6)	Indirectly via Constitution/ISASA
SIAS policy mandatory?	Yes	No
Formal IEP required?	Yes (at SNA 3 level)	Only if school policy/contract provides
Can recommend school transfer?	Only after SIAS + DBST + parent agreement	Allowed, but must follow fair process
Therapeutic input supported?	Often coordinated via DBST	Varies; may rely on private therapists
Curriculum flexibility?	Follows CAPS or modified version	May offer Cambridge, Montessori, ASDAN, etc.

Your Child’s Rights

Regardless of school type, the following rights are non-negotiable:

• Access to education (Section 29 of the Constitution)
• Protection from unfair discrimination (Section 9)
• The right to be heard in any matter affecting them (Children’s Act, Section 10)

Schools—government or private—cannot expel, transfer, or deny admission based solely on neurodivergence or disability without first exploring reasonable accommodation and offering support.

How to Approach Your Child’s School

Whether you’re at a government or private school, follow these steps:

1. Raise concerns early – Speak to your child’s class teacher and request a formal meeting.
2. Request documentation – Ask for SIAS forms in public schools, or a written support plan in private schools.
3. Share professional reports – Bring assessments from therapists or doctors to support your request.
4. Set measurable goals – These should include timelines, responsibilities, and outcomes.
5. Keep records – Note all meetings, emails, and decisions made.
6. Review regularly – Make sure the plan is updated based on your child’s progress.
7. Escalate if needed – In public schools, contact the district. In private schools, involve the school board or ISASA.

Can a School Force Your Child to Move?

No school can force a transfer without following due process.

• Government schools must follow the full SIAS process. Only a DBST, after proper assessment, can recommend moving a learner to a full-service or special school—and only with parental consent.
• Private schools may ask for withdrawal if they feel they cannot meet your child’s needs. But they must:
  • Provide a valid reason
  • Give prior written notice
  • Offer a fair hearing where the parents and child can respond

In either case, seek legal advice if you believe the process is unfair or discriminatory.

 Final Tips for Parents

• Trust your instincts—you know your child best.
• Document every step—requests, meetings, SIAS forms, reports.
• Build a support team—educators, therapists, school staff, and other parents.
• Refer to The Neuroverse—we’re here to support you with community, resources, and advocacy.
• Push for clarity—a vague promise of “we’ll support them” isn’t enough; ask for a written plan.
• Remember: Neurodiversity is not a problem to be fixed, but a difference to be understood and supported.

In Summary

• South African public/government schools are legally required to screen and support neurodivergent learners through the SIAS process, leading to an IEP.
• Private schools are not bound by SIAS, but they must respect constitutional rights and cannot unfairly exclude children.
• You have the right to be involved, to challenge unfair decisions, and to advocate for meaningful, ongoing support.

Education should be inclusive, flexible, and respectful of every child’s unique learning profile. And with the right knowledge, you can ensure your child receives just that. Check out this list of neuroaffirming schools in South Africa HERE.

HERE’S a Learner Profile Sheet, a free downloadable resource designed to help you communicate key information about your child to their teacher.

RESOURCES AND REFERENCES:

Legislation and Policy Documents

1. South African Constitution
   • Section 29: Right to Basic Education
   • Section 9: Right to Equality and Protection from Unfair Discrimination
     https://www.justice.gov.za/legislation/constitution/SAConstitution-web-eng.pdf
2. South African Schools Act (SASA), 1996
   • Governs public and independent school education in SA
3. White Paper 6 on Special Needs Education: Building an Inclusive Education and Training System (2001)
   • Foundation for inclusive education in public schools
     https://www.gov.za/documents/white-papers/special-needs-education-education-white-paper-6-01-jul-2001
4. SIAS Policy (Screening, Identification, Assessment and Support)
   • Outlines the step-by-step process public schools must follow
     https://www.gov.za/sites/default/files/gcis_document/201409/sias-revised-final-comment.pdf
5. Children’s Act 38 of 2005
   • Section 10: Right of children to participate in decisions affecting them
     https://www.justice.gov.za/legislation/acts/2005-038%20childrensact.pdf

Independent Schools and Private School Guidelines

6. Independent Schools Association of Southern Africa (ISASA)
   • Code of Conduct and Inclusive Education position
     https://www.isasa.org
     https://www.ieducation.co.za
7. Private Schools Act (Not a standalone national act, but provisions found in SASA and provincial legislation governing registration and operation of independent schools)

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Academic and NGO Sources

8. Human Rights Watch (2015) – Complicit in Exclusion
   • A report on the failure to implement inclusive education in SA
     https://www.hrw.org/report/2015/08/18/complicit-exclusion/south-africas-failure-guarantee-inclusive-education-children
9. University of Pretoria: African Human Rights Law Journal
   • Smit, S. (2016). Legal analysis of inclusive education obligations for public and private schools
     https://www.ahrlj.up.ac.za/smit-s
10. De Jure Law Journal – Article on procedural fairness in education
    https://www.dejure.up.ac.za/articles-vol-46-1/du-plessis-p