Pregnant schoolgirls could soon be guaranteed the right to stay in class, write exams and return after childbirth under new regulations proposed by the Department of Basic Education that is currently open for comment.

The draft Regulations on the Management of Learner Pregnancy in Schools, published in the Government Gazette on 25 March, set out a detailed, nationwide framework that would compel schools to support rather than exclude pregnant learners.

The public has until 24 April to comment.

Minister of Basic Education Siviwe Gwarube said in a statement that the move strengthens constitutional protections for vulnerable learners.

“These regulations are designed to ensure that pregnant learners are supported to remain in school during pregnancy and are able to return to school after childbirth, without fear of expulsion or exclusion.”

No expulsion

Central to the draft is a clear prohibition: no learner may be suspended, expelled or otherwise punished solely because of pregnancy.

Instead, every affected learner must be given an individual support plan, developed in consultation with parents or guardians and relevant professionals. These plans would guide everything from academic support to health referrals.

Schools are also required to make reasonable accommodations, which could include adjustments to facilities or equipment to allow the learner to continue attending safely.

Involvement

The policy introduces a layered support system:

• School-based support teams must coordinate care, gather information, and implement individual plans; and
• District-based teams must oversee cases, mobilise resources and strengthen referral pathways to health and social services.

Schools must also work closely with the Departments of Health and Social Development to ensure access to:

• Ante-natal and post-natal care;
• Psychosocial support; and
• Counselling and intervention services.

Mandatory reporting

The draft regulations introduce strict reporting obligations:

• Pregnancies involving learners under 16 must be reported to the Department of Social Development and the police;
• If a sexual offence is suspected, schools must follow criminal law procedures; and
• Where the father is identified as a school staff member, the case must be reported to multiple authorities, including education departments and professional bodies.

At the same time, the policy protects learners’ dignity and schools may not force a learner to disclose the identity of the father.

Attendance

The regulations emphasise that learners should remain in school for as long as it is medically safe.

If absence is necessary:

• Schools must be informed as soon as possible;
• Learners must be supported with study materials and guidance; and
• Academic progress must be tracked and supported.

After childbirth, learners must be allowed to return to school at the appropriate grade, with continued support in place.

Exams

The draft contains detailed provisions to prevent learners from falling behind academically:

• Schools must provide assignments, homework and study materials during absence;
• Pregnant learners may write tests and exams if medically fit;
• If a learner misses an exam due to childbirth or medical reasons, they must be given an opportunity to write at a later stage; and
• Principals may not deregister learners from National Senior Certificate exams due to pregnancy.

In cases where labour begins during an exam, schools are required to contact emergency services and the learner’s guardians immediately.

Privacy

The regulations place strong emphasis on confidentiality:

• Information about a learner’s pregnancy must be protected;
• Data must be recorded in official systems in line with privacy laws; and
• Disclosure is limited to authorised officials, except where mandatory reporting applies.

Responsibilities of principals

Principals are given explicit duties, including:

• Ensuring proper record-keeping of pregnant learners;
• Strengthening school support teams;
• Promoting awareness and coordination among staff and stakeholders; and
• Ensuring learners return to school after childbirth

A shift in school culture

Beyond rules and procedures, the draft signals a broader shift in how schools are expected to respond to learner pregnancy from a disciplinary issue to a matter of rights, care and inclusion.

Gwarube in her statement said that the regulations build on progress already made in protecting learners, while addressing the high dropout rates historically linked to pregnancy.

Comments

Members of the public have 30 days from 25 March to 24 April to submit written comments to LearnerPrengancyRegz@dbe.gov.za or alternatively, deliver hand-written objections to Department of Basic Education, 222 Struben Street, Pretoria, 0001 or post it to Private Bag X895, Pretoria, 0001.