Right To Education (Rte) Salient Features
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Transcript of Right To Education (Rte) Salient Features
The Right of Children to Free and Compulsory Education Bill
As passed by the Rajya Sabha on 20th July 2009
86th Constitutional Amendment, 2002
Art 21-A inserted in Fundamental Rights
The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine.
Stipulates that:
‘it shall come into force from such date as the Central Government may by notification in the Official Gazette, appoint’.
Notification will be issued after enactment of consequential legislation under Art 21-A.
Follow up legislations 2003: The Free and Compulsory Education For Children
Bill, 2003
2004: The Free and Compulsory Education For Children
Bill, 2004
2005: The Right to Education Bill, 2005 (CABE Bill)
2005: The Right to Education Bill, 2005 (August)
2006: The Model Right to Education Bill, 2006
2008/9: The Right of Children to Free and Compulsory
Education Bill, 2008, introduced/ passed in Rajya Sabha
The Bill: Child rights Right of Children to free and compulsory admission, attendance and completion
of EE.
Defines ‘free’ as removal of any financial barrier by the state that prevents a child from completing eight years of schooling
And defines ‘compulsion’ as compulsion on the state, rather than targeting parents.
Not enrolled/dropout children be admitted to age appropriate class Special training to enable such children to be at par with others Child so admitted entitled to completion of EE even after age 14
Softens barriers like birth certificate, transfer certificate, etc
No child shall be psychologically abused by calling him/her ‘failed’ in any class upto class 8, or expelling him/her from school
Bars corporal punishment, mental harassment
Teachers
Qualification for appointment of teachers to be laid down by academic authority authorised by Central Government
To address the problem of untrained teachers
Lays down academic responsibilities of teachers
Prohibits private tuition by teachers
Prohibits deployment of teachers for non-education purpose, except decennial census, disaster relief and elections
Schools
Norms and standards specified Infrastructure PTR School days; working days for teachers Facilities
Community participation ensured through SMC comprising elected reps, teachers and parents
¾ members from among parents of children in the school; 50% women
Proportionate representation to weaker and deprived sections
SMC to plan, manage and monitor – in collaboration with the local authority
Schools
No capitation fees Penalty: fine upto 10 times the capitation
No screening for admission Penalty: fine of Rs 25,000 for 1st contravention and Rs 50000 for each
subsequent contravention
No school without recognition Penalty: Rs one lakh; in case of continuing contravention, penalty of Rs
10,000 for day
All unaided schools to provide free education to at least 25% children from the neighbourhood – as a measure of ensuring common schooling
Costs reimbursed @ per child expenditure incurred by the State or actual fee charged, whichever is less
Appropriate Government, Local Authority
Ensure free and compulsory education
Provide schools in neighbourhood within 3 years
Children belonging to weaker sections and disadvantaged groups not to be discriminated against
Infrastructure, school building, teaching staff, learning equipment
Special training for previously not enrolled or drop out children to enable them to be en par with others
Monitoring of admission, attendance, completion of EE
Good quality EE conforming to specified norms and standards
Timely prescription of curriculum, courses of study, teachers’ training
Curriculum
Curriculum by prescribed academic authority should:
Conform to constitutional values
Make child free from fear, trauma and anxiety
Be child centred, child friendly; provide for learning through activities
Medium of instruction – child mother tongue to the extent possible
Provide for comprehensive and continuous evaluation
No Board examinations till completion of EE
Protection of Right
Bill assigns NCPCR/SCPCR additional functions
Examine and review safeguards for rights under this Act, recommend measures for effective implementation
Inquire into complaints relating to child’s right to free and compulsory education
NCPCR/SCPCR have powers assigned under Section 14 and 24 of the Commissions for Protection of Child Rights Act
Where SCPCR not constituted, appropriate Government may constitute an Authority
Commonly raised issues
Exclusion of 0-6 age group; also suggestions for extending Bill to age 18
Bill derived from the 86th Constitutional Amendment. Hence restricted to 6-14 age group.
No explicit reference to child labour
Clause 8 casts a compulsion on the State to provide free and compulsory education to every child.
Explanation to Clause 8(a): ‘compulsory education’ means obligation of the appropriate Government to provide free compulsory education and ensure compulsory admission, attendance and completion of EE by every child.
Far better way of curbing child labour – by legally declaring that every child has to be in school.
Commonly raised issues
On the inclusion of private schools
Forefront of all controversies.
One view: Article 21-A states that ‘the State shall provide free and compulsory education’ means that schools which receive no financial aid from the Government should be kept outside the purview of the Bill.
Another view: ‘State’ does not merely mean governmental system, but includes government and private systems. Private fee-charging schools are an impediment to the concept of ‘common school system’, and should be brought within the ambit of the legislation.
The Bill avoids both these extreme positions: provides for 25% admission to children belonging to weaker sections & disadvantaged groups in the neighbourhood
Commonly raised issues
Adequacy of norms and standards
This is a beginning. Clause 20 of the Bill also provides for the Central Government to amend the schedule by adding to or omitting from the schedule. As we progress the norms and standards can be enhanced.
Inclusion of parents in the compulsion laws.
Why is there no provision for punishment for parents?
Most children who do not attend school are from weaker sections and disadvantaged groups. Penalising their parents would be tantamount to penalizing poverty.
Many children are first generation learners, deprived of a learning environment at home, and drop out because of difficulty in coping with the curriculum. Inflicting penalties on parents because their children have have been pushed out of the education system would be discriminatory.
Commonly raised issues
Why no detention, no examinations? Wouldn’t quality suffer?
Examinations are known to produce mental trauma. Fear of failure, particularly at a tender age, leads to loss of self esteem.
‘No detention policy’ does not imply abandoning procedures that test the learning abilities of the child;
‘No detention policy’ implies putting in place a continuous and comprehensive procedure of child evaluation and recording it so that the teacher can use it as a guide in helping each child reach desired levels of educational achievement.
Commonly raised issues
Issue of finances: Mechanism of central and state funding
Bill provides that
(i) Central Government shall prepare the estimates of capital and recurring expenditure,
(ii) Central Government shall provide to the State Governments a percentage of the expenditure as GIA of revenues. This percentage shall be determined from time to time in consultation with the States,
(iii) Central Government may make a request to the President to make a reference to the Finance Commission to examine the need for additional resources to be provided to any State Government for carrying out the provisions of the Act.
Finance Commission allocations, specific to elementary education, would be welcomed by the States, as they would provide for direct central funding without being dependent on central schemes
Next Steps: Central Government
Prepare estimates of capital and recurring expenditure
Determine the percentage of expenditure to be provided to States
Finance Commission to examine the need for additional resources
Notify the 86th Constitutional Amendment in the Gazette
Notify the new Act in the Gazette
Harmonize SSA norms with RTE
Next Steps: States
Initiate action under delegated legislation
Review existing state legislations on compulsory education and legislations on organisation and management of private schools.
Ensure access to all children in ‘neighbourhood’ as prescribed
Notify plan for automatic progression from primary to upper primary; designate schools and feeder school
Children should not have to run from pillar to post for transition to
u/primary in schools that terminate at primary stage.
Ensure all schools conform to norms and standards prescribed in schedule
Review content and curriculum in line with Section 29.
Next Steps: States Undertake redeployment of teachers to ensure prescribed PTR is maintained in all
schools.
Ensure untrained teachers are not appointed in future; existing untrained teachers to receive training
Notify that teachers shall not be deployed for non-academic work, except as provided under RTE.
Notify that teachers shall not give private tuitions.
Ensure no-detention policy
No Board exams till completion of EE.
Institute system of ongoing and continuous evaluation; prescribe manner in which children would be awarded certificates at end of EE
Ensure no-expulsion policy/ Ban corporal punishments
Next Steps - States
Set up SMCs - Enforce management and supervision of schools with community support
Notify all panchayats, municipalities as local authority
Where SCPCRs are not constituted, constitute authority to perform functions in clause 31(1)
Ascertain which schools are under obligation to provide free seats for land/ Prescribe manner in which per-child expenditure will be reimbursed to other schools
Prescribe mechanism for private schools to obtain certificate of recognition
Thank You
Notify year-round admission; Onus not on the child to apply for upper primary –
State to make it happen. Ensure automatic transition from primary to upper
primary; transfer certificate to be issued by Head Teacher
No denial of admission on account of birth records or other papers
Teachers to be trained for older children; arrangements for special training for older children within school and time; eventually to mainstream them to age appropriate class.