2. 26-3-2013
FOR THE PARTIAL FULFILMENT
OF
PRE-Ph.D COURSE
WORK AT
MALWA CENTRAL COLLEGE OF
EDUCATION FOR
WOMEN,LUDHIANA
PRESENT
ED BY
SUNDEEP KAUR
3.
4. What isRTE?
The Right of Children to Free and Compulsory
Education Act or Right to Education Act (RTE) , which
was passed by the Indian parliament on 4 August
2009, describes the modalities of the provision of free
and compulsory education for children between 6 and
14 in India under Article 21A of the Indian
Constitution. India became one of 135 countries to
make education a fundamental right of every child
when the act came into force on 1 April 2010.
5. •“Compulsory Education” defined as the obligation of
the State to take all necessary steps to ensure that
every child participates in, and completes
Elementary Education
•“Free Education” defined as freedom from liability to (i)
pay any fee to the school, and (ii) incur such other
prescribed expenses as may be likely to prevent the
child from participating in and completing Elementary
Education. There is no direct (school fees) or indirect
cost (uniforms, textbooks, mid-day meals, transportation)
to be borne by the child or the parents to obtain
elementary education. The government will provide
schooling free-of-cost until a child's elementary
6. CHILDREN
BENEFITED
Approx 22 crore children fall under the age group 6-14.
Out of which 4.1% i.e. 92 lakhs children either
dropped out from school or never attend any
educational institution. These children will get
elementary education. Local and state government will
ensure it.
7. OBJECTIV
ES
To provide for free and
compulsory education to all
children of the age 6 to 14 years.
Emphasis is on children
belonging to disadvantaged
group.
8. Protection of RTE
Act:
Act 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
Section14 and 24 of the Commissions for Protection of
Child Rights Act. Where SCPCR not constituted,
appropriate govt. may constitute an authority.
9.
10. Definitions: Section
2
Sec. 2 (d) “Child belonging to disadvantaged
group”
2 (e) “Child belonging to weaker
section” 2 (f) “Elementary Education”
2 (h) “Local Authority”
2 (n) “School - 4 categories of schools”
i) Govt. Schools
ii) Aided schools
iii) School belonging to specified categories:
(Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School
etc.)
iv) Unaided schools
12. Sec. 4 –
Special provisions for children not admitted to, or who
have not completed, elementary education. Such
children are to be directly admitted in a class appropriate
to his or her age and in order to be at par with others,
have a right to receive special training and shall be
entitled to free education till completion of elementary
education even after 14 years.
13. Sec. 9 –
Describes the duties of the local authority.
Sec.10 –
Describes the duty of parents & guardian to admit his or
her child/ward in the neighbourhood school for
elementary education.
Sec. 11 –
States the duty of the appropriate government to provide
for pre-school education
14. Sec. 12 –
Extent of school’s responsibility:
(1) to admit children
belonging
to weaker sections
and
disadvantaged group in the ‘neighbourhood’ in Class
I at least upto 25% of the strength of the class.
(2) an unaided school will be reimbursed expenditure
incurred by it to the extent of per child expenditure
incurred by the State or the actual amount charged
from the child, whichever is less. Reimbursement
shall not exceed per child expenditure incurred by a
govt. school.
(3) every school shall provide such information as may
be required by the govt. or local authority.
15. Sec. 13
–
No capitation fee to be charged.
(The
Education Policy, 2007 also
deplores
All India
Catholic any
attempt to
commercialize education and acceptance of capitation
fee).
No screening either of the child or of the parents for
admission.
Sec. 14 –
Age of the child is to be determined on the basis of the
birth certificate issued in accordance with the provisions
of the Births, Deaths and Marriage Registration Act, 1886
or Hospital register record or Anganwadi record or even
an Affidavit. No child shall be denied admission in a
school for lack of age proof.
16. Sec. 15 –
No denial of admission even if the child does not turn up
at the commencement of the academic year.
Sec. 16 –
No child once admitted, can be held back or expelled till
the completion of elementary education.
Sec. 17 –
No child shall be subjected to physical punishment or
mental harassment.
17. Sec. 18 –
No school to be established without obtaining
certificateof recognition.
Sec. 19 –
Schools to fulfill all the norms and standards specified
in the
schedule.
Sec. 20 –
Power of the Govt. to amend the schedule
18. •
•
75% from
parents/guardians Of the
remaining 25%:
• 1/3 members from amongst elected members of the local authority
• 1/3members from the teachers of the school to be decided by the
teachers
• Remaining 1/3 from amongst local educationists/children in the school
to be
decided by the parents in the committee
•
•
•
• The SMC shall elect a Chairperson and Vice-Chairperson from among the
parent members.
The Head Teacher/Senior most teacher of the school shall be the ex-officio
member
– convener.
The SMC is to meet at least once a month and maintain minutes and
decisions of the meetings.
Prepare a 3 year school development plan.
Sec. 21 –
Every school should constitute a School Management
Committee (SMC) consisting of:
a)
b)
c)
d)
Monitor the working of the school,
Prepare and recommend school development plan,
Monitor the utilization of the grants received from the
govt., Perform other functions as may be prescribed.
Functions of the SMC. The SMC
shall
19. Sec. 22 –
Preparation of School Development Plan by the SMC.
Sec. 23 –
States that the qualification for appointment and terms and
conditions of service of teachers shall be as laid down by
the academic authority authorized by the Govt.
Sec. 24 –
Duties of teachers. Teachers shall maintain regularity &
punctuality, complete the curriculum, hold regular meetings
with parents/guardians, etc.
20. Sec. 25 –
Pupil-T
eacher Ratio as specified in the schedule is to
be
maintained, i.e., Classes I-V 30:1. Above 200 children
P-T ratio shall not exceed 40. Classes V-VIII 1:35, but at
least one teacher per class.
Sec. 26 –
Filling up of vacancies of teachers.
Sec. 27 –
Prohibition of deployment of teachers for non-educational
purposes other than decennial population census, disaster
relief duties and for election duties.
Sec. 28 –
21. Sec. 29
–
(1) Curriculum and evaluation procedure for elementary education
shall be laid down by academic authority to be specified by the
appropriate government,
(2) (f) medium of instruction shall, as far as practicable, be in
child’s mother tongue,
(2) (h) comprehensive and continuous evaluation of
child’s understanding etc.
Sec. 30 –
1) No child shall be required to pass any board exam till
completion of
elementary education,
2) Every child completing elementary education shall be awarded
a
certificate.
22. Sec. 31 –
The National Commission or the State Commission for
Protection of Child Rights constituted under the
Commission of Protection of Child Rights Act, 2005, shall
in addition to the functions assigned to it, monitor, enquire
into complaints relating to child’s right to free and
compulsory education and/or function as Appellate
Authority above the local authority (Sec.
32) .
Sec. 33 –
Speaks of a National Advisory Council.
Sec. 34 –
Speaks of the State Advisory council and their functions.
23. Sec. 35 –
The appropriate government may issue guidelines and give
directions to the local authority or to the School Managing
Committee.
Sec. 36 –
No prosecution for offences without previous sanction of the
appropriate authority.
Sec. 37 –
No suit or legal proceeding shall lie against action taken in
good
faith.
Sec. 38 –
Appropriate government may make rules for carrying out the
provisions of this Act.
24. Schedul
e
1. Teacher-Pupil Ratio:
• I-V –
upto 120 students – 1:30
upto 120-200 students – 1:40 (+
H.M.) more than 200 students –
1:40 (+ H.M.)
• VI-VIII – 1:35
Full Time – Science and Mathematics,
Social Studies, Language
Part Time – Art Education, Health &
Physical Education, Work
25. 2.
Building :
: all weather
building,
: separate toilets for boys & girls
: safe and adequate drinking
water
: kitchen for MDM
: playground
: secured by boundary wall
27. 4. Minimum Working Hours per week for
teachers –
45 (including preparation hours).
5. Provide –
- Teaching-Learning Equipment
- Library
- Games & Sports and other play materials.
29. Key
Points:
1) The area or limits of neighborhood :
Classes I – V – within walking distance of 1 km.
Classes VI – VIII – within walking distance of 3 kms.
2) Where no school exists within the area or limits
specified, government has to make provision for free
transportation, residential facilities and other
facilities.
3) In areas with high population density, the State may
establish more than one neighbourhood school.
30. 4) The State has to make appropriate and safe
transportation arrangements for children with
disabilities.
5) The State to ensure that access of children to the
school is not hindered on account of social and
cultural factors.
6) The responsibility of providing free entitlement (text
books, writing materials and uniforms, special support
materials for children with disabilities, etc) shall be of
the school in case of school belonging to specified
category and unaided schools.
31. 7) The local authority shall maintain a record of all
children in its jurisdiction through household survey
from their birth till they attain 14 years. The record
has to be updated each year.
8) Per child expenditure is defined and calculated as
the total annual recurring expenditure incurred by
the State divided by the total number of children
enrolled in all such schools. (Govt. aided schools
are not considered as govt. schools in this regard.)
9) Every school receiving reimbursement from the
government should maintain separate bank account.
32. 10)
Ever
y
commencement of the
non-government school existing before the
Act has to make a self
declaration within 3 months in Form No. I to the
concerned DEO regarding its compliance or
otherwise for its recognition. Schools which do
not conform to the norms, standards and
conditions after 3 years from the commencement
of the Act shall cease to function.
Compliance include:
(1) The school is open to inspection by any officer
appointed by the appropriate authority,
(2) The school undertakes to furnish reports and
information as may be required by the DEO
from time to time, etc.
33. 11) Every non-government school established after the
Act came into force has to conform to the norms,
standards and conditions stated in order to qualify
for recognition.
12) Every school, other than an unaided school,
should constitute a School Management
Committee (SMC).
34. 13) An Academic Authority (the SCERT) to lay down
minimum academic qualifications for persons eligible
for appointment as a teacher.
14) The SMC shall be the first level of grievance redressal
of teachers.
15) The State government should constitute Schools
Tribunals at the State, District and Block levels for
grievance redressal.
16) Where the State Commission for Protection of Child
Rights does not exist, the State government shall
appoint an interim authority - Right to Education
Protection Authority (REPA).
35. Commonly raised issues/
FAQs:
• Enforcement of the Fundamental Rights is the duty of the
state. Now the state is enforcing it on others including the
minorities.
• RTE Act threatens to take away the rights granted and
guaranteed to the minorities under the constitution
• RTE Act does not mention the word ‘minority’ at all
anywhere in
the act.
• Will RTEA negate/black out the Art.30? Writs are already filed
and pending in the S.C.
• 25% seats to be reserved for disadvantaged groups. How do
you identify “children belonging to disadvantaged group”?
36. • Under the act, compulsory education starts at the age of
6. Normally our schools admit children in UKG or LKG
depending on the age. So in our schools admission will
have to be from Pre-school.
• Where a child is directly admitted in a class appropriate
to his/her age, he/she has a right to receive special
training to be at par with others. How do you do that?
• Regarding age proof even an affidavit will suffice. Now,
can
you insist on hospital certificate or baptism certificate?
• No test or interview for admission. So what are the
consequences? How will you reconcile this?
37. • Government will prescribe a common syllabus. What
happens to your school syllabus?
• The school has to provide entitlements (books,
uniforms even transportation) to the 25%
disadvantaged students.
• The government is supposed to provide books for them
but will not match with the text books you are using?
Moreover, the books from govt. quota hardly come in
time. So what’s the solution? National curriculum?
• There is provision for MDM for the disadvantaged
children. How are you going to handle that?
• Government will reimburse all the expenses as per its
norms. The school has to maintain a separate bank
account for the amount received.
38. • No child is to be detained up to class 8. On completion
of class 8 a child is to be given a certificate stating
that s/he has completed the course.
• No physical punishment or mental harassment of the
child while in school. (“Spare the rod and spoil the
child” ?)
• No disciplinary action ; no expulsion of students is
possible.
• School buildings cannot be used for non-educational
purpose. What does it mean?
39. • Every school, other than an unaided school (exempted
under Model Rule 13), must have a School Managing
Committee (SMC).
• 75% of the members must be parents/guardians of the
children. Remaining from local representatives of the
people, teachers representatives etc. 50 % are to be
women.
• Prima facie it appears that only one person, namely the
School Head can represent the management. Doesn’t it
violate the minority right under Art. 30?
• What happens to the existing Governing Board? With
this the virtual control of the school will be with the
SMC.
• Are they qualified, competent to carry out these
responsibilities including financial affairs such as school
development plan, annual accounts of receipts and
payments etc.?
40. • No school can be established without obtaining certificate
of registration.
• Existing schools, too, have to obtain registration.
• Recognition once granted can also be withdrawn on
condition of non fulfillment of norms, standards,
conditions etc. Hence there will always loom large the
fear and threat of de- recognition under some pretext or
other.
• No tuitions are allowed. Can our schools tighten the
noose on our teachers in this regard?
41. • Doesn’t the idea of admitting children to the
‘neighborhood school’ take away the freedom of
parents/guardians to choose the school of their choice?.
Will the govt. servants, politicians etc. do the same?
• No prosecution of any offence under the act without
previous sanction of an authorized officer. That seems to
give a ray of hope.
• The school has to furnish such reports and information
as may be required by the DEO including copy of the
audited report. The school is also open to inspection by
any officer appointed by the govt. or local authority. This
can be used as a sword of Damocles. It’s a clear and
blatant violation of Fundamental Right of Minorities.
42. • 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.
• Therefore it is far better way of curbing child
labour – by
legally declaring that every child has to be in school.
43. •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
44. • 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.
45. • 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.
46. • 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
47. • Why only 6 – 14; why not 0 – 18 year? According to
several activists, “The Bill allows only children between
the age 6-14 to get the privileges, which we think is so
shallow.” They think that leaving out early childhood
care and education, and senior schooling seriously
limits the right to education. They explain: “0 to 6 years
is considered to be the formative years
in the child’s upbringing. We don’t see a reason why a
child of
this age group should be excluded. And India has signed
the
U.N. charter which states clearly that free education
should be made compulsory to children of 0-18 years
old.” The act excludes 157 million children below six
years of age and children between 15-18 years.
48. • Disabled were left out of education Bill but now
added through an amendment: The chances of
20 million children with physical and other
disabilities to get the right to education has been
jeopardized, as the Right to Education Bill excludes
them. Although the earlier draft of the Bill had made
specific mention of children with disabilities, the Bill
tabled in the Lok Sabha has erased those
references, activists say. Activists say that India was
the one of the first countries to ratify the UN
Convention on Rights of Persons with Disabilities, in
October 2007, which says “State parties shall
ensure that persons with disabilities are not
excluded from the general education system on the
basis of disability and that children with disabilities
are not excluded from free and compulsory primary
education or from secondary education on the basis
of disability.” Now they have been added through
amendment but learning disabled are still left.
49.
50. • Requirement of qualified and trained
teachers: The elementary education
part of our system already suffers from
shortage of teachers and a fairly large
number of teachers of this segment are
untrained. To get trained and qualified
teachers within stipulated period is not
only going to prove a Herculean task
but appears to be almost impossible. A
gradual and systematic influx of
teachers would have been better
approach. Teachers will be at the core
of implementation of RTE that seeks to
work towards a heterogeneous and
democratic classroom where all
children participate as equal partners.
There are 57 lakh posts of teachers at
primary and upper primary level.
51. • Currently, more than 5.23 lakh teacher posts are vacant. To
bring the pupil-teacher ratio to 30:1 as prescribed by the
RTE Act, 5.1 lakh additional teachers are required.
Already, there are
5.1 lakh schools with a pupil-teacher ratio of more than
30:1. On top of that 5.48 lakh untrained teachers at the
primary and 2.25 lakh at upper primary level have to
acquire necessary qualification within five years of the
RTE Act coming into force.
• The states with high percentage of untrained teachers and
inadequate teacher education capacity are: Assam
(55.13% untrained teachers), Bihar (45.5%), Chhattisgarh
(31.32%), J&K (43.34%), Jharkhand (32.16%), Uttar
Pradesh (25.87%) and West Bengal (32.15%). States like
Andhra Pradesh, Delhi, Gujarat, Haryana, Himachal
Pradesh, Karnataka, Kerala, Madhya Pradesh,
52. • No standard definition of teacher qualification : The
existing elementary teacher education programs
(known variously in different parts of the country as JBT,
D. Ed., PTC, BSTC, etc) lack a bench mark and proper
definition. Teachers trained for secondary classes
(classes IX, X, XI, XII) are considered eligible to teach
middle classes (VI, VII, and VIII). But teachers trained
to teach the elementary classes are only eligible to
teach classes I – V. Even the Supreme Court has
accepted this argument. Now the TRE Act is for the kids
in the age group 6—14 studying in classes I – VIII. So a
clear definition of teaching eligibility is required so that a
teacher can teach all these eight classes. This will also
help administratively as well as keep teachers
motivated.
53. • Reservation of seats in unaided private schools: The
act talks about 25% seat reservation in private/public
unaided school for lesser privileged children. The fees of
these students will be borne by state government. The
fee will be reimbursed at government rate. There will be
a wide gap between the cost of education per child and
the reimbursement by the government. Who will bear
this deficit portion ?obviously the remaining 75% of the
students. For a certain class of society who provides
education to their kids in these private school already by
stretching their means this extra burden might prove too
much. It's like providing benefit to one at the cost of
other. Would improving the standard of the government
school be not a better and more justified option?
54. • Status of poor kids in the private schools. A glaring
question is: how interested are the parents of the poor
kids to send them to the private schools even if the
education is free of cost? The kids will be suddenly
exposed to a different living standard. Will they be
treated with dignity and equality by their peers and
teachers? Will it not be traumatic for the poor kids to
cope with that? Moreover, what about the overhead
expenses such as uniform, books, stationery, etc of
attending a private school? The chances are high that
the parents themselves would feel intimidated at the
thought of sending their kids to private schools.
55. • Input oriented Act: The Act is deemed to be excessively
input- focused rather than outcome-oriented. The bill
guarantees for the admission of the children, but does
not promise the quality of education.
• Admission according to age but no facility for bridge
courses. The act stipulates that the child should be
assigned the class according to age, which is a good
step because wasted years can be saved; but no bridge
course is suggested that can prepare the child to adjust
to the admitted class.
56. • Automatic passage to next class may be counter
productive. As per the act, every student will be passed
to the next class. This can promote indolence and
insincerity among children towards their studies and
carelessness and laxity among the teachers. The Act will
create a system with no incentive for students to try to
improve themselves, or to behave with a modicum of
restraint. It compromises their ability to withstand
pressure and compete harder in order to excel. This will
create a generation of drifters who have never tasted
hard work or competition. And what happens when the
kids turn 14? Leaving aside some notable successes,
there will be millions who have just gone through the
system without gaining much – and valuable formative
years of life wasted.
57. • School recognition. Section 19 of the Act requires all
schools except government schools, to meet certain
norms and standards relating to infrastructure, pupil-
teacher ratio, and teacher salaries on the basis of which
they are required to get recognition within three years.
This clause penalizes private unrecognized schools,
although they provide similar, if not better, teaching
services compared to government schools, while
spending a much smaller amount. They are susceptible
to extinction in three years.
58.
59. • School management Committee a burden for
parents.
The Act requires every government and aided school to
form a School management Committee (SMC) which will
be most comprised of parents and will be responsible for
planning managing the operations of the school. SMC
members are required to volunteer their time and effort.
This can be a burden for the poor parents. And for the
aided schools, the SMC rule will lead to a breakdown of
their existing management structures.
60. • What are problems with the Act and its implementation?
Many activists feel, that exempting private minority schools from
admitting poor students is the biggest drawback as many private
schools will exploit this. Bachpan Bachao Andolan, an NGO,
conducted a study across 9 states last year to understand the impact
of the Right to Education Act and discovered some disturbing
trends.The names of a large number of students were enrolled but
they were not in schools. Bodies which are to implement the Right to
Education Act haven't even been set up in many states.
• How will children of migrant families receive education?
There are two options; if children migrate with parents, particularly small
children, the schools in the migrated areas have to admit all children
even if they can not produce transfer certificates. Or if the parents
demand that their children be given education in their native place
while they are away for work, appropriate governments/local authorities
shall have to ensure the availability of free residential schools
•
61. • What about a child without parents or guardian?
Section 2(k) only defines the parents of a child, and
section 10 also refers to parent’s duty in ensuring
education of their children. However since under Section
8 (explanation (i)), the ‘compulsion’ is on the state and not
on parents, the appropriate government shall have to take
the responsibility to ensure education of children without
parents.
• Why compulsion not on parents?
In a country like India where such a large majority of
parents are poor, migrate for work, do not have support
systems, putting compulsion on them, with punishment,
would imply punishing them for being poor – which is not
their choice. As the well- known educationist J.P.Naik once
jocularly remarked, if parents are sent to jail for not
sending their children to schools, there may be more
62. • If parents don’t send children to schools…?
Section (10) of the Act makes it the duty of the parents to
ensure that their children go to schools, without prescribing
any punishment. This implies that SMC members, local
authorities and community at large must persuade
reluctant parents to fulfil their duty. For child labour and
street children, the government would have to ensure that
they are not compelled to work and provide schools for
them, perhaps residential in many instances. Parents and
communities who traditionally forbid their adolescent girls
from going to school, or indulge in child marriage would
have to be persuaded, or the child marriages act would
need to be invoked against them. Civil society interventions
would be crucial here.
63. • Is the Act targeted only for weaker sections?
No, it is universal. Any child who is a citizen of India, rich or
poor; boy or girl; born to parents of any caste, religion or
ethnicity shall have this right. If a rich parent decides to
send his/her child to a school owned by the
government/local authority, that child would also have a
right to all the free entitlements. Only those children who
are sent by their parents to a school that charges fees
(private aided/unaided) will surrender their right, as per
Section 8(a) of the Act, to free entitlements; they can not
claim reimbursement from the government for their
educational expenditure (except for the obligatory 25%
quota for children of disadvantaged groups and weaker
sections to unaided schools, described later).
64. • Would home based education to the severely
disabled come within the purview of the Act?
As the Act stands, education would be inclusive for all
categories
of disability, including severe and profound.
• What about children not in schools right now?
The Act, at Section 4 lays down that all children who are
out of school, as never enrolled or drop outs (in the 6-14
age group), would have to be admitted in age
appropriate class in regular schools, and they would
have a right to complete elementary education even after
crossing age 14.
65. • What if children admitted after age 6 complete age 14
before completing class 8?
They would have the right to get free education till they complete
class 8, even if they exceed age 14. This would apply, for example,
to a 13 year never enrolled child who may take 5 years to complete
class VIII, up to the age of 18 years, or more.
• What about age proof and transfer certificates?
In the absence of a regular birth certificate issued under the Births,
Deaths and Marriages Registration Act 1886, a certificate based on
hospital record, anganwadi record or an affidavit by the
parents/guardian would suffice (Model Rule 9). However, under
section 14(2) of the Act, if none of these are available, including a
notarized affidavit, a child would not be denied admission, meaning
if the parents say the child is six years or more, admission would
have to be given, while any of the above mentioned documents is
simultaneously arranged.The head teacher would have to
immediately issue a transfer certificate to a child moving away from
66. • Who will bear most of the expenses? How will the center and
state sharing
be determined?
A sharing pattern will be arrived at through mutual negotiations between
the central and state governments. The SSA norms and sharing patterns
will need to be reviewed. For example, the RTE-SSA harmonization
committee’s report has already recommended a 75:25 sharing pattern
between the center and the states instead of the present 55:45 sharing
ratio under the SSA.
• What does the reference to Finance Commission in section 7(4)
imply?
It implies that on the basis of a reference by the central government
through the President, the Finance Commission could sanction monies
directly to states for the Act, which would be in addition to the sharing
ratio of the centrally sponsored scheme operating the Act. It provides an
additional window for central funds to be allocated to states that need
them most. The 13th Finance Commission has since made allocations of
Rs 24068 crore over a five year period specifically for elementary
67. • Will all double shift schools become single shift?
The implications of the number of hours for which a
school shall function per day indicate that. This would go
a long way in forcing children out of labour since double
shifts allow them to go to schools as also to engage in
labour.
• What will happen in places where government land
is not
available for building a neighbourhood school?
Many states face this problem in urban areas in particular,
but in rural areas too, as in Bihar where most of the land
is in private hands. Since a school is a fundamental right
of children now, the government will have to hire
accommodation for schools, or consider acquiring or
buying land, as it does for other projects of national
68. • Whose responsibility is it to ensure children, particularly of the
disadvantaged groups, are not discriminated against?
Legally, of the appropriate governments, local authorities and the
schools; monitored by the SMCs, civil society groups and the
NCPCR/SCPCRs. Model Rule 5, (3) and (4) explains this in clear
terms:
(3)The State government/local authority shall ensure that no child is
subjected to caste, class, religious or gender abuse in the school.
(4)For the purposes of clause (c) of section 8 and clause (c) of
section 9, the State
Government and the Local Authority shall ensure that a child belonging
to a weaker section and a child belonging to disadvantaged group is not
segregated or discriminated against in the classroom, during mid day
meals, in the play grounds, in the use of common drinking water and
toilet facilities, and in the cleaning of toilets or classrooms.
69. • Who will ensure good quality education?
The governments and the academic institutions under them, like the
NCTE, NCERT, SCERTs and so on, by ensuring that the norms and
standards of the schools are adhered to within three years, all
teachers are professionally trained in a maximum of five years,
curriculum, content and process follows principles laid out in Section
29, a comprehensive and continuous evaluation system is in place,
and children learn in an atmosphere free of fear, anxiety and trauma.
The governments would be well advised to seek collaboration from
university education departments and civil society groups that have
experience in quality elementary education in this effort. These would
be monitored by the NCPCR/SCPCRs and civil society institutions.
In addition, as per the model rules 21(3), the appropriate governments
must undertake systemic quality reviews periodically through
institutions of
renown, which are not confined only to testing children’s achievement
scores, but include assessment of teacher quality, curricular issues,
social discrimination, infrastructure and other parameters that impact
on quality.
70. •What if the teacher remains absent or does not teach
properly? Disciplinary action can be taken against the
teacher (Section 24(2)). Under Model Rules 18(2) (a), it is
prescribed that the service rules of
teachers should mandate the accountability of teachers to the
School Management Committees.
• How long do governments have to ensure the PTR as given
in the
schedule?
There is a certain ambiguity about this in the Act. Section 25(1)
says that the PTR ratio shall be maintained in each school within
six months of notification of the Act. However for implementing the
schedule of norms and standards of the school, that prescribes the
PTR ratio, a three year time period has been given. States like
Bihar, UP,Assam and Orissa that need to recruit a huge number of
new teachers could use this ambiguity by sanctioning all the
required posts and redeploying teachers in the first six months,
71. • What will be the redressal mechanism if a child is
denied admission, beaten up or discriminated
against?
One may assume that a number of complaints would be
settled at the school and SMC level itself, through the
intervention of civil society groups. If that does not happen,
the next step would be for the complaint to be filed with the
local authority. The complainant could appeal to the
SCPCR if the action of the local authority does not redress
the complaint satisfactorily.
• Can NCPCR/SCPCR act on their own, even if a
complaint has not been filed?
Yes, both the NCPCR and the SCPCRs can move on their
own, suo moto, without any one specifically filing a
complaint. As per Model Rule 25, SCPCRs shall set up
child help lines, accessible by SMS, telephone and letter
72. • What kind of powers do the NCPCR/SCPCR have? Can they
punish?
Under the NCPCR Act 2005, the NCPCR and SCPCRs have quasi-judicial
powers whereby they can investigate, summon and recommend cases to
the courts. They can not, however, pass judgments and hand out
punishments.
• What about the courts? Which court can one go to and who can
go?
As a law flowing out of a fundamental right, it is justiciable from the lowest
to the highest court of the country. One can file a case in the lowest civil
court, or the Supreme/High Court, depending on the nature of complaint.
• Is there any role for NGO’s/civil society groups in monitoring?
NCPCR has already initiated moves to work through civil society groups in a
variety of ways. Independent of that, NGOs and other civil society groups
can on their own bring violations to the notice of authorities and courts. An
example of that is the civil society group Social Jurist working in Delhi. They
can ensure opening of neighbourhood schools, monitoring teacher
availability, and help in local redressal mechanisms.
73. • What if the problems are not at local levels, like
unavailability of funds, insufficient teacher
recruitment and so on?
Since the ‘compulsion’ in the Act is on the governments, the
NCPCR/SCPCR and the courts shall have to investigate
where the onus of a particular violation rests, and judge
accordingly
• Who makes the Rules; centre or state governments?
Since both the central and state governments are involved,
both shall have to make rules. The central rules have
already been finalized, and a set of model rules for the
states have been circulated by the centre to the states. The
states can either accept the model rules as circulated or
make appropriate changes in them. Finally, the central
government has to place the rules in the Parliament, and
the states in their respective legislatures. The rules can be
modified by the centre or the states as and when necessary.
74. PTI MUMBAI, APRIL 4, 2010 | UPDATED14:40
IST
RTEAct faces infrastructure,HR hurdles:
Experts
• Hailing the implementation of the Right to Education Act years after it was first
conceived during a convention in 1932, education experts have said
infrastructure and human resources would be the two major hurdles for the
Act."Where the Act has the potential of turning India into a superpower by
educating our youth, we have to be very careful to see that it is implemented
well," CEO of Pune based Global Talent Track (GTT) Dr Uma Ganesh
toldPTI. Some state governments have already raised flags stating that they
are not ready to implement RTE as they lack the infrastructure, she
said.Ganesh said when the human resources scenario in India was taken
into account, the student and teacher ratio in the country stood anywhere
between 50:1 to 80:1."With the 30:1 ratio stipulated by the Act, we will require
at least 12 lakh additional trained teachers in next six months," she said.
Appointing teachers should not be a problem as we have the advantage of a
large population. However, finding quality teachers is certainly a concern as
they will be responsible for shaping futures of millions of youths, she added.
The concern is deepened by Annual Status of Education Report 2009 (ASER
2009), released on 15th January this year, which states only 50 per cent of
Class V students in the government schools are capable of reading at Class
75. Staff shortage takes toll on quality of
education:
Rupa Giri, TNN | Mar 11, 2013, 05.11 AM IST
RANCHI: Education seems to be low on the government's priority list with 40,000 vacant seats of teachers and the future
of 45 lakh students studying in government schools at stake.
According to provisions of the Right to Education (RTE) Act, the student-teacher ratio should be 30:1 in Classes I to V and 35:1
in Classes VI
to VII. But the schools are violating the RTE provisions and jeopardizing the career of lakhs of students in the state.
With about 43,000 government schools in the state, there are 27,000 recruited teachers against a total of 67,000 sanctioned
strength. Beside, 90% of the schools are running without headmasters.
According to an HRD official, the teachers' eligibility test (TET), an examination meant for recruitment of teachers in the state,
has not been conducted for the past two years. Though the department announced the date of the test several times, but the
exams were cancelled.
Member of the Jharkhand Primary and Secondary Teachers' Association Parsuram Tiwari said, "We are facing a lot of problem
in teaching large number of students at a time because of staff crunch. "
The shortage of 40,000 teachers in the state is adversely affecting the education system as a whole. The department says that
they will
recruit teachers but they fail to do so each time, added Tiwari.
This apart, teachers have to look after the midday-meal scheme and various other programmes and are even engaged
in various government programmes along with elections. In all this, the students are the one worst affected.
Tiwari said that TET was conducted in 2011 against the vacancy of 18,600 posts generated against a total of 25,000 vacant
seats. In the advertisement announcement, there was a provision of taking two sets of examinations. The candidates passing
TET would have to take another exam. But only 5000 teachers passed the examination.
The HRD then made a sudden announcement that they would not conduct the main exam as the candidates passing the
examinations are less as compared to the vacant posts and that they would be directly recruited.
Seeing this, several candidates challenged the decision of the HRD in court, owing to which the state government's efforts to fill
up the vacant posts of teachers suffered a major setback when the Jharkhand high court cancelled TET conducted by the
Jharkhand Academic Council (JAC) in 2011. Hearing the writ petition filed by Anjuman Tarique Urdu, a division bench of Chief
Justice Prakash Tatia and Justice P P Bhatt ordered for cancellation of the recruitment process.
The petitioner had alleged that the TET was not conducted as per the laid norms of the NationalCouncil for Teacher Education
(NCTE). District superintendent of education in Ranchi, Jayant Misra said, "In order to meet such a crisis of teachers, the HRD
in collaboration with the Jharkhand Academic Council will conduct TET." According to him, exams will be conducted by the end
of October.
DSE even added that to cope with the situation teachers from urban areas are deployed in the rural areas and para teachers
76. Parents give fake income certificates to claim RTE
seat
SruthySusanUllas, TNN | Mar 16, 2013, 03.05 AM IST
BANGALORE: Helpless at the large number of fake income certificates
schools are receiving from parents trying to claim the 25% quota under the
Right to Education (RTE) Act, the schools' association submitted a
memorandum to the deputy commissioner to order a probe into their
veracity.
According to RTE, parents whose annual income is below Rs 3.5 lakh are
eligible for free seats in private schools. Ever since the rule came into force,
private schools have been bombarded by applications from allegedly poor
parents.However, school managements found many of the income certificates
to be fake. "Some parents came in swanky cars and applied for the RTEquota.
Sometimes, the discrepancies are glaring in the income certificate. Like a
parent whose income certificate said Rs 10,000 per month, but paying Rs
7,000 as house rent," said a chairman of a prominent chain of schools.
"This defeats the purpose of RTE. The needy still don't get seats. Instead, the
opportunities are grabbed by someone else. The deputy commissioner of
Mysore has ordered verification of all income certificates issued by various
tahsildars. We have requested a same procedure for Bangalore," said LR
Shivarame Gowda, president, Karnataka Federation of Independent School
Managements ( KFISM). The association also submitted many case studies to
77. Awareness sends RTE admission applications
soaring
Pavan MV,TNN | Mar 7, 2013, 04.25 AM IST
MANGALORE: When RTE awareness is still low in Bangalore, Dakshina Kannada district has
shown the way. There is a rise in applicants seeking admissions for first standard under Right
to Education (RTE) quota in unaided schools in the district for the forthcoming academic year.
The Department of Public Instruction has received 1,306 applications for admissions to 161
unaided schools for 2013-14 as against 829 applications in 2012-13.
Of the 1,306 applications, the department has received the highest number of applications -
241 from Mangalore south and lowest number of applications - 95 from Belthangady. As many
as 1,709 seats have been reserved in 161 unaided schools under RTE quota here for 2013-
14.
The RTE Act was introduced in 2012-13 to provide free education to underprivileged children in
private schools and 1,682 seats were reserved under RTE quota. Sadananda Poonja,
education officer, said: "Last year due to lack of awareness about RTE quota, 50% of the seats
remained unfilled. The rise of applicants for admissions in 2013-14 is due to increasing
awareness about RTE."
To create awareness about RTE, the department has been conducting street plays and
workshops in different parts of the district for the past one year and has been distributing
booklets pertaining to details of RTE. Sadananda said that till date the Department of Public
Instruction had received the highest number of applications from unaided schools
requesting for registration under RTE in the state. "163 schools from DK district have
registered under RTE act," he added.
Applications received for admissions
Bantwal: 383, Belthangady: 95, Mangalore North: 218, Mangalore South: 241, Moodbidri: 86,
78. Door Step School launches RTE enrollment
drive:
Swati Shinde, TNN | Mar 17, 2013, 03.44 PM IST
PUNE: City-based non-governmental organization, Door Step School
(DSS) has initiated a campaign to enroll students from lower economic
group in civic schools in order to make Right to Education (RTE) Act
more meaningful. The campaign has been titled every child counts''.
Citizens who come across children in the age group of 6-14, in their
respective localities, streets, footpaths can report their deprivation to DSS.
The NGO has also launched a website for suchfeedback in order to enable
it to take practical steps aimed at getting the children registered for primary
education.
"There are various reasons for an eligible child being deprived of his right
to education. Apart from social aspects, even non-availability of a birth
certificate can impede the school admission process for the
underprivileged segments," said Rajani Paranjpay, founder-president of
DSS.
"Our focus is to target six-year-olds for mainstream school admission for
primary education," Paranjpay said, adding that the involvement of
citizens in the project has been encouraging.
The 'every child counts' campaign has issued an appeal to all Pune
79. Karnataka wantsfree education up to 18 years of age:
Indo-Asian NewsService | Updated: August 02, 2012 18:10
IST
Bangalore: Karnataka government was pushing the Centre to amend the RTE Act to
extend the provision of free and compulsory education up to the age of 18 years, from
the present 6-14 category, Primary and Secondary Education Minister Vishveshwara
Hegde Kageri said today.
Replying to a short duration discussion on implementation of RTE Act in the state, he said
the Centre should share with the states, the financial burden of implementing the provisions.
The expenditure on implementing the legislation would run into thousands of crores of rupee
in the coming years, and the Centre should clearly spell out on its share, Kageri said.
The Minister warned action against private managements refusing to implement the act,
adding, the
government would not accept "discrimination" (against students admitted under RTE Act).
Leader of Opposition Siddaramaiah, V Sreenivas Prasad, H C Mahadevappa and N L
Narendrababu (all Congress) lauded the act, and underlined the need to implement it strictly.
Participating in the discussion, former Chief Minister B S Yeddyurappa said quality of
education at primary level in government schools is below-par, making parents to send
their children to private institutions.
Expressing the view that the present generation of primary school students have
tremendous IQ levels, he argued that teachers with mere TCH won't be able to impart
quality education to the children, adding, successful completion of degree course should
be made mandatory for them. Yeddyurappa said the students are so bright and talented
that he was not able to answer the questions posed to him by his grand-children.
He said standards in government hospitals and schools needed to be improved to the level of
80. ASER
study
• However, our collective enthusiasm for the court's decision would turn out to be misplaced if
anyone bothers to do basic math. According to a study published online by Dr. Wilima Wadhwa
of Annual Status of Education Report (ASER), enrolment in private schools in 2008 was 22.6 per
cent. While this figure is likely to have increased since, over 70-75 per cent of our children still
attend government schools. Even as private schools reserve 25 per cent of seats for
economically backward children, the vast majority will still be schooled in government-run
institutions. Moreover, most children in rural areas attend government schools. According to the
District Information System for Education 2010-11, as many as 84 per cent of children in villages
attend government schools. If the RTE Act has to be implemented in letter and in spirit, the
government cannot ignore the quality of education it provides under its roof just because it has
“won” the reservation battle with private institutions. Even as the government makes private
schools “socially responsible,” it still has to bear the onus of educating the majority of children.
Further, the assumption that private schooling is superior to a government education is based on
the fact that children in the former tend to outperform the latter in examinations. But that is a
superficial reading of facts. Once we scratch the surface, we find that other factors also
contribute to children's better outcomes in private schools, as indicated in a study conducted by
Dr. Wadhwa. When parental education, tuition classes and economic disparities are controlled
for, the difference in reading scores between government and private schools falls drastically
from 20 per cent to five per cent.
• In addition, we have to recognise that private schools differ vastly in terms of the quality of
education they provide. This is why there are serpentine queues from the early hours of the
morning for admissions into kindergarten in a few reputed schools. The scramble for seats is
evidence of the dearth of quality education. Just herding children into private schools is not
going to ensure their learning unless teachers are sensitised and trained to deal with children
with different profiles. According to a study conducted by Wipro and Educational Initiatives, there
81. Three factors
abroad:
• Thus, we cannot overlook the fact that our educational system, both
government and private, is in need of serious overhaul. In 2007, McKinsey
and Company published a report that analysed why some school systems
in the world ranked highly in international assessments of literacy, numeracy
and problem-solving year after year. Top performing countries included
Belgium, Finland, Japan, Hong Kong, Netherlands, Singapore and South
Korea. While the countries sported vast differences, both culturally and
politically, three factors regarding their education systems were common to
all high performing nations.
• First, a teaching job in these countries, unlike in India, is a high-status
profession. In addition to receiving salaries comparable to other well-
paying jobs, teacher training courses are highly selective and admit only
the cream of graduates.
• Second, teachers are provided intensive training and new recruits are
mentored on the job. In our country, teachers tend to work in isolation and
inexperienced teachers are expected to handle a class on their own
without additional guidance.
• Third, in the top-performing countries, schools try to offer the best possible
education for every child by supporting those who lag behind. These
82. A U.S.
study
A study in the United States revealed that the vocabulary of a three-year-old child of
professional parents was 1,100 words whereas, a child whose parents were on
welfare had a vocabulary of just 525 words. Under the RTE, poor children were
admitted in 2011 into Shri Ram School, New Delhi. An article in the Wall Street
Journal quoted the principal, Manika Sharma as saying: “The teachers have come
into my office and broken down. They say, ‘Help us. There is no learning happening
for the other affluent children. What we achieved in one
week with kids before is taking three weeks.'” Writer John Gardner aptly says, “The
schools are the golden avenue of opportunity for able youngsters but they are also the
arena in which less able youngsters discover their limitations.”. Schools need resource
personnel who can counsel and help these children realise their potential. In addition to
supplementary remedial classes that help students bridge the academic divide, all
children should be sensitised on getting along amicably. As private schools open their
doors, educators have to ensure that children from poor homes do not feel threatened
by their more able and affluent peers, both academically and socially
Even as the child who comes to school in a chauffeur driven car, studies alongside the
chauffeur's child, the government cannot shy away from upgrading infrastructure,
enhancing teacher quality and promoting educational attainment in public schools. As
a society, we need to make a concerted effort to achieve educational excellence, both
government and private.
83. SUGGESTIO
NS
• Right to education bill is a historic move and a major achievement by
India government. But the Act will serve its purpose only if the
hurdles that keep poor kids away from the school are removed.
• Give incentives for schooling: In the poor families, kids are seen as
helping hands, the more the better. They help in household chores
and in the farm, besides earning money from labor jobs. Their
contribution is quite significant for the survival of the family as a whole.
Sending them to school takes this support away from the family.
Hence, in order to educate them the following steps are absolute
necessity:
• Monetary support to parents for sending kids to school. For
example, Rs 100 per month for each kid as long as they are enrolled in
the school.
• Mid-day meal schemes. This is another wonderful idea to send kids to
school and provide them nourishment too. Parents certainly love this
idea, as seen from the running of Anganwadis in the state of
Chhattisgarh.
84. • Establish ownership and responsibility Particularly
in the
rural and poor areas, people’s representatives – MPs,
MLAs, Sarpanchs’ – should be made responsible for
smooth functioning of the schools in their areas.
• Local relevant NGOs and other organizations may
also be involved. They can provide support through
the School Management Committees.
• Focus on teacher training programs
• The quality of teachers is the backbone of any
teaching program. Untrained or unmotivated
teachers can mar any program, no matter how
ambitious it is. Creating a standard training program to
train and generate quality teachers is crucial for the
RTE Act to produce meaningful results
85. • “Lack of interest” is responsible for major school
drop-outs. HRD ministry’s 46th Round of the National
Sample Survey (NSS) statistics of 2005 show that the
drop out rate by class VIII is 51% mainly due to lack of
interest. This disinterest is due to lack of stimulating
environment and poor infrastructure in government
schools at elementary levels. Additional factors, such
as adverse teacher/student ratios and the perceived
irrelevance of schooling also add to the high drop out
rates.
• Use computer and satellite technology to create
awareness and interest
• Create mobile units that pay visits to different
schooling centres, particularly in remote areas and
show relevant films to both the teachers and the
students. This will help sustain interest and arouse
curiosity. Even visiting once in a fortnight or month
86. CONCLUSI
ON
Thus, it can be concluded that, Education is a fundamental human
right, without which capabilities for a decent life and effective
participation in society are less likely to be developed. Since the
RTE Act has provided us the tools to provide quality education to
all our children, it is now imperative that we, the people of India,
join hands to ensure the implementation of this law in its true
spirit. The Government is committed to this task though real
change will happen only through collective action and we must
come forward willingly for the same. This Act has put India in the
same league as U.S.A. and 130 other Nations as far as the right
to education is concerned. Nothing can change overnight but
there is a ray of hope. A hope that if all these hurdles and
shortcomings are overcome and the loopholes removed, then this
will become the road leading towards an Educated India, a Proud
India.
“SARVA SHIKSHA WILL BE USED TO PUSH RIGHT TO
87.
88.
89.
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