1. Right to Education Act, 2009 and Secondary Education
By
Ashim Kumar Biswas
Student of B.Ed. Program in ODL Mode, Under NSOU
Enrolment No: 0160
Study Centre: Satyapriya Roy College of Education
2. Introduction
After independence, Article 45 under the
Indian Constitution stated that the State shall
endeavor to provide, within a period of ten
years from the commencement of this
Constitution, for free and compulsory
education for all children until they complete
the age of fourteen years.
But the State failed miserably in fulfilling this
obligation as is evident from the fact that even
after 67 years, universal elementary education
remains a distant dream.
3. Title, Extent And Commencement
An act to provide for free and compulsory education to all
children of the age 0f six to fourteen years is called RTEA, 2009.
It shall be extended all over India except the state of Jammu and
Kashmir.
It shall come into force on such date as the Central Government
may, by notification in the official Gazette appoint.
4. Some Definitions
Appropriate Government
(i) In relation to a school established, owned or controlled by the
Central Government or the administrator of the Union territory,
having no legislature, the Central Government;
(ii) In relation to a school other than the school referred in sub –
clause (i) established within the territory of
(A) a State, the State Government;
(B) a Union territory having legislature, the Government of
that Union territory;
5. Capitation fee
Any kind of donation or contribution or payment other than the
fee notified by the school ;
Child
A male or female child of the age of six to fourteen years;
Child belonging to disadvantage group
a child belonging to Scheduled Caste, Scheduled Tribe, the socially and
educationally backward class, such other group having disadvantage
owing to social, culture, economical, geographical, linguistic, gender or
other such other factor, as may be specified by the appropriate
Government, by notification
6. Child belonging to weaker section
Means a child belonging to such parent or guardian whose
annual income is lower than the minimum limit specified by
the appropriate Government, by notification.
Elementary education
Means the education from the first class to eight class
Guardian
Means a person having the care and custody of a child and
includes a natural guardian or guardian appointed or declared
by a court or a statute.
Local authority
Municipal corporation or Municipal Council or Zila Parishad or
Nagar Panchayat, Panchayat and other authority or body having
administrative control over the school
7. National Commission for Protection of Child Right ?
Notification means a notification published in Official Gazette.
Parent means either the natural or step or adoptive father or mother
of a child.
Prescribed means prescribed by rules made under this Act.
Schedule means the schedule annexed to this Act.
How are any recognized school imparting elementary education ?
A school established or owned or controlled the appropriate
Government or a local authority
An aided school receiving aid or grants to meet whole or part
of its expenses from the appropriate Government or Local
authority.
A school belonging to specified category.
An unaided school not receiving any kind of aid or grants to
meet its expenses from the appropriate Government or the local
authority.
8. What is ‘screening Procedure’ ?
Specified category
(i) Kendriya Vidyalaya
(ii) Navodaya Vidyalaya
(iii) Sainik School
(iv) Any other school having district character.
What is ‘State Commission for Protection of Child Right’ ?
9. Right of child to free and compulsory education.
Every child of the age of six to fourteen years shall have a right to free and
compulsory education in a neighbourhood school till the completion of
elementary education;
No child shall be liable to pay any kind of fee 0r charges or expenses which
may prevent him or her from the pursuing or completing the elementary
education;
Child belonging to any category will have the same opportunity.
10. What are the ‘Special Provisions’ for Children?
Admission in a class according to the
age of a child;
Arrangement of the special training for
such children;
Right of transfer to other school.
11. Duties of Central Government and State Government
Establishment of a school according to the rules prescribed by RTE;
Central and State Government must concurrently provide funds;
Development of the national curriculum framework;
Arrangement for training of teachers;
CG will provide technical support and resources to SG for promoting
innovations, researches, planning and capacity building;
Provide free elementary education for every child;
Ensure compulsory admission, attendance and completion of
education for every child.
Ensure the availability of neighbouring school according to RTE;
Ensure equal opportunity for the child belonging to weaker section,
disability etc;
Provide infrastructure including school building, teaching staff and
learning equipment;
Provide special training facility for teacher
12. What is the duties of Parents or Guardians ?
Norms and standard for school ?
13. Responsibilities of schools and teachers ?
N0 capitation fee and screening test for admission ;
Age proof for admission;
No denial of admission;
Prohibition of holding back and expulsion;
No physical punishment and mental harassment;
No school to be established without recognition certificate;
14. School management committee and its function
Consisting of elected representative of the local authority ,
Parents or guardians of the children admitted in concerned school
and teachers;
¾ members of SMC will be parents or Guardians;
50 % will be women;
monitor the working of the school;
prepare and recommend school development plan;
perform other functions.
15. Qualification and duties of teacher ?
Training in teacher education;
Maintain regularity and punctuality in attending school;
Complete entire curriculum within the specified time;
Asses the learning ability of each child;
Hold regular meeting with parents or guardian about learning of
child;
No teacher will be deployed for any non educational purpose other
than population census, disaster duties , election duties;
No teacher shall be engaged himself or herself in private tuition or
private teaching activity.
16. Curriculum and Evaluation procedure
Conformity with the values enshrined in the constitution;
All round development of the child;
building up child’s knowledge, potentiality and talent;
development of physical and mental abilities to the fullest extent;
learning through activities, discovery and exploration in a child
friendly and child centered manner;
medium of instruction will be of child’s mother tongue;
Comprehensive and continuous evaluation;
No child shall be required to pass any Board Examination till
completion of elementary education.
Certificate of completing elementary education.
17. Monitoring of child’s Right to education ?
Advisory council ?
National advisory council;
State advisory council.
