1. The Right of Children to Free and
Compulsory Education,
Act, 2009
PRESENTED BY
Ms. GURKIRAT KAUR
ASSISTANT PROFESSOR
CHITKARA UNIVERSITY
PUNJAB
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2. Background
Art 21-A inserted in Fundamental Rights as per 86th
Constitutional Amendmnet:
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.
Consequential legislation::
The Right of Children to Free and Compulsory
Education Act, 2009.
Presidential assent received on 26 th August,
2009.
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3. Right of Children
To free and compulsory admission, attendance and completion of EE.
Free: no child liable to pay any fee/expense preventing her
from pursuing and completing EE.
Compulsion: on the state; parental duty to send children to
school.
Not enrolled/dropout children be admitted to age appropriate class.
No child shall be failed or expelled upto class 8
Bars corporal punishment mental harassment.
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4. Teachers
Qualification for appointment of teachers to be laid down
by academic authority authorised by Central Government.
Academic responsibilities of teachers laid down
Prohibits deployment of teachers for non-education
purpose, except for:
Decennial census
Disaster relief
Elections to Parliament, State Legislatures, Local Bodies.
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5. Schools
Norms and standards specified for all schools
Infrastructure and related facilities
Pupil Teacher Ratios – for each school
School days; working hours for teachers
Facilities
Community participation in schools 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
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6. Schools
All aided schools to provide free education to at
least 25% children.
Special category schools and unaided schools to
admit in Class I at least 25% children, belonging to
weaker section and disadvantaged group, from the
neighbourhood, and provide free and compulsory
elementary education.
No capitation fees
No screening for admission
No school without recognition.
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7. Curriculum
Curriculum and evaluation procedure laid down
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
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8. Duties: Central Government
Develop a national curriculum framework
Develop and enforce standards of training of teachers
Lay down minimum qualification for appointment of teachers
Prepare estimate of capital and recurring expenditure
Provide to States as GIA of revenues such percentage of expenditure
as determined in consultation with State Governments
Request President to make reference to Finance Commission to
examine need for additional resources to be provided to State
Governments.
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9. Duties: Appropriate Government, Local Authority
Ensure free and compulsory education
Establish 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 at par with others
Monitoring of admission, attendance, completion of EE
Timely prescription of curriculum, courses of study, teachers’
training
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10. Protection of Right
Decentralised grievance redressal mechanism
NCPCR/SCPCR assigned 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
Powers assigned under Section 14 and 24 of the
Commissions for Protection of Child Right Act
Where SCPCR not constituted, appropriate
Government may constitute an Authority
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11. Next Steps:
Initiate action under delegated legislation; review existing state
legislations on compulsory education and legislations on organisation
and management of private schools.
Identify mechanisms for school and habitation mapping in
order to define ‘neighbourhood’ , and ensure universal access
Notify plan for automatic progression from primary to upper
primary; designate schools and feeder school
Identify schools that do not conform to norms and standards
prescribed in schedule.
Review content and curriculum in line with Section 29.
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12. Next Steps:
Undertake redeployment of teachers to ensure PTR in all
schools.
Review Cadre and Recruitment Rules for Teacher appointment
Untrained teachers should not be appointed in future,
Notify that teachers shall not be deployed for non-academic
work,.
Notify that teachers shall not give private tuitions.
Ensure no-detention/no expulsion policy; ban corporal
punishments.
No Board exams till completion of EE,
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13. Next Steps
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
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14. Parameters for Costing
Establishing schools in the neighbourhood
Upgrading all EGS / AIE into regular schools
Opening schools in unserved areas
Providing additional classrooms and
facilities
One classroom per teacher; office/store, Head
Teacher room
Adequate drinking water
Separate toilet facility for girls and boys
Barrier free access.
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15. Parameters for Costing
Provision of adequate teachers
Primary level
Enrolment upto : 2 teachers
60-90 : 3 teachers
90-120 : 4 teachers
120-150 : 5 teachers
150-200 : 5 teachers + Headmaster
> 200 : PTR not to exceed 40 + Headmaster
Upper Primary level
PTR 35:1, 1 teacher per class (Science & math,
Social Studies, Language teacher)
Enrolment > 100 – One Head Teacher; Instructor
for Art, Health and Physical Education and Work
Education.
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16. Parameters for Costing
Mainstreaming out-of-school children
Child entitlements:
textbooks/workbooks/stationary, uniforms
Teacher Learning Equipment; library grant
Teacher development
Pre-service training of existing untrained teachers
Pre-service training of new teachers to be
appointed based on attrition rate
In-service training
Inclusive education:
Management Cost to include NCPCR/SCPCR
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Editor's Notes
There has been a lot of debate on elementary education as a fundamental right. I propose to take you through the main issues Department of School Eduication
The 86 th Constitutional Amendment was passed 5 years ago in December 2002. It provided for insertion of Art 21A, emanating from Art 21 being the Fundamental Right to Life. Art 21A provides for free and compulsory education to children in the 6-14 age group as a Fundamental Right in the Constitution of India. Consequent to this insertion the existing Art 45 in the Directive Principles was replaced and made applicable to children in the 0-6 age group. The 86 th Constitutional Amendment also stipulates that it shall come into force from such date as notified in the official gazette. This notification has not issued on account of the issue of the consequential legislation under Art 21A. Thus the Constitutional Amendment for free and compulsory education is not yet in force. Department of School Eduication
At least six draft Bills – The last one has reached Parliament Department of School Eduication
Teachers One of the problems we face on account of the huge expansion of the education system is that we do not have institutional capacity for producing trained teachers. There is a debate between academics and administrators. Academics feel that on no account should untrained teachers be appointed; administrators take a practical view – that you cannot let a generation of children be deprived of education for want of trained teachers – therefore many states are resorting to engaging untrained teachers. Most of the untrained teachers are in the educationally backward states – huge numbers (40%) in Jharkhand, Bihar, West Bengal, etc. The Bill provides a period of five years for all untrained teachers to acquire the requisite qualifications. The Bill also lays down the academic responsibilities of teachers – that they shall attend school regularly, in time, transact the curriculum, provide remedial teaching, where required, ensure contact with the parents of children. It prohibits private tuition – we hope that this will ensure that teachers spend more time in school Also prohibits deployment of non-educational activities – cattle census, water pump census, tree census. Except for decennial census (once in 10 years, disaster relief – (Kosi breach, tsunami, Gujarat earthquake), elections – all levels: Parliament, Assembly and Local Bodies. Department of School Eduication
In so far as schools are concerned, the Bill lays down certain norms and standards – applicable to all, government and private. These relate to infrastructure – all weather schools, one class per teacher – so we shouldn’t have a situation of two teachers, each teaching two-three classes, and sharing the same room. Infrastructure norms also include provision for drinking water and toilets – these days a lot of emphasis is given to provisioning for drinking water and toilets by the DWM and TSC. It lays down a PTR: 1:30 at primary and 1:35 at upper primary, with provision for subject teachers – one each for Science, Maths and Social Science at upper primary School days – officially are approx 220 – 230 per year. But in reality schools remain close for more than half the prescribed calendar Working hours for teachers – 45 hours including preparation time. Community participation ensure through SMCs Department of School Eduication
These provisions are applicable to private schools: No capitation No screening tests for admission No school to function without recognition 25% admission to children from disadvantaged groups in the neighbourhood, Department of School Eduication
Curriculum This is the crux of quality and equity Department of School Eduication
The bottomline is how do you ensure that the child’s right is protected: Department of School Eduication
Responsibilities of appropriate government, local authority Read
The bottomline is how do you ensure that the child’s right is protected:
