Right to education act (rte act) 2009


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  • 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:
  • Department of School Eduication
  • Department of School Eduication
  • Department of School Eduication
  • Department of School Eduication
  • Department of School Eduication
  • Department of School Eduication
  • Right to education act (rte act) 2009

    1. 1. The Right of Children to Free and Compulsory Education, Act, 2009 PRESENTED BY Ms. GURKIRAT KAUR ASSISTANT PROFESSOR CHITKARA UNIVERSITY PUNJAB 1
    2. 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. 2
    3. 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. 3
    4. 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. 4
    5. 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 authority5
    6. 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.6
    7. 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 EE7
    8. 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.8
    9. 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’ training9
    10. 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 Authority10
    11. 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 29.11
    12. 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,12
    13. 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 recognition13
    14. 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.14
    15. 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.15
    16. 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/SCPCR16