right to education act & homeschooling - a perspective by navin pangti

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right to education act & homeschooling - a perspective by navin pangti

  1. 1. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Right to Free And Compulsory Education Act 2009 & Homeschooling A presentation by Navin Pangti
  2. 2. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti What is RTE?
  3. 3. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Right to Free And Compulsory Education Act 2009 It is a RIGHT It is FREE It is COMPULSORY It is about EDUCATION
  4. 4. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Right to Free And Compulsory Education Act 2009 It is a RIGHT It is FREE It is COMPULSORY It is about EDUCATION A legally guaranteed power to a citizen. One of the seven Fundamental Rights
  5. 5. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Right to Free And Compulsory Education Act 2009 It is a RIGHT It is FREE It is COMPULSORY It is about EDUCATION No child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. (Section 3.2) No direct (school fees) or indirect cost (uniforms, textbooks, mid-day meals, transportation) to obtain elementary education of specified standard, subscribing to norms of school infrastructure, hours of instructional time and days of school functioning, pupil teacher ratios and teacher quality.
  6. 6. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Right to Free And Compulsory Education Act 2009 It is a RIGHT It is FREE It is COMPULSORY It is about EDUCATION What?
  7. 7. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Right to Free And Compulsory Education Act 2009 It is a RIGHT It is FREE It is COMPULSORY It is about EDUCATION Chapter III, point 8 Explanation: The term "compulsory education" means obligation of the appropriate government to (i) provide free elementary education to every child of the age of six to fourteen years; and (ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years; A guarantee of access!
  8. 8. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Right to Free And Compulsory Education Act 2009 It is a RIGHT It is FREE It is COMPULSORY It is about EDUCATION Chapter III, point 8 Explanation: The term "compulsory education" means obligation of the appropriate government to (i) provide free elementary education to every child of the age of six to fourteen years; and (ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years; It is entirely the obligation of the State to provide free elementary education to every child in the 6-14 years age group and ensure not just admission, but attendance and completion of the elementary cycle of schooling as well. Source : National Commission for Protection of Child Rights
  9. 9. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti NCPCR on ‘compulsory’ school Is there any compulsion on the parents as well to send their children to school? The law makes it clear that the compulsion is on the state and not on the parents to ensure completion of the elementary cycle of schooling. It says that it is the duty of every parent to admit their children in a neighbourhood school, but the responsibility of the government to ensure quality education and the retention and completion of elementary education by child in school. There are no penalties on parents for not sending their children to school. Source: FAQs of National Commission for Protection of Child Rights
  10. 10. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Right to Free And Compulsory Education Act 2009 It is a RIGHT It is FREE It is COMPULSORY It is about EDUCATION Formal Schooling Education = school?
  11. 11. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Understanding RTE further… • An obligation of the state to ensure universal access to education to all children between 6 to 14 • Universal access to education means easily and free access to neighborhood schools of specified standards
  12. 12. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Specified standards means… • Pupil Teacher Ratio of 30:1 • Minimum instructional hours of 4/day (4.5 for Upper primary) • Minimum working days of 200/annum (220 for Upper primary) • Teacher vacancies not to exceed 10% of the sanctioned strength • All schools to have teaching & learning materials, library and play & sports equipment • School buildings to be fit for all weather conditions, have barrier-free access, have boundary wall, one classroom for every teacher, separate room for head teacher, separate toilets, safe drinking water, kitchen for mid-day meal and playground
  13. 13. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Easy and free access means… • Neighbourhood school should be within 1 km range for children in class 1 to 5. This range is 3 kms for children in class 6 to 8 • No capitation can be charged by any school, government or private • Prohibition on use of any screening procedures for admissions • No child can be refused admission in school, anytime of the year. Even without a transfer certificate. And even if the child has never attended school before • Child has to be enrolled in a class ‘appropriate to his/her age’ • It the responsibility of the government/school to provide the child with 'special training' to enable him/her to come up to his/her age appropriate class, if the child is not able to cope up with studies due to delayed enrolment
  14. 14. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti And there is more… • All private schools have to admit at least 25% children from disadvantaged and weaker sections of society, without charging any fees • A child cannot be failed or expelled from any class till he/she completes 8 years of schooling • Teachers are prohibited by the Act to give private tuitions or private teaching activity • No school other than a wholly government school can function without recognition after the commencement of the Act
  15. 15. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Role of Central Government • Develop a National Curriculum Framework with the help of an appointed Academic Authority • Develop and enforce standards of teacher qualification and training • Provide technical and financial support and resources to the State governments for innovation, research, planning and capacity building
  16. 16. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Role of State Government • Provide free and compulsory elementary education to all children • Ensure availability of a neighbourhood school of requisite standard • Ensure quality education conforming to standards specified in the Schedule of the Act • Ensure admission, attendance and completion of elementary education for all • Prevent discrimination against any child on any grounds
  17. 17. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Maintenance of records of children by local authority for the purposes of clause (d) of section 9 Class in which the child is studying (for children between age 6-14), and if education is discontinued in the territorial jurisdiction of the Local Authority, the cause of such discontinuance; Role of Local Authority • Maintain records of all children up to the age of 14 years • Ensure admission of all children, including migrant children • Ensure that no child is discriminated against • Decide the academic calendar • Monitor functioning of schools in its jurisdiction
  18. 18. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti The Genesis of RTE Children's Bill of Rights Rights and responsibilities are enshrined in the United Nations Convention on the Rights of the Child, 1989. It contains all the rights which children have all over the world. Government of India signed this document in 1992. First legally binding international instrument The universal declaration of Human Rights This led to the United Nations Convention on the Rights of the Child, 1989 because a need was felt to discuss the rights of children independently
  19. 19. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Children’s Bill of Rights and family • Family is the fundamental group of society • Family is the natural environment for the growth and well-being of its members, particularly children • Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern • Every child has the Right to a good education, and everyone has the Responsibility to encourage all children to go to school
  20. 20. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Children’s Bill of Rights and state obligations • States are obliged to support and respect parents' primary responsibility for providing care and guidance for their children • States are also obliged to prevent children from being separated from their families unless the separation is necessary for the child's best interests • States shall respect the rights and duties of the parents to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child • If the laws of a particular country protects children better than the articles of the Convention, then those laws should override the Convention
  21. 21. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Universal Declaration of Human Rights – Article 26 • Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. • Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. • Parents have a prior right to choose the kind of education that shall be given to their children.
  22. 22. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Easier said than doneRTE Lack of availability of quality human resources 60 per cent of all primary school in the country fail to meet the teacher pupil ratio Lack of government funds plus discrepancy is investments per child Lakhs of children out of school (estimated to be between 30 to 80 lakh). Government's estimate say 1.2 crore (12 million) child labourers while children's rights activists put it it at 6 crore (60 million) Progressive movement of children from government schools to private schools High school dropout rates in case of children belonging to minority communities, dalits etc. 35% of children with disabilities are estimated to be out-of-school. Provisioning RTE for children with disabilities Implementation of Continuous and Comprehensive Evaluation (CCE) system Initiation of processes leading to education in the mother tongue
  23. 23. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Severity of challengeRTE @Delhi 2.42 lakh children out of school Over 6000 posts of teachers lying vacant 84.22% primary and 50.20% upper primary schools do not meet the pupil teacher ratio requirment Nearly 1% schools are single teacher schools A survey of 207 schools shows that only 4.83% schools had potable water facility The survey also shows that only 4.83% schools had potable water facility The survey also shows that only 21.25 % of schools have trained teachers to work with children with special needs (Estimated population of over two lakh children)
  24. 24. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti So what does this mean to us THE HOMESCHOOLERS! RTE is about the obligations of the state and not the parent Not sending a child to school is not unlawful. Now providing access to 'quality' school is! RTE’s concern is children who are not getting an opportunity to attend school Government has more critical issues to handle than homeschoolers There is no penal action for not sending a child to school Frankly speaking, RTE is completely silent on homeschooling
  25. 25. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti So what does this mean to us THE HOMESCHOOLERS! RTE is completely silent on homeschooling Is homeschooling legal? Is homeschooling illegal? ?
  26. 26. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti And everything in between is a matter of interpretation! Homeschooling is not legal But it is not illegal either
  27. 27. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti How can homeschooling become legal? • Redefining ‘education’ so that it is not solely about ‘formal schooling’ • Because schooling is not a synonym of education. Schooling is just one form of education, a much used form, though it seems to have lost its purpose • Establish ‘parental right’ an override to the act • Because that’s what the international agreements are all about though this is an issue when it comes to developing countries where ‘schooling’ is seen as a tool of economic and social liberation • Offer open schooling as an option for elementary education • Because ‘open’ is multi-dimensional and serves a wider range of needs. It will also assist the government in meeting the challenges of the RTE • The main problem area maybe the CCE system (Continuous and Comprehensive Evaluation) which the government is anyway struggling with, and may keep doing so for a long time to come
  28. 28. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Risks and benefits of being legal • We may have ‘sarkari’ guidelines on homeschooling • We may have a nodal agency to maintain records of homeschoolers • We could get ID cards for our children • Our children could participate in all events, at all levels • Boards like CBSE, ICSE would allow 'private' candidates. Or NIOS would get same support and gain same respectability as the CBSE • Embassies would not ask us to produce an NOC from school for taking kids for holidays • This conference could be funded by MHRD!
  29. 29. Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti Bon Voyage! …for a journey we would anyways undertake, legal or illegal! Thank you!

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