What are the important sections of Right to Education State Rules for you as a school manager? How to comply with the Right to Education Act? How to engage with the Right to Education Act? This presentation was delivered at the annual conference of Vibha Foundation- Pragati 2013 to 28 Vibha partners from 8 different states.

1. RTE State Rules & RTE
Compliance
Abhishek Bhattacharya
Centre for Civil Society
New Delhi

2. What will we cover?
 Brief overview of how Education policies are
framed. Roles and powers of Central and State
govt.
 Important sections under RTE and how Vibha
partners can take advantage of those sections.
 How to comply with RTE?

3. Education policy making in India
• Concurrent subject – Both Centre and States can
frame laws
• Central Law – Right of Children to Free and
Compulsory Education Act, 2009
• State Laws – Delhi School Education Act,
Haryana School Education Act etc.

4. Right of Children to Free and
Compulsory Education Act, 2009

5. Role of Parliament
 Passed the RTE Act, 2009
 Passed the RTE (Amendment) Act, 2012

6. Role of State Assemblies
(Vidhan Sabhas)
Delhi Vidhan Sabha
 Can amend State Education Acts to bring them in line with RTE Act
 Can pass RTE (Amendment) Acts which do not conflict with the
central RTE Act.

7. Role of Central Government (MHRD)
 Drafting of bills- RTE (Amendment) Bill.
 Can amend the Schedule of the Act with a
notification.
 Hosts all committees on education like CABE –
Central Advisory Board of Education.
 Administrative control of bodies like NEUPA,
NCERT etc.

8. Role of Central Government (MHRD)...
 Administrative control over NCTE- National
Council for Teacher Education.
 Funds the RTE Division of NCPCR – National
Commission for Protection of Child Rights.

9. Role of State Government
 Frame State RTE Rules eg. Delhi RTE Rules
 Release notifications on implementation level
issues under RTE eg: Implementation of 25%
reservation in private schools.

10. Important sections under RTE

11. School Management Committees
 Committees to be constituted in every govt.,
govt. aided and specified school.
 Power of SMCs
 Prepare School Development Plan
 Identify children for special training and organise
such special training
 Various special powers in some states eg: monitor
teacher absenteeism, arrange to demonstrate
learning outcomes of children, hire teachers
temporarily.

12. For Vibha Partners
 Several states have specified that SMCs can
have Special Invitees eg: educationists, social
workers etc.
 States such as Delhi, Andhra Pradesh, Tamil
Nadu have such a provision.

13. Special Training
 Remedial education for out of school children
to bring them at par with other students.
 Children for special training to be identified by
SMC
 Special training to be organised by SMC.

14. For Vibha Partners
 Vibha Partners can work with SMC to identify
out of school children.
 They can merge their project with Special
Training organised by SMC.

15. Pre-school education
 Pre-school education is not part of RTE.
 Govt. has come up with a new draft Early
Childhood Care and Education policy. Available
on Women and Child Development Ministry
website.
 Vibha Partners
 RDO, Tamil Nadu may contribute to
development of a robust ECCE policy.

16. Prohibition of holding back
 No child can be detained in any class from 1st to
class 8th.
 Every child has to be mandatorily passed.

17. No corporal punishment
 No physical punishment or mental
harrassment.

18. RTE Compliance

19. School Recognition
 Every school established before Apr, 2010 has
to obtain recognition from local authority
(notified by State govt.)
 Usually through a self-declaration form.
 Every new school has to apply for recognition.
 Application form for recognition

20. Norms & Standards
 Recognition will be granted to only such
schools that fulfil norms and standards.
 Norms & Standards
 PTR- Pupil Teacher Ratio
 All weather building with boundary wall.
 At least one classroom for every teacher.
 Separate toilets for boys and girls
 Drinking water facility
 Library
 Teaching learning equipment
 Play material, games and sports equipment.

21. Pupil teacher ratio
 PTR is not class size.
 PTR = Total no. of students
------------------------Total no. of teachers
 Class 1 – 5 ( < 200 children)
 30:1
 >200 children: 40:1
 Class 6 - 8
 35:1

22. Teacher Training
 All teachers need to possess minimum
qualifications as laid down by NCTE.
 All present teachers have to acquire the
minimum qualifications if they are underqualified.

23. Teacher Training
 NCTE- National Council for Teacher Education
has laid down minimum qualifications for being
a teacher.
 Class 1-5
 12th + 2 year D. Ed or 12th + 4 year B. El. Ed or
Graduation + 2 year D. Ed.
 Teacher Eligibility Test made mandatory.
 For more info: www.ncte-india.org

24. Teacher Training
 13 states have sought relaxation in minimum
qualifications.
 Among Vibha projects: West Bengal has
sought relaxation.
 They have to follow the norm by Apr, 2015.

25. Infrastructure heavy Norms &
Standards
 Gujarat shows us the way...
Item
Weightage
Student Learning Outcomes
(absolute)
Student Learning Outcomes
(relative to previous survey)
Inputs
30%
Student co-scholastic Learning
Outcomes
Total
15%
40%
15%
100%

26. 25% Reservation
 Unaided schools have to reserve 25% of total
seats in class 1 for admission of Weaker sections
and disadvantaged groups.
 Admissions will happen only in class 1 or
Nursery/KG/LKG/UKG wherever admissions
take place.
 Schools will be reimbursed the fees subject to a
maximum of per-child expenditure.

27. 25% Reservation...
 Admission
 Definition of Weaker Sections & Disadvantaged
Groups
 Procedure of admission – no screening
procedure, draw of lots etc.
 Document proof
 Entitlements

28. 25% Reservation...
 Reimbursement
 Payment Schedule
 Payment Condition
 Frequency of calculation of per-child cost
 No discrimination

29. How to best implement 25%
reservation?
Centre for Civil Society’s
“Model for Implementation
for 25% reservation in private
schools”

30. NCPCR – National Commission for
Protection of Child Rights
 Nodal body to ensure implementation of RTE
Act.
 States have constituted SCPCRs.
 Vibha Partners may:
 Participate in state and national level meetings of
NCPCRs with NGOs.
 Liaise with SCPCR to improve the functioning of
RTE and participate in state level meetings.
Become a consultant with SCPCRs.

31. State Advisory Council
 To advise the State govt. on effective
implantation of the provisions of the RTE Act.
 At most 15 members.
 Vibha Partners may join SAC as:
 one member who has specialised knowledge of
children with special needs.
 one member having specialised knowledge of
pre-school education.

32. www.ccs.in
www.schoolchoice.in
Abhishek Bhattacharya
abhishek@ccs.in
011 – 2653 - 7456
+91 98106 – 59590