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SCHOOL LAWS AND
OFFENCES
In India, school managers
should be aware of various laws
and regulations that govern
educational institutions. Here
are some key laws and areas to
focus on:
1. The Right to Education (RTE)
The Right to Education (RTE)
Act, also known as the Right of
Children to Free and
Compulsory Education Act, is a
significant legislation in India
that was enacted on April 1,
2010. It is aimed at providing
free and compulsory education
to children between the ages of
6 and 14. Here are some key
points about the RTE Act:
▪️
Free and Compulsory
Education: The RTE Act makes it
the responsibility of the
government to ensure that
every child in the 6-14 age
group receives free and
compulsory education. It
prohibits direct or indirect
charges from students for their
education.
▪️
Admission and Infrastructure:
The Act mandates that all
recognized schools, whether
government or private, should
meet specific infrastructure
and teacher-student ratio
requirements. It also
emphasizes that private
schools must admit a minimum
number of economically
disadvantaged students (25% of
their total strength) and
provide them with free
education.
▪️
Quality Education: The RTE Act
focuses not only on access to
education but also on the
quality of education. It sets
minimum norms and standards
for teacher qualifications,
curriculum, and infrastructure.
▪️
Prohibition of Discrimination:
The Act strictly prohibits
discrimination against students
based on their social
background, gender, or
disability. Every child has the
right to receive an education
without discrimination.
▪️
No Detention Policy: The Act
includes a "no detention policy"
up to the elementary level
(Class VIII), which means
students cannot be held back
or failed until they complete
this stage.
▪️
Teacher Training: The Act
emphasizes the need for proper
training and qualifications for
teachers to ensure quality
education.
▪️
Private Schools: Private
schools are an integral part of
the RTE Act, and they are
expected to participate in
providing free education to
disadvantaged children.
▪️
Monitoring and Accountability:
There are provisions for the
regular monitoring of schools
and mechanisms for ensuring
accountability in the
implementation of the Act.
The RTE Act is a significant step
toward universalizing
elementary education in India,
with the goal of providing equal
educational opportunities to all
children. It's important for
schools, both government and
private, to comply with the
provisions of this act to ensure
that every child receives the
benefits of quality education
without discrimination.
2. CBSE ICSE state board
regulation
In India, there are various
educational boards that set
regulations and guidelines for
schools. The three primary
types of boards are the Central
Board of Secondary Education
(CBSE), the Indian Certificate of
Secondary Education (ICSE),
and State Boards. Here's an
overview of their regulations:
CBSE (Central Board of
Secondary Education):
▪️
Curriculum: CBSE prescribes a
common curriculum for all
affiliated schools. It provides a
structured and standardized
educational framework.
▪️
Examinations: CBSE conducts
board exams for classes X and
XII, and schools affiliated with
CBSE must adhere to the
examination schedules and
guidelines.
▪️
Affiliation: Schools need to
apply for affiliation with CBSE,
and compliance with CBSE's
rules and regulations is
mandatory for maintaining
affiliation.
ICSE (Indian Certificate of
Secondary Education):
▪️
Curriculum: ICSE offers a more
comprehensive and flexible
curriculum compared to CBSE.
It emphasizes a broad range of
subjects and in-depth learning.
▪️
Examinations: ICSE conducts
its board exams for classes X
and XII, and affiliated schools
follow its examination patterns
and schedules.
▪️
Affiliation: Schools can affiliate
with ICSE, and they must
adhere to ICSE's curriculum and
guidelines for affiliation.
State Boards:
▪️
Curriculum: Each state in India
has its own State Board of
Education that sets the
curriculum and guidelines for
schools within that state. State
boards often tailor the
curriculum to the specific
needs and cultural context of
the state.
▪️
Examinations: State boards
conduct their board exams for
classes X and XII, and affiliated
schools need to follow their
examination patterns and
schedules.
▪️
Affiliation: Schools affiliate
with the respective state board,
and compliance with state
board regulations is necessary
to maintain affiliation.
It's important for schools to
choose their board of affiliation
based on their educational
philosophy, resources, and
regional requirements. Each
board has its own set of
regulations, assessment
methods, and curriculum, and
schools must align with the
specific board's guidelines to
maintain affiliation. Compliance
with these regulations ensures
that students receive a
standardized and recognized
education in line with the
respective board's standard.
3. Child protection laws
Child protection laws are
crucial for safeguarding the
well-being and safety of
children. These laws vary from
country to country, but they
generally share common
principles. In India, child
protection laws encompass
various acts and provisions to
ensure the welfare of children.
Here are some key child
protection laws in India:
▪️
The Protection of Children
from Sexual Offences (POCSO)
Act, 2012: This act deals with
child sexual abuse issues. It
defines various sexual offenses
against children and prescribes
strict punishments for
offenders. It also establishes
special courts to expedite trials
and protect the privacy of child
victims.
▪️
The Juvenile Justice (Care and
Protection of Children) Act,
2015: This act focuses on the
care, protection, and
rehabilitation of children in
need of care and protection, as
well as children in conflict with
the law. It lays down the
procedures for dealing with
juveniles and sets the
framework for child welfare
committees and juvenile justice
boards.
▪️
The Child Labour (Prohibition
and Regulation) Act, 1986: This
act prohibits the employment
of children in certain
occupations and processes. It
also regulates the conditions of
work for children in permissible
employment, setting age and
hour limits.
▪️
The National Commission for
Protection of Child Rights
(NCPCR) Act, 2005: This act
establishes the NCPCR, a
statutory body responsible for
safeguarding the rights of
children. It monitors and
reports on child rights
violations and advocates for
child protection measures.
▪️
The Commissions for
Protection of Child Rights
(CPCR) Act, 2005: This act
allows states to establish State
Commissions for Protection of
Child Rights (SCPCRs) to
address child rights issues at
the state level.
▪️
The Prohibition of Child
Marriage Act, 2006: This act
sets the legal age for marriage
at 18 for girls and 21 for boys. It
aims to prevent child marriages
and protect the rights of
children, especially young girls.
▪️
The Child Protection Schemes:
India has several child
protection schemes, including
the Integrated Child Protection
Scheme (ICPS), which provides
support and services for
children in difficult
circumstances or in need of
care and protection.
These child protection laws and
acts work together to ensure
that children in India are
safeguarded from various forms
of abuse, exploitation, and
neglect. It's crucial for
authorities, communities, and
individuals to be aware of and
comply with these laws to
protect the rights and well-
being of children.
4. Anti discrimination laws
Anti-discrimination laws are
crucial for promoting equality
and protecting individuals from
discrimination based on various
characteristics. In India, there
are several anti-discrimination
laws that address different
forms of discrimination. Here
are some key anti-
discrimination laws in India:
▪️
The Constitution of India
(Article 15 and 16): The Indian
Constitution contains
provisions (Articles 15 and 16)
that prohibit discrimination on
grounds of religion, race, caste,
sex, or place of birth. These
articles ensure equal
opportunities in public
employment and access to
public places.
▪️
The Scheduled Castes and
Scheduled Tribes (Prevention of
Atrocities) Act, 1989: This act
aims to prevent atrocities
against Scheduled Castes and
Scheduled Tribes and provides
for special protections and
rights for these communities.
▪️
The Protection of Civil Rights
Act, 1955: This act was enacted
to eliminate caste-based
discrimination and enforce the
constitutional provisions
against untouchability.
▪️
The Equal Remuneration Act,
1976: This act prohibits
discrimination in pay and
employment between men and
women for the same work or
work of a similar nature.
▪️
The Maternity Benefit Act,
1961: While not a strict anti-
discrimination act, it ensures
that women are not
discriminated against in the
workplace due to pregnancy or
maternity.
▪️
The Sexual Harassment of
Women at Workplace
(Prevention, Prohibition, and
Redressal) Act, 2013: This act is
aimed at preventing and
addressing sexual harassment
in the workplace and provides a
legal framework for redressal.
▪️
The Persons with Disabilities
(Equal Opportunities,
Protection of Rights, and Full
Participation) Act, 1995: This
act safeguards the rights of
persons with disabilities and
seeks to prevent discrimination
against them.
▪️
The Transgender Persons
(Protection of Rights) Act, 2019:
This act prohibits
discrimination against
transgender individuals and
upholds their rights.
These anti-discrimination laws
collectively work to protect
individuals from discrimination
based on various grounds,
including caste, gender,
disability, and more. It's
essential for both individuals
and institutions to be aware of
and adhere to these laws to
ensure a fair and equitable
society and workplace.
5. Labour law
Labor laws in India are designed
to protect the rights and
interests of workers and
regulate the employer-
employee relationship. These
laws cover various aspects of
employment, including working
conditions, wages, and
industrial disputes. Here are
some key labor laws in India:
▪️
The Industrial Disputes Act,
1947: This act provides a
framework for the resolution of
industrial disputes and
regulates matters related to
layoffs, retrenchment, and
closure of industrial
establishments.
▪️
The Factories Act, 1948: This
act prescribes rules and
regulations for the working
conditions in factories,
including provisions for health,
safety, and welfare of workers.
▪️
The Minimum Wages Act, 1948:
This act sets minimum wage
rates that employers must pay
to workers, ensuring that they
receive fair remuneration.
▪️
The Payment of Wages Act,
1936: This act regulates the
payment of wages to
employees, including the timing
and manner of wage payments.
▪️
The Employees' Provident
Funds and Miscellaneous
Provisions Act, 1952: This act
establishes a provident fund for
employees and sets rules for
the administration of the fund.
▪️
The Employees' State
Insurance Act, 1948: This act
provides for social security and
health insurance benefits for
workers and their families.
▪️
The Maternity Benefit Act,
1961: This act grants maternity
benefits to women employees,
including paid leave and
medical benefits during
pregnancy and childbirth.
▪️
The Employees' Compensation
Act, 1923: This act requires
employers to provide
compensation to employees for
work-related injuries or
occupational diseases.
▪️
The Trade Unions Act, 1926:
This act regulates the formation
and functioning of trade unions,
which represent the collective
interests of workers.
▪️
The Labour Laws (Exemption
from Furnishing Returns and
Maintaining Registers by
Certain Establishments) Act,
1988: This act exempts small
establishments from certain
statutory obligations, such as
maintaining registers and
furnishing returns.
▪️
The Sexual Harassment of
Women at Workplace
(Prevention, Prohibition, and
Redressal) Act, 2013: While not
strictly a labor law, it addresses
sexual harassment in the
workplace and mandates
employers to create a safe
environment for women
employees.
These labor laws are essential
for both employers and
employees in India. They
establish rights and
responsibilities, ensure fair
treatment, and provide a legal
framework for resolving
disputes and promoting worker
welfare. It's crucial for
employers to understand and
comply with these laws to
create a safe and just work
environment. Similarly,
employees should be aware of
their rights and benefits under
these laws.
6. Affiliation and Recognition
In the context of educational
institutions, "affiliation" and
"recognition" are essential
aspects that involve official
approval and acknowledgment
from educational authorities.
Here's what these terms mean:
Affiliation:
▪️
What it means: Affiliation
refers to the formal association
of an educational institution
(school or college) with a
recognized educational board
or authority. This affiliation is
typically sought by private
educational institutions or
schools that are not directly
run by the government.
▪️
Purpose: Affiliation ensures
that the educational institution
follows the curriculum,
guidelines, and standards set
by the affiliated educational
board. It allows the institution
to conduct examinations and
issue certificates that are
recognized by the board.
▪️
Types: In India, educational
institutions can seek affiliation
with different boards, such as
the Central Board of Secondary
Education (CBSE), Indian
Certificate of Secondary
Education (ICSE), or State
Boards. Each board has its own
set of regulations and
requirements for affiliation.
Recognition:
▪️
What it means: Recognition is
the official acknowledgment by
an educational authority
(usually a government agency)
that an educational institution,
whether government or private,
meets the minimum standards
and criteria necessary to
operate as an educational
institution.
▪️
Purpose: Recognition assures
that the institution provides an
acceptable level of education
and adheres to certain norms
regarding infrastructure,
teacher qualifications, safety
standards, and more. It's
important for ensuring the
quality of education and the
rights of students.
▪️
Types: Recognition can vary by
the level of education (e.g.,
primary, secondary, higher
education) and can be granted
by different education
departments or authorities at
the state or national level.
7. Building and fire safety
regulations
Building and fire safety
regulations are crucial for
ensuring the safety of
occupants in various types of
structures, including
residential, commercial, and
industrial buildings. These
regulations set standards and
requirements to prevent and
mitigate fire hazards and
establish safety measures in
the event of a fire. In India,
these regulations are typically
governed by local and national
authorities. Here are some key
aspects:
▪️
National Building Code (NBC):
The National Building Code of
India is a comprehensive
document that provides
guidelines and standards for
construction, including aspects
of building and fire safety.
It covers various aspects,
including structural safety,
building design, fire protection,
and accessibility.
▪️
Fire Prevention and Life Safety
Measures:
These measures encompass the
use of fire-resistant building
materials, fire detection and
alarm systems, fire
extinguishing systems (like
sprinklers), and emergency
exits.
Regular fire drills, evacuation
plans, and emergency response
training are often mandated in
many buildings, particularly in
commercial and high-rise
structures.
▪️The Delhi Fire Service Act:
In Delhi, for example, the Delhi
Fire Service Act and Rules
provide the legal framework for
fire safety in buildings and
establishments.
▪️Electrical and Mechanical
Systems:
Building safety regulations also
encompass electrical and
mechanical systems to prevent
electrical fires and ensure
proper ventilation and smoke
control in case of a fire.
▪️
Fire Department Clearance:
Many jurisdictions require
buildings to obtain a fire
department clearance
certificate before they can be
occupied. This certificate is
issued after the fire department
inspects the building for
compliance with fire safety
regulations.
▪️
Regular Inspections and
Maintenance:
Regular inspections of fire
safety equipment and systems
are often mandated to ensure
they remain in working order.
Maintenance of fire safety
equipment, such as fire
extinguishers and alarms, is
essential.
▪️
Emergency Response Plans:
Building owners and managers
should have emergency
response plans in place,
including procedures for
evacuating occupants safely
during a fire.
Compliance with building and
fire safety regulations is
essential for protecting lives
and property. Building owners,
managers, and occupants have
a shared responsibility to
adhere to these regulations,
conduct regular maintenance,
and be prepared for fire
emergencies. Non-compliance
with fire safety regulations can
lead to legal consequences and,
more importantly, pose a
significant risk to people's
safety.
8. Environmental laws
Environmental laws in India are
designed to protect the
environment and natural
resources by regulating and
managing various aspects of
environmental conservation
and pollution control. These
laws aim to address
environmental issues such as
air and water pollution, waste
management, wildlife
conservation, and the
protection of natural habitats.
Here are some key
environmental laws in India:
▪️
The Water (Prevention and
Control of Pollution) Act, 1974:
This act focuses on the
prevention and control of water
pollution by regulating the
discharge of pollutants into
water bodies and establishing
pollution control boards.
▪️
The Air (Prevention and
Control of Pollution) Act, 1981:
This law addresses air pollution
concerns by regulating the
emission of air pollutants from
industries, vehicles, and other
sources and establishing
pollution control boards.
▪️
The Environment (Protection)
Act, 1986: This act empowers
the central government to take
measures to protect and
improve the quality of the
environment. It includes the
power to set environmental
standards and regulations.
▪️
The Forest (Conservation) Act,
1980: This law regulates the
diversion of forestland for non-
forest purposes and requires
the central government's
approval for such diversions.
▪️
The Wildlife Protection Act,
1972: This act focuses on the
protection of wildlife and their
habitats. It classifies species
into different schedules, with
varying levels of protection.
▪️
The Hazardous Waste
Management Rules, 2016: These
rules govern the management,
handling, and disposal of
hazardous waste to prevent
environmental harm.
▪️
The National Green Tribunal
Act, 2010: This act establishes
the National Green Tribunal, a
specialized environmental
court that deals with cases
related to environmental
protection and conservation.
▪️
The Coastal Regulation Zone
(CRZ) Notification, 2019: This
notification lays down
guidelines for development
activities in coastal areas to
protect the coastal
environment.
▪️
The Biomedical Waste
(Management and Handling)
Rules, 1998: These rules
regulate the management and
disposal of biomedical waste to
prevent health and
environmental hazards.
▪️
The Solid Waste Management
Rules, 2016: These rules pertain
to the management of solid
waste, including segregation,
collection, transportation, and
disposal, to address issues
related to waste generation and
pollution.
Compliance with these
environmental laws is vital for
sustainable development and
the protection of India's rich
and diverse environment. These
laws not only set standards and
regulations but also provide a
framework for enforcement,
penalties for non-compliance,
and mechanisms for public
participation in environmental
decision-making processes.
They play a crucial role in
safeguarding the environment
for current and future
generations.
9. Copy right and intellectual
property laws
Copyright and intellectual
property laws in India are
designed to protect the rights
of creators, authors, and
inventors while fostering
innovation and creativity. These
laws provide legal mechanisms
for the protection of
intellectual property, including
copyrights, patents,
trademarks, and designs. Here
are some key aspects of
copyright and intellectual
property laws in India:
▪️
The Copyright Act, 1957: This
act governs copyright
protection in India. It grants
authors and creators exclusive
rights to their original literary,
artistic, and musical works. It
covers a wide range of creative
works, including books, music,
films, software, and
architectural designs.
▪️
The Patents Act, 1970: This act
provides protection for
inventions and innovations. It
grants inventors exclusive
rights over their inventions for
a specified period, encouraging
scientific and technological
progress.
▪️
The Trade Marks Act, 1999:
This act deals with the
registration and protection of
trademarks. It ensures that
consumers can distinguish
products or services of one
company from those of
another.
▪️
The Designs Act, 2000: This
act pertains to the registration
and protection of industrial
designs, such as the aesthetic
aspects of products.
▪️
The Geographical Indications
of Goods (Registration and
Protection) Act, 1999: This act
safeguards the geographical
indications (GI) associated with
products. It ensures that
products originating from
specific regions maintain their
unique qualities and reputation.
▪️
The Semiconductor Integrated
Circuits Layout-Design Act,
2000: This act deals with the
protection of the layout designs
of integrated circuits.
▪️
The Intellectual Property
Appellate Board (IPAB): IPAB is
an appellate authority that
deals with intellectual property
disputes and appeals.
▪️
The Digital Millennium
Copyright Act (DMCA): While
not specific to India, it's
important for online content
and copyright protection. The
DMCA's safe harbor provisions
have influenced how online
platforms handle copyright
violations in India.
▪️
International Agreements:
India is a signatory to
international agreements
related to intellectual property,
including the Berne Convention
and the Trade-Related Aspects
of Intellectual Property Rights
(TRIPS) Agreement.
These laws provide creators,
inventors, and businesses with
the legal means to protect their
intellectual property, enforce
their rights, and seek remedies
in cases of infringement. They
also support innovation and
creativity by balancing the
rights of creators with the
public interest in access to
knowledge and culture.
10. Privacy and data protection
Privacy and data protection
laws in India are aimed at
safeguarding the personal
information and data of
individuals while ensuring the
responsible use of this data.
These laws are essential to
protect the privacy and
security of individuals in the
digital age. Here are key
elements of privacy and data
protection laws in India:
▪️
The Information Technology
Act, 2000 (Amended in 2008):
This act provides the legal
framework for electronic
governance, including data
protection provisions. It
includes sections related to
unauthorized access to
computer material, data
protection, and the
preservation and retention of
electronic records.
▪️
The Personal Data Protection
Bill, 2019: This bill, when
enacted into law, will regulate
the processing of personal data
of individuals in India. It
establishes principles for data
protection and the rights of
data subjects.
▪️
The Aadhaar Act, 2016: This
act deals with the unique
identification system (Aadhaar)
and provides provisions for the
protection of biometric and
demographic data of residents.
▪️
The Right to Privacy: In 2017,
the Supreme Court of India
declared the right to privacy as
a fundamental right under the
Indian Constitution. This
landmark decision affirmed the
importance of individual
privacy in India.
▪️
The Health Insurance
Portability and Accountability
Act (HIPAA) Compliance: For
organizations dealing with
healthcare data, compliance
with HIPAA regulations is
necessary to protect the
privacy and security of health
information.
▪️
The Children's Online Privacy
Protection Act (COPPA)
Compliance: While not specific
to India, COPPA compliance is
relevant for organizations
dealing with data related to
children.
▪️
Regulatory Authorities: Data
protection in India is overseen
by regulatory authorities, such
as the Data Protection
Authority proposed under the
Personal Data Protection Bill.
It's important to note that India
is in the process of enacting
comprehensive data protection
legislation with the Personal
Data Protection Bill. Once
passed, this law will have a
significant impact on how
personal data is handled,
including the rights of
individuals and obligations of
data processors and
controllers.
Adherence to these laws and
principles is essential for
organizations and individuals to
protect personal information,
ensure data security, and
maintain the trust of data
subjects. Data protection is
increasingly important in a
digital world where data is a
valuable asset and privacy is a
fundamental right.
11. Sexual harrasment laws
Sexual harassment laws in India
are designed to provide legal
protection to individuals,
particularly women, from
various forms of sexual
harassment at the workplace
and in other settings. The
primary law addressing this
issue is the "Sexual Harassment
of Women at Workplace
(Prevention, Prohibition, and
Redressal) Act, 2013." Here are
the key aspects of sexual
harassment laws in India:
▪️
The Sexual Harassment of
Women at Workplace
(Prevention, Prohibition, and
Redressal) Act, 2013:
This act mandates that all
employers, whether in the
public or private sector,
establish mechanisms to
prevent and address sexual
harassment at the workplace.
It defines sexual harassment
broadly, covering unwelcome
behavior of a sexual nature,
advances, requests for sexual
favors, and creating a hostile or
intimidating work environment.
It requires employers to
establish Internal Complaints
Committees (ICCs) in
organizations with more than
ten employees to handle
complaints of sexual
harassment.
It also allows for the formation
of Local Complaints
Committees (LCCs) to address
complaints in organizations
with fewer than ten employees.
The act lays out procedures for
the resolution of complaints
and provides safeguards to
protect the confidentiality of
the complainant and witnesses.
▪️
The Right to Privacy
(Fundamental Right):
In 2017, the Supreme Court of
India declared the right to
privacy as a fundamental right,
reinforcing the importance of
individual privacy and dignity.
▪️
The Criminal Law (Amendment)
Act, 2013:
This act amended the Indian
Penal Code to expand the
definition of sexual offenses
and increase penalties for
certain crimes, such as rape
and sexual assault.
▪️
Vishaka Guidelines (1997):
Before the enactment of the
2013 Act, the Vishaka
Guidelines were established by
the Supreme Court of India to
address sexual harassment at
the workplace. These guidelines
provided a framework for
dealing with such cases.
▪️
National Commission for
Women (NCW):
The NCW plays a significant role
in promoting and protecting
women's rights in India,
including issues related to
sexual harassment.
Compliance with the Sexual
Harassment of Women at
Workplace Act is mandatory for
all organizations, and it is vital
for employers to create a safe
and respectful work
environment, prevent sexual
harassment, and address
complaints promptly and
effectively. These laws and
guidelines aim to protect the
dignity and safety of women at
the workplace and in other
settings, and they play a crucial
role in preventing and
addressing sexual harassment.
12. Labor laws specific to
schools in India
Labor laws specific to schools
in India encompass regulations
and guidelines that apply to the
employment and working
conditions of school staff,
including teachers,
administrative personnel, and
support staff. Here are some
key labor laws and
considerations that are relevant
to schools:
▪️
Payment of Wages Act, 1936:
This act regulates the payment
of wages to employees,
including teachers and non-
teaching staff in schools. It
ensures timely and accurate
wage payments.
▪️
The Industrial Disputes Act,
1947: This act is relevant when
addressing labor disputes,
layoffs, and retrenchment in
educational institutions. It
provides guidelines for dispute
resolution.
▪️
Minimum Wages Act, 1948:
Schools must adhere to the
minimum wage rates prescribed
for different categories of
employees, including non-
teaching staff.
▪️
Employees' Provident Funds
and Miscellaneous Provisions
Act, 1952: This act mandates
the establishment of provident
funds for employees and
applies to schools as
employers.
▪️
The Maternity Benefit Act,
1961: Schools must comply
with this act, which provides
maternity benefits to female
employees, including teachers
and staff.
▪️
The Payment of Gratuity Act,
1972: This act mandates the
payment of gratuity to
employees upon retirement or
resignation after completing a
certain period of service.
Schools are required to follow
its provisions.
▪️
The Contract Labour
(Regulation and Abolition) Act,
1970: If schools employ
contract labor for various tasks,
this act applies and regulates
their conditions of
employment.
▪️
The Equal Remuneration Act,
1976: This act prohibits
discrimination in pay between
male and female employees
and ensures equal
remuneration for the same
work.
▪️
Child Labor (Prohibition and
Regulation) Act, 1986: Schools
must adhere to the provisions
that regulate child labor and set
restrictions on employing
children below a certain age.
▪️
The Employees' State
Insurance Act, 1948: This act
provides for social security
benefits to employees,
including teachers and staff, in
case of sickness, maternity, or
disability.
▪️
The Payment of Bonus Act,
1965: If schools have
employees eligible for bonuses,
this act mandates the
calculation and payment of
bonuses.
It's crucial for school
administrators and
management to be aware of
these labor laws and to comply
with their provisions. Ensuring
proper working conditions, fair
wages, and adherence to
employment-related
regulations not only safeguards
the rights of school employees
but also contributes to a
productive and harmonious
work environment.

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School Laws and Offences - India _20231101_010035_0000.pdf

  • 1. SCHOOL LAWS AND OFFENCES In India, school managers should be aware of various laws
  • 2. and regulations that govern educational institutions. Here are some key laws and areas to focus on: 1. The Right to Education (RTE) The Right to Education (RTE) Act, also known as the Right of Children to Free and Compulsory Education Act, is a significant legislation in India that was enacted on April 1, 2010. It is aimed at providing free and compulsory education to children between the ages of 6 and 14. Here are some key points about the RTE Act:
  • 3. ▪️ Free and Compulsory Education: The RTE Act makes it the responsibility of the government to ensure that every child in the 6-14 age group receives free and compulsory education. It prohibits direct or indirect charges from students for their education. ▪️ Admission and Infrastructure: The Act mandates that all recognized schools, whether government or private, should meet specific infrastructure and teacher-student ratio
  • 4. requirements. It also emphasizes that private schools must admit a minimum number of economically disadvantaged students (25% of their total strength) and provide them with free education. ▪️ Quality Education: The RTE Act focuses not only on access to education but also on the quality of education. It sets minimum norms and standards for teacher qualifications, curriculum, and infrastructure.
  • 5. ▪️ Prohibition of Discrimination: The Act strictly prohibits discrimination against students based on their social background, gender, or disability. Every child has the right to receive an education without discrimination. ▪️ No Detention Policy: The Act includes a "no detention policy" up to the elementary level (Class VIII), which means students cannot be held back or failed until they complete this stage.
  • 6. ▪️ Teacher Training: The Act emphasizes the need for proper training and qualifications for teachers to ensure quality education. ▪️ Private Schools: Private schools are an integral part of the RTE Act, and they are expected to participate in providing free education to disadvantaged children. ▪️ Monitoring and Accountability: There are provisions for the regular monitoring of schools and mechanisms for ensuring
  • 7. accountability in the implementation of the Act. The RTE Act is a significant step toward universalizing elementary education in India, with the goal of providing equal educational opportunities to all children. It's important for schools, both government and private, to comply with the provisions of this act to ensure that every child receives the benefits of quality education without discrimination. 2. CBSE ICSE state board regulation
  • 8. In India, there are various educational boards that set regulations and guidelines for schools. The three primary types of boards are the Central Board of Secondary Education (CBSE), the Indian Certificate of Secondary Education (ICSE), and State Boards. Here's an overview of their regulations: CBSE (Central Board of Secondary Education): ▪️ Curriculum: CBSE prescribes a common curriculum for all affiliated schools. It provides a structured and standardized
  • 9. educational framework. ▪️ Examinations: CBSE conducts board exams for classes X and XII, and schools affiliated with CBSE must adhere to the examination schedules and guidelines. ▪️ Affiliation: Schools need to apply for affiliation with CBSE, and compliance with CBSE's rules and regulations is mandatory for maintaining affiliation. ICSE (Indian Certificate of Secondary Education):
  • 10. ▪️ Curriculum: ICSE offers a more comprehensive and flexible curriculum compared to CBSE. It emphasizes a broad range of subjects and in-depth learning. ▪️ Examinations: ICSE conducts its board exams for classes X and XII, and affiliated schools follow its examination patterns and schedules. ▪️ Affiliation: Schools can affiliate with ICSE, and they must adhere to ICSE's curriculum and guidelines for affiliation. State Boards:
  • 11. ▪️ Curriculum: Each state in India has its own State Board of Education that sets the curriculum and guidelines for schools within that state. State boards often tailor the curriculum to the specific needs and cultural context of the state. ▪️ Examinations: State boards conduct their board exams for classes X and XII, and affiliated schools need to follow their examination patterns and schedules. ▪️ Affiliation: Schools affiliate
  • 12. with the respective state board, and compliance with state board regulations is necessary to maintain affiliation. It's important for schools to choose their board of affiliation based on their educational philosophy, resources, and regional requirements. Each board has its own set of regulations, assessment methods, and curriculum, and schools must align with the specific board's guidelines to maintain affiliation. Compliance with these regulations ensures
  • 13. that students receive a standardized and recognized education in line with the respective board's standard. 3. Child protection laws Child protection laws are crucial for safeguarding the well-being and safety of children. These laws vary from country to country, but they generally share common principles. In India, child protection laws encompass various acts and provisions to ensure the welfare of children.
  • 14. Here are some key child protection laws in India: ▪️ The Protection of Children from Sexual Offences (POCSO) Act, 2012: This act deals with child sexual abuse issues. It defines various sexual offenses against children and prescribes strict punishments for offenders. It also establishes special courts to expedite trials and protect the privacy of child victims. ▪️ The Juvenile Justice (Care and Protection of Children) Act, 2015: This act focuses on the
  • 15. care, protection, and rehabilitation of children in need of care and protection, as well as children in conflict with the law. It lays down the procedures for dealing with juveniles and sets the framework for child welfare committees and juvenile justice boards. ▪️ The Child Labour (Prohibition and Regulation) Act, 1986: This act prohibits the employment of children in certain occupations and processes. It also regulates the conditions of
  • 16. work for children in permissible employment, setting age and hour limits. ▪️ The National Commission for Protection of Child Rights (NCPCR) Act, 2005: This act establishes the NCPCR, a statutory body responsible for safeguarding the rights of children. It monitors and reports on child rights violations and advocates for child protection measures. ▪️ The Commissions for Protection of Child Rights (CPCR) Act, 2005: This act
  • 17. allows states to establish State Commissions for Protection of Child Rights (SCPCRs) to address child rights issues at the state level. ▪️ The Prohibition of Child Marriage Act, 2006: This act sets the legal age for marriage at 18 for girls and 21 for boys. It aims to prevent child marriages and protect the rights of children, especially young girls. ▪️ The Child Protection Schemes: India has several child protection schemes, including the Integrated Child Protection
  • 18. Scheme (ICPS), which provides support and services for children in difficult circumstances or in need of care and protection. These child protection laws and acts work together to ensure that children in India are safeguarded from various forms of abuse, exploitation, and neglect. It's crucial for authorities, communities, and individuals to be aware of and comply with these laws to protect the rights and well- being of children.
  • 19. 4. Anti discrimination laws Anti-discrimination laws are crucial for promoting equality and protecting individuals from discrimination based on various characteristics. In India, there are several anti-discrimination laws that address different forms of discrimination. Here are some key anti- discrimination laws in India: ▪️ The Constitution of India (Article 15 and 16): The Indian Constitution contains provisions (Articles 15 and 16) that prohibit discrimination on
  • 20. grounds of religion, race, caste, sex, or place of birth. These articles ensure equal opportunities in public employment and access to public places. ▪️ The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This act aims to prevent atrocities against Scheduled Castes and Scheduled Tribes and provides for special protections and rights for these communities. ▪️ The Protection of Civil Rights Act, 1955: This act was enacted
  • 21. to eliminate caste-based discrimination and enforce the constitutional provisions against untouchability. ▪️ The Equal Remuneration Act, 1976: This act prohibits discrimination in pay and employment between men and women for the same work or work of a similar nature. ▪️ The Maternity Benefit Act, 1961: While not a strict anti- discrimination act, it ensures that women are not discriminated against in the
  • 22. workplace due to pregnancy or maternity. ▪️ The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This act is aimed at preventing and addressing sexual harassment in the workplace and provides a legal framework for redressal. ▪️ The Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995: This act safeguards the rights of persons with disabilities and
  • 23. seeks to prevent discrimination against them. ▪️ The Transgender Persons (Protection of Rights) Act, 2019: This act prohibits discrimination against transgender individuals and upholds their rights. These anti-discrimination laws collectively work to protect individuals from discrimination based on various grounds, including caste, gender, disability, and more. It's essential for both individuals and institutions to be aware of
  • 24. and adhere to these laws to ensure a fair and equitable society and workplace. 5. Labour law Labor laws in India are designed to protect the rights and interests of workers and regulate the employer- employee relationship. These laws cover various aspects of employment, including working conditions, wages, and industrial disputes. Here are some key labor laws in India:
  • 25. ▪️ The Industrial Disputes Act, 1947: This act provides a framework for the resolution of industrial disputes and regulates matters related to layoffs, retrenchment, and closure of industrial establishments. ▪️ The Factories Act, 1948: This act prescribes rules and regulations for the working conditions in factories, including provisions for health, safety, and welfare of workers. ▪️ The Minimum Wages Act, 1948: This act sets minimum wage
  • 26. rates that employers must pay to workers, ensuring that they receive fair remuneration. ▪️ The Payment of Wages Act, 1936: This act regulates the payment of wages to employees, including the timing and manner of wage payments. ▪️ The Employees' Provident Funds and Miscellaneous Provisions Act, 1952: This act establishes a provident fund for employees and sets rules for the administration of the fund.
  • 27. ▪️ The Employees' State Insurance Act, 1948: This act provides for social security and health insurance benefits for workers and their families. ▪️ The Maternity Benefit Act, 1961: This act grants maternity benefits to women employees, including paid leave and medical benefits during pregnancy and childbirth. ▪️ The Employees' Compensation Act, 1923: This act requires employers to provide compensation to employees for
  • 28. work-related injuries or occupational diseases. ▪️ The Trade Unions Act, 1926: This act regulates the formation and functioning of trade unions, which represent the collective interests of workers. ▪️ The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988: This act exempts small establishments from certain statutory obligations, such as maintaining registers and furnishing returns.
  • 29. ▪️ The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: While not strictly a labor law, it addresses sexual harassment in the workplace and mandates employers to create a safe environment for women employees. These labor laws are essential for both employers and employees in India. They establish rights and responsibilities, ensure fair treatment, and provide a legal
  • 30. framework for resolving disputes and promoting worker welfare. It's crucial for employers to understand and comply with these laws to create a safe and just work environment. Similarly, employees should be aware of their rights and benefits under these laws. 6. Affiliation and Recognition In the context of educational institutions, "affiliation" and "recognition" are essential aspects that involve official approval and acknowledgment
  • 31. from educational authorities. Here's what these terms mean: Affiliation: ▪️ What it means: Affiliation refers to the formal association of an educational institution (school or college) with a recognized educational board or authority. This affiliation is typically sought by private educational institutions or schools that are not directly run by the government. ▪️ Purpose: Affiliation ensures that the educational institution follows the curriculum,
  • 32. guidelines, and standards set by the affiliated educational board. It allows the institution to conduct examinations and issue certificates that are recognized by the board. ▪️ Types: In India, educational institutions can seek affiliation with different boards, such as the Central Board of Secondary Education (CBSE), Indian Certificate of Secondary Education (ICSE), or State Boards. Each board has its own set of regulations and requirements for affiliation.
  • 33. Recognition: ▪️ What it means: Recognition is the official acknowledgment by an educational authority (usually a government agency) that an educational institution, whether government or private, meets the minimum standards and criteria necessary to operate as an educational institution. ▪️ Purpose: Recognition assures that the institution provides an acceptable level of education and adheres to certain norms regarding infrastructure,
  • 34. teacher qualifications, safety standards, and more. It's important for ensuring the quality of education and the rights of students. ▪️ Types: Recognition can vary by the level of education (e.g., primary, secondary, higher education) and can be granted by different education departments or authorities at the state or national level. 7. Building and fire safety regulations Building and fire safety regulations are crucial for
  • 35. ensuring the safety of occupants in various types of structures, including residential, commercial, and industrial buildings. These regulations set standards and requirements to prevent and mitigate fire hazards and establish safety measures in the event of a fire. In India, these regulations are typically governed by local and national authorities. Here are some key aspects: ▪️ National Building Code (NBC):
  • 36. The National Building Code of India is a comprehensive document that provides guidelines and standards for construction, including aspects of building and fire safety. It covers various aspects, including structural safety, building design, fire protection, and accessibility. ▪️ Fire Prevention and Life Safety Measures: These measures encompass the use of fire-resistant building materials, fire detection and alarm systems, fire
  • 37. extinguishing systems (like sprinklers), and emergency exits. Regular fire drills, evacuation plans, and emergency response training are often mandated in many buildings, particularly in commercial and high-rise structures. ▪️The Delhi Fire Service Act: In Delhi, for example, the Delhi Fire Service Act and Rules provide the legal framework for fire safety in buildings and establishments.
  • 38. ▪️Electrical and Mechanical Systems: Building safety regulations also encompass electrical and mechanical systems to prevent electrical fires and ensure proper ventilation and smoke control in case of a fire. ▪️ Fire Department Clearance: Many jurisdictions require buildings to obtain a fire department clearance certificate before they can be occupied. This certificate is issued after the fire department
  • 39. inspects the building for compliance with fire safety regulations. ▪️ Regular Inspections and Maintenance: Regular inspections of fire safety equipment and systems are often mandated to ensure they remain in working order. Maintenance of fire safety equipment, such as fire extinguishers and alarms, is essential. ▪️ Emergency Response Plans:
  • 40. Building owners and managers should have emergency response plans in place, including procedures for evacuating occupants safely during a fire. Compliance with building and fire safety regulations is essential for protecting lives and property. Building owners, managers, and occupants have a shared responsibility to adhere to these regulations, conduct regular maintenance, and be prepared for fire emergencies. Non-compliance
  • 41. with fire safety regulations can lead to legal consequences and, more importantly, pose a significant risk to people's safety. 8. Environmental laws Environmental laws in India are designed to protect the environment and natural resources by regulating and managing various aspects of environmental conservation and pollution control. These laws aim to address environmental issues such as air and water pollution, waste
  • 42. management, wildlife conservation, and the protection of natural habitats. Here are some key environmental laws in India: ▪️ The Water (Prevention and Control of Pollution) Act, 1974: This act focuses on the prevention and control of water pollution by regulating the discharge of pollutants into water bodies and establishing pollution control boards. ▪️ The Air (Prevention and Control of Pollution) Act, 1981: This law addresses air pollution
  • 43. concerns by regulating the emission of air pollutants from industries, vehicles, and other sources and establishing pollution control boards. ▪️ The Environment (Protection) Act, 1986: This act empowers the central government to take measures to protect and improve the quality of the environment. It includes the power to set environmental standards and regulations. ▪️ The Forest (Conservation) Act, 1980: This law regulates the diversion of forestland for non-
  • 44. forest purposes and requires the central government's approval for such diversions. ▪️ The Wildlife Protection Act, 1972: This act focuses on the protection of wildlife and their habitats. It classifies species into different schedules, with varying levels of protection. ▪️ The Hazardous Waste Management Rules, 2016: These rules govern the management, handling, and disposal of hazardous waste to prevent environmental harm.
  • 45. ▪️ The National Green Tribunal Act, 2010: This act establishes the National Green Tribunal, a specialized environmental court that deals with cases related to environmental protection and conservation. ▪️ The Coastal Regulation Zone (CRZ) Notification, 2019: This notification lays down guidelines for development activities in coastal areas to protect the coastal environment. ▪️ The Biomedical Waste (Management and Handling)
  • 46. Rules, 1998: These rules regulate the management and disposal of biomedical waste to prevent health and environmental hazards. ▪️ The Solid Waste Management Rules, 2016: These rules pertain to the management of solid waste, including segregation, collection, transportation, and disposal, to address issues related to waste generation and pollution. Compliance with these environmental laws is vital for sustainable development and
  • 47. the protection of India's rich and diverse environment. These laws not only set standards and regulations but also provide a framework for enforcement, penalties for non-compliance, and mechanisms for public participation in environmental decision-making processes. They play a crucial role in safeguarding the environment for current and future generations. 9. Copy right and intellectual property laws
  • 48. Copyright and intellectual property laws in India are designed to protect the rights of creators, authors, and inventors while fostering innovation and creativity. These laws provide legal mechanisms for the protection of intellectual property, including copyrights, patents, trademarks, and designs. Here are some key aspects of copyright and intellectual property laws in India: ▪️ The Copyright Act, 1957: This act governs copyright
  • 49. protection in India. It grants authors and creators exclusive rights to their original literary, artistic, and musical works. It covers a wide range of creative works, including books, music, films, software, and architectural designs. ▪️ The Patents Act, 1970: This act provides protection for inventions and innovations. It grants inventors exclusive rights over their inventions for a specified period, encouraging scientific and technological progress.
  • 50. ▪️ The Trade Marks Act, 1999: This act deals with the registration and protection of trademarks. It ensures that consumers can distinguish products or services of one company from those of another. ▪️ The Designs Act, 2000: This act pertains to the registration and protection of industrial designs, such as the aesthetic aspects of products. ▪️ The Geographical Indications of Goods (Registration and Protection) Act, 1999: This act
  • 51. safeguards the geographical indications (GI) associated with products. It ensures that products originating from specific regions maintain their unique qualities and reputation. ▪️ The Semiconductor Integrated Circuits Layout-Design Act, 2000: This act deals with the protection of the layout designs of integrated circuits. ▪️ The Intellectual Property Appellate Board (IPAB): IPAB is an appellate authority that deals with intellectual property disputes and appeals.
  • 52. ▪️ The Digital Millennium Copyright Act (DMCA): While not specific to India, it's important for online content and copyright protection. The DMCA's safe harbor provisions have influenced how online platforms handle copyright violations in India. ▪️ International Agreements: India is a signatory to international agreements related to intellectual property, including the Berne Convention and the Trade-Related Aspects
  • 53. of Intellectual Property Rights (TRIPS) Agreement. These laws provide creators, inventors, and businesses with the legal means to protect their intellectual property, enforce their rights, and seek remedies in cases of infringement. They also support innovation and creativity by balancing the rights of creators with the public interest in access to knowledge and culture. 10. Privacy and data protection
  • 54. Privacy and data protection laws in India are aimed at safeguarding the personal information and data of individuals while ensuring the responsible use of this data. These laws are essential to protect the privacy and security of individuals in the digital age. Here are key elements of privacy and data protection laws in India: ▪️ The Information Technology Act, 2000 (Amended in 2008): This act provides the legal framework for electronic
  • 55. governance, including data protection provisions. It includes sections related to unauthorized access to computer material, data protection, and the preservation and retention of electronic records. ▪️ The Personal Data Protection Bill, 2019: This bill, when enacted into law, will regulate the processing of personal data of individuals in India. It establishes principles for data protection and the rights of data subjects.
  • 56. ▪️ The Aadhaar Act, 2016: This act deals with the unique identification system (Aadhaar) and provides provisions for the protection of biometric and demographic data of residents. ▪️ The Right to Privacy: In 2017, the Supreme Court of India declared the right to privacy as a fundamental right under the Indian Constitution. This landmark decision affirmed the importance of individual privacy in India. ▪️ The Health Insurance Portability and Accountability
  • 57. Act (HIPAA) Compliance: For organizations dealing with healthcare data, compliance with HIPAA regulations is necessary to protect the privacy and security of health information. ▪️ The Children's Online Privacy Protection Act (COPPA) Compliance: While not specific to India, COPPA compliance is relevant for organizations dealing with data related to children. ▪️ Regulatory Authorities: Data protection in India is overseen
  • 58. by regulatory authorities, such as the Data Protection Authority proposed under the Personal Data Protection Bill. It's important to note that India is in the process of enacting comprehensive data protection legislation with the Personal Data Protection Bill. Once passed, this law will have a significant impact on how personal data is handled, including the rights of individuals and obligations of data processors and controllers.
  • 59. Adherence to these laws and principles is essential for organizations and individuals to protect personal information, ensure data security, and maintain the trust of data subjects. Data protection is increasingly important in a digital world where data is a valuable asset and privacy is a fundamental right. 11. Sexual harrasment laws Sexual harassment laws in India are designed to provide legal protection to individuals, particularly women, from
  • 60. various forms of sexual harassment at the workplace and in other settings. The primary law addressing this issue is the "Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013." Here are the key aspects of sexual harassment laws in India: ▪️ The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This act mandates that all employers, whether in the
  • 61. public or private sector, establish mechanisms to prevent and address sexual harassment at the workplace. It defines sexual harassment broadly, covering unwelcome behavior of a sexual nature, advances, requests for sexual favors, and creating a hostile or intimidating work environment. It requires employers to establish Internal Complaints Committees (ICCs) in organizations with more than ten employees to handle
  • 62. complaints of sexual harassment. It also allows for the formation of Local Complaints Committees (LCCs) to address complaints in organizations with fewer than ten employees. The act lays out procedures for the resolution of complaints and provides safeguards to protect the confidentiality of the complainant and witnesses. ▪️ The Right to Privacy (Fundamental Right):
  • 63. In 2017, the Supreme Court of India declared the right to privacy as a fundamental right, reinforcing the importance of individual privacy and dignity. ▪️ The Criminal Law (Amendment) Act, 2013: This act amended the Indian Penal Code to expand the definition of sexual offenses and increase penalties for certain crimes, such as rape and sexual assault. ▪️ Vishaka Guidelines (1997):
  • 64. Before the enactment of the 2013 Act, the Vishaka Guidelines were established by the Supreme Court of India to address sexual harassment at the workplace. These guidelines provided a framework for dealing with such cases. ▪️ National Commission for Women (NCW): The NCW plays a significant role in promoting and protecting women's rights in India, including issues related to sexual harassment.
  • 65. Compliance with the Sexual Harassment of Women at Workplace Act is mandatory for all organizations, and it is vital for employers to create a safe and respectful work environment, prevent sexual harassment, and address complaints promptly and effectively. These laws and guidelines aim to protect the dignity and safety of women at the workplace and in other settings, and they play a crucial role in preventing and addressing sexual harassment.
  • 66. 12. Labor laws specific to schools in India Labor laws specific to schools in India encompass regulations and guidelines that apply to the employment and working conditions of school staff, including teachers, administrative personnel, and support staff. Here are some key labor laws and considerations that are relevant to schools: ▪️ Payment of Wages Act, 1936: This act regulates the payment of wages to employees,
  • 67. including teachers and non- teaching staff in schools. It ensures timely and accurate wage payments. ▪️ The Industrial Disputes Act, 1947: This act is relevant when addressing labor disputes, layoffs, and retrenchment in educational institutions. It provides guidelines for dispute resolution. ▪️ Minimum Wages Act, 1948: Schools must adhere to the minimum wage rates prescribed for different categories of
  • 68. employees, including non- teaching staff. ▪️ Employees' Provident Funds and Miscellaneous Provisions Act, 1952: This act mandates the establishment of provident funds for employees and applies to schools as employers. ▪️ The Maternity Benefit Act, 1961: Schools must comply with this act, which provides maternity benefits to female employees, including teachers and staff.
  • 69. ▪️ The Payment of Gratuity Act, 1972: This act mandates the payment of gratuity to employees upon retirement or resignation after completing a certain period of service. Schools are required to follow its provisions. ▪️ The Contract Labour (Regulation and Abolition) Act, 1970: If schools employ contract labor for various tasks, this act applies and regulates their conditions of employment.
  • 70. ▪️ The Equal Remuneration Act, 1976: This act prohibits discrimination in pay between male and female employees and ensures equal remuneration for the same work. ▪️ Child Labor (Prohibition and Regulation) Act, 1986: Schools must adhere to the provisions that regulate child labor and set restrictions on employing children below a certain age. ▪️ The Employees' State Insurance Act, 1948: This act provides for social security
  • 71. benefits to employees, including teachers and staff, in case of sickness, maternity, or disability. ▪️ The Payment of Bonus Act, 1965: If schools have employees eligible for bonuses, this act mandates the calculation and payment of bonuses. It's crucial for school administrators and management to be aware of these labor laws and to comply with their provisions. Ensuring proper working conditions, fair
  • 72. wages, and adherence to employment-related regulations not only safeguards the rights of school employees but also contributes to a productive and harmonious work environment.