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The Right of Children to Free and Compulsory Education, Act, 2009. Background. Art 21-A inserted in Fundamental Rights as per 86 th Constitutional Amendmnet:
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The Right of Children to Free and Compulsory Education,Act, 2009 Department of School Education and Literacy, MHRD
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 26th August, 2009. Department of School Education and Literacy, MHRD
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. Department of School Education and Literacy, MHRD
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. Department of School Education and Literacy, MHRD
Schools • Norms and standards specified for all schools • Infrastructure and related facilities • Pupil Teacher Ratios – for each school • School days; working hours for teachers • Facilities • Community participation in schools ensured through SMC comprising elected reps, teachers and parents • ¾ members from among parents of children in the school; 50% women • Proportionate representation to weaker and deprived sections • SMC to plan, manage and monitor – in collaboration with the local authority Department of School Education and Literacy, MHRD
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. Department of School Education and Literacy, MHRD
Curriculum • Curriculum and evaluation procedure laid down by prescribed academic authority should: • Conform to constitutional values • Make child free from fear, trauma and anxiety • Be child centred, child friendly; provide for learning through activities • Medium of instruction – child mother tongue to the extent possible • Provide for comprehensive and continuous evaluation • No Board examinations till completion of EE Department of School Education and Literacy, MHRD
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. Department of School Education and Literacy, MHRD
Duties: Appropriate Government, Local Authority • Ensure free and compulsory education • Establish schools in neighbourhood within 3 years • Children belonging to weaker sections and disadvantaged groups not to be discriminated against • Infrastructure, school building, teaching staff, learning equipment • Special training for previously not enrolled or drop out children to enable them to be at par with others • Monitoring of admission, attendance, completion of EE • Timely prescription of curriculum, courses of study, teachers’ training Department of School Education and Literacy, MHRD
Protection of Right • Decentralised grievance redressal mechanism • NCPCR/SCPCR assigned additional functions • Examine and review safeguards for rights under this Act, recommend measures for effective implementation • Inquire into complaints relating to child’s right to free and compulsory education • Powers assigned under Section 14 and 24 of the Commissions for Protection of Child Right Act • Where SCPCR not constituted, appropriate Government may constitute an Authority Department of School Education and Literacy, MHRD
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. Department of School Education and Literacy, MHRD
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, Department of School Education and Literacy, MHRD
Next Steps • Set up SMCs - Enforce management and supervision of schools with community support • Notify all panchayats, municipalities as local authority • Where SCPCRs are not constituted, constitute authority to perform functions in clause 31(1) • Ascertain which schools are under obligation to provide free seats for land/ Prescribe manner in which per-child expenditure will be reimbursed to other schools • Prescribe mechanism for private schools to obtain certificate of recognition Department of School Education and Literacy, MHRD
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. Department of School Education and Literacy, MHRD
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. Department of School Education and Literacy, MHRD
Parameters for Costing • Mainstreaming out-of-school children • Child entitlements: textbooks/workbooks/stationary, uniforms • Teacher Learning Equipment; library grant • Teacher development • Pre-service training of existing untrained teachers • Pre-service training of new teachers to be appointed based on attrition rate • In-service training • Inclusive education: • Management Cost to include NCPCR/SCPCR Department of School Education and Literacy, MHRD
Thank You Department of School Education and Literacy, MHRD