Asstt. Prof. SARBJIT KAUR Sri Guru Teg Bahadur College of education

Khankot Amritsar

Sarbjit kaur

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.

Sarbjit Kaur

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 8Bars physical punishment and mental harassment. Prohibition of denial of admission .

Sarbjit Kaur

Age group: 6- 14 years Coverage: Elementary Education (upto

class 8) Free & compulsory education in a

neighbourhood school Ensure compulsory admission, attendance

& completion of elementary education Ensure ‘good quality’ elementary education Ensure that children from weaker and

disadvantaged group are not discriminated against

Child to be admitted to ‘age- appropriate’ class and has the right to receive ‘special training’ to come at par with other children.

Aided and private schools: 25% reservation for weaker & disadvantaged children.

Schools to get reimbursement for this expenditure.

Govt. may provide free pre-school education. 25% reservation for weaker/ disadvantaged children

applies here as well.

No capitation fee/ screening procedure for child or parents. No child can be held back or expelled from school No physical punishment/ mental harassment of children

Teachers: Minimum qualifications needed. Assess learning ability of each child and regularly meet parents

School Management Committee- with 3/4th parents/ guardians Half the members should be women

Education is now a fundamental right for a child in India in the age group 6-14 years. All aspects of the Act should be justiciable as a Fundamental Right i.e. violation of any clause of the Act can be taken up in court by any citizen – not just the person/s directly involved and adversely affected. There will be no discrimination of any kind when it comes to enrolment Necessary number of neighbourhood schools shall be built in all communities within three years

Norms and standards for all schools (government and private), including teacher qualifications, will be detailed without which no school will be recognized

Appropriate pupil- teacher ratio within 6 months

Private schools will have to reserve 25% of their seats for the disadvantaged and weaker sections

Overall, RTE is a well conceptualized and comprehensive Act, covering various stakeholders who have an influence on child’s education- parents, community, teachers, schools and the government

Major concern: implementation in the right spirit

The Act protects the government against legal proceedings for anything which is done in ‘good faith’ for RTE

Mechanisms to ensure ‘good quality’ education Child labour Act- various areas of conflict Education for children under 6 (ECE) is optional Disadvantaged children treated as a homogenous

group- various categories and different needs for each Assumptions: child at home & in a family. Ensuring

specific needs of street children or those who migrate?

SMCs- private schools exempted/ minority institutions (advisory role)

Funds to be shared between Central & State governments- provisioning is not clear

Government’s accountability is not clear

Provisions like ‘Special training’ rest with SMC/ Local authority, which are completely different bodies

‘Special training’ for bringing children in age-appropriate classes: school’s responsibility Ensuring students achieve the right learning level till class 8: Comprehensive and continuous evaluation of each child Teacher recruitment and training Re- positioning of NGOs: Recognition of NGO- run schools. Space for mobile schools/ informal centres? 25% reservation for disadvantaged children: selection criteria Teacher training on child- friendly and child- centred manner of teaching

Children with disabilities covered under Persons with Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1996.

PWD Act does not cover children with cerebral palsy, mental retardation, autism and multiple disabilities, who are covered under National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

Establishing schools in the neighbourhoodUpgrading all EGS / AIE into regular

schoolsOpening schools in unserved areas

Providing additional classrooms and facilitiesOne classroom per teacher; office/store,

Head Teacher roomAdequate drinking waterSeparate toilet facility for girls and boysBarrier free access.

Sarbjit Kaur

Provision of adequate teachers Primary level Childern up to 60 : 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.

Sarbjit Kaur

Child with disability included in ‘child in disadvantaged group’. This category includes children who are SCs, STs, socially & educationally backward class or group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender etc.

Child with autism, cerebral palsy, mental retardation and multiple disabilities are to be explicitly covered under RTE Act.

Sarbjit Kaur

THANKS