Transcript The TEN Functions of the Right to Education Act 2009

The Right of Children
to Free and Compulsory
Education Act, 2009
Introduction and Functions
K. Subramanyam - 9494481916
1950
Article 45 of Directive Principles of
State Policy:
“The State shall endeavour to provide,
within a period of ten years from the
commencement of this Constitution,
for free and compulsory education for
all children until they complete the
age of fourteen years”
2002: Fundamental Right to
Education to all children
of age 6-14 years
The Constitutional 86th
Amendment Act
Article 21A:
The state shall provide free and
compulsory education to all children
of the age of six to fourteen years
in such manner as the state may by
law determine
The Act: Passage through Parliament
20th July: Rajya Sabha
4th August: Lok Sabha
President’s Assent
26th August 2009
Gazette Notification
27th August 2009
A BRIEF VIEW OF
THE VISION OF THE RTE
RTE Act: Objects and Reasons
(as stated when introducing Bill)
The 2nd December, 2008.
3. Seeks to provide,—
(a) full time elementary education of
satisfactory and equitable quality in a
formal school which satisfies certain
essential norms
4. Responsibility also of schools
which are not dependent on
Government funds.
Key concept: Full time
Formal School
Therefore:
• No more ‘Non Formal Education’,
• No ‘drop in’ centres for working
children
• No Govt. / NGO centres –only
‘schools’
All children in proper formal
Schools
Right to Elementary Education
• Right is to Classes 1-8
• In many states:
• only primary provided state
• Rest by different bodies
• - Result: Child has difficulty in admission to
secondary, private schools offer easier route
Then where is the ‘free’ education?
• NOW: States will have to ensure the
completion of class 8, no fees, and in
addition text books , uniforms, and mid day
meals etc.
No detention, no failure, No exclusion,
No board exams, C&C Evaluation,
Age appropriate Classes
• Taken together- these mean a new
paradigm shift in school education
• Earlier: child was ‘fit’ or ‘unfit’ for a
class, there was terror of exams
• Now: single age- multi lelvel classes;
individualized pace; testing only for
guiding instruction
Admissions: No screening;
No capitation fees
Earlier: Child had to be ‘fit’ to be admitted
Now: Only by ‘random’ method (lottery) even
for private schools
Earlier: Test for admission in appropriate class
Now: Age criteria only responsibility on
school to prepare the child
Earlier: Test for Upper primary stage
Now: admission tests illegal. Delhi Govt. had to
take back 2010 -11 advt. for admission tests
to class 6; Now all those applying up to class 8will get admission in govt. system
Admissions: Year round admission,
No documents, Easy ‘TC’ for migration to
another school
Earlier:
• children turned away for lack of birth
certificate; residence proof etc.
• lack of TC (transfer certificate) meant end of
schooling
Now:
no waiting for admission dates; not legal to turn
child away for lack of certificates
School HM given powers to issue TC;
lack of TC not to affect admission
School: first time specified by law
Earlier: No schools, over crowded; under staffed,
lack of rooms, no playground, no equipment,
Now:
• primary school within neighbourhood;
• One teacher per class; PTR:30 in primary,
35 in upper primary;
• all weather building, ramp, kitchen, toilets,
• safe and adequate drinking water;
• playground
Grace period: Three years
Teachers: Teachers to
be qualified
Earlier: Both government and private
schools employed unqualified teachers
Now: Minimum qualification fixed by
NCTE. No Para teachers
Grace period: Five years
Teachers duties
specified
• For the first time a law has laid down
the duties of a teacher (Section 24)
Minimum Specified days, instructional
hours of schooling, teacher working Hours
Working days /year
Classes 1-5: = 200 days
6-8:= 220 days
Instructional Hours /year Classes 1-5:= 800Hrs;
6-8:= 1000 hrs
Teacher Working hrs/wk
45 working hours /week
(7.5 Hrs. /day)
Minimum Specified days, instructional hours of
schooling, teacher working Hours- this means:
Classes 1-5: 4 hours of regular classes per
day, instruction time,
(not including breaks, assembly, meals etc)
• In the remaining 2-3 hours:
supplementary instruction to some children , meeting
parents, preparing for Continuous and comprehensive
evaluation, working with SMC; etc.
Minimum Specified days, instructional hours of
schooling, teacher working Hours
- this means:
This really means:
All schools will need to work longer hours
no shift schools;
No non-formal education,
No excuses for not Teaching
(Teachers will now do administrative &
preparatory work outside of
instructional hours)
No corporal punishment, no
mental harassment of pupils
Teaching learning had become synonymous
with hitting and abusing pupils
-Institutionalization of a culture of abuse
of power
- Absence of Democratic functioning
Now: hitting of children is no longer a
right– provided children (& parents) know their rights
and learn how to exercise them.
reform: a culture of mutual respect
Social mixing in Private fee charging
schools
Earlier: Economic Apartheid
Now: all private schools to admit
children from weaker sections : Every
year, 25% of enrolment of class1 to
be from weaker sections
Schools to be reimbursed at rate of per
capita cost of education in govt. schools.
Parents to form 75% of School
Managing Committee
In Govt. Schools - School Management
Committees to be formed, 75% of
members to be parents (50% Mothers)
School Managing Committee to prepare
school development plans, basis of
budget allocation to the school, will look
into all aspects of the school
Earlier child was a ‘beneficiary’
Now: holder of a Justiciable Right
Govt. and its machinery is duty bound to
provide as per the Act
Complaints can be made to:
NCPCR (National Commission for
Protection of Child Rights)
SCPCR, (State Commission for Protection
of Child Rights)
RTEA ( Right to Education Authority)
Also Matters can be taken to
court
The TEN Functions of
the Right to Education
Act 2009
-as pointed out by HRM Sh. Kapil
Sibal to the Parliament
In July 2009
Nalini Juneja
Jaipur 27th July
2010
The TEN Functions of the Right to Education Act 2009
1 Makes education Free
10. Removes the
oppression of Exams
2.Makes Education Compulsory
for state to provide
9. Puts power in
hands of people
3. Curriculum as per
Constitutional Values
8.Makes procedures
more simple
4. Ensures Quality
of Teachers
7 Protects Child
6. Pushes for
Social Reform
5. Defines Norms
for Schools
RECAP:
The TEN Functions of the Right
to Education Act 2009
1. It makes education Free
2. It makes education compulsory for
the state to provide
3. It provides for Curriculum to be
in consonance with Constitutional
values
The TEN Functions of the Right to Education Act 2009
4. It addresses Quality of Teachers
5. It sets norms for Quality of
schools
6. It has a Social Reform function
(25% seats in private schools)
The TEN Functions of the Right to Education Act 2009
7. It Protects the Child and Removes Child
Labour
8. It simplifies procedures for parents
9.
It provides for local participation in
Education (SMC)
10. It Removes oppression of Examinations
Thank You
K. SUBRAMANYAM,
LECTURER, DIET
Kurnool.
Cell: 9494481916