The Right of Children to Free and Compulsory Education Act, 2009 Introduction and Functions K. Subramanyam

“ 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” 1950 Article 45 of Directive Principles of State Policy:

2002: Fundamental Right to Education to all children of age 6-14 years 2002: Fundamental Right to Education to all children of age 6-14 years The Constitutional 86 th 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 20 th July: Rajya Sabha 4 th August: Lok Sabha President’s Assent 26 th August 2009 Gazette Notification 27 th August 2009

A BRIEF VIEW OF THE VISION OF THE RTE

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. RTE Act: Objects and Reasons (as stated when introducing Bill) The 2nd December, 2008.

Therefore: No more ‘Non Formal Education’,No more ‘Non Formal Education’, No ‘drop in’ centres for working childrenNo ‘drop in’ centres for working children No Govt. / NGO centres –only ‘schools’No Govt. / NGO centres –only ‘schools’ All children in proper formal Schools Key concept: Full time Formal School

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. NOW: States will have to ensure the completion of class 8, no fees, and in addition text books, uniforms, and mid day meals etc. Elementary Right to Elementary Education

new paradigm shift in school education 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 Now: single age- multi lelvel classes; individualized pace; testing only for guiding instruction No detention, no failure, No exclusion, No board exams, C&C Evaluation, Age appropriate Classes

Earlier: Earlier: Child had to be ‘fit’ to be admitted Now: Only by ‘random’ method (lottery) even for private schools Earlier: Earlier: Test for admission in appropriate class Now: Age criteria only responsibility on school to prepare the child Earlier Earlier: Test for Upper primary stage Now: admission tests illegal. Delhi Govt. had to take back advt. for admission tests to class 6; Now all those applying up to class 8- will get admission in govt. system Admissions: No screening; No capitation fees

Earlier: children turned away for lack of birth certificate; residence proof etc.children turned away for lack of birth certificate; residence proof etc. lack of TC (transfer certificate) meant end of schoolinglack of TC (transfer certificate) meant end of schoolingNow: no waiting for admission dates; not legal to turn child away for lack of certificates 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 HM given powers to issue TC; lack of TC not to affect admission Admissions: Year round admission, No documents, Easy ‘TC’ for migration to another school

Earlier: No schools, over crowded; under staffed, lack of rooms, no playground, no equipment, Now: primary school within neighbourhood;primary school within neighbourhood; One teacher per class; PTR:30 in primary, 35 in upper primary;One teacher per class; PTR:30 in primary, 35 in upper primary; all weather building, ramp, kitchen, toilets,all weather building, ramp, kitchen, toilets, safe and adequate drinking water;safe and adequate drinking water; playgroundplayground Grace period: Three years School: first time specified by law

Earlier: Both government and private schools employed unqualified teachers Now: Minimum qualification fixed by NCTE. No Para teachers Grace period: Five years Teachers: Teachers to be qualified

For the first time a law has laid down the duties of a teacher (Section 24)For the first time a law has laid down the duties of a teacher (Section 24) Teachers duties specified

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

Classes 1-5: 4 hours of regular classes per day, instruction time, (not including breaks, assembly, meals etc) In the remaining 2-3 hours: 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- 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) Minimum Specified days, instructional hours of schooling, teacher working Hours - Minimum Specified days, instructional hours of schooling, teacher working Hours - this means:

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 No corporal punishment, no mental harassment of pupils

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 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. Social mixing in Private fee charging schools

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 Parents to form 75% of School Managing Committee

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) 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 Earlier child was a ‘beneficiary’ Now: holder of a Justiciable Right

The TEN Functions of the Right to Education Act as pointed out by HRM Sh. Kapil Sibal to the Parliament In July 2009 Nalini Juneja Jaipur 27 th July

The TEN Functions of the Right to Education Act Makes education Free 2.Makes Education Compulsory for state to provide 3. Curriculum as per Constitutional Values 4. Ensures Quality of Teachers 5. Defines Norms for Schools 6. Pushes for Social Reform 7 Protects Child 8.Makes procedures more simple 9. Puts power in hands of people 10. Removes the oppression of Exams

RECAP: The TEN Functions of the Right to Education Act 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 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 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: