The Right of Children to Free and Compulsory Education Act, 2009

1. The Right of Children to Free and Compulsory Education Act, 2009 Introduction and Functions K. Subramanyam - 9494481916

2. 1950Article 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”

3. 2002: Fundamental Right to Education to all children of age 6-14 years The Constitutional 86th Amendment Act

4. Article 21A: The state shallprovide free and compulsory education to all children of the age of six to fourteen years in such manneras the state may by law determine

5. The Act: Passage through Parliament 20th July: Rajya Sabha 4th August: Lok Sabha President’s Assent 26th August 2009 Gazette Notification 27th August 2009

6. Right to Education Act 2009: what will it change? A brief view of the Vision of the RTE

7. 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.

8. 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

9. 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.

10. 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

11. 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 8-will get admission in govt. system

12. 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

13. 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

14. 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

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

16. 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)

17. Minimum Specified days, instructional hours of schooling, teacher working Hours- this means: Classes1-5: 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.

18. 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)

19. 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

20. 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.

21. 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

22. 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

23. The TEN Functions of the Right to Education Act 2009 -as pointed out by HRM Sh. KapilSibal to the Parliament In July 2009 NaliniJuneja Jaipur 27th July 2010

24. 1 Makes education Free 2.Makes Education Compulsory for state to provide 10. Removes the oppression of Exams 3. Curriculum as per Constitutional Values 9. Puts power in hands of people 4. Ensures Quality of Teachers 8.Makes procedures more simple 5. Defines Norms for Schools 7 Protects Child 6. Pushes for Social Reform The TEN Functions of the Right to Education Act 2009

25. RECAP: The TEN Functions of the Right to Education Act 2009 It makes education Free It makes education compulsory for the state to provide It provides for Curriculum to be in consonance with Constitutional values

26. The TEN Functions of the Right to Education Act 2009 • It addresses Quality of Teachers • It sets norms for Quality of schools • It has a Social Reform function (25% seats in private schools)

27. The TEN Functions of the Right to Education Act 2009 • 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

28. Thank You K. SUBRAMANYAM, LECTURER, DIET Kurnool. Cell: 9494481916