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					            Right to Education Act

                    Presented by
               Dipjyoti Sundaray-AEAI

11/9/2011                               1
  Important Definitions pertaining to
              R2E Act
            Child: Male or Female child of the age 6-14 years

            Elementary Education: Education from class 1-8

            School: (i) Established, owned and controlled by Government
            (ii) School receiving aid or grant to meet whole or part of its
            expenses from Government

            Compulsory: It is the obligation of the Government to provide
            compulsory admission, attendance, and completion of elementary
            education, provide a neighborhood school, provide infrastructure
            including school building, teaching staff and learning equipment
            and ensure good quality education.

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                       Salient Features

            Every child in the age group of 6-14 has right to free and
            compulsory education till completion of elementary education. No
            child has to pay any kind of fee/charges/expenses in pursuing and
            completing elementary education.

            Children with Disability have right to free and compulsory
            elementary education keeping in mind all round development of
            the child and other mentioned under section curriculum and
            evaluation procedure.

            Children who have not been to school or could not complete
            elementary education should be admitted in a class appropriate to
            his/her age. Children admitted directly to his/her age appropriate
            class have the right to receive special training helping cope with

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             A child thus admitted to elementary education is
             entitled to complete elementary education even after
             fourteen years of age.

             It will be the responsibility of the local authority to
             maintain records of all children residing within its
             jurisdiction as well as monitor admission, attendance
             and completion of elementary education.

             It is the responsibility of the appropriate Government
             to establish a neighborhood school (within 1 Km for
             Class I-V, within 3 kms for class VI-VII) within
             period of three years from commencement of the act.

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     Right of transfer to other school: In case the child is out of school or
     has to move for any reason (within or outside state) has the right to
     get transferred any other Government or Government aided school
     for completion of elementary education. Head teacher or incharge of
     the school, child last attended, should immediately issue transfer
     certificate, a delay in issuing the same will make them liable for
     disciplinary action. Even if there is delay in producing Transfer
     certificate it will not be a ground to delay or deny admission to the

     Proof of age for admission: for the purpose of admission, to
     determine the age of the child birth certificate to be referred. In case
     of lack of age proof, school cannot deny admission.

     The child can be admitted during any time of the academic year,
     even after extended period for school admission.
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               The school shall not subject a child to screening procedure for
               admission. The act also ensures that children belonging to weaker
               sections and disadvantaged groups shall not be prevented and

               Private education institutions to admit in class I (at least 25% of
               the strength of the class), children belonging to weaker sections
               and disadvantaged group in the neighborhood till the child
               completes elementary education. The expenses of these children
               to be borne by Government as per its norms.

               No child will be expelled or held back in any class till completion of
               elementary education. No child is required to pass any board
               examination till completion of elementary education. Every child
               completing elementary education shall be awarded a certificate.

               No child will be subject to physical punishment or mental
   11/9/2011                                                                    6

            Financial Responsibility: Responsibility of both Central
            and State Governments
            The Central Government will develop framework for
            national curriculum, develop and implement standards
            for training of teachers and provide technical support
            and resources to state Government
            Responsibility of educating children has been put on
            the Government but it is the duty of parents to admit
            the child in neighborhood school.
            Pre School Education: The act talks about necessary
            steps to be taken by appropriate Government to
            prepare children for elementary education by providing
            pre schools education to children above three years
            until they complete six years.

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            Composition: Schools shall form School Management Committee
            consisting of elected representatives of local authority, parents of
            children admitted in the school and teachers. At least three-fourth
            of members should be represented by parents including good
            representation from parents belonging to disadvantage groups and
            weaker sections. 50% of members of the committee should be
            Functions: monitor working of the school, prepare school
            development plan (SDP), and monitor grant utilization. The SDP
            prepared shall be basis for plans and grants to be made by
            appropriate Government.

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      Persons possessing minimum qualification as laid down by academic
      authority will be eligible for appointment as a teacher. If teachers
      not available in sufficient numbers then there can be relax in
      minimum qualification which the teacher should to acquire within a
      period of five years. Schools should also ensure that vacancy of
      teacher should not exceed 10 % of total sanctioned strength.
      Duties of a teacher: Teachers should be regular and punctual in
      attending school, conduct and complete curriculum, assess learning
      ability of each child, supplement additional information as per need
      of children and hold regular meetings with parents to update on
      progress of their ward.
      Pupil teacher ratio: For class 1-5th ratio to be 40:1 and for 6-8th
      maintained to be 35:1. For class 6-8th at least one teacher should be
      there for science and math, social studies and languages.
      Teachers are not allowed to take private tuitions or private teaching
      Teachers shall not be involved in Non educational purpose other
      than population census, disaster relief and election related duties.

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Curriculum and Evaluation procedure shall consider the following:

            Conformity with values enshrined in constitution
            All round development of child
            Building up child’ potential, knowledge and talent
            Development of physical and mental abilities to the fullest extent
            Learning through activities, discovery and exploring in child
            friendly and child centered manner
            Medium of instruction, as far as practicable to be in child’s mother
            Making child free of fear, trauma and anxiety and helping express
            views freely
            Continuous evaluation of child’s understanding of knowledge and
            ability to apply the same.

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             In addition to assigned functions, National Commission for
             protection of Child Rights has been vested with power to
             examine and review safeguards for right of child, inquire
             into complaints relating to right of child to free and
             compulsory education, and also take necessary steps.

             Redressal of Grievance: person having any grievance
             relating to right of a child can make written complaint to
             local authority having jurisdiction who in turn shall decide
             the matter within a period of three months. Aggrieved
             person not satisfied with the decision can appeal to state
             commission for protection of child rights.

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      School Building: It should be all weather building consisting of one
      classroom per teacher and an office cum store cum head teacher’s
      room, barrier free access, separate toilets for girls and boys, safe
      and adequate drinking water facility, kitchen for cooking mid day
      meal, playground and school boundary/fencing.

      Minimum no. of working days/instructional hours: two hundred
      working days for class 1-5th with 800 instructional hours per
      academic year. For class 6-8th two hundred and twenty working
      days including 1000 instructional hours per academic year.

      Teaching learning equipment to be provided to each class
      Library: there should be a library in each school providing
      newspaper, magazines and story books
      Play materials, games and sports equipment should be provided to
      each class

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            The act ignores children above 14 years of age. The Act does not
            ensure that children do not drop out after age 14.

            When the act realizes and recognizes the importance of pre
            primary education for children (age 3-6 years) why appropriate
            Governments are not instructed to implement it compulsorily
            rather than using the term ‘may make necessary arrangement for
            providing free preschool education” used.

            Teachers have raised the issue that there is no provision to
            guarantee that SMC will be a non-political and indiscriminate body
            who can hamper the functioning of teachers and school?

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             School Management Committee will monitor the working of the
             school, but there is no guideline which mentions mechanism to
             monitor effectiveness of the School Management Committee to
             ensure that it is in discipline? SMC talks about good representation
             of parents but how can it be ensured that parents play an active
             role and that their voices heard?

             Provision for library for each school has been mentioned, but why
             not computers? Don’t the children deserve good quality education?

             Why does the Act cannot legalize education, curbing child labour
             to bring every child to classroom?

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     In absence of detention and examination what are the procedures to
     monitor progress of a child? Will quality suffer? Under the act, a child
     can graduate to the next class regardless of performance or skill level
     in the previous one. The system then provides for special attention
     (through Section 4 of the Act) for such a child in the higher class to
     make up the deficiency in skills and ability. The critical question is –
     can a child who is unable to bear the workload of a junior class now
     deal with the workload of a senior class in addition to taking special

      Another critical issue has been raised that when every child is
     promoted to the next class irrespective of performance, wouldn’t
     parents and teachers put in less of a marginal effort to ensure
     development of the child. The onus to support the child is passed
     from teachers and parents to schools (through Section 4 of the Act),
     and rarely, if ever, will teachers be held accountable for falling
     standards of teaching.
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             In case of private schools where underprivileged children are able
             to complete elementary education, what will happen to the
             children when the government support the tuition will come to an
             end. In such a situation, what would the school do? Throw the
             child out? Where would she go for high school education? May be
             nowhere, since that is not part of her Fundamental Right!

             The act denies right to secondary and senior secondary education,
             it dilutes the Fundamental Right of children below six years.

             The act continues discrimination against government school
             children as their teachers will still be deployed for census,
             elections and disaster relief duties as these duties are, by no
             means, less time consuming and will definitely have an impact on
             the teaching time.
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             Teachers are the soul of the teaching-learning processes: clause
             23 of the Bill states that the government may relax qualifications
             for teachers. This will severely impede the quality of teaching-
             learning processes if necessary and appropriate training is not
             imparted to them.

             The Act does not regard special needs of children in internal
             strife/conflict situations in several parts of the country, where
             school access is hampered severely. Nomadic communities and
             pastoralists, Forests dwellers and tribals in remote areas also need
             special attention to access education. The bill has a only cursory
             mention of migrant children but does not clearly specify the ways
             and means of including this large group of children whose
             education rights are not fulfilled

 11/9/2011                                                                 17
            Thank you

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