Since children
will advance even if they are not learning won't it affect the quality of education?
This is a common
perception since it is difficult to see beyond the centuries old custom and
culture of failing and expelling children. That the learning level of a child
who is punished by failure at any time in the elementary stage shall improve
the next year has no educational or research backing. If at all, the social
stigma of failure, particularly for a child coming from a poor home is more
likely to ensure that the failed child shall drop off from the next year. It is
a method to weed out children who are harshly judged for being ‘weak’ or
‘dull’, which may have a lot to do with the learning environment of the school,
the psychological and coping stress on the child, rather than any innate
deficiency in the child. More often, failure and expulsion of the child hides
the deficiencies of the learning environment of the class room. That is why the
CCE, which continuously monitors the learning levels of the child and helps in
timely intervention is far superior educationally to annual or board examination
based punishments of failure and expulsions. CCE also takes into account the
interests, abilities and talents of the child beyond the school subjects that
must be recorded while issuing the completion certificate at the end of the
elementary stage (see also Q71). Properly implemented, CCE will ensure that
children do not advance without learning better than mindless testing of
children. Private schools in particular use the failure and expulsion route to
weed out what they call ‘dull’ and ‘weak’ in order to keep their school brand
at a premium to charge more fees. The Act attempts to prohibit this
malpractice, which has been upheld by the Delhi High Court decision in relation
to a prominent private school of Delhi, mentioned previously.
Can the
curriculum that is taught vary from place to place?
The curriculum must
follow some basic principles which have been laid down in the Act, including be
in line with Constitutional values and designed to develop a child's full
potential.
Who will
prescribe the curriculum and evaluation systems at the state level?
The state governments
shall have to specify academic authorities that will lay down curriculum and
evaluation procedures at the state level. These could be SCERTs or other
academic institutions of the state. The state curriculums must however be
prepared according to certain common principles of content and process
described in Section 29(2).
Does the Act
mandate a national curriculum framework?
Yes, under Section
7(6a), the central government has to develop a framework of national curriculum
with the help of academic authorities of state governments. This is significant
since the present practice of the NCERT preparing the NCF was of an advisory
nature; under the Act, it has become mandatory, and shall involve the state
governments too.
What about
innovation and research?
Providing technical
support and resources to the state governments for promoting innovations,
research, planning and capacity building is a task assigned to the central
government (Section 7(6c)). Model Rule 19(2)(b) prescribes that a teacher may
perform the tasks of curriculum formulation, development of syllabi,
preparation of training modules and text book development, in a manner that
these tasks do not interfere with his/her regular teaching.
How is child
defined in the Act?
The term ‘child’ in
the Act means a child in the age group of 6-14 years.
If there are no
Board examinations, how will children be certified when they complete elementary
education?
The procedure for
certification is described in the respective State RTE Rules. The Model Rules
says that the certificate will include the Pupil Cumulative Record of a child
which will contain the talents and abilities of the child beyond school
subjects. The implication is that such a cumulative record, spanning eight
years of elementary stage shall be kept for each child, and teachers shall be
facilitated through trainings and other means to fulfill this task.
If a 13 year old
child wants to join a school, will she be asked to leave in one year when she
attains 14 years of age?
No. The Act guarantees
the completion of elementary education. It means therefore that the child can
continue to study till she has completed class 8, irrespective of her age at
that time.
How will a
child, who was previously out of school, but now enrolled in one, cope up with
the studies?
The Act makes it
the responisbility of the school to provide a child with "special
training" in the school premises to enable her to come upto her age
appropriate class. In other words, a 10 year old has the right to be enrolled
in class 4 while she attends remedial classes provided by the school in the
same premises till she is able to be mainstreamed. This could take 3 months to
2 years.
Is it true that
no child can be expelled or failed?
No school,
governmental or private, can detain (fail) or expel any child at the elementary
stage.
The Delhi High Court has already given a verdict on this on the basis of the Act (April 7, 2010), against St. Xavier’s School, Delhi, which had to take back all the children they had declared failed and expelled from the school
The Delhi High Court has already given a verdict on this on the basis of the Act (April 7, 2010), against St. Xavier’s School, Delhi, which had to take back all the children they had declared failed and expelled from the school
Do the norms and standards of a school apply only to private schools?
No, all schools
must adhere to the norms. As per section 19 (1), no school shall be established
(by the government), or recognized (private), if it does not fulfill the norms
and standards prescribed by the Act.
Is private
tuition banned for all teachers?
Yes, it is banned
for all teachers as defined under this Act, working in government or private
elementary schools. Since this Act does not apply to secondary school teachers,
the ban on tuitions under this Act shall not extend to them, though there might
be other laws and service conditions at the state level that disallow tuitions
for secondary school teachers, which will continue to remain in force.
What is the
School Development Plan that the SMCs will prepare?
The provisions
related to School Development Plans are elaborated in the respective State RTE
Rules. It will be a three year plan estimating student strength, teacher
requirement under the prescribed PTR, additional infrastructure requirement,
financial requirements and so on. The requirement is that the combined school
development plans of a local authority will identify requirements in a bottom
up decentralized manner, for each panchayat, rather than in a top down
centralized manner, as is the common practice.
Are all schools
required to have a School Management Committee?
All government,
government aided and special category schools shall have to constitute SMCs as
per Section 21 of the Act. Since private schools are already mandated to have
management committees on the basis of their trust/society registrations, they
are not covered by Section 21. A proposed amendment (see Q83) makes the SMC an
advisory rather than a statutory body for schools covered under Article 29 and
30 of the constitution (minority schools).
Can teachers be
engaged in non-academic work as per the Act?
The Act bans all non-academic work by teachers, except that related to
elections, decennial census and disaster related tasks as per the notification by
the Central Government. Whereas census involves work once in ten years and
disasters are rare, increasingly frequent elections do keep teachers away from
schools for long periods of time, particularly for the preparation of electoral
rolls. The Ministry of Human Resource Development (MHRD), Govt. of India has
notified guidelines for the deployment of teachers for the purpose of elections
and mentions the following duties of teachers relating to the conduct of
election.
- Deployment on the
days of poll and counting.
- Attending the training and collection of election materials for such deployment
The guidelines mention that all other duties relating to electoral roll revision will be undertaken during holidays or during non-teaching hours or non-teaching days.
- Attending the training and collection of election materials for such deployment
The guidelines mention that all other duties relating to electoral roll revision will be undertaken during holidays or during non-teaching hours or non-teaching days.
Who will provide
speacial training or remedial classes for children to be able to be in an age
appropriate class?
It is the
responsibilty of the government(or school) to provide the special classes, as
far as possible within the school premises itself, so that the child can feel a
part of the school in which he/she is enrolled.
What are the
specific duties of the teacher as per the Act?
The specific duties
of the teachers under this Act are-
- Maintain regularity and punctuality in the school.
- Complete entire curriculum within a specified time.
- Assess the learning ability of each child and provide supplementary additional instruction if required.
- Hold regular meetings with parents and apprise them of regularity in attendance, learning abilities, progress and other issues concerning the child.
- Besides the above mentioned activities, the Kerala Rules specify the following activities to be taken up by the teachers:
- Maintain a file containing the pupil-cumulative record for every child that will be the basis of awarding the certificate of completion of the elementary education.
- Participate in the training programmes organized by the academic authority.
- Participate in curriculum formulation and development of syllabi, training modules and text book development.
- Perform other such duties as may be specified from time to time.
- Maintain regularity and punctuality in the school.
- Complete entire curriculum within a specified time.
- Assess the learning ability of each child and provide supplementary additional instruction if required.
- Hold regular meetings with parents and apprise them of regularity in attendance, learning abilities, progress and other issues concerning the child.
- Besides the above mentioned activities, the Kerala Rules specify the following activities to be taken up by the teachers:
- Maintain a file containing the pupil-cumulative record for every child that will be the basis of awarding the certificate of completion of the elementary education.
- Participate in the training programmes organized by the academic authority.
- Participate in curriculum formulation and development of syllabi, training modules and text book development.
- Perform other such duties as may be specified from time to time.
Who will enforce
standards of teacher trainings?
Under Section
7(6b), the central government shall ‘develop and enforce standards for training
of teachers’.
What is the
role/functions of SMC?
The roles of SMC
under the Act include-
- Monitor the functioning of the school
- Prepare and recommend the school development plan
- Monitor the utilization of grants received
- Besides the above mentioned activities, the State Rules
require following activities to be taken up by the SMC.
- Communicate to the local population, the rights of the child
and role of State Government, local authority, school and
parents as enunciated in the Act.
- Ensure regularity and punctuality of the teachers’ attendance
- Ensure enrolment and continued attendance of all the children
from the neighbourhood.
- Bring to notice of the local authority any violation of rights of
the child, in particular physical and mental harassment of
children, denial of admission and timely provision of the free
entitlements.
- Monitor maintenance of the norms and standards in the
school, as prescribed in the Schedule in the Act.
- Monitor the identification and enrolment of, and facilities for
learning by children with special needs and ensure their
participation and completion of the elementary education.
- Monitor the functioning of the school
- Prepare and recommend the school development plan
- Monitor the utilization of grants received
- Besides the above mentioned activities, the State Rules
require following activities to be taken up by the SMC.
- Communicate to the local population, the rights of the child
and role of State Government, local authority, school and
parents as enunciated in the Act.
- Ensure regularity and punctuality of the teachers’ attendance
- Ensure enrolment and continued attendance of all the children
from the neighbourhood.
- Bring to notice of the local authority any violation of rights of
the child, in particular physical and mental harassment of
children, denial of admission and timely provision of the free
entitlements.
- Monitor maintenance of the norms and standards in the
school, as prescribed in the Schedule in the Act.
- Monitor the identification and enrolment of, and facilities for
learning by children with special needs and ensure their
participation and completion of the elementary education.
How long do
governments have to ensure the PTR as given in the schedule?
Norm for PTR has
been specified in the schedule of the Act. As per Section 25(1), government
schools have to maintain the prescribed PTR in each school within six months of
notification of the Act. For private schools, the deadline was Apr 1, 2013
(three years within notification of the Act).
Who will prescribe the curriculum and evaluation systems at the state level?
The state
governments shall have to specify academic authorities that will lay down
curriculum and evaluation procedures at the state level. These could be SCERTs
or other academic institutions of the state. The state curriculums must however
be prepared according to certain common principles of content and process
described in Section 29(2).
Does the Act
mandate a national curriculum framework?
Yes, under Section
7(6a), the central government has to develop a framework of national curriculum
with the help of academic authorities of state governments. This is significant
since the present practice of the NCERT preparing the NCF was of an advisory
nature; under the Act, it has become mandatory, and shall involve the state
governments too.
What are the
specific duties of the teachers under this Act?
The duties of a
teacher as stipulated in the Act are as follows:
i) Maintain regularity and punctuality in school
ii) Complete entire curriculum in specified time
iii) Access the learning ability of each child and provide supplementary additonal instruction if required
iv) Hold regular meetings with parents and apprise them of regularity in attendance, learning abilities, progress and other issues concerning the child.
i) Maintain regularity and punctuality in school
ii) Complete entire curriculum in specified time
iii) Access the learning ability of each child and provide supplementary additonal instruction if required
iv) Hold regular meetings with parents and apprise them of regularity in attendance, learning abilities, progress and other issues concerning the child.
What about
innovation and research?
Providing technical
support and resources to the state governments for promoting innovations,
research, planning and capacity building is a task assigned to the central
government (Section 7(6c)). Model Rule 19(2)(b) prescribes that a teacher may
perform the tasks of curriculum formulation, development of syllabi,
preparation of training modules and text book development, in a manner that
these tasks do not interfere with his/her regular teaching.
Can teachers be
engaged in non-academic work as per the Act?
The Act bans all non-academic work by teachers, except that related to
elections, decennial census and disaster related tasks as per the notification
by the Central Government. Whereas census involves work once in ten years and
disasters are rare, increasingly frequent elections do keep teachers away from
schools for long periods of time, particularly for the preparation of electoral
rolls. The Ministry of Human Resource Development (MHRD), Govt. of India has
notified guidelines for the deployment of teachers for the purpose of elections
and mentions the following duties of teachers relating to the conduct of
election.
- Deployment on the
days of poll and counting.
- Attending the training and collection of election materials for such deployment
The guidelines mention that all other duties relating to electoral roll revision will be undertaken during holidays or during non-teaching hours or non-teaching days.
- Attending the training and collection of election materials for such deployment
The guidelines mention that all other duties relating to electoral roll revision will be undertaken during holidays or during non-teaching hours or non-teaching days.
What are the
specific duties of the teacher as per the Act?
The specific duties
of the teachers under this Act are-
- Maintain regularity and punctuality in the school.
- Complete entire curriculum within a specified time.
- Assess the learning ability of each child and provide supplementary additional instruction if required.
- Hold regular meetings with parents and apprise them of regularity in attendance, learning abilities, progress and other issues concerning the child.
- Besides the above mentioned activities, the Kerala Rules specify the following activities to be taken up by the teachers:
- Maintain a file containing the pupil-cumulative record for every child that will be the basis of awarding the certificate of completion of the elementary education.
- Participate in the training programmes organized by the academic authority.
- Participate in curriculum formulation and development of syllabi, training modules and text book development.
- Perform other such duties as may be specified from time to time.
- Maintain regularity and punctuality in the school.
- Complete entire curriculum within a specified time.
- Assess the learning ability of each child and provide supplementary additional instruction if required.
- Hold regular meetings with parents and apprise them of regularity in attendance, learning abilities, progress and other issues concerning the child.
- Besides the above mentioned activities, the Kerala Rules specify the following activities to be taken up by the teachers:
- Maintain a file containing the pupil-cumulative record for every child that will be the basis of awarding the certificate of completion of the elementary education.
- Participate in the training programmes organized by the academic authority.
- Participate in curriculum formulation and development of syllabi, training modules and text book development.
- Perform other such duties as may be specified from time to time.
How will the 25%
quota for EWS/Disadvantaged be administered? How will the private schools be
paid by the Governments?
Every state will notify the Per-child Cost. This per-child varies from
state to state and in some cases also on the type of class- primary or
upper-primary.
Each private school will be reimbursed fees by the state government on a per-child basis. The amount of reimbursement would be the [number of students admitted under 25% quota X fees in school subject to a maximum of the notified per-child cost. The procedure has been outlined in the respective State RTE Rules. Please refer to the RTE Matrix.
Each private school will be reimbursed fees by the state government on a per-child basis. The amount of reimbursement would be the [number of students admitted under 25% quota X fees in school subject to a maximum of the notified per-child cost. The procedure has been outlined in the respective State RTE Rules. Please refer to the RTE Matrix.
If the school is
already obliged to admit a certain number of children by a separate MoU, for
subsidized land or other benefits it obtained from the state, then it will not
receive reimbursement for the percentage of children covered by the MoU.
Will the Act
apply everywhere in India? Why is J&K left out?
Under article 370
of the Constitution, many central Acts do not automatically apply to J&K.
The J&K state legislature can however pass a similar Bill to come at par
with the rest of the country. Otherwise the Act will apply to all other states
and UTs of India.
Can a ‘para’
teacher exist after the Act comes into force?
The term ‘para’ has
many connotations. In terms of qualifications, all teachers will have to have
the same qualification in five years, so there can be no less qualified ‘para’
teachers after five years. It can also mean contractual. That is covered by
service rules and conditions, and since teachers are mostly state government
employees (except for Kendriya, Navodaya or similar schools of the central
government) that is a preserve of state governments and as per the Act will be
prescribed by them. The Model Rules however mandate that the service conditions
prepared by the states provide for and enable long term stake of teachers in
the teaching profession. Short term teaching contracts would therefore not be
compatible with such a principle.
If there are no Board examinations, how will children be certified when they complete elementary education?
The procedure for
certification is described in the respective State RTE Rules. The Model Rules
says that the certificate will include the Pupil Cumulative Record of a child
which will contain the talents and abilities of the child beyond school
subjects. The implication is that such a cumulative record, spanning eight
years of elementary stage shall be kept for each child, and teachers shall be
facilitated through trainings and other means to fulfill this task.
Does the Act
define a ‘Teacher’? Who will prescribe teacher qualifications?
Yes, the definition
of a teacher is given under Section 23(1). An academic institution of the
central government shall prescribe teacher qualifications that all teachers of
the country must have within five years. This will include both the academic
and professional qualifications. The central government has already notified
that the National Council for Teacher Education shall prescribe teacher
qualifications. A broader committee under MHRD has already sent its suggestions
to the NCTE regarding the new teacher qualifications.
Who will decide
the academic calendar of the school?
As per the Act, the
academic calender can also be decided by the local authority. This opens up the
possibility of decentralised school calendars suiting local conditions.
When has the Act
come into effect and how will it be implemented in the States?
The Act has come
into effect from 1st of April, 2010 across India except in the state of Jammu
& Kashmir. All states and Union Territories have notified their RTE Rules.
Hence, the implementation of the Act is under way.
What will happen
in places where government land is not available for building a neighbourhood
school?
Many states face
this problem in both urban and rural areas, as in Bihar, where most of the land
is in private hands. Since a school is a fundamental right of children now, the
government will have to hire accommodation for schools, or consider acquiring
or buying land, as it does for other projects of national importance.
Does the Act
define a ‘Teacher’? Who will prescribe teacher qualifications?
Yes, the definition
of a teacher is given in Section 23(1).
An academic institution of the central government shall prescribe teacher qualifications that all teachers of the country must have within five years. This will include both the academic and professional qualifications. The central government has already notified that the National Council for Teacher Education shall prescribe teacher qualifications. A broader committee under MHRD has already sent its suggestions to the NCTE regarding the new teacher qualifications.
An academic institution of the central government shall prescribe teacher qualifications that all teachers of the country must have within five years. This will include both the academic and professional qualifications. The central government has already notified that the National Council for Teacher Education shall prescribe teacher qualifications. A broader committee under MHRD has already sent its suggestions to the NCTE regarding the new teacher qualifications.
What does
‘screening procedure’ mean?
Any test or
interview/interaction of the child or interview/interaction of parents would
constitute a screening procedure to admit one child over another.
Section 2(o) along with Section 13(2)(b) prohibits any of these screening procedures and calls for only random procedures to be used for admitting a child to school. This prohibition would apply to all schools, private or special category schools like Navodaya schools too. No school can claim special category status because it indulges in screening procedures at the elementary level.
Random procedure implies that if the number of children applying to a school exceeds the available seats, an open lottery system shall be used to fill the seats. This applies to all categories of schools. Various methods could be employed for the open lottery system, the easiest being having name/number for each child that applied on a folded paper slip in a container, out of which children themselves fish out one each randomly, in the presence of parents in an open transparent manner.
Section 2(o) along with Section 13(2)(b) prohibits any of these screening procedures and calls for only random procedures to be used for admitting a child to school. This prohibition would apply to all schools, private or special category schools like Navodaya schools too. No school can claim special category status because it indulges in screening procedures at the elementary level.
Random procedure implies that if the number of children applying to a school exceeds the available seats, an open lottery system shall be used to fill the seats. This applies to all categories of schools. Various methods could be employed for the open lottery system, the easiest being having name/number for each child that applied on a folded paper slip in a container, out of which children themselves fish out one each randomly, in the presence of parents in an open transparent manner.
Are some schools
exempt from constituting a School Management Committee required by the RTE Act?
Yes. The Act
exempts private unaided schools from constituting a School Management
Committee. The Act also notes that School Management Committees in minority
aided schools and government aided schools need perform advisory functions
only. All other schools have to have a School Management Committee.
Can the
curriculum that is taught vary from place to place?
The curriculum must
follow some basic principles which have been laid down in the Act and be in
line with Constitutional values and must be designed to develop a child's full
potential.
What is the
Right of Children to Free and Compulsory Education (RCFCE) Act, 2009?
The Right of Children to Free and Compulsory Education Act, 2009 is a
legislation passed by the Indian Parliament that has come into effect from 1st
April, 2010. It is based on the 86th amendment in the Constitution through
which an Article 21 (A) was inserted after Article 21 of the Constitution.
Article 21 (A) states that “The State shall provide free and compulsory
education to all children of the age group of six to fourteen years in such
manner as the State may, by law, determine”. The RCFCE Act, 2009 is that law.
It ensures all children of India, in the age group of 6 to 14 years, a
fundamental right to free and compulsory elementary education.
As per the Article
254 of the Constitution, all the existing State Acts on Education have been
superseded by the Right of Children to Free and Compulsory Education Act, 2009.
Amendments to the RCFCE Act, 2009 would require presidential assent.
Who will provide
speacial training or remedial classes for children to be able to be in an age
appropriate class?
It is the
responsibilty of the government(or school) to provide the special classes, as
far as possible within the school premises itself, so that the child can feel a
part of the school in which he/she is enrolled.
How is the
‘school’ defined?
Under section 2(n)
of the Act, four categories are defined:
(i) funded and managed by the government or local authority,
(ii) private but aided by the government or local authority,
(iii) schools defined under special category, like Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School, school under the Central Tibetan Schools Association and similar others, and
(iv) private schools receiving no aid from the government or local authority.
(i) funded and managed by the government or local authority,
(ii) private but aided by the government or local authority,
(iii) schools defined under special category, like Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School, school under the Central Tibetan Schools Association and similar others, and
(iv) private schools receiving no aid from the government or local authority.
If a 13 year old
child wants to join a school, will she be asked to leave in one year when she
attains 14 years of age?
No. The Act
guarantees the completion of elementary education. It means therefore that the
child can continue to study till she has completed class 8, irrespective of her
age at that time.
What is meant by
neighbourhood school?
‘Neighbourhood school’ means the nearest primary/upper primary school
within walking distance from the child’s residence.
The neighbourhood school concept relates to availability of a school
within safe and accessible distance from the habitation where a child lives.
The Act defines the limits of neighbourhood schools as 1 km walking distance
from the habitation of a child at the primary level (class 1 to 5) and within
3km walking distance for upper primary level (class 6 to 8).
However, under the Kerala Rules, in places with difficult terrain, risk
of landslides, floods etc., small hamlets or habitations where no school
exists, this limit may be reduced and the state will make adequate arrangements
for providing elementary education.
The Government has
to ensure availability of neighbourhood school for all children within 3 years
of the implementation of the Act.
What if the teacher
remains absent or does not teach properly?
Disciplinary action
can be taken against the teacher (Section 24(2)). Under Model Rules 18(2) (a),
it is prescribed that the service rules of teachers should mandate the
accountability of teachers to the School Management Committees.
Who will enforce
standards of teacher trainings?
Under Section
7(6b), the central government shall ‘develop and enforce standards for training
of teachers’.
Since children
will advance even if they are not learning won't it affect the quality of
education?
This is a common
perception since it is difficult to see beyond the centuries old custom and
culture of failing and expelling children. That the learning level of a child
who is punished by failure at any time in the elementary stage shall improve
the next year has no educational or research backing. If at all, the social
stigma of failure, particularly for a child coming from a poor home is more
likely to ensure that the failed child shall drop off from the next year. It is
a method to weed out children who are harshly judged for being ‘weak’ or
‘dull’, which may have a lot to do with the learning environment of the school,
the psychological and coping stress on the child, rather than any innate
deficiency in the child. More often, failure and expulsion of the child hides
the deficiencies of the learning environment of the class room. That is why the
CCE, which continuously monitors the learning levels of the child and helps in
timely intervention is far superior educationally to annual or board
examination based punishments of failure and expulsions. CCE also takes into
account the interests, abilities and talents of the child beyond the school
subjects that must be recorded while issuing the completion certificate at the
end of the elementary stage (see also Q71). Properly implemented, CCE will
ensure that children do not advance without learning better than mindless
testing of children. Private schools in particular use the failure and
expulsion route to weed out what they call ‘dull’ and ‘weak’ in order to keep
their school brand at a premium to charge more fees. The Act attempts to
prohibit this malpractice, which has been upheld by the Delhi High Court
decision in relation to a prominent private school of Delhi, mentioned
previously.
What about
existing teachers in existing schools that do not meet these qualifications?
Those teachers that
can be trained and brought up to the standards set up by the Academic Authority
can be retained and provided the adequate training to enable them to be at par
within the 5 years that is required to comply with the norms of the Act.
On what basis
can recognition be granted to schools?
The procedure of
granting recognition to private schools varies from state to state. Please
refer to the respective state RTE Rules.
By when do the
pupil-teacher ratio norms have to be in place?
The PTR has to be
in place within 6 months of the Act coming into force. The other norms have to
be in place within 3 years.
Do the norms and
standards of a school apply only to private schools?
No, all schools
must adhere to the norms. As per section 19 (1), no school shall be established
(by the government), or recognized (private), if it does not fulfill the norms
and standards prescribed by the Act.
What about age
proof and transfer certificates?
Details about age
proofs and transfer certificates have been mentioned in the respective State
RTE Rules of the states. Broadly, in almost every state, in the absence of a
regular birth certificate issued under the Births, Deaths and Marriages
Registration Act 1886, a certificate based on hospital/ANM
record, anganwadi record or an affidavit by the parents/guardian would
suffice.
However, under section 14(2) of the Act, if none of these are available, including a notarized affidavit, a child will still be given admission and allowed to present the required documents within a period 3-6 months as specified in the state RTE Rues.
However, under section 14(2) of the Act, if none of these are available, including a notarized affidavit, a child will still be given admission and allowed to present the required documents within a period 3-6 months as specified in the state RTE Rues.
What if teachers
are not available to meet the norms of pupil-teacher ratio?
The number of
vacancies in a school cannot exceed 10% of the sanctioned strength following
the pupil teacher norms. If the requisite number of qualified teachers cannot
be found in a particular area, the qualification norms may be modified to suit
the purpose, but only for a period not exceeding 5 years.
Would education
through the open schooling system be deemed to be equivalent to formal
education as envisaged under the RTE?
Open school
certification would no longer be admissible under the Act. Open schooling
provides external certification at various levels in the 6 to 14 age group,
even when a child is either not in a school, or is in an informal or non-formal
school. Since the Act replaces external board examinations by Comprehensive and
Continuous Evaluation (CCE) in this age group, and makes education in a
neighbourhood school of minimum norms and standards provided by the schedule of
the Act compulsory, open school certification would no longer be admissible
under the Act. The National Institute of Open Schooling has already withdrawn
its certification process for the 6 to 14 age group.
All children not in school, or previously under an open school situation have a right to be admitted to age-appropriate class to a neighbourhood school, without having to produce any certification of their earlier education.
All children not in school, or previously under an open school situation have a right to be admitted to age-appropriate class to a neighbourhood school, without having to produce any certification of their earlier education.
What about
salaries of teachers?
Teacher salaries
are within the purview of the state governments and are to be prescribed by
them.
Would special
schools run by NGOs qualify as legal schools under the Act?
Yes, provided they
attain the norms and standards as defined in the Act; within three years of
notification of the Act
Who are
‘disadvantaged children’ and children belonging to ‘weaker sections’?
Children belonging
to disadvantaged groups are defined at 2(d). These include children from SC/ST,
and other socially and educationally backward categories based on cultural,
economical, social, geographical, linguistic, gender or other categories that the
appropriate governments can separately notify. Appropriate governments can for
example notify different categories in different districts and sub-districts of
the state, educationally backward religious communities, for example as
identified by the Sachar Committee and so on. Weaker sections as defined at
2(e) are children belonging to weaker economic categories that the appropriate
governments have to notify, based on a minimum annual income of the
parents/guardians.
What if the
teacher remains absent or does not teach properly?
Disciplinary action
can be taken against the teacher (Section 24(2)). Under Model Rules 18(2) (a),
it is prescribed that the service rules of teachers should mandate the
accountability of teachers to the School Management Committees.
What about
existing teachers in existing schools that do not meet these qualifications?
Those teachers that
can be trained and brought up to the standards set up by the Academic Authority
can be retained and provided the adequate training to enable them to be at par
within the 5 years that is required to comply with the norms of the Act.
What about
salaries of teachers?
Teacher salaries
are within the purview of the state governments and are to be prescribed by them.
The number of
vacancies in a school cannot exceed 10% of the sanctioned strength following
the pupil teacher norms. If the requisite number of qualified teachers cannot
be found in a particular area, the qualification norms may be modified to suit
the purpose, but only for a period not exceeding 5 years.
What is the
School Development Plan that the SMCs will prepare?
It is elaborated in
the respective State RTE Rules. It will be a three year plan estimating student
strength, teacher requirement under the prescribed PTR, additional
infrastructural, financial requirements and so on. The requirement is that the
combined school development plans of a local authority will identify
requirements in a bottom up decentralized manner, for each panchayat, rather
than in a top down centralized manner, as is the common practice.
How will the
SMCs be formed?
The detailed procedure for the formation of SMCs is outlined in
respective State RTE Rules. Please refer to the RTE Matrix.
Broadly, 75%
members of the SMC shall be parents of children studying in the school, 50% of
the total members women and that the Chair and Vice Chairpersons should be from
amongst the parents. Also, it should meet at least once a month, the minutes of
its meetings should be made public and so on.
Are all schools
required to have a School Management Committee?
All government,
government aided and special category schools shall have to constitute SMCs as
per Section 21 of the Act. Since private schools are already mandated to have
management committees on the basis of their trust/society registrations, they
are not covered by Section 21. A proposed amendment makes the SMC an advisory
rather than a statutory body for schools covered under Article 29 and 30 of the
constitution (minority schools).
What shall be
the consequence if the school decides to function even without recognition?
Such a school will
be liable to pay a fine Rs. 1 lakh and if it continues the contravention, the
fine will be at the rate of Rs. 10,000 per day. This fine will be imposed by
the Director of Public Instruction.
A large number
of schools exist without any recognition. What does the Act say about them?
No school other
than a wholly government school can function without recognition after the
commencement of the Act.
What about
schools that have facilities below the standards specified in the Act?
The schools have
been given 3 years to upgrade their standards and bring them at par with the
norms specified in the Act. After that action can be taken against them for not
meeting the standards.
What kind of a
school shall be provided to children and when?
The Act lays down
minimum norms and standards for all schools, government and private, through a
mandatory schedule. This includes number of teaching days per year, number of
teaching hours per day, number of rooms, availability of teaching learning
materials, library, toilets, safe drinking water, playground, kitchen for
mid-day meals, Pupil Teacher Ratio, subject teachers in classes 6 to 8, part
time art, work and physical instructors and so on. Governments and private
managements have three years to upgrade their existing schools to these minimum
norms, barring which they will not be allowed to operate. Governments have to
provide such a neighbourhood school to all children within three years, i.e. by
March 31, 2013. The prescribed norms are minimum, which implies that nothing
stops state governments/managements to have higher norms than those listed in
the schedule. In particular, if some schools already have higher norms, it does
not imply that they reduce those norms to match the schedule.
What about
schools that have facilities below the standards specified in the Act?
The schools have
been given 3 years to upgrade their standards and bring them at par with the
norms specified in the Act. After that action can be taken against them for not
meeting the standards.
What kind of a
school shall be provided to children and when?
The Act lays down
minimum norms and standards for all schools, government and private, through a
mandatory schedule. This includes number of teaching days per year, number of
teaching hours per day, number of rooms, availability of teaching learning
materials, library, toilets, safe drinking water, playground, kitchen for
mid-day meals, Pupil Teacher Ratio, subject teachers in classes 6 to 8, part
time art, work and physical instructors and so on. Governments and private
managements have three years to upgrade their existing schools to these minimum
norms, barring which they will not be allowed to operate. Governments have to
provide such a neighbourhood school to all children within three years, i.e. by
March 31, 2013. The prescribed norms are minimum, which implies that nothing
stops state governments/managements to have higher norms than those listed in
the schedule. In particular, if some schools already have higher norms, it does
not imply that they reduce those norms to match the schedule.
No comments:
Post a Comment