Right to Education Act, 2009 and Secondary Education

By

Ashim Kumar BiswasStudent of B.Ed. Program in ODL Mode, Under NSOUEnrolment No: 0160 Study Centre: Satyapriya Roy College of Education

After independence, Article 45 under the Indian Constitution stated that the State shall endeavor 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.

But the State failed miserably in fulfilling this obligation as is evident from the fact that even after 67 years, universal elementary education remains a distant dream.

Introduction

Title, Extent And Commencement

An act to provide for free and compulsory education to all children of the age 0f six to fourteen years is called RTEA, 2009.

It shall be extended all over India except the state of Jammu and Kashmir.

It shall come into force on such date as the Central Government may, by notification in the official Gazette appoint.

Some Definitions

Appropriate Government

(i) In relation to a school established, owned or controlled by the Central Government or the administrator of the Union territory, having no legislature, the Central Government;

(ii) In relation to a school other than the school referred in sub –clause (i) established within the territory of

(A) a State, the State Government; (B) a Union territory having legislature, the Government of that Union territory;

Capitation fee

Any kind of donation or contribution or payment other than the fee notified by the school ;

Child

A male or female child of the age of six to fourteen years;

Child belonging to disadvantage group

a child belonging to Scheduled Caste, Scheduled Tribe, the socially and educationally backward class, such other group having disadvantage owing to social, culture, economical, geographical, linguistic, gender or other such other factor, as may be specified by the appropriate Government, by notification

Child belonging to weaker section

Means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification.

Elementary education

Means the education from the first class to eight class

Guardian

Means a person having the care and custody of a child and includes a natural guardian or guardian appointed or declared by a court or a statute.

Local authority

Municipal corporation or Municipal Council or Zila Parishad or Nagar Panchayat, Panchayat and other authority or body having administrative control over the school

National Commission for Protection of Child Right ?

Notification means a notification published in Official Gazette.Parent means either the natural or step or adoptive father or mother of a child.Prescribed means prescribed by rules made under this Act.Schedule means the schedule annexed to this Act.How are any recognized school imparting elementary education ?

A school established or owned or controlled the appropriate Government or a local authority An aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or Local authority. A school belonging to specified category. An unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority.

What is ‘screening Procedure’ ?

Specified category

(i) Kendriya Vidyalaya(ii) Navodaya Vidyalaya(iii)Sainik School(iv)Any other school having district character.

What is ‘State Commission for Protection of Child Right’ ?

Right of child to free and compulsory education.

Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till the completion of elementary education; No child shall be liable to pay any kind of fee 0r charges or expenses which may prevent him or her from the pursuing or completing the elementary education; Child belonging to any category will have the same opportunity.

What are the ‘Special Provisions’ for Children?

Admission in a class according to the age of a child; Arrangement of the special training for such children; Right of transfer to other school.

Duties of Central Government and State Government

Establishment of a school according to the rules prescribed by RTE; Central and State Government must concurrently provide funds; Development of the national curriculum framework; Arrangement for training of teachers; CG will provide technical support and resources to SG for promoting innovations, researches, planning and capacity building; Provide free elementary education for every child; Ensure compulsory admission, attendance and completion of education for every child. Ensure the availability of neighbouring school according to RTE; Ensure equal opportunity for the child belonging to weaker section, disability etc; Provide infrastructure including school building, teaching staff and learning equipment; Provide special training facility for teacher

What is the duties of Parents or Guardians ?

Norms and standard for school ?

Responsibilities of schools and teachers ?

N0 capitation fee and screening test for admission ;

Age proof for admission;

No denial of admission;

Prohibition of holding back and expulsion;

No physical punishment and mental harassment;

No school to be established without recognition certificate;

School management committee and its function

Consisting of elected representative of the local authority , Parents or guardians of the children admitted in concerned school and teachers; ¾ members of SMC will be parents or Guardians; 50 % will be women; monitor the working of the school; prepare and recommend school development plan; perform other functions.

Qualification and duties of teacher ?

Training in teacher education; Maintain regularity and punctuality in attending school; Complete entire curriculum within the specified time; Asses the learning ability of each child; Hold regular meeting with parents or guardian about learning of child; No teacher will be deployed for any non educational purpose other than population census, disaster duties , election duties; No teacher shall be engaged himself or herself in private tuition or private teaching activity.

Curriculum and Evaluation procedure

Conformity with the values enshrined in the constitution; All round development of the child; building up child’s knowledge, potentiality and talent; development of physical and mental abilities to the fullest extent; learning through activities, discovery and exploration in a child friendly and child centered manner; medium of instruction will be of child’s mother tongue; Comprehensive and continuous evaluation; No child shall be required to pass any Board Examination till completion of elementary education. Certificate of completing elementary education.

Monitoring of child’s Right to education ?

Advisory council ?

National advisory council;

State advisory council.

Standards and Norms for a school

Thank You