Right To Education Act_A Critique
-
Upload
h-janardan-prabhu -
Category
Documents
-
view
213 -
download
0
Transcript of Right To Education Act_A Critique
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 1/40
BY AJAY SHAH,
ON APRIL 2, 2010
(REVISED)
The Right to Education Act: A Critique
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 2/40
The `Right of Children to Free and
Compulsory Education Act 2009′ (RTE Act)
came into effect in April 2010.
We start with
a historical narrative,
outline key features of the Act,
describe its serious flaws, and
suggest ways to address them.
2
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 3/40
3
Historical narrative
Article 45 under the newly framed Constitutionstated that The state shall endeavor to provide,
within a period, for free and compulsory
education for all children until they complete the
age of fourteen years.
Universal elementary education remains a distant
dream. Despite high enrolment rates of
approximately 95% as per the Annual Status ofEducation Report (ASER 2009), 52.8% of children
studying in 5th grade lack the reading skills
expected at 2nd grade.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 4/40
4
Historical narrative
Free and compulsory elementary education wasmade a fundamental right under Article 21 of the
Constitution in December 2002, by the 86th
Amendment. In translating this into action, the
`Right of Children to Free and Compulsory
Education Bill’ was drafted in 2005.
This was revised and became an Act in August
2009, but was not notified for roughly 7 months.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 5/40
The reasons for delay in notification can be mostly
attributed to unresolved financial negotiations
between the National University of Education
Planning and Administration, NUEPA.
NUEPA has been responsible for estimating RTE
funds and the Planning Commission and Ministry
of Human Resource and Development (MHRD).
5
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 6/40
6
From an estimate of an additional Rs.3.2 trillion to
Rs.4.4 trillion for the implementation of RTE Draft
Bill 2005 over 6 years (Central Advisory Board of
Education, CABE)
the figure finally set by NUEPA now stands at a
much reduced Rs.1.7 trillion over the coming 5
years.
For a frame of reference, Rs.1 trillion is 1.8% of
one year’s GDP.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 7/40
Since education falls under the concurrent list of
the Constitution, financial negotiations were also
undertaken between Central and State authorities
to agree on sharing of expenses.
This has been agreed at 35:65 between States
and Centre, though state governments continue to
argue that their share should be lower.
7
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 8/40
8
Overview of the Act
The RTE Act is a detailed and comprehensive piece of
legislation which includes
provisions related to schools,
teachers,
curriculum, evaluation,
access and
specific division of duties and
responsibilities of different stakeholders.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 9/40
Key features of the Act include:
9
Every child from 6 to 14 years of age has a right to
free and compulsory education
in a neighborhood school till completion of elementary
education.
Private schools must take in a quarter of their class
strength from `weaker sections and disadvantaged
groups’, sponsored by the government
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 10/40
All schools except private unaided schools are to be
managed by School Management Committees with 75 per
cent parents and guardians as members.
All schools except government schools are required to be
recognized by meeting specified norms and standards
within three years to avoid closure.
On the basis of this Act, the government has framed
subordinate legislation called model rules as guidelines to
states for the implementation of the Act.
10
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 11/40
11
A critique
The most important difficulties of the RTE Act are:
Inputs and Outcomes
The Act is excessively input-focused rather than outcomes-
oriented.
Even though better school facilities, books, uniforms and
better qualified teachers are important, their significance in
the Act has been overestimated in the light that at present,education provision is made through inefficient, corrupt and
unaccountable institutions.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 12/40
School Recognition
The Act unfairly penalizes private unrecognized schools
for their payment of market wages for teachers rather than
elevated civil service wages.
It also penalizes private schools for lacking the
infrastructural facilities defined under a Schedule under
the Act.
These schools, which are extremely cost efficient, operate
mostly in rural areas or urban slums, and provide essential
educational services to the poor.
12
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 13/40
Independent studies by Geeta Kingdon, James Tooley
and ASER 2009 suggest that
these schools provide similar if not better teaching
services when compared to government schools,
while spending a much smaller amount.
The Act requires government action to shut down
these schools. A better alternative would have been
to find mechanisms through which public resources
could have been infused into these schools.
13
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 14/40
14
The exemption from these same recognition requirements
for government schools is the case of double standards —
with the public sector being exempted from the same
`requirements’.
In 2014-15, there were nearly 97,000 government schools
in India with a total enrolment of 20 or fewer students.
Rajasthan, Maharashtra and Chhattisgarh closed down
23,900 such tiny government schools during 2014-15.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 15/40
School Management Committees (SMCs)
By the Act, SMCs are to comprise of mostly parents, and are to
be responsible for
planning and managing the operations of government and
aided schools.
SMCs will help increase the accountability of government
schools, but
SMCs for government schools need to be given greater
powers over evaluation of teacher competencies and
students learning assessment.
15
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 16/40
Members of SMCs are required to volunteer their time and
effort. This is an onerous burden for the poor.
Payment of some compensation to members of SMCs
could help increase the time and focus upon these.
Turning to private but `aided’ schools, the new role of
SMCs for private `aided’ schools will lead to a breakdown
of the existing management structures.
16
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 17/40
17
Teachers
Teachers are the cornerstone of good quality education and
need to be paid market-driven compensation. But the
government has gone too far by requiring high teacher
salaries averaging close to Rs.20,000 per month. Thesewages are clearly out of line, when compared with the
market wage of a teacher, for most schools in most locations
in the country. A better mechanism would have involved
schools being allowed to design their own teacher salary
packages and having autonomy to manage teachers.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 18/40
18
Teachers
A major problem in India is the lack of incentive faced by
teachers either in terms of carrot or stick. In the RTE Act,proper disciplinary channels for teachers have not been
defined.
Such disciplinary action is a must given that an average of
25 percent teachers are absent from schools at any givenpoint and almost half of those who are present are not
engaged in teaching activity.
School Management Committees need to be given this
power to allow speedy disciplinary action at the local level. Performance based pay scales need to be considered as a
way to improve teaching.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 19/40
19
25% reservation in private schools
The Act and the Rules require all private schools (whether
aided or not) to reserve at least 25% of their seats for
economically weaker and socially disadvantaged sections in
the entry level class.
These students will not pay tuition fees. Private schools will
receive reimbursements from the government calculated on
the basis of per-child expenditure in government schools. Greater clarity for successful implementation is needed on:
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 20/40
• How will `weaker and disadvantaged sections’ be
defined and verified?
• How will the government select these students for
entry level class?
• Would the admission lottery be conducted by
neighbourhood or by entire village / town / city?
• How would the supply-demand gaps in each
neighbourhood be addressed?
20
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 21/40
• What will be the mechanism for reimbursement to
private schools?• How will the government monitor the whole
process? What type of external vigilance / social
audit would be allowed / encouraged on the
process?
• What would happen if some of these students
need to change school in higher classes?
21
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 22/40
Moreover, the method for calculation of per-child
reimbursement expenditure (which is to exclude capital cost
estimates) will yield an inadequate resource flow to privateschools.
It will be tantamount to a tax on private schools.
Private schools will end up charging more to the 75% ofstudents – who are paying tuitions – to make space for the
25% of students they are forced to take.
This will drive up tuition fees for private schools (while
government schools continue to be taxpayer funded and
essentially free).
22
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 23/40
Reimbursement calculations should include capital as well
recurring costs incurred by the government.
By dictating the terms of payment, the government has
reserved the right to fix its own price, which makes private
unaided schools resent this imposition of a flat price.
A graded system for reimbursement would work better,
where schools are grouped — based on infrastructure,
academic outcomes and other quality indicators — into
different categories, which would then determine their
reimbursement.
23
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 24/40
What is to be done?
• The RTE Act has been passed; the Model Rules
have been released; financial closure appears in
hand.
• Does this mean the policy process is now
impervious to change?
• Even today, much can be achieved through a
sustained engagement with this problem.
24
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 25/40
Drafting of State Rules
Even though state rules are likely to be on the same lines
as the model rules, these rules are still to be drafted by
state level authorities
keeping in mind contextual requirements.
Advocacy on the flaws of the Central arrangements, and
partnerships with state education departments, could
yield improvements in at least some States.
25
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 26/40
Examples of critical changes which state governments should
consider are: giving SMCs greater disciplinary power over
teachers and responsibility of students learning assessment,
greater autonomy for schools to decide teacher salaries and
increased clarity in the implementation strategy for 25%
reservations.
If States are able to break away from the flaws of the Central
arrangements, this would yield demonstration effects of the
benefits from better policies.
26
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 27/40
27
Assisting private unrecognized schools
Since unrecognized schools could face closure in view of
prescribed recognition standards within three years, we could
find ways to support such schools to improve their facilities
by resource support and providing linkages with financial
institutions.
Moreover, by instituting proper rating mechanisms wherein
schools can be rated on the basis of infrastructure, learning
achievements and other quality indicators, constructive
competition can ensue.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 28/40
28
Ensure proper implementation
Despite the flaws in the RTE Act, it is equally
important for us to simultaneously ensure its proper
implementation.
Besides bringing about design changes, we as
responsible civil society members need to make the
government accountable through social audits, filing
right to information applications and demanding our
children’s right to quality elementary education.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 29/40
29
Moreover, it is likely that once the Act is notified, a
number of different groups affected by this Act will
challenge it in court.
It is, therefore, critically important for us to follow
such cases and where feasible provide support
which addresses their concerns without jeopardizing
the implementation of the Act.
(Subsequently, SC held the Act as constitutionally
valid.)
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 30/40
30
Awareness
Most well-meaning legislations fail to make significant
changes without proper awareness and grassroot
pressure.
Schools need to be made aware of provisions of the 25%
reservations, the role of SMCs and the requirements under
the Schedule.
This can be undertaken through mass awareness
programs as well as ensuring proper understanding by
stakeholders responsible for its implementation.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 31/40
31
Ecosystem creation for greater private involvement
Finally, along with ensuring implementation of the RTE Act
which stipulates
focused reforms in government schools and regulation for
private schools, we need
to broaden our vision so as to create an ecosystem
conducive to spontaneous private involvement.
The current licensing and regulatory restrictions in the
education sector discourage well-intentioned `edupreneurs’
from opening more schools.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 32/40
32
Starting a school in Delhi, for instance, is a mind-
numbing, expensive and time-consuming task which
requires clearances from four different departments
totaling more than 30 licenses. The need for
deregulation is obvious.Please support our efforts towards ensuring Right to
Education of Choice through some of the activities
suggested above.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 33/40
33
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 34/40
34
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 35/40
35
SC Bench said: “To put an obligation on the unaided non-minority school to
admit 25 per cent children in class I under Section 12(1) (c) cannot be
termed as an unreasonable restriction.
Such a law cannot be said to transgress any constitutional limitation. The
object of the 2009 Act is to remove the barriers faced by a child who seeks
admission to class I and not to restrict the freedom under Article 19(1) (g).
“From the scheme of Article 21A and the 2009 Act, it is clear that theprimary obligation is of the State to provide for free and compulsory
education to children between the age of 6 and 14 years and,
particularly, to children who are likely to be prevented from pursuing
and completing the elementary education due to inability to afford
fees or charges.”
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 36/40
36
The SC judgment said: “We hold that the Right of Children to
Free and Compulsory Education Act, 2009 is constitutionally
valid and shall apply to a school established, owned or
controlled by the appropriate Government or a local authority;
an aided school including aided minority school(s) receiving
aid or grants to meet whole or part of its expenses from the
appropriate Government or the local authority; a school
belonging to specified category; and an unaided non-minority
school not receiving any kind of aid or grants to meet its
expenses from the appropriate Government or the local
authority.”
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 37/40
37
1. Central RTE Rules notified in the Official Gazette on
8th April 2010; Model RTE Rules circulated to States
2. Report of the Committee on Implementation of RTE
Act and the Resultant Revamp of SSA finalised in April
2010 (available on website: http://www.ssa.nic.in/)
3. SSA Framework of Implementation and Norms for
Intervention revised to correspond with the provisions of the
RTE Act
4. Financial commitment of Rs 2.31 lakh crore over five
year period from 2010-11 to 2014-15; this includes the
award RS 24,068 crore of the 13th Finance Commission.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 38/40
School India:2015-1638
By March 2014, about 4355 private schools had been closed
down and another 15,83 had received notices to close down,
affecting the educational rights of nearly 39 lakh children.
DISE data show that between 2010 and 2014, total enrollment in
government elementary schools fell by 1.16 crore students while
total enrollment in private school increased by1.85 crore
students.
In 2014-15, there were nearly 97,000 government schools in
India with a total enrolment of 20 or fewer students.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 39/40
School India:2015-1639
With a pupil teacher ratio of 6 to 7 students per teacher,
and a total salary bill of Rs. 9,600 crore per annum, these
are inefficient and unviable small schools.
Rajasthan, Maharashtra and Chhattisgarh closed down
23,900 such tiny government schools during 2014-15.
The low-fee private schools produced higher learningoutcomes among children at less than 20 per cent of the
per student cost government schools.
8/19/2019 Right To Education Act_A Critique
http://slidepdf.com/reader/full/right-to-education-acta-critique 40/40
40
A Right to Quality Education Act needs to be
enacted, to underscore the importance of ensuring
learning.
The Right to Education Act needs to be focussed
back to its core intent instead of allowing the
authorities to impose extraneous conditions on
schools.