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The Right of Children to Free and Compulsory Education Act, (RTE)2009 Narayan Damor 2009UEE252 E-2

The salient features of the Right to Education 2009 act


Free and compulsory education to all children of India in the six to 14 age group; No child shall be held back, expelled, or required to pass a board examination until completion of elementary education Financial burden will be shared between state and central government

A child who completes elementary education shall be awarded a certificate


Will apply to all of India except J&K Provides for 25 percent reservation for economically disadvantaged communities in admission to Class One in all private schools Mandates improvement in quality of education Calls for a fixed student-teacher ratio
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The provisions of RTE Act


Age group: 6- 14 years Coverage: Elementary Education (upto class 8) Free & compulsory education in a neighbourhood school Ensure compulsory admission, attendance & completion of elementary education Ensure good quality elementary education Ensure that children from weaker and disadvantaged group are not discriminated against
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Provisions
Child to be admitted to age- appropriate class and has the right to receive special training to come at par with other children. Aided and private schools: 25% reservation for weaker & disadvantaged children. Schools to get reimbursement for this expenditure. Govt. may provide free pre-school education. 25% reservation for weaker/ disadvantaged children applies here as well.
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Provisions
No capitation fee/ screening procedure for child or parents. No child can be held back or expelled from school No physical punishment/ mental harassment of children Teachers: Minimum qualifications needed. Assess learning ability of each child and regularly meet parent School Management Committee with 3/4th parents/ guardians Half the members should be women

Provisions
Schools to have barrier- free access Safe and appropriate transportation arrangements to attend school Free special learning and support materials Local authority to keep updated records of children, including the disabled SMC to monitor enrolment and facilities of learning for disabled children State Advisory Council should have atleast 1 person specialized in education of children with special needs REPA will have 2 members from varied backgrounds, which includes those having experience in working with children with disabilities

Concerns
Major concern: implementation in the right spirit The Act protects the government against legal proceedings for anything which is done in good faith for RTE Mechanisms to ensure good quality education Child labour Act- various areas of conflict Education for children under 6 (ECE) is optional Disadvantaged children treated as a homogenous group- various categories and different needs for each Assumptions: child at home & in a family. Ensuring specific needs of street children or those who migrate? SMCs- private schools exempted/ minority institutions (advisory role)
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Ambiguities
Funds to be shared between Central & State governments- provisioning is not clear
Governments accountability is not clear Provisions like Special training rest with SMC/ Local authority, which are completely different bodies

Children with disabilities


Children with disabilities covered under Persons with Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1996. PWD Act does not cover children with cerebral palsy, mental retardation, autism and multiple disabilities, who are covered under National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

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Commonly raised issues


Why no detention, no examinations? Wouldnt quality suffer? Examinations are known to produce mental trauma. Fear of failure, particularly at a tender age, leads to loss of self esteem. No detention policy implies putting in place a continuous and comprehensive procedure of child evaluation and recording it so that the teacher can use it as a guide in helping each child reach desired levels of educational achievement.
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Teachers
Qualification for appointment of teachers to be laid down by academic authority authorised by Central Government Prohibits private tuition by teachers

Lays down academic responsibilities of teachers


Prohibits deployment of teachers for nonEducation purpose, except decennia census, disaster relief and elections
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Curriculum
Curriculum by prescribed academic authority should:

Conform to constitutional values


Make child free from fear, trauma and anxiety

Be child centred, child friendly; provide for learning through activities


Medium of instruction child mother tongue to the extent possible Provide for comprehensive and continuous evaluation

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Implications
Special training for bringing children in age-appropriate classes: schools responsibility

Ensuring students achieve the right learning level till class 8: Comprehensive and continuous evaluation of each child
Teacher recruitment and training

Re- positioning of NGOs: Recognition of NGO- run schools. Space for mobile schools/ informal centres?
25% reservation for disadvantaged children: selection criteria

Teacher training on child- friendly and child- centred manner of teaching

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Conclusion
Education is now a fundamental right for a child in India in the age group 6-14 years. All aspects of the Act should be justiciable as a Fundamental Right i.e. violation of any clause of the Act can be taken up in court by any citizen not just the person/s directly involved and adversely affected. There will be no discrimination of any kind when it comes to enrolment Necessary number of neighbourhood schools shall be built in all communities within three years
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Conclusion
Norms and standards for all schools (government and private), including teacher qualifications, will be detailed without which no school will be recognized Appropriate pupil- teacher ratio within 6 months Private schools will have to reserve 25% of their seats for the disadvantaged and weaker sections Overall, RTE is a well conceptualized and comprehensive Act, covering various stakeholders who have an influence on childs education parents, community, teachers, schools and the government
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contents
topic slide no.

salient features
The provisions Concerns Ambiguities Issues Teachers Curriculum Implications Conclusion

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