Right to Education State Rules & RTE Compliance

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What are the important sections of Right to Education State Rules for you as a school manager? How to comply with the Right to Education Act? How to engage with the Right to Education Act? This presentation was delivered at the annual conference of Vibha Foundation- Pragati 2013 to 28 Vibha partners from 8 different states.


  • 1.RTE State Rules & RTE ComplianceAbhishek Bhattacharya Centre for Civil Society New Delhi

2. What will we cover? Brief overview of how Education policies are framed. Roles and powers of Central and State govt. Important sections under RTE and how Vibha partners can take advantage of those sections. How to comply with RTE? 3. Education policy making in India Concurrent subject Both Centre and States can frame laws Central Law Right of Children to Free and Compulsory Education Act, 2009 State Laws Delhi School Education Act, Haryana School Education Act etc. 4. Right of Children to Free and Compulsory Education Act, 2009 5. Role of Parliament Passed the RTE Act, 2009 Passed the RTE (Amendment) Act, 2012 6. Role of State Assemblies (Vidhan Sabhas)Delhi Vidhan Sabha Can amend State Education Acts to bring them in line with RTE Act Can pass RTE (Amendment) Acts which do not conflict with the central RTE Act. 7. Role of Central Government (MHRD) Drafting of bills- RTE (Amendment) Bill. Can amend the Schedule of the Act with a notification. Hosts all committees on education like CABE Central Advisory Board of Education. Administrative control of bodies like NEUPA, NCERT etc. 8. Role of Central Government (MHRD)... Administrative control over NCTE- National Council for Teacher Education. Funds the RTE Division of NCPCR National Commission for Protection of Child Rights. 9. Role of State Government Frame State RTE Rules eg. Delhi RTE Rules Release notifications on implementation level issues under RTE eg: Implementation of 25% reservation in private schools. 10. Important sections under RTE 11. School Management Committees Committees to be constituted in every govt., govt. aided and specified school. Power of SMCs Prepare School Development Plan Identify children for special training and organise such special training Various special powers in some states eg: monitor teacher absenteeism, arrange to demonstrate learning outcomes of children, hire teachers temporarily. 12. For Vibha Partners Several states have specified that SMCs can have Special Invitees eg: educationists, social workers etc. States such as Delhi, Andhra Pradesh, Tamil Nadu have such a provision. 13. Special Training Remedial education for out of school children to bring them at par with other students. Children for special training to be identified by SMC Special training to be organised by SMC. 14. For Vibha Partners Vibha Partners can work with SMC to identify out of school children. They can merge their project with Special Training organised by SMC. 15. Pre-school education Pre-school education is not part of RTE. Govt. has come up with a new draft Early Childhood Care and Education policy. Available on Women and Child Development Ministry website. Vibha Partners RDO, Tamil Nadu may contribute to development of a robust ECCE policy. 16. Prohibition of holding back No child can be detained in any class from 1st to class 8th. Every child has to be mandatorily passed. 17. No corporal punishment No physical punishment or mental harrassment. 18. RTE Compliance 19. School Recognition Every school established before Apr, 2010 has to obtain recognition from local authority (notified by State govt.) Usually through a self-declaration form. Every new school has to apply for recognition. Application form for recognition 20. Norms & Standards Recognition will be granted to only such schools that fulfil norms and standards. Norms & Standards PTR- Pupil Teacher Ratio All weather building with boundary wall. At least one classroom for every teacher. Separate toilets for boys and girls Drinking water facility Library Teaching learning equipment Play material, games and sports equipment. 21. Pupil teacher ratio PTR is not class size. PTR = Total no. of students ------------------------Total no. of teachers Class 1 5 ( < 200 children) 30:1 >200 children: 40:1 Class 6 - 8 35:1 22. Teacher Training All teachers need to possess minimum qualifications as laid down by NCTE. All present teachers have to acquire the minimum qualifications if they are underqualified. 23. Teacher Training NCTE- National Council for Teacher Education has laid down minimum qualifications for being a teacher. Class 1-5 12th + 2 year D. Ed or 12th + 4 year B. El. Ed or Graduation + 2 year D. Ed. Teacher Eligibility Test made mandatory. For more info: www.ncte-india.org 24. Teacher Training 13 states have sought relaxation in minimum qualifications. Among Vibha projects: West Bengal has sought relaxation. They have to follow the norm by Apr, 2015. 25. Infrastructure heavy Norms & Standards Gujarat shows us the way... ItemWeightageStudent Learning Outcomes (absolute) Student Learning Outcomes (relative to previous survey) Inputs30%Student co-scholastic Learning Outcomes Total15%40% 15%100% 26. 25% Reservation Unaided schools have to reserve 25% of total seats in class 1 for admission of Weaker sections and disadvantaged groups. Admissions will happen only in class 1 or Nursery/KG/LKG/UKG wherever admissions take place. Schools will be reimbursed the fees subject to a maximum of per-child expenditure. 27. 25% Reservation... Admission Definition of Weaker Sections & Disadvantaged Groups Procedure of admission no screening procedure, draw of lots etc. Document proof Entitlements 28. 25% Reservation... Reimbursement Payment Schedule Payment Condition Frequency of calculation of per-child cost No discrimination 29. How to best implement 25% reservation? Centre for Civil SocietysModel for Implementation for 25% reservation in private schools 30. NCPCR National Commission for Protection of Child Rights Nodal body to ensure implementation of RTE Act. States have constituted SCPCRs. Vibha Partners may: Participate in state and national level meetings of NCPCRs with NGOs. Liaise with SCPCR to improve the functioning of RTE and participate in state level meetings. Become a consultant with SCPCRs. 31. State Advisory Council To advise the State govt. on effective implantation of the provisions of the RTE Act. At most 15 members. Vibha Partners may join SAC as: one member who has specialised knowledge of children with special needs. one member having specialised knowledge of pre-school education. 32. www.ccs.in www.schoolchoice.inAbhishek Bhattacharya abhishek@ccs.in 011 2653 - 7456 +91 98106 59590