main features of rte act 2009

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Main

features of theRTE

Act,2009

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RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2009

INTRODUCTION

The framers of the Constitution in their wisdom chose to include education in theDirective Principles of State Policy and not in the section on fundamental rights and

correspondingly Article 45 stated that: The State shall endeavour to provide,

within a period of ten years from the commencement of the Constitution, for free

and compulsory education for all children until they complete the age of fourteen

years. However education remained a neglected area of state policy with

universalization of elementary education continuing to be a distant goal. Efforts

from educationists, academics and civil society groups that focused on a rights

based approach finally yielded results in 2002, when the 86th Constitutional

Amendment was passed by Parliament and Article 21A, which makes right to

education a fundamental right, was included in the Constitution. In so doing it put

the Right to Education on par with the Right to Life stated in Article 21. Article 21

A states: "the state shall provide free and compulsory education to all children of

the age of 6 to 14 years as the state may, by law determine".

Following from this a Right to Free and Compulsory Education Act (RTE) was

drafted and passed in Parliament on August 27, 2009 (notified on February 16,

2010 to come into effect from April 1, 2010).

MAIN FEATURES OF THE RTE:

1. Makes Elementary Education Free

2. Makes Elementary Education Compulsory for the State to provide

3. Mandates education of children along their peer age group (age-

appropriate); provides for special training to facilitate age

appropriate education

4. Sets quality norms for all schools

5. Sets qualification and working norms for Teachers in all schools

6. Mandates curriculum in all schools to be in consonance with

Constitutional Values

7. Mandates a system of evaluation that is free of the oppression of

annual exams

8. Enhances role of PRIs in implementation as well as grievance redressal.

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9. Mandates participation of civil society in the management of schools;

makes teachers accountable to parents and the community

10.Democratizes education delivery in the country by mandating 25%

reservation for children from weaker sections in private schools.

11.Protects children from labour, marriage, exploitation, discrimination,

abuse, violence and neglect.

12.Separates agency for implementation of Act (Education Department)

from agency charged with monitoring the implementation of the Act

(NCPCR)

1. Free Elementary Education for ALL children in age group 6-14 years

in a neighbourhoodschool.

What does free mean?

According to the Act, no financial constraints can prevent a child from a

enrolling, attending and completing elementary education. In other

words, if a child lives in a remote area, providing free transportation (or a

residential facility or some other facility) will be part of the childs entitlement

to education; if a child is disabled and needs crutches to walk to school then

crutches, or some other facility that enables him to go to school will be part

of his entitlement under the Act.

What is elementary education?

Elementary education is 8 years of education corresponding to classes 1-8.

This in most cases includes children between 6-14 years, but in states that

start at 5 years and go up to class7, RTE would still extend to class 8.

What is a neighbourhood school?

The neighbourhood has been given a wide definition in the Model Rules of the

Act. Ordinarily it is 1 km walking distance from the habitation of a child at the

primary level and 3 km for upper primary level. However, in areas with

sparse populations, or those prone to natural disasters or with difficult terrain

or civil unrest, this limitation may be changed and transportation or

residential facilities provided to children so that their education is not

interrupted or disrupted.

2. Compulsory Elementary Education.The word compulsory has

implications for the governmentalone. In other words while it is the DUTY of

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5. Qualifications for Teachers.

a. Para Teachers banned

b. All teachers must subscribe to minimum qualifications and trainingnorms laid out by Academic Authority within 5 years.

c. Teacher education and Teacher training institutes to be upgraded to

enable fulfillment of quality and qualification norms for teachers.

6. Curriculum in line with Constitution.

a. This means that curriculum, syllabus and books must conform to

Constitutional values. It implies that communal and harmful agendas

cannot be part of the materials used and taught in ANY school of the

country.

b. Syllabus and Books must also take into account age and learning levels

of children

7. Evaluation system to be based on principle of Continuous and

Comprehensive Evaluation (CCE).

a. No failure till completion of elementary cycle

b. Evaluation to be done throughout the year and not be based on an

annual exam.

c. Teachers to maintain PUPIL CUMMULATIVE RECORD (PCR) for every

child.

d. Evaluation to be on comprehensive performance of child, reflecting

all facets, talents of the child and not be based on just a few subject

areas. The PCR to include music, theatre, leadership skills, social skills

etc., as well.

8. Role of Panchayati Raj Institutions:

a. The PRIs have been given a wide range of functions related to the

implementation of the provisions of the RTE, such as identification of

out of school children; neighbourhood-wise school mapping;

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maintenance of child records (child-tracking) public display of

information; education of children from migrant families; participation

in School Management Committees (SMCs)

b. PRIs have also been made responsible for grievance redressal in

matters related to violations of the rights of the child under RTE.

9. Participation of Civil Society

a. School Management Committees consisting largely of parents (75%)

and of PRIs officials and civil society partners have been given a wide

range of functions under the Act, including the preparation of the

School Development Plan

b. Teachers have been made accountable to the SMCs.

10. Reservation in Private Schools

a. All private schools are required to admit in their incoming class 25%

children from weaker sections and socially disadvantaged groups from

their neighbourhood.

b. Limits of definition to be extended if 25% seats are not being filled

within the standard limits of neighbourhood.

c. Private schools to be reimbursed for these children by the governmentat the rate of per learner costs of government schools in the state.

11. Separation of Implementation and Monitoring Agency.

a. Implementation responsibilities lie with the education departments in

conjunction with the PRIs

b. Monitoring role has been given to the National Commission for

Protection of Child Rights (NCPCR) and the corresponding State

Commissions.

c. This separation is very important and a first in the history of such

legislations and allows for independent monitoring of the

implementation of the Act.

d. NCPCR/ SCPCR have quasi-judicial powers and can function as a civil

court. Complaints and grievances can be addressed to them as well.

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main features of rte act 2009

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