Thursday 25 December 2014

RIGHT TO EDUCATION ACT - DETAILED NOTES



Right To Education Act, 2009



Right of children to Free and Compulsory Education Act


Provides for free and compulsory education to all children of the age of six to fourteen years

The Right of children to Free and Compulsory Education Act has come into force from today, 
April 1, 2010. This is a historic day for the people of India as from this day the right to education will be accorded the same legal status as the right to life as provided by Article 21A of the Indian Constitution. Every child in the age group of 6-14 years will be provided 8 years of elementary education in an age appropriate classroom in the vicinity of his/her neighbourhood.

Any cost that prevents a child from accessing school will be borne by the State which shall have the responsibility of enrolling the child as well as ensuring attendance and completion of 8 years of schooling. No child shall be denied admission for want of documents; no child shall be turned away if the admission cycle in the school is over and no child shall be asked to take an admission test. Children with disabilities will also be educated in the mainstream schools. The Prime Minister Shri Manmohan Singh has emphasized that it is important for the country that if we nurture our children and young people with the right education, India’s future as a strong and prosperous country is secure.

All private schools shall be required to enroll children from weaker sections and disadvantaged communities in their incoming class to the extent of 25% of their enrolment, by simple random selection. No seats in this quota can be left vacant. These children will be treated on par with all the other children in the school and subsidized by the State at the rate of average per learner costs in the government schools (unless the per learner costs in the private school are lower).

All schools will have to prescribe to norms and standards laid out in the Act and no school that does not fulfill these standards within 3 years will be allowed to function. All private schools will have to apply for recognition, failing which they will be penalized to the tune of Rs 1 lakh and if they still continue to function will be liable to pay Rs 10,000 per day as fine. Norms and standards of teacher qualification and training are also being laid down by an Academic Authority. Teachers in all schools will have to subscribe to these norms within 5 years.

Right to Education Act, 2009 Rules

The National Commission for Protection of Child Rights (NCPCR) has been mandated to monitor the implementation of this historic Right. A special Division within NCPCR will undertake this huge and important task in the coming months and years. A special toll free helpline to register complaints will be set up by NCPCR for this purpose. NCPCR welcomes the formal notification of this Act and looks forward to playing an active role in ensuring its successful implementation.

NCPCR also invites all civil society groups, students, teachers, administrators, artists, writers, government personnel, legislators, members of the judiciary and all other stakeholders to join hands and work together to build a movement to ensure that every child of this country is in school and enabled to get at least 8 years of quality education.

Benefits of Right to Education Act, 2009

RTE has been a part of the directive principles of the State Policy under Article 45 of the Constitution, which is part of Chapter 4 of the Constitution. And rights in Chapter 4 are not enforceable. For the first time in the history of India we have made this right enforceable by putting it in Chapter 3 of the Constitution as Article 21. This entitles children to have the right to education enforced as a fundamental right.


Every child between the ages of 6 to 14 years has the right to free and compulsory education. This is stated as per the 86th Constitution Amendment Act added Article 21A. The right to education act seeks to give effect to this amendment
The government schools shall provide free education to all the children and the schools will be managed by school management committees (SMC). Private schools shall admit at least 25% of the children in their schools without any fee.
The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality.
Every child between the ages of 6 to 14 years has the right to free and compulsory education. This is stated as per the 86th Constitution Amendment Act added Article 21A. The right to education act seeks to give effect to this amendment
The government schools shall provide free education to all the children and the schools will be managed by school management committees (SMC). Private schools shall admit at least 25% of the children in their schools without any fee.
The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality.



December 2002

86th Amendment Act (2002) via Article 21A (Part III) seeks to make free and compulsory education a Fundamental Right for all children in the age group 6-14 years.

October 2003

A first draft of the legislation envisaged in the above Article, viz., Free and Compulsory Education for Children Bill, 2003, was prepared and posted on this website in October, 2003, inviting comments and suggestions from the public at large.

2004

Subsequently, taking into account the suggestions received on this draft, a revised draft of the Bill entitled Free and Compulsory Education Bill, 2004, was prepared and posted on the http://education.nic.in website.

June 2005
The CABE (Central Advisory Board of Education) committee drafted the ‘Right to Education’ Bill and submitted to the Ministry of HRD. MHRD sent it to NAC where Mrs. Sonia Gandhi is the Chairperson. NAC sent the Bill to PM for his observation.

14th July 2006

The finance committee and planning commission rejected the Bill citing the lack of funds and a Model bill was sent to states for the making necessary arrangements. (Post-86th amendment, States had already cited lack of funds at State level)

19th July 2006

CACL, SAFE, NAFRE, CABE invited ILP and other organizations for a Planning meeting to discuss the impact of the Parliament action, initiate advocacy actions and set directions on what needs to be done at the district and village levels.



A Roadmap to Ensure Right To Education


School Admissions According to RTE Norms


No Screening for Admission to Navodaya Schools


Why is the act significant and what does it mean for India?

The passing of the Right of Children to Free and Compulsory Education (RTE) Act 2009 marks a historic moment for the children of India.

This Act serves as a building block to ensure that every child has his or her right (as an entitlement) to get a quality elementary education, and that the State, with the help of families and communities, fulfils this obligation.

Few countries in the world have such a national provision to ensure both free and child-centred, child-friendly education.

What is ‘Free and Compulsory Elementary Education’?

All children between the ages of 6 and 14 shall have the right to free and compulsory elementary education at a neighborhood school.

There is no direct (school fees) or indirect cost (uniforms, textbooks, mid-day meals, transportation) to be borne by the child or the parents to obtain elementary education. The government will provide schooling free-of-cost until a child’s elementary education is completed.

What is the role envisaged for the community and parents to ensure RTE?

The landmark passing of the Right of Children to Free and Compulsory Education (RTE) Act 2009 marks a historic moment for the children of India. For the first time in India’s history, children will be guaranteed their right to quality elementary education by the state with the help of families and communities.

Few countries in the world have such a national provision to ensure child-centered, child-friendly education to help all children develop to their fullest potential. There were an estimated eight million six to 14 year-olds in India out-of-school in 2009. The world cannot reach its goal to have every child complete primary school by 2015 without India.

Schools shall constitute School Management Committees (SMCs) comprising local authority officials, parents, guardians and teachers. The SMCs shall form School Development Plans and monitor the utilization of government grants and the whole school environment.

RTE also mandates the inclusion of 50 per cent women and parents of children from disadvantaged groups in SMCs. Such community participation will be crucial to ensuring a child friendly “whole school” environment through separate toilet facilities for girls and boys and adequate attention to health, water, sanitation and hygiene issues.

How does RTE promote Child-Friendly Schools?

All schools must comply with infrastructure and teacher norms for an effective learning environment. Two trained teachers will be provided for every sixty students at the primary level.

Teachers are required to attend school regularly and punctually, complete curriculum instruction, assess learning abilities and hold regular parent-teacher meetings. The number of teachers shall be based on the number of students rather than by grade.

The state shall ensure adequate support to teachers leading to improved learning outcomes of children. The community and civil society will have an important role to play in collaboration with the SMCs to ensure school quality with equity. The state will provide the policy framework and create an enabling environment to ensure RTE becomes a reality for every child.

How will RTE be financed and implemented in India?

This Act serves as a building block to ensure that every child has his or her right (as an entitlement) to get a quality elementary education, and that the State, with the help of families and communities, fulfils this obligation.

Few countries in the world have such a national provision to ensure both free and child-centred, child-friendly education.

Central and state governments shall share financial responsibility for RTE. The central government shall prepare estimates of expenditures. State governments will be provided a percentage of these costs.

The central government may request the Finance Commission to consider providing additional resources to a state in order to carry out the provisions of RTE.

The state government shall be responsible for providing the remaining funds needed to implement. There will be a funding gap which needs to be supported by partners from civil society, development agencies, corporate organisations and citizens of the country.

What are the key issues for achieving RTE?

The RTE Act will be in force from 1 April. Draft Model Rules have been shared with states, which are required to formulate their state rules and have them notified as early as possible.

RTE provides a ripe platform to reach the unreached, with specific provisions for disadvantaged groups, such as child labourers, migrant children, children with special needs, or those who have a “disadvantage owing to social, cultural economical, geographical, linguistic, gender or such other factor.” RTE focuses on the quality of teaching and learning, which requires accelerated efforts and substantial reforms:
Creative and sustained initiatives are crucial to train more than one million new and untrained teachers within the next five years and to reinforce the skills of in-service teachers to ensure child-friendly education.
Families and communities also have a large role to play to ensure child-friendly education for each and every one of the estimated 190 million girls and boys in India who should be in elementary school today.
Disparities must be eliminated to assure quality with equity. Investing in preschool is a key strategy in meeting goals.
Bringing eight million out-of-school children into classes at the age appropriate level with the support to stay in school and succeed poses a major challenge necessitating flexible, innovative approaches.

What is the mechanism available if RTE is violated?

The National Commission for the Protection of Child Rights shall review the safeguards for rights provided under this Act, investigate complaints and have the powers of a civil court in trying cases.

States should constitute a State Commission for the Protection of Child Rights (SCPCR) or the Right to Education Protection Authority (REPA) within six months of 1 April. Any person wishing to file a grievance must submit a written complaint to the local authority.

Appeals will be decided by the SCPCR/REPA. Prosecution f offences requires the sanction of an officer authorised by the appropriate government.

Substantial efforts are essential to eliminate disparities and ensure quality with equity. UNICEF will play an instrumental role in bringing together relevant stakeholders from government, civil society, teachers’ organizations, media and the celebrity world.

UNICEF will mobilize partners to raise public awareness and provide a call to action. Policy and programme design/implementation will focus on improving the access and quality education based on what works to improve results for children. UNICEF will also work with partners to strengthen national and state level monitoring bodies on RTE.

Six years after an amendment was made in the Indian Constitution, the union cabinet cleared the Right to Education Bill. It is now soon to be tabled in Parliament for approval before it makes a fundamental right of every child to get free and compulsory education.

More than six decades after Independence, the Indian government has cleared the Right to Education Bill that makes free and compulsory education a fundamental right for all children between the ages of 6 and 14.

The Union Cabinet has cleared the long-pending Right to Education Bill, which promises free and compulsory education to every child. The move should provide a much needed boost to the country’s education sector.

Key provisions of the Bill include: 25% reservation in private schools for disadvantaged children from the neighbourhood, at the entry level. The government will reimburse expenditure incurred by schools; no donation or capitation fee on admission; and no interviewing the child or parents as part of the screening process.

The Bill also prohibits physical punishment, expulsion or detention of a child and deployment of teachers for non-educational purposes other than census or election duty and disaster relief. Running a school without recognition will attract penal action.

Observing that it was an important promise to children, as education would become a fundamental right, India’s Finance Minister P Chidambaram said that it would be the legally enforceable duty of the Centre and the states to provide free and compulsory education.

He added that the human resources ministry would release the text of the Bill after consulting the Election Commission, in view of assembly polls in some states.

The Group of Ministers (GoM) entrusted with the task of scrutinising the Bill cleared the draft legislation early this month without diluting its content, which includes the contentious provision of 25% reservation in private schools at the entry level, for disadvantaged children in the neighbourhood. Some see this as a way of getting the private sector to discharge the State’s constitutional obligation.

The Right to Education Bill is the enabling legislation to notify the 86th constitutional amendment that gives every child between the age of six and 14 the right to free and compulsory education. But it has been 61 years in the making.

In 1937, when Mahatma Gandhi voiced the need for universal education he met with the same stonewalling about cost that dogs the issue today. The Constitution left it as a vague plea to the State to “endeavour to provide free and compulsory education to all children up to age 14”, but access to elementary school still remains elusive today.

It was only in 2002 that education was made a fundamental right in the 86th amendment to the Constitution.

In 2004, the government in power, the NDA, drafted a Bill but lost the elections before it could be introduced. The present UPA’s model Bill was then lobbed back and forth between the Centre and the states over the matter of funding and responsibility.

Critics of the Bill question the age provision. They say children below six years and above 14 should be included. Also, the government has not addressed the issue of shortage of teachers, low skill levels of many teachers, and lack of educational infrastructure in existing schools let alone the new ones that will have to be built and equipped.

The Bill had earlier faced resistance from the law and finance ministries on issues involving the states’ financial contributions. The law ministry expected problems to arise from the 25% reservation, while human resource development ministry estimates put the total cost at Rs 55,000 crore every year.

The Planning Commission expressed its inability to fork out the money; the state governments said they were unwilling to supply even part of the funding. The Centre was thus forced to think of footing the entire bill itself.

The draft Bill aims to provide elementary schools in every neighbourhood within three years – though the word “school” encompasses a whole spectrum of structures.

A set of minimum norms have been worked out as there’s the usual barrier of paperwork in remote rural and poor urban areas. The State is also obliged to tide over any financial compulsions that may keep a child out of school.

“Laws and Bills don’t make children go to school. Initially, there will be problems because while everyone must understand their social responsibility, what matters is whether the right children will have access to this programme. They say the fee component will be given by the government, but it’s not fair to put that cost on others,” says Lata Vaidyanthan, Principal, Modern School, Barakhamba Road, New Delhi.

Still, educationists who’ve rooted for the Bill argue that sharing social responsibility should be seen as a privilege, not a burden












MATHEMATICANS NOTES - ARYABHAT,RAMANUJAM AND ECULIDS




GUILDFORD MODEL OF INTELLECT


FOUR PILLARS OF EDUCATION IN THE TWENTY FIRST CENTURY



FOUR PILLARS OF EDUCATION: EDUCATION FOR THE TWENTY FIRST CENTURY

Present Tensions: The International Commission on Education (IEC) for the twenty-first century (1993-96) appointed by UNESCO that considered various aspects of education needed for the 21st century, listed the following tensions that should be taken note of.

1. Global vs. Local tension.

2. Universal vs. Individual

3. Tradition vs. Modernity

4. Long-term consideration vs. Short-term consideration

5. Need for competition vs. The concern for equality

6. Spiritual vs. Material

Four Pillars of Education: The Commission proposed the following four pillars of education to meet the changes.

Learning to Know: This means 'learning to learn' so as to benefit from the opportunities education provides throughout life. It also implies to acquire education by combining a sufficiently broad general knowledge with the opportunity to work in depth on a small number of subjects.

Learning to Do.This means to acquire not only an occupational skill but also competence to deal with many situations and work in teams. It also implies learning to do in the context of young people's various social and work experiences. These social and work experiences may be formal or informal.

Learning to Live Together:This means (i) Developing an understanding of other people, (ii) Carrying on joint projects, (iii) Managing conflicts, (iv) Developing a spirit of respect for the values of others' culture.

Learning to be: This means developing one's personality and to be able to act with full sense of responsibility. In the connection education to pay due regard to all aspects of individual's potential: aesthetic sense, communication skills, memory, reasoning and physical capacities.

.SCOPE OF EDUCATION



SCOPE OF EDUCATION

Scope of education is as vast as life itself. There is no aspect or dimension of life which is not covered under education. In fact all education is life and all life is education. Education is a life-long process. Education is formal, non-formal and informal. Likewise agencies of education are formal, non-formal and informal.

Every year, every month, every day, every moment, step by step we
learn from every source.

Education is concerned with the aesthetic, cultural, ethical, intellectual, physical, religious, social, spiritual and vocational development of the individual.

Education has moved away from preparing pupils to fit into a particular society but it seeks to make them feel they belong to the larger world family.

NATURE OF EDUCATION



NATURE OF EDUCATION

Following are the chief characteristics of the nature of education:

1. Education is Purposive i.e. there is a definite purpose underlying all educational activities.

2. Education is Deliberate i.e. education involves care and guidance.

3. Education is Planned i.e. education is not haphazard. It is systematic.

4. Education is Life-long i.e. education starts from the time of conception and goes on till death—education from cradle to grave as is sometimes said.

5. Education is Influence Exertedi.e. the mature person (parents, elders and teachers) influence the learners.

6. Education is Balanced Development i.e. education is concerned with the development of all faculties of the child.

7. Education is Bi-polar i.e. both the teacher and the pupil influence each other. Of course, the influence of the teacher is very prominent.

8. Education is Tri-polar i.e. education involves the teacher, the taught and the environment or the subject-matter.

9. Education is Psychological as well as Social i.e. the endowments or the capacities of the child—his needs, interests etc. must be interpreted in a social setting.

10. Education is Growth i.e. education modifies the behaviour of the child.

BASIC EDUCATION SCHEME OF MAHATMA GANDHI

BASIC EDUCATION SCHEME OF MAHATMA GANDHI

Mahatma Gandhi was very much aware of the needs of the country – illiteracy and poverty was plaguing India and steps needed to be taken to ensure that the situation was not the same in independent India.  According to him, a proper of system of basic education is the way out to the vices that was gripping India and that would eventually come in the way of its development. The series of article written in the Harijan on education formed a basis of education that he had complete faith in. He realised that to have a proper system of education, the nation had to have a strong monetary and fiscal condition. In other words, education was dependent on money. To find a constructive way out of this, he suggested that education to be self-sufficient. Thus, education would be a two-fold policy. It would not only provide literacy but also a self sufficiency that would be helpful to the education system and also to the literate individual.
In 1937, at the national conference at Wardha, under Gandhi’s leadership and in consideration of his ideas, the following ideas were passed:

•             Free and compulsory education must be provided for seven years on a nation-wide                        scale.
•             The medium of instruction should be in the mother-tongue
•             Some sort of technical training should be provided so that the students would be able                    to become self-sufficient in their future. The same craft practiced in the school would                  also help in the sustaining of the school.
•             Through a gradual but steady policy, this system would also be able to cover the                            remuneration of the teachers.

This scheme of education also came to be known as the “Nai Talim” or the basic education. “Nai” pointed out that it is the new way of education and “talim” stands for apprenticeship. The students would be an apprentice and would master a craft that would help the student to establish his own livelihood. Basic would also stand for fundamentals. Thus this scheme of education was based on the national culture and civilization of India.

Mahatma Gandhi believed that education should be able to bring out the best of the child and the man in the Body, the Mind and the Spirit. Literacy is not the end of education but rather it is the way to which a sustainable way of education is taken up – the road just begun and it continues as a person gets to know more about oneself.

Education should help the citizens of India to be self-sufficient. It should enable a boy or a girl to develop a certain amount of self-reliance which would help in the earning of a livelihood. This was the reason why Gandhiji placed so much stress on the industrial training of the child so that he becomes acquainted with the real life. He wanted the education to become the means of producing ideal citizens. Seeing the epidemic of poverty that was plaguing India, he suggested that education should be based on industrial training and the development of manual skill and handicrafts.

Gandhiji believed that education centres round the child. He impressed upon people that the cultural aspect of education is more important than the literary aspect, because it is through the cultural aspect that the child learns to develop his character and ideals. He was a supporter of the ancient Indian ideals of education. Gandhiji addressed the importance of thought, word and deed, non-violence and truth.

It is clear from the foregoing account that Gandhiji’s viewed education from a comprehensive or broadminded standpoint. Any education that develops only one aspect of the child can be dubbed as narrow and one-sided. Thus, Gandhiji states that education must make the individual to live and earn his daily bread, to be the means of his sustenance. In a way Gandhiji synthesized the individual and social aims of education. Like Vivekananda, Gandhiji maintained that character formation and manual skill were equally important. Gandhiji’s plan of education laid stress on all types of education – physical, mental, moral, aesthetic and religious.
The scheme of the basic education clarifies the means of education. According to Gandhiji, the most important means of education in basic scheme was craft. About this means of education, Gandhiji said “The principle idea is to impart the whole education of the body and the mind and the soul through the handicraft that I taught to the children. You have to draw out all that is in the child through teaching all the processes of handicraft and all your lessons in history geography, arithmetic will be related to the craft.” Thus, some handicraft was necessary to be the centre of child’s education. Besides other craft recommended were: weaving, carpentry agriculture gardening and other handicrafts and other rural crafts.

 It was pointed out that the following criteria should be followed in deciding about the basic craft:
•             Craft fulfilling individual and social means.
•             Craft based upon local requirement.
•             Craft in tune with local conditions
•             Craft favourable to the interest, aptitude and the ability of the child
•             Less expensive and simple craft
•             Craft leading to all round development of personality.

But Gandhi’s “revolutionary educational policy” has been criticized as being medieval and impractical. One of the first criticisms that faced this “Nai talim” was that there was a dearth of teachers – teachers who were artisans and artisans who were also teachers. And to create a new pedigree of teachers for India would be extraordinarily difficult. Professor K.T. Shah who was a part of the Wardha conference and the only member to oppose it made it quite clear that this scheme would require huge amount business acumen of management of goods and their sale. An embargo against foreign goods would be in keeping with the nationalistic feelings but it this policy would also harm the existing professional artisans and give them competition. In an article in Harijan an anonymous reader pointed out that this would legalize child labour and schools and colleges should be places where the young minds should be taught about the values rather than the prices. Rabindranath Tagore pointed out that this teaching does not promote the child’s aesthetic and creative powers and “assume that material utility, rather than development of personality, is the end of education.”

The kind of social transformation that Gandhi was calling for was primarily an inner moral transformation, one which placed as paramount the need for a conscious simplicity and self-imposed limitation. This limitation Gandhi’s scheme on the intellectual, scientific, economic and even social spheres were therefore clearly unacceptable to the modernist mindset. The question that was asked: “who would seriously want to give up the manifold benefits of modern life and take up a hard life of manual work?” In contrast to Gandhi’s radical policy of change, his detractors of the educational policy would see it to be medieval and conservative. But the dominant nationalistic feelings and to some extent the politics of the dominant elite political class would combat the Gandhian opponents and create a middle path for the basic education. But by the very act of negating the voice of the Other, by trying to efface it, they contributed to its recognition.


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