right to education act & homeschooling - a perspective by navin pangti

Right to Free And Compulsory Education Act 2009 & Homeschooling | A Presentation by Navin Pangti

Right to Free And Compulsory Education Act 2009 & Homeschooling

A presentation by Navin Pangti


What is RTE?


Right to Free And Compulsory Education Act 2009

It is a RIGHT

It is FREE

It is COMPULSORY

It is about EDUCATION



It is a RIGHT

It is FREE

It is COMPULSORY


A legally guaranteed power to a citizen. One

of the seven Fundamental Rights



It is a RIGHT

It is FREE

It is COMPULSORY


No child shall be liable to pay any kind of fee or charges

or expenses which may prevent him or her from pursuing

and completing elementary education. (Section 3.2)

No direct (school fees) or indirect cost (uniforms, textbooks, mid-day meals,

transportation) to obtain elementary education of specified standard, subscribing to

norms of school infrastructure, hours of instructional time and days of school functioning,

pupil teacher ratios and teacher quality.



It is a RIGHT

It is FREE

It is COMPULSORY


What?



It is a RIGHT

It is FREE

It is COMPULSORY


Chapter III, point 8

Explanation: The term "compulsory

education" means obligation of the

appropriate government to

(i) provide free elementary education

to every child of the age of six to

fourteen years; and

(ii) ensure compulsory admission,

attendance and completion of

elementary education by every child

of the age of six to fourteen years;

A guarantee of access!



It is a RIGHT

It is FREE

It is COMPULSORY


Chapter III, point 8

Explanation: The term "compulsory

education" means obligation of the

appropriate government to

(i) provide free elementary education

to every child of the age of six to

fourteen years; and

(ii) ensure compulsory admission,

attendance and completion of

elementary education by every child

of the age of six to fourteen years;

It is entirely the obligation of the State to provide free elementary education to every

child in the 6-14 years age group and ensure not just admission, but attendance and

completion of the elementary cycle of schooling as well.

Source : National Commission for Protection of Child Rights


NCPCR on ‘compulsory’ school

Is there any compulsion on the parents as well to send their children to school?

The law makes it clear that the compulsion is on the state and not on the parents to ensure

completion of the elementary cycle of schooling. It says that it is the duty of every parent to

admit their children in a neighbourhood school, but the responsibility of the government to ensure

quality education and the retention and completion of elementary education by child in school.

There are no penalties on parents for not sending their children to school.

Source: FAQs of National Commission for Protection of Child Rights



It is a RIGHT

It is FREE

It is COMPULSORY

It is about EDUCATION Formal Schooling

Education = school?


Understanding RTE further…

• An obligation of the state to ensure universal access to education to all

children between 6 to 14

• Universal access to education means easily and free access to

neighborhood schools of specified standards


Specified standards means…

• Pupil Teacher Ratio of 30:1

• Minimum instructional hours of 4/day (4.5 for Upper primary)

• Minimum working days of 200/annum (220 for Upper primary)

• Teacher vacancies not to exceed 10% of the sanctioned strength

• All schools to have teaching & learning materials, library and play & sports

equipment

• School buildings to be fit for all weather conditions, have barrier-free

access, have boundary wall, one classroom for every teacher, separate room

for head teacher, separate toilets, safe drinking water, kitchen for mid-day

meal and playground


Easy and free access means…

• Neighbourhood school should be within 1 km range for children in class 1

to 5. This range is 3 kms for children in class 6 to 8

• No capitation can be charged by any school, government or private

• Prohibition on use of any screening procedures for admissions

• No child can be refused admission in school, anytime of the year. Even

without a transfer certificate. And even if the child has never attended

school before

• Child has to be enrolled in a class ‘appropriate to his/her age’

• It the responsibility of the government/school to provide the child with

'special training' to enable him/her to come up to his/her age appropriate

class, if the child is not able to cope up with studies due to delayed

enrolment


And there is more…

• All private schools have to admit at least 25% children from disadvantaged

and weaker sections of society, without charging any fees

• A child cannot be failed or expelled from any class till he/she completes 8

years of schooling

• Teachers are prohibited by the Act to give private tuitions or private

teaching activity

• No school other than a wholly government school can function without

recognition after the commencement of the Act


Role of Central Government

• Develop a National Curriculum Framework with the help of an appointed

Academic Authority

• Develop and enforce standards of teacher qualification and training

• Provide technical and financial support and resources to the State

governments for innovation, research, planning and capacity building


Role of State Government

• Provide free and compulsory elementary education to all children

• Ensure availability of a neighbourhood school of requisite standard

• Ensure quality education conforming to standards specified in the Schedule

of the Act

• Ensure admission, attendance and completion of elementary education for

all

• Prevent discrimination against any child on any grounds


Maintenance of records of children by local

authority for the purposes of clause (d) of section 9

Class in which the child is studying (for children

between age 6-14), and if education is discontinued

in the territorial jurisdiction of the Local Authority,

the cause of such discontinuance;

Role of Local Authority

• Maintain records of all children up to the age of 14 years

• Ensure admission of all children, including migrant children

• Ensure that no child is discriminated against

• Decide the academic calendar

• Monitor functioning of schools in its jurisdiction


The Genesis of RTE

Children's Bill of Rights Rights and responsibilities are enshrined in the United Nations Convention

on the Rights of the Child, 1989. It contains all the rights which children

have all over the world. Government of India signed this document in 1992.

First legally binding international instrument

The universal declaration of Human Rights This led to the United Nations Convention on the Rights of the Child, 1989

because a need was felt to discuss the rights of children independently


Children’s Bill of Rights and family

• Family is the fundamental group of society

• Family is the natural environment for the growth and well-being of its

members, particularly children

• Parents or, as the case may be, legal guardians, have the primary

responsibility for the upbringing and development of the child. The best

interests of the child will be their basic concern

• Every child has the Right to a good education, and everyone has the

Responsibility to encourage all children to go to school


Children’s Bill of Rights and state obligations

• States are obliged to support and respect parents' primary responsibility for

providing care and guidance for their children

• States are also obliged to prevent children from being separated from their

families unless the separation is necessary for the child's best interests

• States shall respect the rights and duties of the parents to provide direction

to the child in the exercise of his or her right in a manner consistent with

the evolving capacities of the child

• If the laws of a particular country protects children better than the articles

of the Convention, then those laws should override the Convention


Universal Declaration of Human Rights – Article 26

• Everyone has the right to education. Education shall be free, at least in the

elementary and fundamental stages. Elementary education shall be

compulsory. Technical and professional education shall be made generally

available and higher education shall be equally accessible to all on the basis

of merit.

• Education shall be directed to the full development of the human

personality and to the strengthening of respect for human rights and

fundamental freedoms. It shall promote understanding, tolerance and

friendship among all nations, racial or religious groups, and shall further

the activities of the United Nations for the maintenance of peace.

• Parents have a prior right to choose the kind of education that

shall be given to their children.


Easier said than done RTE

Lack of availability of quality human resources

60 per cent of all primary school in the country fail to meet the teacher pupil ratio

Lack of government funds plus discrepancy is investments per child

Lakhs of children out of school (estimated to be between 30 to 80 lakh). Government's estimate say

1.2 crore (12 million) child labourers while children's rights activists put it it at 6 crore (60 million)

Progressive movement of children from government schools to private schools

High school dropout rates in case of children belonging to minority communities, dalits etc.

35% of children with disabilities are estimated to be out-of-school.

Provisioning RTE for children with disabilities

Implementation of Continuous and Comprehensive Evaluation (CCE) system

Initiation of processes leading to education in the mother tongue


Severity of challenge RTE @Delhi

2.42 lakh children out of school

Over 6000 posts of teachers lying vacant

84.22% primary and 50.20% upper primary schools do not meet the pupil teacher ratio requirment

Nearly 1% schools are single teacher schools

A survey of 207 schools shows that only 4.83% schools had potable water facility

The survey also shows that only 4.83% schools had potable water facility

The survey also shows that only 21.25 % of schools have trained teachers to work with children with

special needs (Estimated population of over two lakh children)


So what does this mean to us

THE HOMESCHOOLERS!

RTE is about the obligations of the state and not the parent

Not sending a child to school is not unlawful. Now providing access to 'quality' school is!

RTE’s concern is children who are not getting an opportunity to attend school

Government has more critical issues to handle than homeschoolers

There is no penal action for not sending a child to school

Frankly speaking, RTE is completely silent on homeschooling


So what does this mean to us

THE HOMESCHOOLERS!

RTE is completely silent on homeschooling

Is homeschooling legal? Is homeschooling illegal? ?


And everything in between is a matter of interpretation!

Homeschooling is not legal

But it is not illegal either


How can homeschooling become legal?

• Redefining ‘education’ so that it is not solely about ‘formal schooling’

• Because schooling is not a synonym of education. Schooling is just one form of

education, a much used form, though it seems to have lost its purpose

• Establish ‘parental right’ an override to the act

• Because that’s what the international agreements are all about though this is an

issue when it comes to developing countries where ‘schooling’ is seen as a tool of

economic and social liberation

• Offer open schooling as an option for elementary education

• Because ‘open’ is multi-dimensional and serves a wider range of needs. It will also

assist the government in meeting the challenges of the RTE

• The main problem area maybe the CCE system (Continuous and Comprehensive

Evaluation) which the government is anyway struggling with, and may keep doing

so for a long time to come


Risks and benefits of being legal

• We may have ‘sarkari’ guidelines on homeschooling

• We may have a nodal agency to maintain records of homeschoolers

• We could get ID cards for our children

• Our children could participate in all events, at all levels

• Boards like CBSE, ICSE would allow 'private' candidates. Or NIOS

would get same support and gain same respectability as the CBSE

• Embassies would not ask us to produce an NOC from school for

taking kids for holidays

• This conference could be funded by MHRD!


Bon Voyage!

…for a journey we would anyways undertake,

legal or illegal!

Thank you!