The Right of Children to Free and Compulsory Education Bill

As passed by the Rajya Sabha on 20th July 2009

86th Constitutional Amendment, 2002

Art 21-A inserted in Fundamental Rights

The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine.

Stipulates that:

‘it shall come into force from such date as the Central Government may by notification in the Official Gazette, appoint’.

Notification will be issued after enactment of consequential legislation under Art 21-A.

Follow up legislations 2003: The Free and Compulsory Education For Children

Bill, 2003

2004: The Free and Compulsory Education For Children

Bill, 2004

2005: The Right to Education Bill, 2005 (CABE Bill)

2005: The Right to Education Bill, 2005 (August)

2006: The Model Right to Education Bill, 2006

2008/9: The Right of Children to Free and Compulsory

Education Bill, 2008, introduced/ passed in Rajya Sabha

The Bill: Child rights Right of Children to free and compulsory admission, attendance and completion

of EE.

Defines ‘free’ as removal of any financial barrier by the state that prevents a child from completing eight years of schooling

And defines ‘compulsion’ as compulsion on the state, rather than targeting parents.

Not enrolled/dropout children be admitted to age appropriate class Special training to enable such children to be at par with others Child so admitted entitled to completion of EE even after age 14

Softens barriers like birth certificate, transfer certificate, etc

No child shall be psychologically abused by calling him/her ‘failed’ in any class upto class 8, or expelling him/her from school

Bars corporal punishment, mental harassment

Teachers

Qualification for appointment of teachers to be laid down by academic authority authorised by Central Government

To address the problem of untrained teachers

Lays down academic responsibilities of teachers

Prohibits private tuition by teachers

Prohibits deployment of teachers for non-education purpose, except decennial census, disaster relief and elections

Schools

Norms and standards specified Infrastructure PTR School days; working days for teachers Facilities

Community participation ensured through SMC comprising elected reps, teachers and parents

¾ members from among parents of children in the school; 50% women

Proportionate representation to weaker and deprived sections

SMC to plan, manage and monitor – in collaboration with the local authority

Schools

No capitation fees Penalty: fine upto 10 times the capitation

No screening for admission Penalty: fine of Rs 25,000 for 1st contravention and Rs 50000 for each

subsequent contravention

No school without recognition Penalty: Rs one lakh; in case of continuing contravention, penalty of Rs

10,000 for day

All unaided schools to provide free education to at least 25% children from the neighbourhood – as a measure of ensuring common schooling

Costs reimbursed @ per child expenditure incurred by the State or actual fee charged, whichever is less

Appropriate Government, Local Authority

Ensure free and compulsory education

Provide schools in neighbourhood within 3 years

Children belonging to weaker sections and disadvantaged groups not to be discriminated against

Infrastructure, school building, teaching staff, learning equipment

Special training for previously not enrolled or drop out children to enable them to be en par with others

Monitoring of admission, attendance, completion of EE

Good quality EE conforming to specified norms and standards

Timely prescription of curriculum, courses of study, teachers’ training

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

No Board examinations till completion of EE

Protection of Right

Bill assigns NCPCR/SCPCR additional functions

Examine and review safeguards for rights under this Act, recommend measures for effective implementation

Inquire into complaints relating to child’s right to free and compulsory education

NCPCR/SCPCR have powers assigned under Section 14 and 24 of the Commissions for Protection of Child Rights Act

Where SCPCR not constituted, appropriate Government may constitute an Authority

Commonly raised issues

Exclusion of 0-6 age group; also suggestions for extending Bill to age 18

Bill derived from the 86th Constitutional Amendment. Hence restricted to 6-14 age group.

No explicit reference to child labour

Clause 8 casts a compulsion on the State to provide free and compulsory education to every child.

Explanation to Clause 8(a): ‘compulsory education’ means obligation of the appropriate Government to provide free compulsory education and ensure compulsory admission, attendance and completion of EE by every child.

Far better way of curbing child labour – by legally declaring that every child has to be in school.

Commonly raised issues

On the inclusion of private schools

Forefront of all controversies.

One view: Article 21-A states that ‘the State shall provide free and compulsory education’ means that schools which receive no financial aid from the Government should be kept outside the purview of the Bill.

Another view: ‘State’ does not merely mean governmental system, but includes government and private systems. Private fee-charging schools are an impediment to the concept of ‘common school system’, and should be brought within the ambit of the legislation.

The Bill avoids both these extreme positions: provides for 25% admission to children belonging to weaker sections & disadvantaged groups in the neighbourhood

Commonly raised issues

Adequacy of norms and standards

This is a beginning. Clause 20 of the Bill also provides for the Central Government to amend the schedule by adding to or omitting from the schedule. As we progress the norms and standards can be enhanced.

Inclusion of parents in the compulsion laws.

Why is there no provision for punishment for parents?

Most children who do not attend school are from weaker sections and disadvantaged groups. Penalising their parents would be tantamount to penalizing poverty.

Many children are first generation learners, deprived of a learning environment at home, and drop out because of difficulty in coping with the curriculum. Inflicting penalties on parents because their children have have been pushed out of the education system would be discriminatory.

Commonly raised issues

Why no detention, no examinations? Wouldn’t 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’ does not imply abandoning procedures that test the learning abilities of the child;

‘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.

Commonly raised issues

Issue of finances: Mechanism of central and state funding

Bill provides that

(i) Central Government shall prepare the estimates of capital and recurring expenditure,

(ii) Central Government shall provide to the State Governments a percentage of the expenditure as GIA of revenues. This percentage shall be determined from time to time in consultation with the States,

(iii) Central Government may make a request to the President to make a reference to the Finance Commission to examine the need for additional resources to be provided to any State Government for carrying out the provisions of the Act.

Finance Commission allocations, specific to elementary education, would be welcomed by the States, as they would provide for direct central funding without being dependent on central schemes

Next Steps: Central Government

Prepare estimates of capital and recurring expenditure

Determine the percentage of expenditure to be provided to States

Finance Commission to examine the need for additional resources

Notify the 86th Constitutional Amendment in the Gazette

Notify the new Act in the Gazette

Harmonize SSA norms with RTE

Next Steps: States

Initiate action under delegated legislation

Review existing state legislations on compulsory education and legislations on organisation and management of private schools.

Ensure access to all children in ‘neighbourhood’ as prescribed

Notify plan for automatic progression from primary to upper primary; designate schools and feeder school

Children should not have to run from pillar to post for transition to

u/primary in schools that terminate at primary stage.

Ensure all schools conform to norms and standards prescribed in schedule

Review content and curriculum in line with Section 29.

Next Steps: States Undertake redeployment of teachers to ensure prescribed PTR is maintained in all

schools.

Ensure untrained teachers are not appointed in future; existing untrained teachers to receive training

Notify that teachers shall not be deployed for non-academic work, except as provided under RTE.

Notify that teachers shall not give private tuitions.

Ensure no-detention policy

No Board exams till completion of EE.

Institute system of ongoing and continuous evaluation; prescribe manner in which children would be awarded certificates at end of EE

Ensure no-expulsion policy/ Ban corporal punishments

Next Steps - States

Set up SMCs - Enforce management and supervision of schools with community support

Notify all panchayats, municipalities as local authority

Where SCPCRs are not constituted, constitute authority to perform functions in clause 31(1)

Ascertain which schools are under obligation to provide free seats for land/ Prescribe manner in which per-child expenditure will be reimbursed to other schools

Prescribe mechanism for private schools to obtain certificate of recognition

Thank You

Notify year-round admission; Onus not on the child to apply for upper primary –

State to make it happen. Ensure automatic transition from primary to upper

primary; transfer certificate to be issued by Head Teacher

No denial of admission on account of birth records or other papers

Teachers to be trained for older children; arrangements for special training for older children within school and time; eventually to mainstream them to age appropriate class.