Right to Education Act 2009 B.Ed Notes | Right to Education B.Ed Notes

RIGHT TO EDUCATION ACT, 2009

There is a long story behind Right to Education Act. In the beginning in the Article 45 of the Constitution of India it was Stated :

• "The State shall aimed to provide, in the period of 10 years from the opening of the Constitution, for free and mandatory education for all children until they become the age of 14 years."

Ever since the States made efforts to provide compulsory and free education for children upto the age of 14 years.

Later, a new Article 21-A was added by the 86th Constitutional Amendment in 2002, which is as follows:

• "The State shall provide free and necessary education to any or all youngsters of the age of vi to fourteen years in such a way because the State might, by law, determine."

By the same 86th Constitutional Amendment, a new Fundamental Duty 51(k) was added under the Part 4(A) under Fundamental Duties, which is as follows:

• "Parents or guardians have to provide opportunities for education to their child or ward between the age of 6 and 14 years."

 

Later in 2009, the Right of Children for Free and mandatory Education Act, 2009 was passed.

In short, this is called the Right to Education Act or RTE.

According to this act, all children in the 6-14 years age group have the Fundamental Right to get free education.

The government has enforced this law from 1 April, 2010.

The main factors of this Act are given below :

1. Short Title : The short name of the act is the Right to Children to Free and Compulsory Education Act, 2009.

2. Definitions: Specific terms used in this act have been defined, which have been explained below in context.

3. Right of Children to Free and Mandatory Education: Every child of the age of 6 to 14 years shall have a right to free and mandatory education in a neighbourhood school till completion of elementary education

4. Special Provision for Children who have not Admitted to, or Who have not Completed the Elementary Education : In case a child above 6 years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class suitable to his or her age

 

5. Right of Transfer to Other School: Where in a school, there is no provision for completion of elementary education, or a child wishes to go to any other school due to any reason, then he will have a right to seek transfer to any other school.

6. Duty of Appropriate Governments and Local Authorities to Establish Schools: Within three years of this act coming into force, the State governments and local authorities will have to establish neighbourhood schools where such schools don't exist.

7. Sharing of Financial and Other Responsibilities : The Central government will prepare an estimate of the expenditures involved in enforcing this act, and would make available necessary technological assistance and resources to State governments.

8. Duties of Appropriate Governments : The State governments will ensure admission and attendance of each child in the age group of 6-14 years.

They will also ensure that no discrimination is exercised against children belonging to weak and deprived classes.

They will ensure availability of school buildings, teachers, teaching aids and basic structure, and will make available quality education to children and training to teachers.

 

9. Duties of Local Authorities : The local authorities will maintain records of children as mentioned in the above 8, in addition to the State governments. They will maintain records of children in their area and will ensure the working of schools and also prepare academic calendar.

10. Duties of Parents and Guardians : Each guardian will be responsible to admit his child/ward in the age group of 6-14 years in school.

11. Appropriate Government to provide for Pre-school Education : The State governments and local authorities will make necessary provisions for children above three years of age for pre-school education and child care and education facilities for children from birth to 6 years of age.

12. Extent of School's Responsibility for Free and Compulsory Education : The government schools will provide free education, in addition, the private and special-class schools too will have to reserve 25% of seats for children belonging to economically weaker classes.

13. No Capitation Fee and Screening Procedure for Admission : No school will charge any donation or capitation fee, or adopt any screening procedure for selection of a guardian or child.

 

14. Proof of Age for Admission : No child can be refused admission in the absence of birth certificate.

15. No Denial of Admission : No child will be denied admission even after the date of admissions has passed

16. Prohibition of Holding Back and Expulsion : No child will be held back in the class. nor will he be expelled.

17. Prohibition of Physical Punishment and Mental Harassment to Child: No child will be given any physical or mental punishment.

18. No School to be established without Obtaining Certificate of Recognition : No school will be run without recognition and only those schools will be recognized which fulfil the conditions mentioned in Article 19,

19. Norms and Standards for Schools: The schools which had been established before the act came into force and did not fulfil the specified norms, they will have to fulfil the norms within three years of the act coming into force.

 

20. Power to Amend Schedule : The Central government, by an ordinance, will enjoy the power to add, omit or amend any norm in the schedule.

21. School Management Committees : Except the private schools not getting aid, all other schools will constitute a management committee, which will comprise of people's representatives, guardians and teachers. This committee will monitor the working and such other functions.

22. School Development Plan : The school management committee, as mentioned in 21 above, will work to make plans for any school development, and to make recommendations for it.

23. Qualifications for Appointment and Terms and Conditions of Service of Teachers: The Central government will specify the minimum eligibility conditions for appointment of teachers

24. Duties of Teachers and Redressal of Grievances: The teachers will be duty bound to be present in schools at regular time, complete the curriculum, undertake additional teaching if needed, and organize guardian meetings.

25. Pupil-Teacher Ratio : Within six months of this act coming into force, the State governments and local authorities will have to ensure that the pupil-teacher ratio, excluding the principal, will not exceed 1 : 40

 

26. Filling up Vacancies of Teachers: The State governments and local authorities will ensure that the vacant posts of school teachers will not exceed 10% of the total approved posts

27. Prohibition of Deployment of Teachers for Non-educational Purposes: Teachers will not be deployed in any non-educational work (other than population census and disaster relief).

28. Prohibition of Private Tuition by Teachers : No teacher will engage himself/ herself in private tuition or private instruction

29. Curriculum and Evaluation Procedure : The academic authority, as specified by the appropriate government, will determine these as per the values inherent in the Constitution, and will pay attention to the all-round development of a child, while working for freeing him from any fear, trouble or anxiety. Evaluation will be broad and continuous.

30. Examination and Completion Certificate : No child will have to appear in any board examination before completion of his/her elementary education. Each child completing elementary education will be given a completion certificate.

31. Monitoring of a Child's Right to Education : The Commission for Protection of Child Rights, as constituted under the provisions of the Commission for Protection of Child Rights Act, 2005, will review the rights given under the act and undertake its review.

 

32. Redressal of Grievances : The Commission for Protection of Child Rights, as mentioned in 31 above, will examine any complaints regarding a child's right to free and compulsory education.

33. Constitution of National Advisory Council : The proposed National Advisory Council will be constituted by the Central government. Its functions will include to advise the Central government for effective implementation of provisions mentioned in the act.

34. Constitution of State Advisory Councils : The State governments will constitute State Advisory Councils, whose functions will include to advise the respective State governments regarding effective implementation of the provisions of the fact.

35. Power to Issue Directions: Under Article 35, the Central government will have the power to issue guiding principles and directions to State governments, the State governments will have the power to issue guiding principles and directions to local authorities, and the local authorities will have power to issue guiding principles directions to the school management committees.

 

36. Previous Sanction for Prosecution : Non-abidance with Article 13, 18 and 19 of the act, no prosecution will take place without the prior approval of the appropriate government or authority.

37. Protection of Action taken in Good Faith : No suit or other legal proceeding will lie against the government, commission, local authority, school management committee or any other person associated with the act, for any act done in good faith.

38. Power of Appropriate Governments to make Rules: The State governments will have the power to make rules by notification for implementation of provisions given in the act.

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