Most of know that the Right of Children to Free and Compulsory Education Act, 2009 (henceforth referred to as RTE) was notified on 1st April 2010. However, we are simply not bothered to know how it can be used to ensure that every child gets the education he/she rightfully deserves. If you are a citizen of Delhi and want to know how you can use RTE to empower children, then read on. This article elucidates the provisions in the RTE Act and Delhi Model Rules to ensure free and compulsory education for all children.
For children already admitted in private schools and not belonging to the economically weaker sections of society –
1. Every private school now has to submit a self-declaration form for recognition within 3 months of the enactment of RTE. If your child attends a school which is private unaided and is either recognised or unrecognised, talk to the school authorities and find out whether they have submitted the form 19. If they fail to do, the school faces closure after three years.
2. The form as well as the reports of the inspection of the Deputy Director of Education is supposed to be placed in a public domain. Simply put, if you want to know the details of any school in your neighbourhood, you should be able to get a copy of the self declaration form as well as the inspection reports from the concerned Deputy Director of Education and then make an informed choice.
1. Every private school now has to submit a self-declaration form for recognition within 3 months of the enactment of RTE. If your child attends a school which is private unaided and is either recognised or unrecognised, talk to the school authorities and find out whether they have submitted the form 19. If they fail to do, the school faces closure after three years.
2. The form as well as the reports of the inspection of the Deputy Director of Education is supposed to be placed in a public domain. Simply put, if you want to know the details of any school in your neighbourhood, you should be able to get a copy of the self declaration form as well as the inspection reports from the concerned Deputy Director of Education and then make an informed choice.
For children belonging to economically weaker sections of society (EWS) –
1. Schools run by the local authority (MCD/NDMC) and state government (Directorate of Education) cannot deny admission to any child and must provide free and compulsory elementary education to all children. Thus, irrespective of family income, the above schools cannot charge any fees for providing education.
2. Aided schools have to provide free and compulsory education to a minimum 25% of the class strength and further dependent on the amount of grant it receives.
3. In private unaided schools, at least 25% of the class strength should belong to the EWS in the neighbourhood at the time of admissions in class 1 and provide free and compulsory elementary education till its completion.
4. Every child admitted under the EWS quota is entitled to free textbooks and uniforms irrespective of the type of school he/she studies in.
5. Children belonging to EWS cannot be discriminated against in the classroom, during mid day meals, in the playgrounds, library and ICT facilities, extra-curricular activities, in the use of common drinking water and toilet facilities.
6. For children admitted to private aided or unaided schools under the EWS quota, they should not be segregated from other children in the school and their classes should not be held at places and timings different from the regular school timings. Thus, if any school says they are running evening classes specially for EWS children, they’re violating the RTE. The school has to teach all children at the same time, in the same classrooms and cannot under any circumstances discriminate against these children.
1. Schools run by the local authority (MCD/NDMC) and state government (Directorate of Education) cannot deny admission to any child and must provide free and compulsory elementary education to all children. Thus, irrespective of family income, the above schools cannot charge any fees for providing education.
2. Aided schools have to provide free and compulsory education to a minimum 25% of the class strength and further dependent on the amount of grant it receives.
3. In private unaided schools, at least 25% of the class strength should belong to the EWS in the neighbourhood at the time of admissions in class 1 and provide free and compulsory elementary education till its completion.
4. Every child admitted under the EWS quota is entitled to free textbooks and uniforms irrespective of the type of school he/she studies in.
5. Children belonging to EWS cannot be discriminated against in the classroom, during mid day meals, in the playgrounds, library and ICT facilities, extra-curricular activities, in the use of common drinking water and toilet facilities.
6. For children admitted to private aided or unaided schools under the EWS quota, they should not be segregated from other children in the school and their classes should not be held at places and timings different from the regular school timings. Thus, if any school says they are running evening classes specially for EWS children, they’re violating the RTE. The school has to teach all children at the same time, in the same classrooms and cannot under any circumstances discriminate against these children.
For children studying in local authority (NDMC/MCD) and state government (Directorate of Education) schools –
1. Right to free and compulsory education, thus no fees or expenses to be charged till the completion of elementary education.
2. A child can transfer to another government/local authority or aided school to complete elementary education and cannot be denied a transfer certificate. The head teacher may face disciplinary action if the transfer certificate is not issued. Also, the school to which admission is sought cannot refuse admission due to non availability of a transfer certificate. Thus, a child can study in any government/local authority/aided school he wishes to.
3. The state government and local authority have to ensure availability of a school within the specified neighbourhood limit of two kilometres for classes 1-5 and five kilometres for classes 6-8.
4. All schools except for private unaided schools now have to constitute a school management committee. Three fourths of the committee must constitute parents or guardians of the children. Half of the committee must comprise of women. The Delhi Model Rules specify a wide range of activities that an SMC must carry out including monitoring attendance and mid day meals, ensuring that the school complies with the Act as well as preparing a school development plan. Hence, parents whose children study in any school except a private unaided school should find out whether the SMC has been constituted and if they really want to improve the standards of the school, then try and become a part of the committee.
1. Right to free and compulsory education, thus no fees or expenses to be charged till the completion of elementary education.
2. A child can transfer to another government/local authority or aided school to complete elementary education and cannot be denied a transfer certificate. The head teacher may face disciplinary action if the transfer certificate is not issued. Also, the school to which admission is sought cannot refuse admission due to non availability of a transfer certificate. Thus, a child can study in any government/local authority/aided school he wishes to.
3. The state government and local authority have to ensure availability of a school within the specified neighbourhood limit of two kilometres for classes 1-5 and five kilometres for classes 6-8.
4. All schools except for private unaided schools now have to constitute a school management committee. Three fourths of the committee must constitute parents or guardians of the children. Half of the committee must comprise of women. The Delhi Model Rules specify a wide range of activities that an SMC must carry out including monitoring attendance and mid day meals, ensuring that the school complies with the Act as well as preparing a school development plan. Hence, parents whose children study in any school except a private unaided school should find out whether the SMC has been constituted and if they really want to improve the standards of the school, then try and become a part of the committee.
Out of school children –
1. If a child above six years of age has not been admitted in a school, then he has to be admitted in a class appropriate to his age. Thus, a ten year old cannot be admitted in class 1.
2. It is the responsibility of the school management committee and the local authority to provide special training to such children to ensure that they are at par with other children of their age.
3. The special training has to be held in the school premises by teachers from the school, and the classes have to be for a minimum duration of three months and up to a maximum of two years.
4. After completion of the training, the child still has to receive special attention from the teachers to ensure successful integration.
5. No child can be denied admission due to a lack of age proof.
1. If a child above six years of age has not been admitted in a school, then he has to be admitted in a class appropriate to his age. Thus, a ten year old cannot be admitted in class 1.
2. It is the responsibility of the school management committee and the local authority to provide special training to such children to ensure that they are at par with other children of their age.
3. The special training has to be held in the school premises by teachers from the school, and the classes have to be for a minimum duration of three months and up to a maximum of two years.
4. After completion of the training, the child still has to receive special attention from the teachers to ensure successful integration.
5. No child can be denied admission due to a lack of age proof.
Rules applicable to every school –
1. Certificate of completion of elementary education now has to be issued within one month of completion of elementary education. Thus, if your pupil has completed class 8th ask for the report card within a month and a school cannot deny/withhold the certificate for any child now.
2. The extended period for admission as specified by Delhi Model Rules is six months. Hence, a school can admit children till six months after the start of the session. So if any school says that they cannot admit a child since the session has already started, they’re violating the RTE and can be held accountable
3. Any instances of the following are against the RTE and action can be taken against the school for such behaviour.
• A school cannot charge a capitation fee for admission
• A school cannot conduct a screening procedure other than a random method for admission to a school
• A child cannot be held back or expelled from school until the completion of elementary education
• A child cannot be subjected to mental or physical harassment.
1. Certificate of completion of elementary education now has to be issued within one month of completion of elementary education. Thus, if your pupil has completed class 8th ask for the report card within a month and a school cannot deny/withhold the certificate for any child now.
2. The extended period for admission as specified by Delhi Model Rules is six months. Hence, a school can admit children till six months after the start of the session. So if any school says that they cannot admit a child since the session has already started, they’re violating the RTE and can be held accountable
3. Any instances of the following are against the RTE and action can be taken against the school for such behaviour.
• A school cannot charge a capitation fee for admission
• A school cannot conduct a screening procedure other than a random method for admission to a school
• A child cannot be held back or expelled from school until the completion of elementary education
• A child cannot be subjected to mental or physical harassment.
Ensuring the Right to Education –
Under chapter VI of the Right to Education Act, Section 31 specifies the National Commission for Protection of Child Rights as the monitoring agency for the right to education. In case of any complaints or violations of child rights, they can be contacted at National Commission for Protection of Child Rights, 5th Floor, Chanderlok Building, 36, Janpath, New Delhi - 110 001(e-Mail: complaints.ncpcr@gmail.com).
For complaints within Delhi, the Delhi Commission for Protection of Child Rights can be contacted at 5th Floor, ISBT Building, Kashmiri Gate, New Delhi (Ph.23862685/92/93)
A written complaint can also be made to the local authority (MCD/NDMC) having jurisdiction which will have to resolve the matter within three months.
Under chapter VI of the Right to Education Act, Section 31 specifies the National Commission for Protection of Child Rights as the monitoring agency for the right to education. In case of any complaints or violations of child rights, they can be contacted at National Commission for Protection of Child Rights, 5th Floor, Chanderlok Building, 36, Janpath, New Delhi - 110 001(e-Mail: complaints.ncpcr@gmail.com).
For complaints within Delhi, the Delhi Commission for Protection of Child Rights can be contacted at 5th Floor, ISBT Building, Kashmiri Gate, New Delhi (Ph.23862685/92/93)
A written complaint can also be made to the local authority (MCD/NDMC) having jurisdiction which will have to resolve the matter within three months.
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