Right to education act (rte act) 2009

1. The Right of Children to Free and
Compulsory Education,
Act, 2009
1
PRESENTED BY
Ms. GURKIRAT KAUR
ASSISTANT PROFESSOR
CHITKARA UNIVERSITY
PUNJAB

2. Background
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Art 21-A inserted in Fundamental Rights as per 86
th

Constitutional Amendmnet:
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.
Consequential legislation::
The Right of Children to Free and Compulsory
Education Act, 2009.
Presidential assent received on 26
t h
August,
2009.

3. Right of Children
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To free and compulsory admission, attendance and completion of EE.
Free: no child liable to pay any fee/expense preventing her
from pursuing and completing EE.
Compulsion: on the state; parental duty to send children to
school.
Not enrolled/dropout children be admitted to age appropriate class.
No child shall be failed or expelled upto class 8
Bars corporal punishment mental harassment.

4. Teachers
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Qualification for appointment of teachers to be laid down
by academic authority authorised by Central Government.
Academic responsibilities of teachers laid down
Prohibits deployment of teachers for non-education
purpose, except for:
Decennial census
Disaster relief
Elections to Parliament, State Legislatures, Local Bodies.

5. Schools
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Norms and standards specified for all schools
Infrastructure and related facilities
Pupil Teacher Ratios – for each school
School days; working hours for teachers
Facilities
Community participation in schools 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

6. Schools
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All aided schools to provide free education to at
least 25% children.
Special category schools and unaided schools to
admit in Class I at least 25% children, belonging to
weaker section and disadvantaged group, from the
neighbourhood, and provide free and compulsory
elementary education.
No capitation fees
No screening for admission
No school without recognition.

7. Curriculum
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Curriculum and evaluation procedure laid down
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

8. Duties: Central Government
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Develop a national curriculum framework
Develop and enforce standards of training of teachers
Lay down minimum qualification for appointment of teachers
Prepare estimate of capital and recurring expenditure
Provide to States as GIA of revenues such percentage of expenditure
as determined in consultation with State Governments
Request President to make reference to Finance Commission to
examine need for additional resources to be provided to State
Governments.

9. Duties: Appropriate Government, Local Authority
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Ensure free and compulsory education
Establish 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 at par with others
Monitoring of admission, attendance, completion of EE
Timely prescription of curriculum, courses of study, teachers’
training

10. Protection of Right
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Decentralised grievance redressal mechanism
NCPCR/SCPCR assigned 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
Powers assigned under Section 14 and 24 of the
Commissions for Protection of Child Right Act
Where SCPCR not constituted, appropriate
Government may constitute an Authority

11. Next Steps:
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Initiate action under delegated legislation; review existing state
legislations on compulsory education and legislations on organisation
and management of private schools.
Identify mechanisms for school and habitation mapping in
order to define ‘neighbourhood’ , and ensure universal access
Notify plan for automatic progression from primary to upper
primary; designate schools and feeder school
Identify schools that do not conform to norms and standards
prescribed in schedule.
Review content and curriculum in line with Section 29.

12. Next Steps:
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Undertake redeployment of teachers to ensure PTR in all
schools.
Review Cadre and Recruitment Rules for Teacher appointment
Untrained teachers should not be appointed in future,
Notify that teachers shall not be deployed for non-academic
work,.
Notify that teachers shall not give private tuitions.
Ensure no-detention/no expulsion policy; ban corporal
punishments.
No Board exams till completion of EE,

13. Next Steps
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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

14. Parameters for Costing
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Establishing schools in the neighbourhood
Upgrading all EGS / AIE into regular schools
Opening schools in unserved areas
Providing additional classrooms and
facilities
One classroom per teacher; office/store, Head
Teacher room
Adequate drinking water
Separate toilet facility for girls and boys
Barrier free access.

15. Parameters for Costing
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Provision of adequate teachers
Primary level
Enrolment upto: 2 teachers
60-90 : 3 teachers
90-120 : 4 teachers
120-150 : 5 teachers
150-200 : 5 teachers + Headmaster
> 200 : PTR not to exceed 40 + Headmaster
Upper Primary level
PTR 35:1, 1 teacher per class (Science & math,
Social Studies, Language teacher)
Enrolment > 100 – One Head Teacher; Instructor
for Art, Health and Physical Education and Work
Education.

16. Parameters for Costing
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Mainstreaming out-of-school children
Child entitlements:
textbooks/workbooks/stationary, uniforms
Teacher Learning Equipment; library grant
Teacher development
Pre-service training of existing untrained teachers
Pre-service training of new teachers to be
appointed based on attrition rate
In-service training
Inclusive education:
Management Cost to include NCPCR/SCPCR