Education act 2009 Education act 2009 represents Right of Children to Free and Compulsory Education which indicates that every child has a right to full-time basic education of satisfactory and equitable quality in a formal school which meets certain essential norms and standards.
‘Compulsory education’ projects an responsibility on the appropriate Government and local powers to provide and assure attendance, admission, and completion of elementary education by all children falling under 6-14 age group. With this act, India has moved forward to a rights-based structure that casts a legal responsibility on the Central and State Governments to perform this fundamental child right as sanctified in the Article 21A of the Constitution, in accordance with the outlines of the RTE Act.
The RTE Act requires surveys that will monitor all neighborhoods, identify children lacking education, and set up facilities to provide it. Sam Carlson, The World Bank education expert for India, has observed that” The RTE Act is the primary legislation in the world that establishes the stability of securing enrolment, attendance, and completion on the Government. It is the parents’ and guardians duty to send the children to schools in the US and other nations.”
The Right to Education (RTE) of handicaps persons until 18 years of age is placed down under a separate legislation i.e the Persons with Disabilities Act. A number of other plans regarding the improvement of school infrastructure, teacher-student rate, and faculty are made in the Act.
Education in the Indian constitution is a unified issue and both center and states can enact the issue. The Act lays down special responsibilities for the center, state and local bodies for its implementation. The states have been clamoring that they lack the economic capacity to give education of proper standard in all the schools needed for universal education. Thus it was clear that the central government (which collects most of the revenue) will be expected to subsidize the states.
Right to education article, Features and right to education rules: Education act 2009
- The right of children to free and compulsory education remains till the conclusion of elementary education in a neighborhood school.
- Education act 2009 explains that ‘compulsory education’ means an responsibility of the relevant government to give free elementary education and assure compulsory admission, attendance and completion of basic education to every child in the six to fourteen age group. ‘Free’ means that there will be no fee to be paid for education or charges or expenses which may stop him or her from proceeding and completing elementary education.
- It lays down the criteria and standards relating inter alia to buildings and infrastructure, Pupil-Teacher Ratios (PTRs), school-working days, teacher-working hours.
- Education act 2009 offers provisions for a non-admitted child to be allowed to an age-appropriate class.
- It describes the duties and responsibilities of appropriate Governments, management, local authority and parents in giving free and compulsory education, and distribution of financial and other responsibilities within the Central and State Governments.
- It offers for rational deployment of teachers by assuring that the specified pupil-teacher ratio is sustained for each school, rather than just as an aggregate for the State or District or Block, thus assuring that there is no urban-rural inequality in teacher postings. It also gives for refusal of deployment of teachers for non-educational work, other than elections to the local authority, decennial census, the state legislatures and parliament, and disaster relief.
- It offers for the appointment of properly trained teachers, i.e. teachers with the necessary entry and academic qualifications.
- It prevents: (a) private tuition by teachers (b) screening procedures for admission of children; (c) running of schools without identification and verification (d) physical punishment and mental harassment; and (e) capitation fee
- It gives for improvement of the curriculum in consonance with the values enshrined in the Constitution, and which would assure the all-round improvement of the child, building on the child’s knowledge, potentiality and capability and making the youth free of trauma, fear, and anxiety through a system of child friendly and child centred learning.
- The law defines that a fixed student and teacher ratio is to be affirmed.
- All schools have to adhere to rules and regulations designed in this act, failing which the school will not be allotted to run. Three years interim period has been given to the school to implement all that is required of them.
- Norms and rules for teachers training and qualifications are also clearly specified in the act.
- All schools except own unaided schools are to be managed by School management Committees with 75% of parents and guardians as members.
Right to education act 2009 role and responsibilities of teachers: Education act 2009
- A teacher designated under sub-section (1) of section 23 shall execute the following duties, namely:
(a) Teacher should keep regularity and punctuality in attending school;
(b) assess the learning and education quality of each child and accordingly supplement further instructions, if any, as needed;
(c) They should finish entire curriculum within the specified time;
(d) Complete and conduct the syllabus in accordance with the provisions of sub-section (2) of section 29; What is Education act 2009?
(e) They should operate regular meetings with parents and guardians and advise them about the regularity of ability to learn, attendance, progress made in learning and any other important information about the child; and
(f) They should execute such other duties as may be directed.
- A teacher committing negligence in the performance of liabilities specified in sub-section (1), shall be liable to disciplinary action under the assistance rules applicable to him or her:
PROVIDED that before getting such disciplinary action, a reasonable chance of being heard shall be afforded to such teacher.
- The objections, if any, of the teacher, shall be corrected in such manner as may be prescribed.