1. The Right of Children to Free and
Compulsory Education,
Act, 2009
PRESENTED BY
Ms. GURKIRAT KAUR
ASSISTANT PROFESSOR
CHITKARA UNIVERSITY
PUNJAB
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2. Background
 Art 21-A inserted in Fundamental Rights as per 86th
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 th August,
2009.
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3. Right of Children
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.
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4. Teachers
 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.
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5. Schools
 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
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6. Schools
 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.
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7. Curriculum
 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
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8. Duties: Central Government
 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.
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9. Duties: Appropriate Government, Local Authority
 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
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10. Protection of Right
 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
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11. Next Steps:
 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.
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12. Next Steps:
 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,
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13. Next Steps
 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
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14. Parameters for Costing
 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.
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15. Parameters for Costing
 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.
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16. Parameters for Costing
 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
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