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Posted by on Jan 16, 2014 in Right to Education |

Right to Education (Part II)

School Management Committee (Section 21 & 22)

  • Every school other than unaided school has to form a School Management Committee (SMC).
  • 75% of members of SMC shall be amongst the Parents or guardians of children. Rest of 25% = 1/3 (Local authority elected) + 1/3 (teachers) + 1/3 (Local educationist or children).
  • Select chairperson and vice chairperson amongst the parents/guardians. Head/senior most teacher shall be ex-officio member convener of SMC.
  • SMC shall be constituted within 6 months of enactment of act and reconstituted after every 2yrs. SMC shall meet once in a month & minutes of meeting shall be available to public.
  • SMC shall monitor maintenance of norms & standards, attendance, teacher’s burden, implementation of midday meals and prepare an annual a/c of receipts & expenditure.
  • SMC shall make a School development plan for every 3 years comprises of 3 annual sub plans. Plan shall consist of estimates enrolment, teacher’s vacancies, any financial & infrastructure requirement etc. Plan shall be signed by chairperson, vice chairperson & convener and submitted to local authority before completion of financial year.

Teachers (Section 23-28)

  • Minimum qualification to appoint a teacher in all schools as per new NCTE guidelines are:-
  • Class I-V: – Senior Secondary with 50% + 2year diploma in elementary/special education or 4 year B.El.ed + pass TET conducted by appropriate govt as per NCTE guidelines.
  • Class VI-VII: – BA/ + 1 year B.ed +TET (Teacher Eligibility Test).

Note: – Condition to pass TET can only be relaxed max for 5 yrs on state/UT govt requisition.

  •  The School Management Committee constituted under section 21 shall be the first level of grievance redressal of teachers of schools specified therein & state govt shall establish school tribunals at the State, District & Block levels.
  • Every school shall maintain Pupil-Teacher ratio (PTR) as per schedule within six months of commencement of act. The vacancy of teacher in a school shall not exceed 10% as per PTR.
  • No teacher shall be deployed for any non-educational purposes except census, elections & disaster relief duties.
  • The bill prohibits private coaching/tuition by teachers especially teacher involves in elementary education.

Curriculum and Completion of Elementary Education (Section 29 & 30)

  • The certificate of elementary education shall be issued at school/block/distt level within one month of completion. It shall contain the Pupil cumulative record, achievements of child in course of study and in other activities like music, sports etc.


Protection of Right of Children (Section 31-34)

  • State commission for protection of child rights (constituted as per child rights act, 2005) have authority to examine & review the safeguards of rights provided by the act after local authority jurisdiction. The states doesn’t constituted this commission shall establish commission or interim authority REPA (right to education protection authority) for inquiring into complaints of child rights related to free elementary education within 6 months of commencement of act.
  • The State commission or REPA shall set up a child help line, accessible by SMS, phone & letter for registration of complaints against violation of child rights and monitoring of complaints should be fully transparent through on line mechanism.
  • The center & state Govt shall constitute a National & State advisory council of 15 members to advise respective govt’s related to implementation of provisions of act. The ministry in-charge will be ex-officio chairman, 50% of members will be women, at least 4 will be from minorities and others are from specialized knowledge in teaching etc.


Miscellaneous (Section 34-37)

  • The Center govt can issue guidelines to state govt, state govt can issue to local authority/SMC & local authority can issue to SMC regarding implementation to provisions of act.
  • Protection from any legal proceeding against authorities include in implementation of act for any action taken for good faith.
  • The act provides power of appropriate govt to make rules for carrying out provisions of act such as area of neighborhood school, manner of special training, maintenance of records etc.
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