The Right to Education Bill, 2008, “an Act to put into ffect the Right to Free and Compulsory Education to all children in the age group of six-14 years”, is a 39-page document that details every child’s right to free and compulsory education of equitable quality; responsibility of the State, parents, schools, teachers; the content and process of education; and the monitoring process for the implementation of the Act. Excerpts:
S.3. Child’s right to free and compulsory education of equitable quality
(1) Every child who has attained the age of six years under s.4 shall have the right to participate in full time elementary education and to complete it, and towards that end shall have the right, subject to the provisions of this Act to:
.gif)
i) be admitted to a neighbourhood school in accordance with the provisions of s. 17, and (ii) be provided free and compulsory education in such school, in the manner provided in this Act; Provided a child with severe disability as defined by the Persons with Disabilities (Equal Opportunities, Protection and Full Participation) Act,1996 shall have the right to be provided education as per the provisions of the said Act.
(2) A non-enrolled child who is in the age group seven-nine years, at the commencement of this Act, shall, in addition to the right specified in subclause (1), have the right to be admitted to an age appropriate grade in a neighbourhood school within one year from the commencement of this Act.
(5) No child shall be held back in any grade until she completes elementary education and shall be assessed as per s.32 (2) (vi).
S. 6. General responsibility of the state
It shall be the responsibility of the State:
(1) To ensure the availability of a neighbourhood school for providing free and compulsory education for every child within a period or three years from commencement of this Act; Provided that in case of non-availability of neighbourhood school, the State shall provide free transportation arrangement to the nearest school or provide free residential school/facilities,
(3) To institute and implement a mechanism for regular monitoring of enrollment, participation and attainment status of every child, and taking corrective steps wherever necessary, so that every child completes elementary education, and to make information in this regard available in the public domain, including on an on-line basis,
(4) To ensure that children in schools receive education (a) of equitable quality, and (b) conforming to values enshrined in the Constitution...
S.15. Responsibility of the parent/guardian
It shall be the responsibility of every parent/guardian to enroll his child or ward, who has attained the entry age as defined in s.4 of this Act, in a school, and to facilitate her completion of elementary education.
S.17. Responsibility of schools to provide free and compulsory education
1) Schools shall provide free and compulsory elementary education to children entitled under s.3 to the extent and in the manner specified below:
(i) State schools, except schools of specified categories, and fully aided schools — to all admitted children.
(ii) Aided schools, other than fully aided schools — to at least such proportion of their admitted children as its annual recurring aid bears to its annual recurring expenses subject to a minimum of 25 percent.
(iii) State schools of specified categories, and unaided schools, to at least 25 percent children admitted to class I after the commencement of this Act, from among children belonging to weaker sections randomly selected by the school, and for the continued education of such children in the school thereafter till completion of elementary education or till they seek transfer from the school, whichever is earlier.
S.25. School management committees
(1) A School Management Committee (SMC) shall be constituted for every State school and aided school, consisting of elected members of the Local Authority and parents, teachers and community members; Provided that at least three-fourths of its members are parents/guardians of children studying in the school...
(2) Physical assets of every State school, including its building, appurtenant land and fixtures, and all equipment and furniture, etc., shall be transferred by the concerned Government/Local Authority to the SMC within three months of its constitution under this Act, subject to such terms, conditions and restrictions, and in such manner, as may be prescribed.
S.28. Teacher qualifications and terms and conditions of service
(1) After the commencement of this Act, only such persons as possess the qualifications prescribed under the NCTE Act shall be appointed as teacher…
(2) Teachers serving at the commencement of this Act who do not possess qualifications prescribed by the NCTE shall be enabled by their employer, to acquire the equivalent of such qualification...