Federalism and Fidelity: A review of the provisions under the national Model and State rules under the Right of Children to Free and Compulsory Education Act 2009 | Curriculum

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India has the world’s largest number of child labourers and children out of school. This report provides an analysis of the basic provisions of the Right of Children to Free and Compulsory Education Act 2009 and the Model and State rules applicable to most Indian States. It assesses the extent to which the provisions in place adhere to the core principles of the Act (fidelity) and the intentions behind specific clauses within the Act, while also adapting the provisions to state level specifications and recognizing the fact that education is a concurrent issue in India (federalism). This paper covers issues regarding India’s school management committees (SMCs), educational inclusion, and issues affecting children who are out of school and with special needs. It also analyses the regulation of private schools, grievance redressal including the setting up of State Commissions on Protection of Child Rights (SCPCRs), provisions related to teachers, and curriculum development.
  a   FEDERALISM AND FIDELITY  A review of the provisions under the national Model and State Rules under the Right of Children to Free and Compulsory Education Act 2009  b   Acknowledgements Authors: Randeep Kaur and Anjela TanejaWe would like to acknowledge the support received from the following persons in providing perspectives and insights into the issues: Professor Nalini Juneja, National University of Educational Planning and Education (NUEPA)Annie Namala, Member Right to Education, National Advisory Council (NAC) Ambarish Rai, Convener, National RTE Forum Furthermore, we are grateful to Lucy Dubochet Research Manager, Oxfam India for her editorial support to the process, the review of various versions of the document and detailed inputs into the final reports. We also thank Jyotirmoy Chaudhuri for language editing.June, 2014Supported byOxfam India© Oxfam India June, 2014This publication is copyright but the text may be used free of charge for the purposes of advocacy, campaigning, education, and research, provided that the source is acknowledged in full. The copyright holder requests that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, permission must be secured. E-mail: policy@oxfamindia.org/Published by Oxfam India: 4th and 5th Floor, Shriram Bharatiya Kala Kendra, 1, Copernicus Marg, New Delhi 110001 Tel: +91 (0) 11 4653 8000 www.oxfamindia.orgOxfam IndiaOxfam India, a fully independent Indian organization, is a member of an international confederation of 17 organisations. The Oxfams are rights-based organizations, which fight poverty and injustice by linking grassroots interventions, to local, national, and global polic developments.For further information please write to: policy@oxfamindia.org, or visit our website: www.oxfamindia.org.Cover photo by : Anjela Taneja  TABLE OF CONTENTS  Page No. ABBREVIATIONS 2EXECUTIVE SUMMARY OF THE REPORT 3Chapter I INTRODUCTION   7 Chapter II THE TRENDS   9  SECTION I: THE SCHOOL MANAGEMENT COMMITTEE 9 SECTION II. OUT OF SCHOOL, SPECIAL TRAINING AND TRANSITION 22 SECTION III. REGULATION AND RECOGNITION OF PRIVATE SCHOOLS 26 SECTION IV. CURRICULUM 32 SECTION V: TEACHER RELATED PROVISIONS 35 SECTION VI: INCLUSION 41 SECTION VII: GRIEVANCE REDRESS AND THE ROLE OF THE SCPCR 49 CONCLUSION 53 APPENDIX APPENDIX I ROLES OF THE SMC 58APPENDIX II ADDITIONAL CRITERIA FOR RECOGNITION OF PRIVATE SCHOOLS UNDER RTE 58APPENDIX III ADDITIONAL MODALITIES OF RECOGNITION OF PRIVATE SCHOOLS UNDER RTE 60APPENDIX IV SETTING UP OF STATE-WIDE STANDARDIZED TESTING MACHINERY IN THE STATE 63APPENDIX V DETAILS OF THE 25% QUOTA 64APPENDIX VI PROVISIONS FOR GRIEVANCE REDRESS UNDER RTE STATE RULES 65  2 ABBREVIATIONS  ANM   Auxilliary Nurse Midwife BEO   Block Education Officer CCE   Continuous Comprehensive Evaluation CPC   Circle Project Coordinator CTS   Child Tracking Survey DDPI   Deputy Director of Public Instruction DDSE   Deputy Director of School Education DEO   District Education officer DSERT   Department of State Education Research and Training ICT   Information Communication Technology LA  Local Authority NCERT   National Council for Educational Research and Training NCF   National Curriculum Framework NCPCR   National Council for Protection of Child Rights NCTE   National Council for Teacher Education PCR   Pupil Cumulative Record PTA  Parent Teacher Association PRI   Panchayati Raj Institutions REPA  Right to Education Protection Authority RMSA  Rashtriya Madhyamik Shiksha Abhiyan RTE   Right to Education Act SAC   State Advisory Council SCERT   State Council for Educational Research and Training SCPCR   State Council for Protection of Child Rights SDP   School Development Plan SDMC   School Development and Management Committee SI   School Inspector SMC   School Management Committee SSA  Sarva Shiksha Abhiyan TET   Teacher Eligibility Test
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