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Key provisions of Right to Education Act, 2009
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Key aspects
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About
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Right to education as a Fundamental right
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Every child of the age group of 6 to 14 years shall have the right to free and compulsory education in a neighbourhood school till the completion of his or her elementary education.
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Financial burden
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Both the Central Government and the state governments share concurrent responsibility for providing and sanctioning funds to enforce and carry out the provision of the Act.
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Responsibility of Central government
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- Curriculum development
- Teacher training
- Technical support and resources
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Duty of state government
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- It is the duty upon the state to establish schools in neighbourhoods for the purpose of implementation of the provisions of this Act within 3 years of the commencement of the Act.
- 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.
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Duty of the parent
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It is the duty of every parent or guardian to admit his or her child or ward, as the case may be, to an elementary school in the neighbourhood for an education.
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Free provision
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- No school fee, capitation fee, charges or expenses to be borne by the child to get elementary education.
- Every student is entitled to free textbooks, writing materials and uniforms.
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Children with disabilities
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- Any child with disabilities will also have the right to access free and compulsory education at par with children with disabilities.
- Any child with ‘multiple disabilities’ or ‘severe disabilities may also have the right to home-based education.
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Special provision
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- The Act protects the children who even after six years of age were not admitted to schools or though admitted could not complete their elementary education.
- They have the right to free and compulsory education even beyond the age of fourteen years till the completion of his or her elementary education.
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Right to transfer to other schools
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- If a school fails to provide the necessary facilities for completing elementary education, any student has the right to transfer to another school.
- Exemption- It is not available for schools belonging to specified categories or unaided schools.
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Reservation
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- All aided schools must reserve a minimum of 25% of their seats for students from economically weaker and disadvantaged groups.
- It also applies to schools falling under specified categories and unaided schools that do not receive any government or local authority aid or grant.
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Reimbursement for Unaided Schools
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Unaided schools fulfilling RTE duties are eligible for reimbursement of expenses incurred
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Child friendly schools
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- 2 trained teachers will be provided for every 60 students at the primary level.
- If a problem with the infrastructure it must be improved in every 3 years, else recognition will be cancelled.
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Amendment in 2019
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- There shall be regular exams for all the students at the end of class 5 and class 8 and removed no detention policy.
- Any students failing such exams will get a chance for re-examination within 2 months.
- In very rare cases, schools can fail students with the permission of the government after failure in the re-examination.
- But under no circumstances a student will be expelled till the completion of his or her elementary education.
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