welcome 1 1. 2 lida jacob ias (retd) commission for right to education act january 2011 0471-2329272...
TRANSCRIPT
WELCOME
11
2
Lida Jacob IAS (Retd)
Commission for Right to Education ActJanuary 2011
0471-23292720471-2325272
Email: [email protected]
Commission for Right to EducationHousing Board Building, First Floor,Thiruvananthapuram-1
2
3
The Right of Children to Free and The Right of Children to Free and Compulsory Education Act, 2009Compulsory Education Act, 2009
&& The Right of Children to Free and The Right of Children to Free and
Compulsory Education Kerala Compulsory Education Kerala Rules 2011Rules 2011
G.O (P) No. 100/2011/G.Edn. Dated, G.O (P) No. 100/2011/G.Edn. Dated, Thiruvananthapuram 30Thiruvananthapuram 30thth April 2011 April 2011
4
RTE Act has come into effect from 1st of April, 2010
across India except in the state of Jammu & Kashmir.
Children in the age group of 6-14 years have the right to
free and compulsory, quality elementary education up to
Class 8
The Act contains 38 sections in 7 chapters which are
mandatory.
For implementing the provisions of the Act, RTE Rules
have been formulated.
Child is the focal point of this Act.
Introduction
5
The TEN Functions of the Right to Education Act 2009
Makes education Free andCompulsory and responsibility of the state
Curriculum as per Constitutional Values
Ensures Quality of Teachers
Defines Norms for Schools
Pushes for Social Reform
Protects child
Makes procedures more
simple
Puts power in hands of
people
Removes the oppression of
Exams
Govt. not liable for Free
Education when parents
admit child to private school.
6
Each agency – Central/State Govts., LSGIs, Parents,
Other Depts., Schools, Head Teacher & Teachers,
have well defined roles and responsibilities under this
Act.
One of the major challenges is to sensitize people
about this Act especially the beneficiaries
Ensure quality elementary education to all children
The role of State Govt./ LSGIs Dept., SCERTs & DIETs
is clearly given in Rule 8
Role of Stake holders
7
Key concept :
Right to Free and Compulsory Education is to students of Classes 1 to 8
Full time Formal School
No more ‘Non Formal Education’
No drop-in centres for working children
No Govt./NGO centres -- Only Regular ‘schools’
No detention, No failure, No expulsion, No corporal punishment, No mental
harassment of pupils , No board examinations, Follow Continuous and
Comprehensive Evaluation
Age appropriate enrollment in Classes
Admissions : No screening; No capitation fees
Year round admission
No documents, Easy availability of ‘Transfer Certificate’ for migration to another
school
DEFINITIONS (Added by the Commission)DEFINITIONS (Added by the Commission)
Rule 2“Assistant Education Officer” means an Officer of the State Government
in charge of elementary education in all schools having classes from 1 to 8.
“Child belonging to disadvantaged group” means a male, female or
transgender child of the age of six to fourteen years belonging to Scheduled
Caste, Scheduled Tribe, families engaged in traditional means of livelihood
like fishing, coir making, clay pottery, cane and bamboo work and weaving
and other eligible communities as defined by the state government and
children who are orphans, HIV affected and children with disability as
defined in Section 2 (i) of Persons With Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995, and will include
children with autism and children with learning disabilities and children
above fourteen years who are late enrollments.
88
Sn. 2 of RTE Act
“Child belonging to weaker section” means a child whose parents or guardian belong to BPL category in the State of Kerala.
“Neighbourhood” means the area near or within a walking distance of an elementary school referred to in sub clause (i) government and local authority school and aided school referred to in sub clause (ii) of clause (n) of section 2 and shall include areas of such schools in adjacent local bodies.
“School mapping” means assessment of the availability of schooling facilities for elementary education based on norms and standards specified in the Schedule to the Act in terms of location, infrastructure, teachers and distance matrix between schools and habitations and includes planning school location for the purpose of section 6 of the Act to overcome social, developmental and geographical barriers and geographical distance. It also includes maps of all the schools in the state using new and emerging technologies including Geographic Information System, prepared by authorized agencies.
99
“Walking distance” means the maximum distance permissible under the
Rules, being one km. in respect of a child studying in class 1 to 5 and 3
kms. in respect of a child studying in classes 6 to 8, covered by a child from
his /her residence to the school on the shortest, generally accepted path.
10
“School” means any recognized school imparting elementary education and
includes-
(i) a school established, owned or controlled by the state government or a local
authority;
(ii) an aided school receiving aid or grants to meet whole or part of its expenses
from the state government or the local authority;
(iii) a school belonging to specified category; known as Kendriya Vidyalaya,
Navodaya Vidyalaya and Sainik School established by the Central Government
and Sports School, Fine Arts and Music School and Special School for the
Disabled, having a distinct character, established by the state government;
(iv) an unaided school not receiving any kind of aid or grants to meet its expenses
from the appropriate Government or the local authority;
11
All other words and expressions used herein and not defined but defined
in the Act shall have the same meanings respectively assigned to them in
the Act.
All matters and terms and expressions not covered or defined in the Act
and Rules herein shall be as provided for and defined in the Kerala
Education Act 1958 and Kerala Education Rules 1959 (KER) as
amended from time to time.
1212
SCHOOL MANAGEMENT COMMITTEE (SMC)SCHOOL MANAGEMENT COMMITTEE (SMC)
Rule 3. Composition and functions of the SMC To be constituted in all Govt. schools
Total Membership
Maximum 16 members in Govt. schools. 20 members where student strength
exceeds 750.
75 % members from parents /guardians (including Mother PTA
SC/ST, other disadvantaged and weaker sections, children with disabilities)
25 % - Ward member, Teacher, School Leader, Local educationist,
HM ex-officio member-convenor
50 % should be women
1313
Section 21 (1 & 2)
of Right to Education Act
(i) To manage its affairs, the Committee shall elect a chairperson and vice
chairperson from among the parent members.
In the case of aided schools, the School Manager or his nominee shall be the
chairperson.
In schools having classes up to Class twelve, the Principal will be the ex-
officio member-convenor and the Head Teacher shall be the joint-convenor.
(ii) The convenor of the Committee shall be competent to invite up to three
persons at a time as Special Invitees to offer advice on specific issues like
child protection, health and nutrition, child psychology and on matters relating
to construction activities undertaken by the Committee. Such persons will not
be part of the quorum or be eligible to vote.
Quorum 9 members/11 members
14
FUNCTIONS OF THE SMCFUNCTIONS OF THE SMC
The Committee shall:
meet at least once in two months, and the minutes and decisions of the
meetings shall be properly recorded and made available to the public through
the school notice board and the school’s website.
ensure the implementation of clauses (a) and (e) of section 24 and of
section 27 and 28 of the Act.
The Committee shall, perform the functions specified in clauses (a) to (d) of
sub -section (2) of section 21 namely, (i) monitor the working of the school;
(ii) prepare and recommend school development plan; (iii) monitor the
utilisation of the grants received from the state government or local authority
or any other source; and (iv) perform such other functions as may be
prescribed. It shall also perform the following functions namely:-
continued…..1515
Rule 3 (1) to (8) of Central Govt. Rules
communicate in simple and creative ways to the population in the
neighbourhood of the school, the rights of the child as enunciated in the
Act, as also the duties of the state government, local authority, school,
parent and guardian;
ensure the implementation of clauses (a) and (e) of section 24 relating to
duties of teachers namely:-
(i) maintain regularity and punctuality in attending school;
(ii) hold regular meetings with parents and guardians and apprise them
about the regularity in attendance, ability to learn, progress made in
learning and any other relevant information about the child; and of section
27 and 28 of the Act which prohibits (i) the deployment of teachers for non-
educational purposes other than those specified in the Act (ii) engaging in
private tuition or private teaching activity.
16
arrange to monitor the achievement of the expected learning outcomes of
the children and shall pay attention to student absenteeism and teacher
absenteeism, and take necessary steps to provide teachers against short
leave vacancies having duration of below one academic year from the panel
of teachers maintained by the local authority, at the rate of remuneration
prescribed by the Director of Public Instruction.
ensure that teachers are not burdened with non- academic duties other than
those specified in section 27.
ensure the enrollment and continued attendance of all the children from the
neighbourhood in the school so as to ensure zero-drop out rate in the
school. Children not attending school continuously for more than 15
working days shall be placed under the category of dropouts and the
Committee shall make efforts to bring them back through remedial
measures.
17
monitor the maintenance of the norms and standards specified in the
Schedule and in the Kerala Education Rules and ensure effective utilization
of the school resources.
bring to the notice of the local authority and education authorities, any
deviation from the rights of the child, in particular mental and physical
harassment of children, denial of admission and timely provision of free
entitlements as per sub-section (2) of section 3:
identify the needs, prepare a plan, and monitor the implementation of the
provisions of section 4:
ensure provision for remedial and enrichment coaching for children with
special needs, late enrollments and slow learners and conduct of meetings
of Class PTA and Mother PTA regularly by the teachers.
18
monitor the identification and enrollment of, and facilities for education of
children with disability, and ensure their participation in and completion of
elementary education.
monitor the implementation of the mid-day meal in the school.
mobilize support and resources from the local authority, the public and
other agencies for providing better facilities for both academic and co-
curricular activities.
prepare and audit the annual account of receipts and expenditure of the
school for the amounts received by the Committee and furnish Utilization
Certificate in respect of funds utilized.
19
Rule 4. SCHOOL DEVELOPMENT PLANRule 4. SCHOOL DEVELOPMENT PLAN
The SMC shall prepare a School Development Plan within three months of
its constitution.
It shall be a three year plan comprising three annual sub plans. The plan
shall contain :
existing infrastructure facilities such as buildings, laboratory, library,
toilets, drinking water, furniture, equipment, play ground.
prepare a master plan for the school using services of experts, keeping in
view the future requirements of the school under each item and
incorporating the concept of learner friendly and eco-friendly construction.
2020
Sn. 22 (1) & (2) RTE Act
financial requirement in respect of (d) above, including for providing
special training facility for late enrollments specified in section 4,
and assess the requirements separately for each category by age,
and entitlements of children such as free text books and uniforms, free
transportation and residential facilities required under sub-rule 4 and 7 of
Rule 6 and any other additional requirement for fulfilling the
responsibilities
of the school under the Act.
21
Rule 5. Special TrainingRule 5. Special Training SMC shall identify children requiring special training and organize such
training that :
shall be based on specially designed, age appropriate learning material for
children with special needs and late enrollments, developed by the
academic authority,
shall be provided by teachers working in the school, or by Instructors of
Multi-Grade Learning Centres appointed for the purpose by the local
authority as stipulated in section 9 (g) for which the local authority shall
maintain a panel of retired teachers or other qualified service- minded
persons of the locality.
The child shall, upon induction into the age appropriate class after special
training, continue to receive special attention by the teachers to enable him
to successfully integrate with the rest of the class, academically and
emotionally.2222
Rule 6. Area or limits of neighbourhoodRule 6. Area or limits of neighbourhood
The area or limits of neighbourhood within which a school has to be
established by the state government or the local authority shall be:-
in respect of children in classes from 1 to 5, a school shall be established
within a walking distance of one km of the neighbourhood:
in respect of children in classes from 6 to 8, a school shall be established
within a walking distance of three kms of the neighbourhood:
Wherever required, the state government shall endeavor to upgrade
existing government and aided schools in a phased manner with classes
from 1 to 4 to include classes from 5 to 8 and in respect of schools which
start from class 5 onwards, to add classes from 1 to 4 wherever required,
taking into account the availability of such classes in the existing
schools in the neighbourhood and the specific recommendation of the
Assistant Education Officer and the local authority.
continued…..2323
Sn. 6 RTE Act
where no school exists within the area or limits of neighbourhood specified under sub-
rule (1), the state government or the local authority shall make adequate arrangements,
such as free transportation and residential facilities for providing elementary education
in a school, in relaxation of the area or limits specified in the sub rule (1).
The State Government or local authority shall ensure that access of children to the
school is not hindered (a) on account of social and cultural factors and (b) on
account of closure of a government or aided school referred to under sub-clause
(i) and (ii) of clause (n) of section 2 and (c) shall ensure that no school is closed
down without the recommendation of the Assistant Education Officer and the
local authority and prior sanction of the State Government.
continued…..
2424
The state government or the local authority shall make appropriate and safe transportation
arrangements for children with disabilities to attend school and complete elementary
education. Additional assistance in the form of home-based teaching shall be arranged for
children with severe disabilities.
The State Government and the local authority shall impress upon the parents and guardians,
their duty under Section 10 of the Act, to admit or cause to be admitted, their child or ward
as the case may be, to a neighbourhood school, for completion of elementary education.
shall provide free and appropriate pre-primary education to all children below 6 years.
For this, Pre-primary Centres shall be established in a phased manner in govt. and aided
schools within three years. A unified child-friendly curriculum shall be developed with
linkages to the Anganwadies for providing ICDS services to all the children. (ref. Supreme
Court judgement and guidelines of ICDS)
continued…..
25
The minimum academic and professional qualification of pre-primary
teachers shall be as prescribed by the National Council for Teacher
Education.
The state government shall permit a time-frame of two years within which
all children shall have attained six years at the time of admission to class
One. The Head Teacher shall be competent to permit age relaxation up to
six months at a time, during this time-frame.
As an interim arrangement the state government may open a new class in
all the schools for children between 5 and 6 years to be known as Senior
Pre-primary class for which age appropriate and child-friendly textbooks
shall be developed by the academic authority. The class shall be conducted
by utilizing the services of existing Primary Teachers.
26
Rule 7. Academic responsibility of the State Government to ensure quality education Rule 7. Academic responsibility of the State Government to ensure quality education
The State Government shall:
ensure provision of high quality education uniformly in all schools
and to this end specify norms and standards in respect of all activities
involving quality.
notify the academic authority within two months of the date of
notification of the rules, for development of the framework of state
curriculum based on that of the national curriculum and for
adopting the text books prepared under NCERT guidelines as far as
practicable.
prescribe minimum qualifications for teachers and support staff
and infrastructure in pre-primary schools based on NCERT norms.
continued…..2727
monitor the levels of learning of children in all government, aided and
unaided elementary schools in the state regularly, and conduct evaluation
on learning outcomes in 5% of the schools through an external agency
such as a university department, and bring out annual reports on the
quality of elementary education in the state.
ensure quality in pre-primary and elementary teacher training
curriculum and training courses.
ensure quality in training of teachers for imparting education to
children with disabilities in accordance with proviso to section 3 (2) in
consultation with national institutions concerned.
prescribe guidelines on child-friendly curriculum, infrastructure
facilities and minimum qualifications for teachers and support staff in
respect of pre-primary schools based on national norms.
continued…..28
design a transparent monitoring mechanism so as to cover all the
stipulations in section 24 and in rule 21. The educational authorities
namely, Assistant Education Officer, District Education Officer, Deputy
Director of Education, academic personnel of DIETs and BRC, shall
visit and monitor the academic performance of the teachers and students
in the schools at least once in a year and furnish reports thereon to the
SCERT for taking remedial action.
The State Government shall:-
ensure that children with disabilities have access to free education till
they attain the age of 18 years and shall promote their integration in the
regular schools.
equip and upgrade the existing Special Schools for children with severe
disabilities and provide them with residential facilities in appropriate
locations.
offer vocational training facilities to all children with disabilities.
continued…..2929
provide special teaching/learning material and improved assistive
devices and all such items that are necessary to give a child with
disability equal opportunities in education.
provide health care for the child with disabilities at school level.
formulate a restructured and relevant curriculum for children with
various categories of disabilities.
develop appropriate systems for their continuous and comprehensive
evaluation.
30
Rule 8. Responsibilities of the State Government andRule 8. Responsibilities of the State Government and local authority local authority
a child attending a school referred to in sub-clauses (i), (ii), (iii) and (iv) of
clause (n) of section 2 shall be entitled to free education and in particular to
free text books, writing materials, uniforms, free transportation and
residential facilities as applicable.
Explanation: This will include a child enrolled in a school under the Juvenile
Justice Care and Protection Act 2000 and a child attending a Mahila
Shikshan Kendra / Learning Centre under the Kerala Mahila Samakhya
Society and a child with disability attending a school recognised by the State
Government.
continued…..3131
For determining and for establishing neighbourhood schools, the State government
shall undertake school mapping, as defined in Rule 2 (j) and the local authority
shall identify all children, including children in remote areas, children with
disability, children belonging to disadvantaged group, children of migrant
labourers, children belonging to weaker section and children referred to in section
4, within a period of one year from the appointed date, and every year thereafter.The state government and the local authority shall:- provide emotional and psychological counseling for all children by professionals
in co-ordination with government departments like health and social welfare. ensure the minimum number of working days and instructional hours in an
academic year as prescribed in the Schedule by arranging the school vacations in such a manner that their duration does not exceed forty five days at a time.
continued…..
3232
ensure that the medium of instruction is as far as practicable, in Malayalam or in
the mother tongue. English as a subject shall be introduced in the form of songs,
rhymes and stories from Class 1 onwards. Text books prepared under NCERT
curriculum frame work shall be used in the English medium class divisions from
class 1 to 4 in schools where such divisions have been permitted.
ensure optimum school timings to all children, for which curtailment of school
hours on account of following shift or sessional system shall be discontinued
within a time limit of three years from the commencement of the Act.
adopt flexibility in school timings wherever feasible so as to facilitate adequate
time to children for co-curricular activities and to mitigate difficulties owing to
unsafe traffic conditions.
continued…..
33
The state government and the local authority shall ensure that the conduct
of classes in thatched buildings is discontinued within one year from the
date of notification of the rules.
The State Government and the local authority shall provide adequate funds
as grants for the implementation of the School Development Plan,
submitted by the School Management Committee as prescribed under sub-
clause(2) of Section 22 of the Act.
The State Government and the local authority shall enhance the manpower
and infrastructure facilities in the office of the Assistant Educational Officer
so as to enable such officer to effectively discharge his duties under the Act.
34
Rule 9. Maintenance of records of children by the local Rule 9. Maintenance of records of children by the local authority authority
The local authority shall :
maintain a record of all children in its jurisdiction, through a household survey from their birth or by a child census conducted by the authorized agency till they attain the age of 14 years and of children with disabilities till they attain the age of 18 years.
maintain the Unique Identification Number (UIN) in respect of every child, as and when issued by the competent authority, so as to monitor his/her enrollment, attendance, learning achievement and transition to next higher classes.
Registration of Births shall be ensured by the local authority in respect of all births within its jurisdiction.
continued…..
3535
A comprehensive Health Card shall be maintained in respect of every
child by conducting health check up in association with the Public Health
Centre and Anganwadi/pre-primary school. The required medical assistance
and management shall be provided to the children as required. The Health
Card shall be updated yearly till the child completes elementary education.
shall ensure that the names of children enrolled in the schools are
maintained in an appropriate register.
3636
RESPONSIBILITIES OF SCHOOLS AND TEACHERSRESPONSIBILITIES OF SCHOOLS AND TEACHERS
Rule 10. Admission of children belonging to weaker section and disadvantaged group
A list of recognized schools conforming to the norms and standards
prescribed from time to time shall be notified by the Deputy Director of
Education at least three months before the commencement of the next
academic year.
For the selection of 25% of the strength in Class 1, as provided in section
12 (i) (c), the school shall publish the list of applicants and selection shall
be by drawing of lots for each category. The list of selected students shall
be displayed on the notice board on the same day.
continued…..
3737
Note: An unaided school which grants admission to a child who has not
enrolled in the government or aided school which is the neighbourhood
school, shall not be eligible for reimbursement.
The Unique Identification Number and the biometric identification details
as and when issued shall be maintained in respect of every child by all the
schools.
Where in a school, there is no provision for completion of elementary
education, a child shall have a right to seek transfer to any other school or,
where a child is required to move from one school to another, either within
a State or outside, such child shall have a right to seek transfer to any other
government or aided school for completing his or her elementary education.
The head teacher shall act in compliance with the provision of sub-
clause (3) of section 5.
continued…..
3838
Sn. 5 (2) of RTE Act
No school or person shall, while admitting a child, collect any capitation fee
and subject the child or his or her parents or guardian to any screening
procedure.
The Director of Public Instructor shall be the authority to impose fine under
section 13 (a) and (b) of the Act for violations of the provisions therein.
The head teacher shall ensure compliance with the provisions of section 16
and 17 of the Act so that (a) no child admitted in a school shall be held back
in any class or expelled from school till the completion of elementary
education and (b) no child shall be subjected to physical punishment or
mental harassment.
Disciplinary action shall be taken under the service rules applicable to a
person who violates the above stipulations.
39
Rule 11. Reimbursement of per-child-expenditure by the State Rule 11. Reimbursement of per-child-expenditure by the State GovernmentGovernment The total annual recurring expenditure incurred by the State Government,
from its own funds, and funds provided by the Central Government and by
any other authority, on elementary education in respect of all government
schools referred to in sub-clause (i) of clause (n) of section 2, divided by
the total number of children enrolled in all such schools, shall be the per-
child-expenditure incurred by the State Government.
The State government shall constitute a committee to assess the per-child
expenditure for each academic year. This amount will be transferred to the
bank account of the un-aided school concerned in two installments after
verifications of retention and attendance of the children admitted there.
40
Rule 12.Rule 12. Documents as age proofDocuments as age proof
Wherever a Birth Certificate is not available, with respect to a child
belonging to disadvantaged group or weaker section, any one of the
following documents shall be deemed to be proof of age of the child for the
purpose of admission in schools-
1. hospital or Auxiliary Nurse and Midwife (ANM) register record;
2. anganwadi record;
3. affidavit by the parent or guardian in the prescribed format.
The head teacher shall intimate the local authority concerned regarding
admission of any child without Birth Certificate and the local authority
shall forward copy of the Birth Certificate within six months of such
intimation.
4141
Rule 13. Extended period for admissionRule 13. Extended period for admission
Extended period of admission shall be three months from the date of
commencement of the academic year of a school.
Where a child is admitted in a school after the extended period, he shall be
eligible to complete studies with the help of special training, as determined
by the head teacher of the school.
42
Rule 14. Recognition/Upgradation to schoolRule 14. Recognition/Upgradation to school
Sn. 18 RTE Act – No school to function or to be established without
obtaining Certification of Recognition. All existing unaided schools should
apply for recognition by filing self declaration in the prescribed format.
The conditions for obtaining recognition for existing unaided schools,
unrecognized schools and new schools are given in the Schedule to the Act
and in the Central Rules.
The Commission has however prescribed additional and more stringent
conditions and norms for granting recognition to both existing un-
recognized un-aided schools and to new schools.
43
Rule 14. Recognition to schoolRule 14. Recognition to school – contd..– contd.. Every school, coming under section 2 (n) (iv) viz, an unaided school and
which has obtained recognition under the Kerala Education Act and Rules or
has obtained No Objection Certificate from the State Government for affiliation
to other Boards of Education, shall make a self declaration to the Assistant
Education Officer concerned, regarding its compliance or otherwise with the
norms and standards stipulated in the KER in addition to the norms in the
Schedule and fulfillment of the conditions prescribed. Some of them are:
the school is run by a society registered under the Societies
Registration Act, 1860 (21 of 1860), or a public trust or an educational agency
constituted under any law for the time being in force;
the school is not run for profit to any individual, group or association of
individuals or any other persons;
continued…..
4444
the school conforms to the values enshrined in the Constitution;
the school complies with the provisions in the KER relating to
area, location and accommodation.
Malayalam is taught as a compulsory language in all classes.
the Pupil-Teacher Ratio as specified in section 25 is maintained.
the school provides barrier free access and adapted toilets for
children with disabilities.
the biometric identification details along with the Unique
Identification Number of each child is maintained in the school.
the school buildings or other structures or the grounds are used only for the
purposes of education and skill development;
continued…..
45
the school does not run any unrecognized classes within the premises of the
school or outside in the same name of the school.
the school is open to inspection by any officer authorized by the state
government.
the school furnishes such reports and such information as may be
required from time to time and complies with such instructions of the
State Government as may be issued to secure the continued fulfillment
of the condition of recognition or the removal of deficiencies in the
working of the school;
continued…..
46
Constitution of a District level School Recognition Committee.
The DEO & AEO concerned shall inspect such schools based on the norms
and standards in Rule 15 (i). The inspection report shall be placed before the
District level Recognition Committee.
Order of Recognition will be issued by the Deputy Director of Education.
Provided that recognized unaided schools that have been established
before the commencement of the Act namely, before 1-4-2010, and have been
presenting their students for the respective class 10 Board examinations
continuously since 1-1-2000, shall be issued Certificate of Recognition under
section 18 (1) of the Act based on the self declaration of the Educational
Agency without site inspection.
Recognition can be withdrawn at any time by the department for violations of
prescribed conditions.
continued…..
4747
The self declaration forms and applications for recognition will be placed in the
website of the department for information of the public.
Schools that do not conform to the norms, standards and conditions mentioned in sub-
rule (1) shall be listed by the Deputy Director of Education through a public order to
this effect. Such schools may request the Deputy Director of Education for an on-site
inspection for grant of recognition at any time so that such period does not exceed
three years from the commencement of the Act;
A School which does not conform to the norms, standards and conditions mentioned
in sub-rule (1) within three years from the commencement of the Act shall stop its
functioning and running of such school shall be punishable under section 19 of the
Act.
continued…..
4848
The existing unrecognized schools seeking recognition shall furnish the
application in the prescribed format and shall fulfill the educational need
of the locality as revealed in the school mapping exercise and the
educational need shall be certified by the local authority and the
Assistant Education Officer concerned.
A committee with the DPI or his nominee, the District Collector and a
representative of the local authority, shall verify the facts with reference to
the school mapping and the educational needs of the locality.
Their report shall be forwarded to the DPI, who shall after examination of
the report, forward the eligible cases to the State Government for grant of
recognition in compliance with the relevant provisions.
continued…..4949
An educational agency proposing to start a new school shall conform to
the norms and standards specified in the Schedule and those prescribed by
the State Government from time to time, and the locality in which the
school is proposed to be started has proven educational needs as revealed
in the school mapping exercise and such educational need is certified by
the local authority and the Assistant Education Officer concerned. A committee comprising of the DPI or his nominee, the District Collector
and a representative of the local authority, shall verify the facts with reference to the school mapping and the educational needs of the locality. The report shall be forwarded to the DPI who shall after examination, forward the eligible cases to the State Government for issue of orders sanctioning the new school and granting recognition in compliance with the relevant provisions.
5050
Rule 15. Withdrawal of recognition to schoolRule 15. Withdrawal of recognition to school
The Deputy Director shall issue notice to the school specifying the
violations of the condition of grant of recognition and seek its
explanation within one month.
An inspection of the school may be conducted by a Committee which
shall make due enquiry and submit its report, along with
recommendations for continuation of recognition or its withdrawal, to the
said Officer.
On receipt of the report and recommendations of the Committee, the
Deputy Director of Education shall pass order for withdrawal of
recognition or continuance of recognition within two months.
continued…..5151
The order of withdrawal of recognition passed by the state government said
Officer shall be operative from the immediately succeeding academic year
and shall make arrangements for the continuation of elementary education
of the children in a neighbourhood school (s).
Appeal against an order of withdrawal of recognition under rule 16 (1)( c)
shall lie before the Director of Public Instruction and before the State
Government.
5252
53
In order to ensure a uniform pattern of quality education G.O.I. have under
Sn. 23 of the Act entrusted the National Council for Teacher Education
(NCTE) the Academic authority, to lay down Minimum Qualifications for a
person to be eligible for appointment as a teacher in class 1 to 8 as per
NCTE notification dated 23rd August 2010 which was amended by
Notification on 10th June 2011.
Role of National Council for Teacher Education (NCTE)
Rule 16. Acquiring Minimum QualificationsRule 16. Acquiring Minimum Qualifications
The State Government shall, within two months of the date of notification
of the rules, implement the minimum qualifications including Teacher
Eligibility Test (TET) for a person to be eligible for appointment as a
teacher based on the norms and standards laid down by the National
Council for Teacher Education.
The minimum qualifications laid down by the academic authority referred
to in sub-rule (1) shall be applicable to all teachers in every school
referred to in clause (n) of section 2.( Govt. Aided & Unaided)
The State Government shall notify the agency that is authorized to conduct
the Teacher Eligibility Test based on the norms prescribed by the National
Council for Teacher Education.
5454
55
Minimum QualificationsClass I-V
Senior Secondary (Higher Secondary)with at least 50% marks and 2 year Diploma in Elementary Education (TTC)
or Senior Secondary (Higher Secondary) with at least 45% marks and 2 year
Diploma in Elementary Education (TTC) under NCTE Regulations
or Senior Secondary (Higher Secondary) with at least 50% marks and 4 year
Bachelor of Elementary Education (B.El.Ed.)
or Senior Secondary (Higher Secondary) with at least 50% marks and 2 year
Diploma in Elementary Education (Special Edn.)
or B.A./B.Sc./B.Com and 2 year Diploma in Elementary Education
AndPass in the Teacher Eligibility Test (TET) to be conducted by the State
Government in accordance with the Guidelines framed by the NCTE for the purpose. 55
56
BA/B.Sc./B.Com. and 2 year Diploma in Ele. Edn. (TTC)
or BA/B.Sc./B.Com. with at least 50% marks and 1 year Bachelor in Edn.
(B.Ed.)
or BA/B.Sc./B.Com. with at least 45% marks and 1 year B.Ed accordance
with the NCTE regulations.
or Senior secondary with at least 50% marks and 4 year B. El. Ed
or Senior secondary with at least 50% marks and 4 year B.A.Ed./B.Sc.Ed.
or B.A./B.Sc./B.Com. with at least 50% marks and 1 year B.Ed. (Spl. Edn.)
And
Pass in the Teacher Eligibility Test to be conducted by the State Government in accordance with the Guidelines framed by the NCTE for the purpose.
Class VI-VIII
56
Relaxation upto 5% in the qualified marks shall be allowed to reserved
categories viz , SC/ST candidates
The minimum qualifications laid down in this Notification apply to all
teachers of Languages Social studies, Mathematics and Science in every
school.
The minimum qualifications for appointment of Part Time instructors in Art
Education, Craft Education, Home Science, Health & Physical Education and
Work Education the existing eligibility norms prescribed by the State
Govt./DPI shall be applicable till such time the NCTE lays down the
minimum qualification in respect of such subject teachers.
For Health & Physical Education - the NCTE regulations dated 3 rd November
2001 is applicable (as amended from time to time)
57
58
Guidelines for conducting Teacher Eligibility Test (TET) under the Right of Children to Free and
Compulsory Education Act, 2009
No. 76-4/2010/NCTE/AcadDated, 11th February 2011
59
Guidelines for conducting Teacher Eligibility Test (TET)
Background and Rationale The implementation of the Right of Children to Free and Compulsory
Education (RTE) Act, 2009 requires the recruitment of a large number of
teachers across the country in a time bound manner. In spite of the
enormity of the task, it is desirable to ensure that the quality
requirement for recruitment of teachers is not diluted at any cost.
to ensure that persons recruited as teachers possess the essential
aptitude and ability to meet the challenges of teaching at the
primary and upper primary level.
60
The rationale for including the TET as a minimum qualification for a
person to be eligible for appointment as a teacher is as under:
It would bring national standards and benchmark of teacher quality in the
recruitment process;
It would induce teacher education institutions and students from
these institutions to further improve their performance standards;
It would send a positive signal to all stakeholders that the Government
lays special emphasis on teacher quality
The TET examination may be conducted by a suitable professional
body designated by the State Government for the purpose. It will be
conducted in accordance with the Guidelines hereunder.
61
Eligibility A person who has acquired the academic and professional
qualifications specified in the NCTE Notification dated 23rd August
2010.
A person who is pursuing any of the teacher education courses
recognized by the NCTE or the RCI, as the case may be) specified in
the NCTE Notification dated 23rd August 2010.
The eligibility condition for appearing in TET may be relaxed in
respect of a State/UT which has been granted relaxation under sub-
section (2) of section 23 of the RTE Act. The relaxation will be
specified in the Notification issued by the Central Government under
that sub-section
62
Structure and Content of Teacher Eligibility Test (TET )
All questions will be Multiple Choice Questions (MCQs), each carrying one mark,
with four alternatives out of which one answer will be correct.
There will be no negative marking.
The examining body should strictly adhere to the structure and content of the
TET specified below.
There will be two papers of the TET.
Paper I will be for a person who intends to be a teacher for classes I to V.
Paper II will be for a person who intends to be a teacher for classes VI to VIII.
A person who intends to be a teacher either for classes I to V or for classes VI to
VIII will have to appear in both papers (Paper I and Paper II).
63
Paper I (for classes I to V); No. of MCQs - 150; Duration of examination: one-and-a-half hours
Structure and Content (All Compulsory)
(i) Child Development and Pedagogy 30 MCQs 30
Marks
(ii) Language I 30 “ 30 “
(iii) Language II 30 “ 30 “
(iv) Mathematics 30 “ 30 “
(v) Environmental Studies 30 “
30 “
64
The test items on Child Development and Pedagogy will focus on
educational psychology of teaching and learning relevant to the
age group of 6-11 years. They will focus on understanding the
characteristics and needs of diverse learners, interaction with learners
and the attributes and qualities of a good facilitator of learning.
The Test items for Language I will focus on the proficiencies related
to the medium of instruction, (as chosen from list of prescribed
language options in the application form).
The Language II will be from among the prescribed options
other than Language I. A candidate may choose any one language
from the available language options and will be required to specify the
same in the application form. The test items in Language II will also
focus on the elements of language, communication and comprehension
abilities.
65
The test items in Mathematics and Environmental Studies will focus on
the concepts, problem solving abilities and pedagogical
understanding of the subjects. In all these subject areas, the test items
shall be evenly distributed over different divisions of the syllabus of that
subject prescribed for classes I-V by the State Government.
The questions in the tests for Paper I will be based on the topics of the
prescribed syllabus of the State for classes I-V, but their difficulty
standard, as well as linkages, could be up to the secondary stage.
66
Paper II (for classes VI to VIII); No. of MCQs - 150;
Duration of examination : one-and-a-half hours
Structure and Content
(i)Child Development & Pedagogy (compulsory) 30 MCQs 30 Marks
(ii) Language I (compulsory) 30 “ 30 “
(iii)Language II (compulsory) 30 “ 30 “
(iv)(a) For Mathematics and Science teacher : Mathematics and Science - 60
MCQs of
1 mark each
(b) For Social studies teacher : Social Studies - 60 MCQs of 1 mark each
(c) for any other teacher - either 4(a) or 4(b)
67
The test items on Child Development and Pedagogy will focus on educational
psychology of teaching and learning, relevant to the age group 11-14 years. They
will focus on understanding the characteristics, needs and psychology of diverse
learners, interaction with learners and the attributes and qualities of a good
facilitator of learning.
The test items for Language I will focus on the proficiency related to the medium
of instruction, as chosen from list of prescribed options in the application form.
The Language II will be a language other than Language I. The person
may choose any one language from among the available options and as
in the specified list in the application form and attempt questions in the one
indicated by the candidate in the application form by him. The Test items in
Language II will also focus on the elements of language, communication and
comprehension abilities.
68
The test items in Mathematics and Science, and Social Studies will
focus on the concepts, problem solving abilities and pedagogical
understanding of these subjects. The test items of Mathematics and
Science will be of 30 marks each. The test items shall be evenly
distributed over different divisions of the syllabus of that subject as
prescribed for classes VI-VIII by the appropriate government.
The questions in the tests for Paper II will be based on the topics of the
prescribed syllabus of the State for classes VI-VIII but their difficulty
standard as well as linkages could be up to the senior secondary stage.
The question paper shall be bilingual - (i) in language(s) as decided by
the State Government; and (ii) English language.
69
Qualifying marks
A person who scores 60% or more in the TET exam will be
considered as TET pass. School managements (Government,
local bodies, government aided and unaided)
(a) should give weightage to the TET scores in the recruitment
process; however, qualifying the TET would not confer a
right on any person for recruitment/employment as it is
only one of the eligibility criteria for appointment.
(b) Relaxation up to 5% in the aforementioned qualifying marks
would be available to SC/STs in accordance with the policy of
state govt. (as per F.No. 61-1/2011/NCTE/N&S dt. 1st April
2011.)
70
Applicability
(a) TET conducted by the Central Government shall apply to all schools referred to in sub-clause (i) of clause (a) of section 2 of the RTE Act.
(b) TET conducted by a State Government shall apply to : (i) a school of the State Government and local authority referred to in sub-clause (i) of clause (n) of section 2 of the RTE Act; and (ii) a school referred to in sub-clause (ii) of clause (n) of section 2 of the RTE Act in that State/UT. A school at (i) and (ii) may also consider eligibility of a candidate who has obtained TET Certificate awarded by another State. In case a State Government decides not to conduct a TET, a school at (i) and (ii) in that State would consider the TET conducted by the Central Government.
(c) A school referred to in sub-clause (iv) of clause (n) of section 2 of the RTE Act may exercise the option of considering either the TET conducted by the Central Government or the TET conducted by the State Government/UT with legislature.
71
Frequency of conduct of TET and validity period of TET certificate
The State Government should conduct a TET at least
once every year. The Validity Period of TET qualifying
certificate for appointment will be decided by the State
Government subject to a maximum of seven years for
all categories. But there will be no restriction on the
number of attempts a person can take for acquiring a
TET Certificate. A person who has qualified TET may
also appear again for improving his/her score.
72
Procedure for conduct of the TestThe examining body shall formulate a detailed procedure
and lay down instructions for conduct of the TET.
Candidates should be informed that a very serious view will
be taken of any malpractice or impersonation.
Legal Disputes
All legal disputes with regard to conduct of TET shall be
subject to the jurisdiction of the State Government.
73
Award of TET Certificate
The State Government conducting the Test shall award a
TET Certificate to all successful candidates. The certificate
should contain the name and address of the candidate, date
of birth, Registration No. year/month of award of
Certificate, marks obtained in each Paper, class level of its
validity (Class I to V, class VI to VIII or both), and, in case of
classes VI to VIII, the subject area (Science and
Mathematics, Social Studies, etc.). The certificate may be
electronically generated with adequate security features.
Utilizing the services of specialized agencies for issuing de-
materialized (demat) TET certificates as a security feature
to avoid any kind of malpractice may also be considered.
74
Monitoring
The appropriate Government shall appoint a Nodal Officer for the
purpose of TET.
The NCTE would organize meetings of the Nodal Officers at least
once every year.
Every appropriate Government will forward a report of each TET to
the NCTE in a format to be prescribed by the NCTE.
The NCTE shall maintain a data base of qualified teachers and be
the repository of experts and resources, including the technological
tools for conduct of the TET, and shall share it with the appropriate
Government.
75
N.B:- Details of Central Teacher Eligibility Test (CTET) as
published in
www. cbse.nic.in
Online submission of application positively by 15.05.2011
Fees : General/OBC Rs. 500/-
SC/ST Rs. 250/-
Exam Paper I 26.06.2011 F.N. 9.30 -11 150 MCQs 150 Marks
Paper II 26.06.2011 12.30 -2 150 MCQs 150 Marks
76
Vision for Teacher Education
Concern for qualityThe dimension of the National Framework for School Curriculum
vision needs to be supported and sustained with systematic reforms
of structures and institutions that nurture, practices supportive of
children's inclusion in school and their learning. Important among
these are preparing teachers and supporting their professional
practices through monitoring and academic leadership.
The system for producing text books and learning materials.
Curriculum reforms are at the heart of any initiative that may be
taken to improve the quality of educational provision at different
stages.
77
Quality is systemic attribute and not just a feature of instruction or
attainment.
Quality is not merely a measure of efficiency; it also has a value
dimension.
Quality of education will succeed only if it goes hand in hand with
steps to promote equality and social justice.
Teacher education programmes like B.Ed and TTC pay inadequate
attention to the responsibility that a teacher has in constructing a
class room culture that provides an inclusive environment for
children, especially girls from oppressed or marginalised social
backgrounds. In syllabus designing and textbook writing, the items
showing sensitivity to cultural differences often come in as
afterthoughts rather than as in-built features of the process. The case
of gender and special needs is similar.
78
In tune with the vision of NCFTE, NCTE has decided to
develop Norms and standards and suggestive curriculum
for different Teacher Education Courses like Diploma in
Early Childhood Education-Diploma in Elementary
Education-Diploma in B.El.Ed. and 1 year B.Ed.
79
NCTE Norms - Curriculum for Teacher Education ProgrammesDiploma in Elementary Education (D.El.Ed) or TTC
1. Preamble The aim of elementary education is to fulfill the basic learning
needs of all children in an inclusive school environment bridging social and gender gaps with the active participation of the community The programme aims at preparing teachers for elementary stage of education that is Classes I to VIII.
Though the elementary teacher education programme carries different nomenclatures the duration & entry qualification are same. Hence the nomenclature of courses shall be same Diploma in Elementary Education (D.El.Ed).
2. Duration of an academic year Working days shall be atleast 200 working days each year
exclusive of the period of examination and admission. Atleast 40 days for practice teacher/skill development.
80
Proposed D.El.Ed. Curriculum Structure Year I
Sl. No.
Course Title Suggested Periods
per Week
Maximum
Marks
Year I Theory
1 Childhood and the Development of Children 4-5 100
2 Contemporary Indian Society 4-5 100
3 Education, Society, Curriculum and Learners 4-5 100
4 Towards Understanding the Self 2-3 50
5 Pedagogy across the Curriculum 2-3 50
6 Understanding Language and Early Literacy 4-5 100
7 Mathematics Education for the Primary School
Child
4-5 100
8 Proficiency in English 2-3 50
81
Practicum
Creative Drama, Fine Arts and
Education
2-3 40
Children’s Physical and Emotional
Health, School Health and Education
1-2 30
Work and Education 1-2 30
School Internship: 25-35 days 100
Total Marks 850
82
Year IISl. No. Course Title Suggested
Periodsper Week
Maximum Marks
Year II Theory
1 Cognition, Learning and the Socio-Cultural Context 4-5 100
2 Teacher Identity and School Culture 4-5 50
3 School Culture, Leadership and Change 2-3 50
4 Pedagogy of Environmental Studies 2-3 100
5 Pedagogy of English Language 4-5 100
6 Optional Pedagogic Coursesa) Social Science Educationb) Language Educationc) Mathematics Educationd) Science Education
4-5 100
7 Diversity: Gender and Education 2-3 50
83
Practicum
Children’s Physical and Emotional
Health, School Health and Education
3-4 40
Creative Drama, Fine Arts and
Education
4-5 60
School Internship : 45-55 days 200
Total Marks 850
Grand Total 1700
84
Systemic Reforms for ensuring Quality in Elementary education Academic Planning and monitoring for quality.
Academic leadership in school and for school monitoring.
Strengthening Panchayati Raj System to realize the constitutional mandate of decentralized democracy and development.
The Principle of subsidiarity is the bedrock of panchayati Raj which stipulates that what can be done optimally at the lowest level should be done at that level.
A rational and realistic analysis of the functions that are required to be discharged at the different levels have to be identified and its compliance ensured.
a) Teacher education for curriculum renewalb) Present concerns in Teacher educationc) In-service Education and Training of Teachersd) Pre-service Educatione) School-based Assessment
Internal Assessment (honest)
85
understand the way learning occurs and to create plausible situations conducive to learning.
view knowledge as personal experiences constructed in the shared context of teaching-learning, rather than embedded in the external reality of textbooks.
be sensitive to the social, professional and administrative contexts in which they need to operate.
develop appropriate competencies to be able to not only seek the above-mentioned understanding in actual situations, but also be able to create them.
attain a sound knowledge base and proficiency in language. identify their own personal expectations, perceptions of self, capacities
and inclinations.
Salient Features of Teacher Education to enable Student-Teachers to
86
consciously attempt to formulate one’s own professional orientation as a teacher in situation-specific contexts.
view appraisal as a continuous educative process.develop an artistic and aesthetic sense in children through art education.Address the learning needs of all children, including those who are
marginalised and disabled. In the context of change perspective, it is imperative to pursue an
integrated model of teacher education for strengthening the professionalisation of teachers.
Develop the needed counselling skills and competencies to be a ‘facilitator’ for and ‘helper’ of children needing specific kinds of help in finding solutions for day-to-day problems related to educational, personal and social situations.
Learn how to make productive work a pedagogic medium for acquiring knowledge in various subjects, developing values and learning multiple skills.
87
Teachers should be prepared to:-
care for children, and should love to be with them.understand children within social, cultural and political contexts.be receptive and be constantly learning.view learning as a search for meaning out of personal experience, and
knowledge generation as a continuously evolving process of reflective learning.
view knowledge not as an external reality embedded in text books, but as constructed in the shared context of teaching-learning and personal experience.
own responsibility towards society, and work to build a better world.appreciate the potential of productive work and hands-on experience as a
pedagogic medium both inside and outside the classroom.analyse the curricular framework, policy implications and texts.
88
Major shifts in Teacher Education Programme
Under standing that the learner needs are to be given priority.
The learner is seen as an active participant rather than a passive recipient
in the process of learning, and his/her capabilities and potential are seen
not as fixed but dynamic and capable of development through direct self-
experience.
The major shift is in the teacher’s role
89
Major shiftsFrom To
Teacher centric, stable designs Learner centric, flexible process
Teacher direction and decisions Learner autonomy
Teacher guidance and monitoring Facilitates, supports and
encourages learning
Passive reception in learning Active participation in learning
Learning within the four walls of
the class room
Learning in the wider social
context
Knowledge as “given” and fixed Knowledge as it evolves and is
created
Disciplinary focus Multidisciplinary, educational
focus
Linear exposure Multiple and divergent exposure
Appraisal, short, few Multifarious, continuous
Rule 17. Salary and allowances and conditions of service of Rule 17. Salary and allowances and conditions of service of teachersteachersThe salary and allowances and terms and conditions of service of teachers
of Govt. & Aided schools shall be as laid down by the state government
from time to time.
In the case of teachers in unaided schools the salary and allowances and
terms of conditions of service shall be in accordance with the regulations
and guidelines on service conditions and salary and allowances issued
by the State Government from time to time.
All teachers shall take in to account:
a) adherence to the conduct rules in force
b) accountability of teachers to the School Management Committee;
90
Rule 18. (1) Duties to be performed by Head TeacherRule 18. (1) Duties to be performed by Head Teacher
The Head Teacher shall (i) have a minimum of twelve years of teaching
experience.
pass the prescribed departmental tests (Higher or Lower) and test on Kerala
Education Act and Rules.
Note : Teachers in service will be given time up to three years to pass the
above tests.
undergo training in school management and administration conducted by the
education department.
The Head Teacher shall observe and assess the performance of the teachers,
conduct of regular meetings of Class PTA and Mother PTA and provide the
teachers with necessary guidance.
Regulate the absence of teachers from school on account of “other duty”.
9191
Rule 18. (3) Duties to be performed by TeachersRule 18. (3) Duties to be performed by Teachers
The teacher shall;- a) assess the learning ability of every child and shall
ensure that he/she attains the learning outcomes specified by the academic
authority for each subject throughout the academic year.
act as a mentor to the students and shall adopt the tutorial system so as to
ensure individual attention for the all-round development of the child.
ensure parent involvement by conducting meetings of Class PTA and
Mother PTA at least once in two months.
maintain a file containing the pupil cumulative record for every child
which may form part of the certificate issued at the completion of
elementary education.
continued…..
9292
A teacher, in addition to the functions specified in clauses (a) to (e) of
sub-section (1) of section 24, shall perform the following duties;-
ensure full utilization of school facilities like, library, laboratory and ICT,
sports and games, work education etc.
induction / participation in in-service training programmes.
participation in curriculum formulation, and development of syllabi,
training modules and text book development under the academic authority.
The Head teacher shall review the teacher performance on the duties under
Rule 21(3) and (4) at the monthly staff council meeting. The review report
shall be submitted to the Assistant Education Officer periodically.
9393
Code of Professional Ethics
for School Teachers (DRAFT)
Prepared by
NCTE in the context of RTE Act 2009
94
Code of Professional Ethics (CPE) for School Teachers
The National Council of Teacher Education (NCTE) had
constituted a high powered Committee to develop a Code
of Professional Ethics for School Teachers in the context of
the Right of Children to Free and Compulsory Education
Act, 2009.
95
Chapter 2 Code of Professional Ethics for School Teachers
IntroductionThe teaching profession should also have its CPE (which is a pre-
requisite) to ensure its dignity and integrity.RTE Act 2009 entails on teachers some heavy professional
responsibilities and duties which have to be internalized by them in their work.
CPE have therefore to be evolved and adopted by the teaching community.
As per the Code the term ‘teacher’ covers-all school teachers-govt.-aided- unaided-full time or part time, elementary-secondary or teachers holding administrative and supervisory positions.
CPE provides a framework of principles to guide teachers in the discharge of their obligations towards students, parents, colleagues and community.
Ensures professionalism among teachers.96
Preamble
Recognizing that every child has a fundamental right to education of good quality;
Recognizing that education should be directed to the all-round development of the human personality;
Recognizing the need for developing faith in the guiding principles of our polity, viz., democracy, social justice and secularism;
Recognizing the need to promote through education, the concept of the composite culture of India and a sense of national identity;
Recognizing that teachers, being an integral part of the social milieu, share the needs and aspirations of the people;
Recognizing the need to enhance self-esteem of teachers;97
Recognizing the need to organize teaching as a profession for which
expert knowledge, specialized skills and dedication are pre-requisites;
Recognizing that the community respect and support for the teachers
are dependent on the teacher’s professionalism, and
Recognizing the need for self-direction and self-discipline among
members of the teaching community;
The present Code of Professional Ethics for school teachers has been
evolved to provide direction and guidance to the teachers in enhancing
the dignity of their professional work.
98
1. Obligations towards Students
Treats all students with love and affection.Respects the value of being just and impartial to all students
irrespective of their caste, creed, religion, sex, economic status, language and place of birth.
Facilitates students’ physical, social, intellectual, emotional, moral and spiritual development.
Transacts the curriculum in conformity with the values enshrined in the Constitution. (Sn. 29/Rule 8)
Adapts his/her teaching to the individual needs of the students.Refrains from subjecting any child to fear, trauma anxiety,
physical punishment and mental, sexual and emotional harassment.
99
2. Obligations towards parents, Community and Society
Establishes cordial relations with parents/guardians.
(Sn. 24(e) Rule 21)
Desists from doing any thing which is derogatory to the respect of the
child or his/her parents/guardians.
Strives to develop respect for the composite culture of India among
students.
Refrains from taking part in activities which spread feeling of hatred or
enmity among different communities, religious and linguistic groups.
100
3. Obligation towards the Profession and Colleagues
Strives for his/her continuous professional development. Treats other members of the profession with respect and dignity.Refrains from engaging himself/herself in private tuition or private
teaching activity. (Sn. 28/Rule 3(7)b(ii)Refrains from accepting any gift or favour that might impair or
appear to influence professional decisions or actions. Refrains from making derogatory statements or unsubstantiated
allegations against colleagues and higher authorities.Maintains confidentiality of information concerning colleagues and
dispenses such information only when authorized to do so.
101
Chapter 3 Observance of the Code
Understand the difference between Code of Conduct and Code of Professional Ethics with reference to RTE Act and Section 24 of the Act pertaining to duties of teachers.
Cultivate self regulation like all other professions.In the vast system of school education there is the scope for
violation of the Code or partial adherence to it.Hence evolve a mechanism to ensure that all members of the
profession follow the ethical principles enshrined in the Code.
In-built disciplinary action in the case of violation of the Code of Conduct.
102
In the case of violation of CPE the responsibility to discipline them rests
with the authorized representatives of the profession at different levels
based on seriousness of the violation. Eg. Medical practioners,
chartered accountants etc.
Evolve a mechanism for registration of qualified teachers and integrate
with relevant provisions of RTE Act 2009.
The responsibility for registration may be assigned to SCERT under the
guidance of NCTE.
A copy of the CPE should be provided to all fresh appointees for perusal
and to furnish an oath before joining the profession.
103
Mechanism to deal with violationsEvolve a three-tier mechanism to deal with the non-observance
of the Code or with violations noticed or reported.
1. School Level/Block Level Ethics CommitteeDepending upon the number of teachers, school level/cluster
level/Block level Ethics Committee can be constituted comprising senior members of the staff and representatives of parents.
Complaints regarding punctuality, regularity completion of curriculum, engagement in private tuition etc, can be considered here.
Advice and guidance to be given to persuade such teachers to observe the rules.
104
State Level Ethics CommitteeSCERT (Agency for the registration of teachers) may constitute a
State Level Ethics Committee comprising eminent educationists,
representatives of teacher organizations and parents to deal with
serious cases like child abuse, violation of constitutional provisions.
The Committee may issue ‘Advisories’ to the erring teacher.
The Committee can refer serious appropriate cases for withdrawal
of Eligibility or ‘cancellation of registration’ to the Ethics
Committee at the national level as found.
105
National Level Ethics Committee
NCTE and All India Federation of School Teachers
may jointly appoint a National Ethics Committee.
NCTE may notify regulations relating to the
composition, functions, powers and responsibility of
the Ethics Committees at the three levels.
106
Awareness Generation
Orientation programmes to be conducted for
teachers and the implications of the Code discussed.
National level and State level Teacher training
institutions and Teachers’ organisations shall take
initiative for this.
107
Rule 19. Grievance Redressal of TeachersRule 19. Grievance Redressal of Teachers
The Head Teacher shall examine and redress the grievances of teachers at the school level in the first instance. Where a grievance remains unresolved, the School Management Committee shall constitute a sub-committee with the Head Teacher as chairperson and four other members of the SMC to redress the grievance. Service matters, orders of suspension from service, and all penalties under disciplinary proceedings initiated by the education department or the school management, will not be taken up before the sub committee. A committee constituted under the chairmanship of Assistant Education Officer / DEO shall be the next level of appeal against the order of the sub- committee of the School Management Committee. Subsequent level of appeal shall be at that of Deputy Director of Education of the District.
Managements of unaided schools shall provide adequate mechanism for redressal of grievances of teachers.
108108
Rule 20. Academic authorityRule 20. Academic authority
The State Government shall notify an academic authority for the purpose of
section 29 within two months from the date of notification of the rules.
ensure the implementation of the provisions in sub clauses (a) to (h) of
clause 2 of sn 29 of the Act.
formulate the relevant and age appropriate syllabus and text books and
other learning materials including those for imparting basic life skills.
prescribe minimum learning outcomes for each subject from class 1 to 8
and develop performance indicators for students and schools along with
accountability criteria of teachers for children’s learning levels.
develop in-service teacher training material based on the learning
outcomes,
continued…..109109
design training course for pre-service and in-service training of teachers
for imparting education to children with disabilities in accordance with
the Persons With Disabilities Act 1995.
prepare guidelines for putting into practice continuous and
comprehensive evaluation and
commission and undertake research and studies on policies,
programmes, curriculum and learning outcomes of children.
A continuous school rating system based on a five point scale shall be
developed on parameters like student achievements physical infrastructure,
teacher training, extra curricular activities, to improve overall quality.
The schools falling in the last two categories on the five point scale shall
be targeted for remedial measures within a definite timeframe. They
shall also be given opportunities to improve their rating.
110110
111
Continuous and Comprehensive Evaluation (CCE)Features of CCE
Refers to a system of school based evaluation of students and their
development
Takes care for ‘continual’ and ‘periodicity’ of evaluation
Continual means – assessment in the beginning of instruction
(placement evaluation) – assessment during the instructional process
(formative evaluation) using multiple techniques of evaluation
Periodicity means – assessment of performance done frequently at the
end of unit/term (summative using criterion based test and employing
multiple techniques of evaluation
The ‘comprehensive’ component takes care of around development of
child's personality – includes scholastic and co-scholastic aspects of the
people growth
Scholastic includes curricular or subject specific areas Co - Scholastic
includes co-curricular and personal social qualities, interest, attitudes and
values
Assessment in scholastic are done informally and formally using multiple
techniques of evaluation continually and periodically
Assessment in Co- scholastic is done using multiple techniques on the basis
of identified criteria , and social personal qualification by indicators
112
Rule 21. Award of certificateRule 21. Award of certificate
The certificate of completion of elementary education along with the
student Health Card shall be issued at the school level within one month of
the completion of elementary education.
The certificate referred to in sub-rule (1) shall contain the pupil cumulative
record of the child and his/her achievements in sports and in extra-
curricular activities.
113113
Rule 22. PROTECTION OF RIGHTS OF CHILDRENRule 22. PROTECTION OF RIGHTS OF CHILDREN
The State Government shall provide resource support to the State
Commission for Protection of Child Rights in performance of its
functions under the Act.
The Commission have all the powers of a Civil Court trying a suit
under the Code of Civil Procedure 1908. Have the power to forward
any case to a Magistrate having jurisdiction to try the same under
section 346 of the Code of Criminal Procedure.
114114
Rule 23. Performance of functions by the State Commission Rule 23. Performance of functions by the State Commission for Protection of Child Rightsfor Protection of Child Rights
Till such time as the State Government shall set up the State Commission
for Protection of Child Rights, it shall constitute an interim authority known
as the Right to Education Protection Authority (hereinafter in this rule
referred to as the REPA) for the purpose of performing the functions
specified in sub-section (1) of section 31, within six months from the date
of notification of the rules.
115115
116
The Commissions for Protection of The Commissions for Protection of Child Rights Act, 2005 Child Rights Act, 2005
andandThe Persons with Disabilities Act, The Persons with Disabilities Act,
1995 1995 in the context of the in the context of the
RTE Act 2009RTE Act 2009
117
The Commission for Protection of Child Rights Act, 2005 and Rules
2006 provides speedy trial of offenses against children for violation of
child rights and for matters connected there with or intended there
to.
Role and responsibility of Commission for Protection of Child Rights Act, 2005
118
Functions of Commission
Examine and review the safeguards provided by or under any law for
the time being in force for the protection of child rights and
recommend measures for their effective implementation;
Present to the Central Government, annually and at such other
intervals, as the Commission may deem fit, reports upon the working
of those safeguards;
Inquire into violation of child rights and recommend initiation of
proceedings in such cases;
119
Examine all factors that inhibit the enjoyment of rights of children affected
by terrorism, communal violence, riots, natural disaster, domestic violence,
HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography
and prostitution and recommend appropriate remedial measures;
Look into the matters relating to children in need of special care and
protection including children in distress, marginalized and disadvantaged
children, children in conflict with law, juveniles, children without family and
children of prisoners and recommend appropriate remedial measures;
Study treaties and other international instruments and undertake
periodical review of existing policies, programmes and other activities on
child rights and make recommendations for their effective implementation
in the best interest of children;
120
Undertake and promote research in the field of child rights;
Spread child rights literacy among various sections of the society and
promote awareness of the safeguards available for protection of these
rights through publications, the media, seminars and other available means;
Inspect or cause to be inspected any juvenile custodial home, or any other
place of residence or institution meant for children, under the control of the
Central Government or any State Government or any other authority,
including any institution run by a social organisation; where children are
detained or lodged for the purpose of treatment, reformation or protection
and take up with these authorities for remedial action, if found necessary;
121
Inquire into complaints and take suo motu notice of matters relating to,-
Deprivation and violation of child rights;
Non-implementation of laws providing for protection and development
of children;
Non-compliance of policy decisions, guidelines or instructions aimed at
migrating hardships to and ensuring welfare of the children and to
provide relief to such children, or take up the issues arising out of such
matters with appropriate authorities; and
Such other functions as it may consider necessary for the promotion of
child rights and any other matter incidental to the above functions.
122
The Persons with Disabilities Act 1995ensure and promote the full realization of all human rights and
fundamental freedoms for all persons with disabilities without
discrimination of any kind on the basis of disability.
123
Definition ‘Abuse’ means any mental, physical, sexual, psychological, emotional and
social mistreatment of any person with disability which has the tendency
to cause serious emotional, mental, physical, and/or sexual injury and
includes physical, sexual, verbal or emotional abuse and economic abuse
which thereof shall be understood as:
It includes Physical abuse, Sexual, Verbal & emotional abuse, Economic
abuse.
‘Barrier’ means any factor that impedes or obstructs the full and effective
participation, of a person with disability in society. This will include
attitudinal, social, economic, environmental, institutional, political or
structural obstructions;
124
‘Disadvantage’ means any restriction on or denial of a right, freedom,
entitlement, remuneration, goods, benefit, accessibility, service provision,
opportunity, license or any other social, political, economic, cultural or civil
interest; and includes any segregation of a person or a group of persons to
whom one or more prohibited grounds apply in comparison to others;
‘Discrimination on the basis of disability’ means any distinction, exclusion or
restriction on the basis of disability which has the purpose or effect of
impairing or nullifying the recognition, enjoyment or exercise, on an equal
basis with others, of all human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field. It includes all
forms of discrimination, including denial of reasonable accommodation;
125
‘Persons with disabilities’ are persons with any physical, mental,
intellectual, developmental or sensory impairments which in interaction
with various barriers may hinder full and effective participation in society
on an equal basis with others;
It also means persons with autism spectrum conditions; blindness, cerebral
palsy, deaf blindness, dyslexia, low-vision; haemophilia, thalassemia,
leprosy affected, hearing impairment; speech impairment, specific learning
disabilities, locomotor impairment; mental illness, chronic neurological
conditions, mental retardation; muscular dystrophy, multiple sclerosis,
multiple disabilities which in interaction with various barriers prevents full
and effective participation in society on an equal basis with others;
126
‘Violence’ means any random or unprovoked act or threat of such act on
any person with disability or her or his property with a motive to cause
harm, injure, destroy, damage or humiliate them and includes any act or
omission that harms or injures or endangers the health and harasses etc.
The Act also guarantees Right to Education of Women and Girls with
Disabilities (sn. 7B) and Right of Children with Disabilities in Sn. 8A Under
Sn. 8B all children with disabilities have a right to be protected against
violence, abuse and exploitation.
Rule 24. Manner of furnishing complaints before the State Rule 24. Manner of furnishing complaints before the State Commission for Protection of Child Rights or the Right to Commission for Protection of Child Rights or the Right to Education Protection AuthorityEducation Protection Authority
The State Commission for Protection of Child Rights, or the Right to
Education Protection Authority (hereinafter in this rule referred to as
REPA), shall set up a Child Helpline which would register complaints
regarding violation of rights of the child under the Act, which shall be
monitored by it through a transparent on-line mechanism.
127
Rule 25. Constitution of the State Advisory CouncilRule 25. Constitution of the State Advisory Council
The State Advisory Council (hereinafter in this rule referred to as
the Council) shall consist of a Chairperson and fourteen Members.
The Minister in-charge of General Education shall be the ex-officio
chairperson of the Council.
Members of the Council shall be appointed by the State Government
from amongst persons having knowledge and practical experience in
the field of elementary education and child development.
continued…..
128128
at least three members should be from amongst persons belonging to
Scheduled Castes, Scheduled Tribes and minorities:
at least one member should be from amongst persons having
specialized knowledge and practical experience of education of children
with special needs:
one member should be from amongst persons having specialized
knowledge in the field of pre-primary education.
at least two members should be from amongst persons having
specialized knowledge and practical experience in the field of teacher
education, child health and nutrition.
129
the following shall be ex-officio members of the Council:-
Secretary, General Education and Literacy
Director of Public Instruction
Head, Department of Education, from any University of Kerala (nominated)
Chairperson, Right to Education Protection Authority or Chairperson, State
Commission for Protection of Child Rights
State Project Director shall be ex-officio Member Secretary and secretarial
support will be provided by the SSA or an officer nominated by the State
Government
One third of all members shall be women.
The Council may invite representatives of other related departments/
organizations as required.
130130
Rule 26. Functions of the State Advisory CouncilRule 26. Functions of the State Advisory Council
The State Advisory Council shall function in an advisory capacity.
The State Advisory /Council shall perform the following functions,
namely:-
advise the state government on implementation of the provisions of the
Act in an effective manner.
assess the levels of school education and analyse survey reports on
student attainments.
review compliance with:-
i) norms and standards specified in the Schedule and in the KER
ii) provision of effective system of pre-service and in-service teacher
training from pre-primary level upwards.
131
iii) delivery of quality education to children with special needs.
iv) implementation of section 29;
commission studies and research for the effective implementation of
the Act
co-ordinate with the National Advisory Council.
act as an interface between the public and the media and the State
Government in creating awareness, mobilization, and a positive
environment for the implementation of the Act.
The State Advisory Council shall prepare reports relating to the
reviews, studies and research undertaken by it and furnish the same to
the State Government.
132
Thank youUpdated on 01.07.2011
133
Awareness Raising
In order to ensure that the Rights recognized in these legislations
viz, The Commission for Protection of Child Rights Act, Right to Education Act,
The Persons with Disabilities Act, are respected, protected and promoted, it
is important that both state and civil society shall device suitable information
dissemination programmes/campaigns and sensitization programmes which
raise awareness on the direct and indirect discrimination directed against
child rights, against Right to Education and persons with disability and
especially women and children, mass education campaigns; information and
technology linked dissemination programmes shall be employed as a
measure to prevent any sort of discrimination.