The Right to Education Act & Its Implementation

 Discussion Note

The Right to Education Act & Its Implementation

Some Concerns

1.     Background

The pre-budget Economic Survey of 2/11/2011, called for more reforms and bold decisions in education sector, including smooth implementation of the Right to Education Act, to make the most of India’s young population for economic growth.

“Reaping the demographic dividend needs a vision, a long-term plan, and bold decisions,” the Economic Survey tabled in Parliament said.

It said that given the advantage of a young population, the realization of the demographic dividend is another factor that calls for reforms in the education and health sector.

The RTE Act “must face no implementation deficit for it to work towards realizing the demographic dividend,” it said.

Keeping this bold vision in mind, the document below outlines some possible areas of discussion to further embolden and strengthen this landmark legislation.

2.     Discussion Issue 1: Improving accountability structures between states and center

RTE clauses:

·         Chapter 3, Clause 7 sub-clause 1, states that both Central as well as State governments will have concurrent responsibility for implementing RTE.

·         Chapter 3, Clause 7 sub-clauses 1 and 2, state that the Central government in consultation with state governments will allocate certain percentage of the RTE costs to the state government which will be revised from time to time.

·         Chapter 7, Clause 38, sub-clause 1, states that “appropriate” government is responsible for implementing the provisions of the act without outlining the clear distinctions among central and state governments by provision, thus creating ambiguity in accountability.

Issues:

·         The exact delineation of responsibilities has not been defined in terms of implementation of the bill between the center and the states. Further, we may consider if there is a need for a clearly defined process in case of conflict or differing interpretations of a provision.

·         In terms of funding, there appears to be lack of clarity in terms of allocating funds for implementation of the act. A clear minimum percentage has not been defined for the central as well as state governments, which may be advisable. Also, certain states may not be on board regarding the financial implications of RTE incumbent on the state government, and we may consider ways of addressing that situation.

·         At every level of implementation, accountability along with a timeline needs to be clearly established without which the implementation of the bill may suffer. This is clearly indicative in the RTE report card presented by MHRD to the parliament which lists that only 10 states have notified RTE rules in the respective states and only 11 states have constituted SCPCR/REPA.

Implications:

·         The responsibility for providing funds for RTE implementation and the responsibilities for successful implementation of all provisions of RTE need to be clearly defined between the center and state in order to eliminate confusion due to education being a concurrent subject.

3.     Discussion Issue 2: Need for additional teachers

RTE Clauses:

·         Chapter 4, Clause 25, sub-clause 1 of the RTE states that a teacher student ratio of 1:30 should be maintained by the said government or relevant authority within 6 months of notification of the act

·         Chapter 3, Clause 6 states that neighborhood schools should be set up within 3 years.

·         Chapter 4, section 23, sub-section 2 states that depending on availability of trained staff, a relaxation in qualification norms for teachers may be provided for a maximum period of 5 years.

Issues:

·         While the Act prescribes an ideal teacher to student ratio of 1:30, the implementation of this will be challenging due to shortage of qualified teachers, especially among subject teachers. It is estimated that in addition to filling current vacancies, an additional 5.1 lakh qualified teachers need to be appointed by the government. Furthermore, current teachers that do not meet the qualification requirements prescribed by the RTE will have to acquire the necessary qualifications or be replaced by qualified teachers.

·         While there is a stress in the act on the teacher qualifications, it remains silent on measures for assessing teacher quality which may underline the shortfalls of our current teacher training programs.

Implications:

·         A direct implication of the prescribed teacher-student ratio is teacher shortage especially for specialized subjects. While it is understood that there is no uniform teacher shortage even in states like Uttar Pradesh, with substantial numbers of of potential teachers with B.Ed degrees who can be recruited, the problem appears to arise after class 5, since a ‘general’ teacher cannot handle all subjects from class 6 and there is a need for subject teachers. Existing resources, infrastructure and lack of training staff may be bottlenecks in generating a large much needed force of well trained teachers.

·         Another potential issue arises as while there is a huge number of potential B.Ed, M.Ed, teachers available, the quality of their training has been put under question in various forums. This may yet manifest into a “general” teacher shortfall for classes 1 to 5 when their qualification is put under a rigorous quality test, much like a NCTE qualification exam. This is a big unknown and mechanisms may need to be put in place to identify quality teachers and not just individuals with a degree.

·         In order to meet the teacher shortage, especially for subject teachers, we may consider substantial expansion of teacher education programs.

·         Also the quality of existing programs needs to be reviewed in order to meet the quality norms that may be specified. A mechanism has to be put in place for standardized delivery, quality and content of all teacher training programs across India. A step in this direction has been the “Teacher Qualification Test” that has been introduced in some states.

·         Alternate ways to attract quality teaching to meet the teacher shortage needs to be further discussed

·         Current under-qualified teachers may have to leave the system creating further teacher shortage. Due consideration needs to be given to retaining existing teachers in the system by providing alternate ways of teacher qualification based on certain required outputs.

·         Government may consider permitting genuine decentralized planning for a cluster of schools and do away with the norm or template based planning under Sarva Shiksha Abhiyan. It is possible that unless each cluster does an assessment of the kind of teachers and the number of teachers needs, a state cannot get a realistic picture.

4.     Impact on Low Income Private Schools

RTE Clauses:

·         Infrastructure Requirements:

·         Chapter 4, section 18, sub section 1 states that no school can be established or function without obtaining a certificate of recognition

·         Chapter 4, section 19, sub section 1 and 2 state that no school shall be established or recognized unless it fulfills the norms and standards specified in the Schedule

·         The Schedule prescribes the following as norms and standards for school infrastructure:

An all weather building consisting of

o   At least one classroom for every teacher and an office-cum-store-cum-Head teacher’s room

o   Barrier free access

o   Separate toilets for boys and girls

o   Safe and adequate water facility to all children

o   Kitchen where mid day meal is cooked in the school

o   Playground

Issues:

·         The Act says that every school needs to have all-weather building with provision of one classroom for every teacher and separate toilets for boys and girls. A survey on 'Elementary Education in India: Progress Towards Universalisation of Elementary Education', conducted by the National University for Educational Planning and Administration (NUEPA), has found that nearly half of the 1.29 million recognized elementary schools in the country do not have separate toilets for girls.

·         Low income private schools are likely to be hit hard by these specifications. These schools (charging monthly fee of Rs. 70-150 in rural areas and upto Rs. 350 in urban areas) cannot meet the infrastructure requirements specified in the Act. Many of them are located in slums inhabited by low income households, unable to adhere to the infrastructure requirements. The teachers in many of these schools are do not meet RTE recommendations for qualifications and do not have the access and the means to get themselves qualified, thereby leading to teacher shortage in these schools. All of this will negatively impact the lesser privileged children served by these schools.

·         Lastly, the infrastructure norms should apply to government schools as well as a large number of government schools may not meet these norms. The district administration must be held responsible for upgrading the infrastructure of government schools just like private schools within the stipulated time-frame of 3 years from the date of enactment.

Implications:

·         Low income private schools are alternatives for parents who cannot afford tuition fees of established/recognized private schools and those that do not have access to Government schools. These schools, which are extremely cost efficient, operate mostly in rural areas or urban slums, and provide essential educational services to the poor. Such schools will find it impossible to meet the norms and standards specified in the schedule of the Act. This may lead to large scale closures. Children served by these schools may not find an alternative source of education

·         Private schools may transform into supplementary tuition centers or private academies or worse still, resort to underhanded means to acquire the certificate of recognition, rather than deal with the bureaucratic wrangles engendered by the process of seeking recognition

·         Teachers in low income private schools, who may lack necessary qualifications specified by the Act may not have access and the means to get themselves qualified on time leading to teacher shortage. The teacher to student ratio of 1:30 specified by the Act will be difficult to achieve under these circumstances. Innovative ways of granting accreditation without compromising high standards would be required.

·         Clearly low-income private schools exist and modestly prosper despite the availability of free-of-charge government school education, because these schools serve a purpose and are demanded by parents. These schools are not great but in many cases are better than the Municipal schools. Therefore the stringent norms and standards mandated by the Act need to be diluted to enable private schools to survive and improve gradually.

·         Shutting down schools found to be deficient in terms of required norms and standards, instead of enabling a gradual transition process with continuous monitoring is not a wise move, given that the overall demand for primary education is greater than supply.

·         If all low cost private schools were to shut down. The Government schools cannot cope with the numbers. This is particularly so in urban areas that caters to migrants and in slum areas / new settlements etc.

·         Lastly, the government should itself adhere to the same standards to which it subjects its citizens. This translates to the fact that the RTE norms should apply to government schools as well as it is illogical to say that under par norms in private schools impact student learning but it is not the case in government schools. If not, then the norms need to be reviewed and standardized across both private and government schools.

5.     Assimilation of 25% children from weaker sections in society

RTE Clauses:

·         Chapter 4, Clause 12, sub-clause 1c of the RTE mentions that private schools should accept at least 25% of their incoming class of students from weaker sections and disadvantaged groups in the neighborhood.

·         Chapter 4, Clause 12, sub-clause 2 mentions that the private school will be reimbursed to the extent of per child expenditure by the state or actual fees charged by school, whichever is less.

Issues:

• While the objective behind this clause is laudable, it needs to be further detailed out in terms of processes and resources required to support the process of integration both from a school perspective and from the perspective of the families of the children.

·         The act needs to further detail out processes for integration and safeguards against discrimination, to enable a seamless assimilation.

·         The act needs to further specify the resources required for successful assimilation including financial and non-financial resources at school and at home for these children.

·         Further the funding required for successful implementation for this clause and the accountability for these funds needs to be determined.

·         Many parents may not be aware of their rights under RTE and also about the schools best suited to the needs of their children, considering the wide variation in terms of quality and operations of private schools. Such parents may need adequate support to choose the best schools for their children.

Implications:

• The government needs to frame guidelines for schools around assimilation of these kids covering all areas including the following areas:
• Non Financial Resources: Such kids may need additional resources to bring them at par including resources to be provided at homes which may include things like additional teaching aids, computers, internet etc. besides additional teaching hours.
• Financial Resources: The government needs to determine the quantum of funds required to implement this clause and mechanisms to reimburse the schools for the expenses incurred. In addition the responsibility for generating these funds must also be clearly identified.
• Implementation & Monitoring: Responsibilities for implementation needs to be clearly spelt out and a system needs to be put in place to gauge the success of the assimilation process and undertake corrective action if deemed necessary. This should also include guidelines and consequences in cases of discrimination against such children
• Parents from low income backgrounds need to be counseled about their rights and the school best suited to their child’s need in the neighborhood

6.     Pre-School Education not covered under Right to Education

RTE Clauses:

·         Chapter 3, Clause 11 of the act states that in order to prepare a child for elementary education and early childhood care, it is imperative to provide free pre-school education for all children between the age group of 3 to 6 years.

·         As a sub-text, it further states that this is not covered under RTE and an “appropriate” government should provide pre-school education for all children in the said age group.

Issues:

·         The RTE while recognizing the need for pre-school training for children between the age groups of 3 to 6 years; does not guarantee the same as a right under the RTE and leaves the onus of providing the said education to other related schemes like ICDS etc.

Implications:

The intent of the clause is laudable but without the clause being enforceable under RTE, it may not translate into effective implementation

·         It also needs to be further discussed, whether pre-school education needs to under the ambit of RTE or ICDS

·         Also, it needs to be further discussed as to what constitutes pre-school education and how to integrate pre-school education into the proposed national curriculum (Chapter 3, Clause 6, sub-clause ‘a’) so that pre-schooling seamlessly integrates into elementary education

·         The methodology and the resources required for identifying and enrolling all children between ages 3 to 6, in pre-schools, taking into account the fact that just like RTE; this may require setting up new pre-schools. Clear ownership of responsibilities and clear allocation of funds is also required to implement this provision in RTE

7.     Admission into Age Appropriate Classes

RTE Clauses:

·         Chapter 2, Clause 4, states that a child above 6 years of age shall be admitted in an age appropriate class, even if the child has never been to a formal school before. The clause further talks about special education to bring the child on par with other kids

Issues:

·         As per RTE, children have to be granted admission into age appropriate classes without taking into account the skill level. The onus is upon the school, the teacher and the “appropriate” government to ensure that the student is able to close the achievement gap before completion of elementary education. The act is silent on the methodology to achieve the aim subscribed in the clause.

Implications:

The current provision seeks eradicating educational inequity through an act of law whereas experience across school systems show that in order to close education inequity gaps, the following aspects need to be further thought through:

·         Teacher training to cater to differentiated class-rooms catering to different learning levels in the same class

·         Teaching resources including funding to support extra classes, additional teaching aids, special teaching methodologies required to close the educational gap

·         Further research the thought that in an academic year, even the best of teachers can close only a certain amount of academic achievement gap, and there may be a need to research and `debate whether it is possible to admit children in age appropriate classes after a certain grade level

·         Also keeping in mind the stress levels, both mental and psychological, on the child when thrust into a class of a far superior learning level and ways and means to tackle the same

8.     Lack of Learning Outcomes

RTE Clauses:

·         Chapter 5, section 29, sub section 1 and 2 provide for curriculum development and evaluation by academic authority as specified by the appropriate government.

·         Chapter 4, section 16 provides that the child should not be held back in any class.

Issues:

·         As has been pointed out by many, the act gives a lot of importance to the inputs like food, infrastructure and facilities, supplies etc. but fails to outline the outcomes that all these inputs should generate. While it is undisputable that we need inputs, it is also true that without a clear vision of what output these said inputs should generate and how we would determine their achievement, even the best inputs may be rendered useless. The policy to accept students in a class appropriate to their age regardless of learning levels promotes a culture of just “sailing through” school.

Implications:

• The lack of clear and focused, national, grade level educational outcomes will give rise to regional disparities in the quality of education.
• In the absence of set standards for assessment at the national level, students are not measured on the same scale resulting in skewed examination results based on region, thereby giving rise to issues with university admissions.
• Promoting the child to the next grade by default every year further increases the learning and achievement gap in the absence of clearly laid down procedures for remediation and effort to bring the child up to speed.

9.     Other issues:

• Grievance Redressal under the RTE is non-existent or weak, including the ‘good faith’ clause that has no place in a law of this nature.
• Capacity building of community based organizations to undertake robust ground-up monitoring may be considered.
• Equity and inclusion of children from Dalit, tribal, denotified and nomadic tribal communities, and minority communities including Muslims may need focused attention.
• The National Commission for Protection for Child Rights (NCPCR) which is mandated to monitor RTE is located under the ministry of Women and Child Development, whereas the implementation of the Act is the responsibility of Department of Education in the HRD ministry. The effective channels of authority, monitoring and accountability are hence unclear.