1. 1 An Overview of The Right of Children to Free and Compulsory Education Act, 2009 And The AP Right of Children to Free and Compulsory Education Rules, 2010

2. 2 The Beginnings of RTE Act 86 th Constitutional Amendment of 2002 Article 21-A inserted in Fundamental Rights stipulates that The State shall provide free and compusory education to all children of the age of 6 – 14 years in such manner as the State may, by law, determine...it shall come into force from such date as the Central Government may by notification in the Official Gazette, appoint. The Act was notified in the Gazette on August 27, 2009 and has been in effect since. The AP Right of Children to Free and Compulsory Education Rules, 2010 have been in force from April, 01, 2010.

3. 3 Chapter I - Definitions Some of the key definitions: Capitation Fee: Any donation/contribution/payment other than fee identified by School Child: Male or Female child of the age 6 – 14 year Child belonging to disadvantaged group – SC/ST and group having disadvantage due to social, cultural, economic, geographic, linguistic, gender or other factor, as specified by the appropriate government Elementary Education: Education from Class 1 – 8 School – any recognized shcool imparting elementary education Screening procedure – method of selection for admission of a child in preference over another, rather than a random method

4. 4 Chapter II – Detailing of Rights Right of child to free and compulsory education in a neighbourhood school till completion of elementary education. Removing of all financial barriers to pursuing and completing elementary education. Not enrolled/drop out children should be admitted to age appropriate class  Special Training to enable such children to be on par with others  Child so admitted entitled to completion of EE even after 14 Softens barriers such as TC when a child is required to move from one school to another. The child has the right to seek a transfer to any school, and in this process, delay in producing a TC shall be a reason for denying or delaying admission.

5. 5 Chapter III – Duties of Appropriate Government, Local Authority and Parents Appropriate Government: Establish a neighbourhood school within walking distance – 1 km for Primary and 3 kms for Upper Primary Provide free and compulsory education to every child admitted in a school that is established, owned, controlled or financed by the appropriate government or local authority. The term compulsory education places the obligation on the appropriate government and local authority to ensure  compulsory admission, attendance and completion of EE by every child of the age 6 – 14 – ensure and monitor.  That children belonging to weaker section and disadvantaged groups are not discriminated against  Provide infrastructure – building, teaching staff and learning equipment  Ensure good quality education – curriculum, courses of study, teacher training facility

6. 6 Chapter III – Duties of Appropriate Government, Local Authority and Parents Local Authority: (In addition to duties specified for Appropriate Govt.) Maintain records of children residing within the jurisdiction. Ensure and monitor admission, attendance and completion fo EE by every child within the jurisdiction Ensure admission of children of migrant families Decide the academic calendar Duty of Parents and Guardians – to admit child/ward to an EE in neighbourhood school. The Central and State Governments have concurrent responsibility for providing funds. The Central Government is responsible for:  Developing framework of national curriculum  Developing and enforcing teacher training standards  Provide technical support to State Govt., for innovations and research.

7. 7 Chapter IV: Responsibilities of Schools All Government and Local Authority Schools must provide free and compulsory education to all children admitted. All Government Aided Schools must provide free and compulsory education to children in same proportion as the grant received is to the total recurring expenditure, subject to a minimum of 25%. Unaided Schools – at least 25% of the strength of Class I must be of children belonging to weaker section and disadvantaged group in the neighbourhood. Reimbursement by the State. There shall be no capitation fee or screening procedure. No child shall be denied admission for lack of proof of age or because of late application. There shall be no detention or expulsion of any child. There shall be no physical punishment or mental harrassment. All schools must be recognized with specified norms and standards. Every school must have an SMC which prepares a School Development Plan.

8. 8 Chapter IV: Responsibilities of Teachers Should meet the minimum required qualifications as laid down by an academic authority. Should maintain punctuality and regularity; complete entire curriculum within the specified time; assess the learning ability of each child and take appropriate action; hold regular meetings with parents/guardians and give feedback; perform other duties as prescribed. Is liable to disciplinary action in case of default in performance. Is entitled to grievance redressal as prescribed. The Teacher-Pupil ratio should be 1:30 for primary and 1:35 for upper primary. Therefore, teachers may not be posted to another school or office or deployed for any non-educational purpose other than census, disaster relief or election duties. No teacher shall undertake private tuition.

9. 9 Chapter V: Curriculum and Evaluation Should be laid down by an academic authority specified by the State The curriculum shall:  Be in conformity with the Constitutional values.  Ensure all round development of the child and build up the child's knowledge, potential and talent.  Ensure child-friendly and child-centred learning methods  Ensure mother tongue medium of instruction as far as practicable  Make the child free of fear, trauma and anxiety  Ensure comprehensive and continuous evaluation of child's knowledge and application No board examination till completion of elementary education Every child completing EE shall be awarded a certificate

10. 10 Chapter VI: Protection of Rights of Children NCPCR and SCPCR to monitor the Child's Right to Education. Constitution of National Advisory Council to advise the Central Government on implemention of the provisions of the Act. Constitution of State Advisory Council to advise the State Government.

11. 11 Norms and Standards for a School – The Schedule Pupil – Teacher ratio: 1:30 for PS and 1:35 for UPS. Building – All weather building consisting of (i) at least one classroom for each teacher and an office/store/HM room; (ii) barrier free access; (iii) separate toilets for boys and girls; (iv) safe and adequate drinking water; (v) kitchen for cooking midday meal; (vi) playground; (vii) compound wall. Minimum number of working days – 200 for classes 1 to 5 and 220 for classes 6 to 8. Minimum working hours for teachers – 45 hours per week inclusive of teaching and preparation. TLM as required; Library in each school; Play material, games and sport equipment as required.

12. 12 Andhra Pradesh RTE Rules, 2010 The Andhra Pradesh Right to Free and Compulsory Education were first issued vide G.O.Ms.20, School Education (P.E.Prog.I) Department, dated 03.03.2011. Amended vide G.O.Ms.130, School Education (P.E.Prog.I) Department, dated 09.09.2011 to include Child Grievance Redressal and guidelines for the formation and functioning of. Amended vide G.O.Ms.41, School Education (PE-SSA) Department, dated 19.06.2013, to rename the Rules as APRTE Rules and issue guidelines for the formation and functioning of SMCs.

13. 13 Andhra Pradesh RTE Rules, 2010 Rule 3: Some Key Definitions - Free Education – Providing EE to all children with no direct costs like fees/capitation fees, or indirect costs. The Govt shall provide free textbooks, notebooks, midday meals, and uniforms. - Neighbourhood area of a school – Habitations in a safe walking distance of 1 km for a Primary School, 3 kms for a UP/HS having classes VI – VIII. - OSC – child in the age group of 6-14 who has not completed EE or has been absent from school for more than a month. - Specified category of schools – Residential schools including KGBV, APRIES, APTWREIS, APSWREIS, Ashram Schools, Sports schools. - Academic Authority – SCERT - Implementing Authority – SPD, SSA and includes C&D,SE

14. 14 Andhra Pradesh RTE Rules, 2010 Rule 4: Special Training for OSC lays out the modalities for delivering Special Training and designates the SMC or Local Authority as responsible for identification of OSC and organizing the Special Training. Rule 5: Access to Educational Facilities  Defines the limits of a neighbourhood within which a school is to be established, takes into consideration a population of at least 20 children.  Emphasizes the need for upgrading PS and UPS up to Class VIII.  Focuses on ensuring that the location is in a safe place, and provision of free transportation and residential facilities.  Focuses on removing social and cultural barriers to access.  Focuses on meeting the need of CwSN

15. 15 Andhra Pradesh RTE Rules, 2010 Rule 6: Duties of State Government and Local Authority  Focus on CwSN and creation of barrier free environment  Ensure of that no child is subjected to discrimination based on caste, class, religious or gender or denied admission on these grounds  Ensure that no discrimination is practised in the school against children belonging to weaker section or disadvantaged group. Rule 7: Maintenance of Records  Household Survey by Local Authority to maintain a record of all children.  Evolve a child tracking system that tracks academic progress, retention, transition and migration.  Set up seasonal hostels/onsite schools for migrant children.

16. 16 Andhra Pradesh RTE Rules, 2010 Rules 14 - 18: School Recognition – lays down the rules for granting recognition to a school – includes process, provisional certification, withdrawal of recognition, appeal and revision. Rule 19: School Management Committee – G.O. Ms.41 dated 19.06.2013 lays down the modalities for SMC functioning. Every school shall have an SMC with the following composition:  3 elected members – parents/guardians  6 ex-officio members – Head Teacher, Additional Teacher nominated by MEO, Concerned Corporator/ Councillor/ Ward Member, Anganwadi Worker, ANM, President of Mahila Samakhya  2 Coopted members – School supporters  Local Authority Chairperson may attend at his/her discretion

17. 17 Andhra Pradesh RTE Rules, 2010 Rule 25: Academic Authority – SCERT – Responsible for formulating State Curriculum Framework, designing CCE and designing and implementing holistic quality assessment of all schools on a regular basis. Rule 26: Award of Certificate on completion of EE. (Form 5 of the appendix) Rules 27 and 28: Constitution and functions of monitoring bodies – REPA/SCPCR and State Advisory Council. Rule 28A – Sets up the system for Child Grievance Redressal from the Gram Panchayat to the State.

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