1. Amit Kaushik Private Schools and the Poor School Choice National Conference New Delhi 16 th December, 2009

2. Background  Right to Education linked to a fundamental debate at the time of writing the Constitution  Related to governance itself, whether to include universal adult franchise or not Opponents argued that providing a right to vote to all, when most were illiterate, would negate democracy  Art 45 introduced as a compromise “The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years” (emphasis added) Only Directive Principle with a time frame, indicating that our leaders were not prepared to give more than ten years to establish democracy on the bedrock of universal education

3. The Right of Children to Free & Compulsory Education Act, 2009  Every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education  Obligation on the State, not on the child  Within 3 years, appropriate government to ensure establishment of schools in the defined neighbourhood

4. Responsibilities of Government  Provide free elementary education to every child of the age of six to fourteen years  Ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years  Ensure availability of a neighbourhood school  Ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds  Provide infrastructure including school building, teaching staff and learning equipment  Provide special training facility  Ensure and monitor admission, attendance and completion of elementary education by every child  Ensure good quality elementary education conforming to the standards and norms specified  Ensure timely prescribing of curriculum and courses of study for elementary education  Provide training facility for teachers

5. Responsibilities of local government  In addition, local governments must Maintain records of children up to the age of fourteen years residing within their jurisdiction Ensure admission of children of migrant families Monitor functioning of schools within their jurisdiction Decide the academic calendar

6. Responsibilities of Schools  Government schools – Full  Aided schools – To the extent of aid received  Specified schools – at least 25%  Unaided schools – at least 25%

7. Section 12 of the Act (1) A school,— (a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein; (b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent.; (c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent. of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion: Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education. (2) The school specified in sub-clause (iv) of clause (n) of section 2 providing free and compulsory elementary education as specified in clause (c) of sub-section (1) shall be reimbursed expenditure so incurred by it to the extent of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed: Provided that such reimbursement shall not exceed per-child-expenditure incurred by a school specified in sub-clause (i) of clause (n) of section 2: Provided further that where such school is already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or at a concessional rate, such school shall not be entitled for reimbursement to the extent of such obligation.

8. Likely Challenges  Definition of neighbourhood  Identification of “disadvantaged groups” and “weaker sections”  “At least 25%”??  Monitoring utilisation of the 25% quota in private schools  Disincentive to attach preschools  Integrating disadvantaged children in upper-end private schools  Expenses over and above tuition fees  Preparing teachers to deal with diverse children  Status of unrecognised private schools  Ensuring quality and learning outcomes

9. Public Vs Private Schools  “...I did find that any lead that private schools show in their learning outcomes over government schools can be completely explained away by...: (1) students’ socio-economic background, (2) students’ initial levels, (3) rote/procedural nature of learning tested. In other words, if you control for factor 1, look for improvements between say grade 3 and grade 7 (to nullify any initial advantage) and the test is not rote/testing procedural knowledge only, I do not believe private schools show any advantage over government schools.” (EI)  Similar reports from ASER 2009

10. Larger Picture and Implications  Unaided schools under private management around 7-9%, i.e., around 75000; estimated to account for around 20-30% enrolment  Majority likely to be pleased with 25% clause  Children of poorer parents in general, and most children in poorer States, tend to attend government schools  Across the world, universal elementary education has been achieved through government efforts; a need therefore to improve the government system

11. Some Questions  PPP in education, using best practices from the private sector is definitely a possibility; however, should there be overall supervision by government? If so, what form should it take?  Implications of quality standards prescribed by the Act for the unrecognised schools?  Practicality of the voucher system in rural areas  Mixed evidence about its effectiveness

12. Thank you Questions/comments: mail.amitkaushik@gmail.com