WELCOME 1 Lida Jacob IAS Retd Commission for

WELCOME 1

Lida Jacob IAS (Retd) Commission for Right to Education Act January 2011 Commission for Right to Education Housing Board Building, First Floor, Thiruvananthapuram-1 0471 -2329272 0471 -2325272 Email: rtekerala@gmail. com www. education. kerala. gov. in 2

The Right of Children to Free and Compulsory Education Act, 2009 & The Right of Children to Free and Compulsory Education Kerala Rules 2011 G. O (P) No. 100/2011/G. Edn. Dated, Thiruvananthapuram 30 th April 2011 3

Introduction RTE Act has come into effect from 1 st 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. 4

The TEN Functions of the Right to Education Act 2009 Makes education Free and Compulsory and responsibility of the state Curriculum as per Constitutional Values Pushes for Social Reform Ensures Quality of Teachers Puts power in hands of people Defines Norms for Schools Removes the oppression of Exams Protects child Makes procedures more simple Govt. not liable for Free Education when parents admit child to private school. 5

Role of Stake holders 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 6

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 7

DEFINITIONS (Added by the Commission) Sn. 2 of RTE Act 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. 8

“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. 9

“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. 12

SCHOOL MANAGEMENT COMMITTEE (SMC) Rule 3. Composition and functions of the SMC To be constituted in all Govt. schools Total Membership Section 21 (1 & 2) of Right to Education Act 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 13

(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 exofficio 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 SMC Rule 3 (1) to (8) of Central Govt. Rules 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…. . 15

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 noneducational 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 PLAN Sn. 22 (1) & (2) RTE Act 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. 20

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 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. 22

Rule 6. Area or limits of neighbourhood Sn. 6 RTE Act 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 23

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…. . 24

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 childfriendly 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 Preprimary 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 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…. . 27

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 preprimary 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…. . 29

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 and local authority a child attending a school referred to in sub-clauses (i), (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…. . 31

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…. . 32

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 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…. . 35

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. 36

RESPONSIBILITIES OF SCHOOLS AND TEACHERS Rule 10. Admission of children belonging to weaker section and disadvantaged group Ø 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. Ø 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…. . 37

Ø 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. Ø 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. Ø 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 subclause (3) of section 5. continued…. . Sn. 5 (2) of RTE Act 38

Ø 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. Ø 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. Ø 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. Ø 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 Government 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-childexpenditure 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. Documents 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. 2. 3. hospital or Auxiliary Nurse and Midwife (ANM) register record; anganwadi record; 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. 41

Rule 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 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 unrecognized un-aided schools and to new schools. 43

Rule 14. Recognition to school – 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…. . 44

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 Identification Number of each child is maintained in the school. Unique 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 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…. . 47

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…. . 48

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…. . 49

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. 50

Rule 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…. . 51

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. 52

Role of National Council for Teacher Education (NCTE) 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 23 rd August 2010 which was amended by Notification on 10 th June 2011. 53

Rule 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. 54

Minimum Qualifications Class I-V v Senior Secondary (Higher Secondary)with at least 50% marks and 2 year Diploma in Elementary Education (TTC) or v Senior Secondary (Higher Secondary) with at least 45% marks and 2 year Diploma in Elementary Education (TTC) under NCTE Regulations or v Senior Secondary (Higher Secondary) with at least 50% marks and 4 year Bachelor of Elementary Education (B. El. Ed. ) or v Senior Secondary (Higher Secondary) with at least 50% marks and 2 year Diploma in Elementary Education (Special Edn. ) or v B. A. /B. Sc. /B. Com and 2 year Diploma in Elementary Education And Pass 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

Class VI-VIII v BA/B. Sc. /B. Com. and 2 year Diploma in Ele. Edn. (TTC) or v BA/B. Sc. /B. Com. with at least 50% marks and 1 year Bachelor in Edn. (B. Ed. ) or v BA/B. Sc. /B. Com. with at least 45% marks and 1 year B. Ed accordance with the NCTE regulations. or v Senior secondary with at least 50% marks and 4 year B. El. Ed or v Senior secondary with at least 50% marks and 4 year B. A. Ed. /B. Sc. Ed. or v 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. 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

Guidelines for conducting Teacher Eligibility Test (TET) under the Right of Children to Free and Compulsory Education Act, 2009 No. 76 -4/2010/NCTE/Acad Dated, 11 th February 2011 58

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. 59

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. 60

Eligibility A person who has acquired the academic and professional qualifications specified in the NCTE Notification dated 23 rd 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 23 rd 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 61

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). 62

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 “ (iii) Language II 30 “ (iv) Mathematics 30 “ (v) Environmental Studies 30 “ 63

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. 64

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. 65

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 “ (iii)Language II (compulsory) 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) 66

The test items on Child Development and Pedagogy will focus on educational psychology of teaching and learning, relevant to the age group 1114 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. 67

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. 68

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. 1 st April 2011. ) 69

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 subclause (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. 70

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. 71

Procedure for conduct of the Test The 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. 72

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. 73

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. 74

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 Paper II 26. 06. 2011 12. 30 -2 150 MCQs 150 Marks 75

Vision for Teacher Education Concern for quality The 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. 76

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. 77

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. 78

NCTE Norms - Curriculum for Teacher Education Programmes Diploma in Elementary Education (D. El. Ed) or TTC 1. Preamble v 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. v 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 v Working days shall be atleast 200 working days each year exclusive of the period of examination and admission. v Atleast 40 days for practice teacher/skill development. 79

Proposed D. El. Ed. Curriculum Structure Year I Sl. No. Course Title Suggested Maximum Periods Marks per Week 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 4 -5 100 2 -3 50 Child 8 Proficiency in English 80

Practicum Creative Drama, Fine Arts and 2 -3 40 1 -2 30 Education Children’s Physical and Emotional Health, School Health and Education Work and Education School Internship: 25 -35 days 100 Total Marks 850 81

Year II Sl. No. Course Title Year II Theory Cognition, Learning and the Socio-Cultural 1 Context Suggested Periods per Week Maximum Marks 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 Optional Pedagogic Courses a) Social Science Education b) Language Education c) Mathematics Education d) Science Education 4 -5 100 Diversity: Gender and Education 2 -3 50 6 7 82

Practicum Children’s Physical and Emotional 3 -4 40 4 -5 60 Health, School Health and Education Creative Drama, Fine Arts and Education School Internship : 45 -55 days 200 Total Marks 850 Grand Total 1700 83

Systemic Reforms for ensuring Quality in Elementary education a) b) c) d) e) Ø Academic Planning and monitoring for quality. Ø Academic leadership in school and for school monitoring. Ø Strengthening Panchayati Raj System to realize the constitutional mandate of decentralized democracy and development. Ø 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. Ø 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. Teacher education for curriculum renewal Present concerns in Teacher education In-service Education and Training of Teachers Pre-service Education School-based Assessment Internal Assessment (honest) 84

Salient Features of Teacher Education to enable Student. Teachers to 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 abovementioned 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. 85

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. 86

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. 87

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 selfexperience. The major shift is in the teacher’s role 88

Major shifts From 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 Learning in the wider social context class room 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 89

Rule 17. Salary and allowances and conditions of service of teachers The 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 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”. 91

Rule 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…. . 92

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. 93

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 Introduction The teaching profession should also have its CPE (which is a prerequisite) 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 allround 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 violations Evolve a three-tier mechanism to deal with the nonobservance of the Code or with violations noticed or reported. 1. School Level/Block Level Ethics Committee Depending 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 Committee SCERT (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 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. 108

Rule 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…. . 109

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 comprehensive evaluation and into practice continuous 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. 110

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 111

The ‘comprehensive’ component takes care of around development of child's personality – includes scholastic and coscholastic 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 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 extracurricular activities. 113

Rule 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. 114

Rule 23. Performance of functions by the State Commission for 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. 115

The Commissions for Protection of Child Rights Act, 2005 and The Persons with Disabilities Act, 1995 in the context of the RTE Act 2009 116

Role and responsibility of Commission for Protection of Child Rights Act, 2005 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. 117

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; 118

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; 119

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; 120

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. 121

The Persons with Disabilities Act 1995 ensure 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. 122

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; 123

‘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 accommodation; discrimination, including denial of reasonable 124

‘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; 125

‘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. 7 B) and Right of Children with Disabilities in Sn. 8 A Under Sn. 8 B all children with disabilities have a right to be protected against violence, abuse and exploitation. 126

Rule 24. Manner of furnishing complaints before the State Commission for Protection of Child Rights or the Right to Education 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 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…. . 128

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. 130

Rule 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

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. Thank you Updated on 01. 07. 2011 133