Right To Education

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FAQ

FAQs are frequently asked questions on Right to Education Act by various stakeholders such as Parents, Children, School Owners, Principals, Administrators, Teachers, Government officials.
FAQs have been categorised stakeholder-wise and topic-wise.

How will the SMCs be formed?

The detailed procedure for the formation of SMCs is outlined in respective State RTE Rules. Apart from the statutory requirement that 75% members shall be parents of children studying in the school, 50% of the total members women, the model rule prescribes that the Chair and Vice Chairpersons should be from amongst the parents; it should meet at least once a month, the minutes of its meetings should be made public and so on.

How is child defined in the Act?

The term ‘child’ in the Act means a child in the age group of
6-14 years.

When has the Act come into effect and how will it be implemented in the States?

What is the role/functions of SMC?

The roles of SMC under the Act include-
- Monitor the functioning of the school
- Prepare and recommend the school development plan
- Monitor the utilization of grants received
- Besides the above mentioned activities, the State Rules
require following activities to be taken up by the SMC.
- Communicate to the local population, the rights of the child
and role of State Government, local authority, school and
parents as enunciated in the Act.
- Ensure regularity and punctuality of the teachers’ attendance
- Ensure enrolment and continued attendance of all the children
from the neighbourhood.
- Bring to notice of the local authority any violation of rights of
the child, in particular physical and mental harassment of
children, denial of admission and timely provision of the free
entitlements.
- Monitor maintenance of the norms and standards in the
school, as prescribed in the Schedule in the Act.
- Monitor the identification and enrolment of, and facilities for
learning by children with special needs and ensure their
participation and completion of the elementary education.

What is the Right of Children to Free and Compulsory Education (RCFCE) Act, 2009?

The Right of Children to Free and Compulsory Education Act, 2009 is a legislation passed by the Indian Parliament that has come into effect from 1st April, 2010. It is based on the 86th amendment in the Constitution through which an Article 21 (A) was inserted after Article 21 of the Constitution. Article 21 (A) states that “The State shall provide free and compulsory education to all children of the age group of six to fourteen years in such manner as the State may, by law, determine”. The RCFCE Act, 2009 is that law. It ensures all children of India, in the age group of 6 to 14 years, a fundamental right to free and compulsory elementary education.

As per the Article 254 of the Constitution, all the existing State Acts on Education have been superseded by the Right of Children to Free and Compulsory Education Act, 2009. Amendments to the RCFCE Act, 2009 would require presidential assent.

Are all schools required to have a School Management Committee?

All government, government aided and special category schools shall have to constitute SMCs as per Section 21 of the Act.
Since private schools are already mandated to have management committees on the basis of their trust/society registrations, they are not covered by Section 21. A proposed amendment makes the SMC an advisory rather than a statutory body for schools covered under Article 29 and 30 of the constitution (minority schools).

What is the entry level class in which the 25% reservation is mandatory under RTE?

The schools specified under sub-clause (i) of clause (n) shall admit students in class I, to the extent of at least twenty-five percent of the strength of that class.
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.
Eg:, if a school starts from nursery, the 25% reservation applies to nursery class. If a school starts from class I, then the 25% reservation applies to class I.

Will the Act apply everywhere in India? Why is J&K left out?

Under article 370 of the Constitution, many central Acts do not automatically apply to J&K. The J&K state legislature can however pass a similar Bill to come at par with the rest of the country. Otherwise the Act will apply to all other states and UTs of India.

What about a child without parents or guardian?

The appropriate government shall have to take the responsibility to ensure education of children without parents.
Section 2(k) only defines the parents of a child, and section 10 also refers to parent’s duty in ensuring education of their children.
Under Section 8 (explanation (i)), the ‘compulsion’ is on the state and not on parents

How will children of migrant families receive education?

There are two options:
i) if children migrate with parents, particularly small children, the schools in the migrated areas have to admit all children even if they can not produce transfer certificates. Or
ii) if the parents demand that their children be given education in their native place while they are away for work, appropriate governments/local authorities shall have to ensure the availability of free residential schools

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