why schools cannot refuse admission to a child with any issues? Right To Education act RTE

 

The RTE Act  mandates the appropriate governments and local authorities to provide for children’s access to elementary schools within the defined area or limits of neighbourhood.

“At the end of the day, the most overwhelming key to a child’s success is the positive involvement of parents.” — Jane D. Hull

Section 12 explains the responsibility of schools for providing free and compulsory education to children, namely

All Government schools shall provide free and compulsory education to all children 

Government aided institutions shall provide free and compulsory education to such percentage of students in elementary classes which equals the percentage of recurring aid received by it from the Government to the annual recurring expenditure incurred by the school, subject to a minimum of 25%

Private unaided institutions and special category schools shall provide free and compulsory education to at least 25% children belonging to disadvantaged groups and weaker sections admitted to class I or pre-primary classes. Such schools would be entitled to reimbursement at the per-child cost incurred by the Government. It has also since been clarified that residential private unaided schools, which do not start at class I, would not be required to admit 25% children from disadvantaged groups and weaker sections in their schools. 

The Right of Children to Free and Compulsory Education Bill, 2008, is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all. Provision of free and compulsory education of satisfactory quality to children from disadvantaged and weaker sections is, therefore, not merely the responsibility of schools run or supported by the appropriate Governments, but also of schools which are not dependent on Government funds.

In view of the fact that children take time to socialize and teachers take time to develop new attitudes and pedagogic skills, the RTE Act provides for admission of disadvantaged and poor children at the entry level, covering pre-school and Class I

Admission of 25% children from disadvantaged groups and weaker sections in the neighbourhood is not merely to provide avenues of quality education to poor and disadvantaged children. The larger objective is to provide a common place where children sit, eat and live together for at least eight years of their lives across caste, class and gender divides in order that it narrows down such divisions in our society

The Guidelines issued under section 35(1), therefore, explicitly state that tests and interviews are generally a tool for profiling and eliminating children, and therefore screening to assess a child’s ‘intelligence should be prohibited. 

The Guidelines also refer to the importance of moving towards composite classrooms with children from diverse backgrounds, rather than homogenous and exclusivist schools: heterogeneity and diversity in classrooms lead to greater inter-learning, respect for differences, tolerance and creativity.

Section 16 prohibits holding back and expulsion of a child from school till the attainment of elementary education. There have been some misgivings on the provisions relating to ‘no detention’ and ‘no expulsion’. The ‘no detention’ provision is made because 

examinations are often used for eliminating children who obtain poor marks. Once declared ‘fail’, children either repeat grade or leave the school altogether. Compelling a child to repeat a class is demotivating and discouraging. Repeating a class does not give the child any special resources to deal with the same syllabus requirements for yet another year. Parents and friends of such children also tend to view them as being ‘fit for failure’, thereby reinforcing the perception which the school has already used for declaring a child ‘fail’. The ‘no detention’ provision in the RTE Act does not imply abandoning procedures that assess children’s learning. 

As regards expulsion, there are many who give examples of deviant and aberrant behaviour of some children, adversely influencing other children, and that such deviant children should be ‘expelled’ in order that the others may be protected. But the implications of expulsion are that the education system has refused to serve the child. The notion of ‘expulsion’ is not compatible with the concept of ‘right’. No civilized country in the world expels children from elementary school for any reasons: there are no valid grounds for doing so. If the child – and remember we are talking about 6-14 year olds, not older children – does not respond to the existing system and resorts to ‘deviant’ activities, then the education system must address the child differently – through counselling or by providing different curricular and co-curricular activities, which enable the child to develop self awareness, address deep rooted fears and problems and consequently change patterns of behaviour. 

This provision in the RTE Act enables these out-of-school children to be admitted to an age-appropriate class and complete elementary education. 

The overall objective of age appropriate admission for these children is to save them from the humiliation and embarrassment of sitting with younger children. When older children are forced to sit in a class younger than their age, they tend to be teased, taunted, suffer lower self esteem, and consequently drop out. The Act facilitates a child admitted to an age appropriate class to be given Special Training to enable him or her to be at par with other children. Given the varied life experiences of these children, it is recognised in the field of education that their mental capabilities are higher than that of entry level 6-year old children, and that they are indeed capable of accelerated learning. At the end of the Special Training, the child will be assessed and his/her suitability for being placed in a particular class will be reviewed. For example, if a 10-year old child was admitted to class IV, and received two years of Special Training till age 12, an assessment may be made as to whether the child could cope better in class V or VI in the formal school, and the child appropriately placed. 

 Provided that a child with “multiple disabilities” referred to in clause (h) and a child with “severe disability” referred to in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) may also have the right to opt for home-based education.

download pdf on educational rights of childen with special needs

The disabilities covered under the RTE Act are as per two significant Central Acts, 

which are:

 ● The Rights of Persons with Disabilities Act of 2016; and 

● The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

 The new act called the Rights of Persons with Disabilities (RPwD), 2016 came into force on 19 April, 2017. 

Thus, the RTE Act, in Clause (b) of Section 3, of RTE (Amendment) Act, 2012 refers to the “child with disability” to be included in the “child belonging to disadvantaged group”. 

Clause (b) of Section 3 of RTE (Amendment) Act, 2012 defines a “child with disability” accordingly: (1) a child with disability as defined in Clause (s) of Section 2 of the Rights for Persons with Disabilities Act, 2016, means a ‘person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders her/his full and effective participation in society equally with others.’ \

(2) a child being a person with disability as defined in Clause (j) of Section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999). Severe disability means disability with eighty per cent or more of one or more multiple disabilities.

For more details on the Rights of Children with Disabilities, refer to: 

1.PwD Act, 1995, The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Retrieved from: http://www.disabilityaffairs.gov.  in/upload/uploadfiles/files/PWD_Act.pdf 

2/RPwD Act, 2016, The Rights of Persons with Disabilities Act, 2016. Retrieved from: http://www.disabilityaffairs.gov.in/upload/up loadfiles/files/RPWD%20ACT%202016.pdf¾ The National Trust Act, 1999. (No. 44 of 1999). 

Ministry of Law, Justice and Company Affairs. Rules and Regulations. Retrieved from: http://thenationaltrust.gov.in/upload/uploadfiles/files/act-englsih.pdf

For more details, refer to: RPwD Act, 2016, The Rights of Persons with Disabilities Act, 2016. Retrieved from: http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/RPwD%20ACT%202016.pdf

Children with disabilities have the right to go to mainstream schools, where teachers adopt different teaching techniques, assistive devices and adaptations, that will help all children learn better

For more details on free education, refer to: MHRD, GoI, Department of School Education & Literacy. Retrieved from: http://mhrd.gov.in/rte_state_rules

State Government, local authorities, and schools ensure that children belonging to disadvantaged groups and weaker sections pursue and complete elementary education, and are not subjected to any form of discrimination in the school [Sections 8(c), 9(c) and 17 of RTE Act, 2009].

Private and specified category schools to admit at least 25 per cent of the strength in pre-school or Class I children belonging to disadvantaged groups and weaker sections, and provide them free elementary education [Section 12 (b) and (c) of RTE Act, 2009].

Children belonging to disadvantaged groups and weaker sections admitted in private or specified category schools be provided free entitlements such as textbooks, writing material, uniforms, and special learning and support material, provided children with disability shall also be entitled for free special learning and support material [Rule 9 (1) of RTE Rules, 2010].

Thus, the RTE Act, in Clause (b) of Section 3, of RTE (Amendment) Act, 2012 refers to the “child with disability” to be included in the “child belonging to disadvantaged group”. 

Sections 8 and 9 of the RTE Act, the following measures need to be taken

The school shall not discriminate against a child belonging to disadvantaged group or weaker section in admission or (a) while processing applications; (b) by denying or limiting access to any benefit or entitlement; and (c) by treating unfavourably in any way in connection with the child’s enrolment to a specific standard of class or area of study, training or instruction.

 The school shall prohibit all persons and authorities of the school from harassing or victimising any child belonging to disadvantaged group or weaker section: (a) by announcing verbally or otherwise in the class, the names of the community or castes or tribes of the students; (b) by labelling such students as reserved category in the class; (c) by passing derogatory remarks indicating social, economic, or other background details as reason of under-performance in the class; (d) by allotting different time to such students to meet the teacher as compared to other students; and (e) by treating them separately in utilising the sports and other facilities

Their education is to be provided as per the Rights of Persons with Disabilities Act, 2016, commonly referred to as RPwD Act. Further, as per the RPwD Act, 2016, every child with benchmark disability between the age of six to eighteen years has the right to free education in a neighbourhood school, or in a special school, of their choice. Whereas, a child with high support needs, is entitled to services and facilities, to be provided by the Government as per their needs and requirements

 Inclusive education refers to an education system that accommodates all children, regardless of their physical, intellectual, social, emotional, linguistic, or other conditions. This creates a range of challenges for the school system that have to be met by creating a child-centred pedagogy capable of successfully educating all children. For example, an inclusive class may have, amongst others, children with disabilities, working children, children from migrant families, children belonging to ethnic, linguistic, cultural minorities or children from other disadvantaged or marginalised groups.

There are provisions made for inclusive education for all children in the National Curriculum Framework, 2005. The Act makes provisions for an effective and meaningful learning experience for all children; including children from the disadvantaged groups, weaker sections, and children with special needs. The RTE Act refers to the RPwD Act for children with disabilities. As per the directions given in the RPwD Act, all schools are now required to make educational services accessible to all.

What is Inclusive Education? 

● Inclusive education is about embracing all. 

● Disability is a social responsibility—accept it. 

● No selection procedures to be adopted for denying admission to learners with disabilities. 

● Children do not fail, they only indicate failure of the school. 

● Accept difference and celebrate diversity. 

● Inclusion is not confined to the disabled. It also means nonexclusion. 

● Learn human rights and conquer human wrongs. 

● Handicap is a social construct; deconstruct handicap. 

● Make provisions, not restrictions; adjust to the needs of the child. 

● Remove physical, social, and attitudinal barriers. 

● Partnership is our strength such as school-community; school-teachers; teachers-teachers; teachers-children; children-children; teachers-parents; school systems, and outside systems. 

● All good practices of teaching are practices of inclusion. 

● Learning together is beneficial for every child. 

● Support services are essential services. 

● If you want to teach, learn from the child. Identify strengths not limitations. 

● Inculcate mutual respect and inter-dependence. [Source: National Curriculum Framework, 2005]For more details, refer to: NCERT. 2005. National Curriculum Framework, 2005. New Delhi. Retrieved from: http://www.ncert.nic.in/rightside/links/pdf/framework/english/nf2005.pdf UNESCO. 2017. 

Guide for Ensuring Inclusion and Equity in Education. Retrieved from: http://unesdoc.unesco.org images/0024/002482/248254e.pdf

Home-based education should primarily focus on children with “multiple” or “severe” disabilities who cannot be immediately mainstreamed through special support and services  Such children are provided necessary support, through a resource person. The resource person should have the same qualification as the other teachers, as laid down under the RTE Act, and should have also attended refresher courses like the regular teacher. Home-based education should not be implemented beyond a maximum period of two years, and should also be accompanied by social inclusion in a neighbourhood school.However, the RPwD Act, 2016 does make provision for children with benchmark disabilities to avail free education till the age of eighteen years and; children with high support need to avail educational facilities as per their needs and requirements, as may be prescribed by the Government from time to time according to Chapter IV of the Rights of Persons with Disabilities Act, 2016

What can a parent do in case their child is denied their right under the RTE Act? 

 Children belonging to disadvantaged groups and weaker sections along with all other children have a right to receive free quality education, appropriate teaching-learning materials, and the State specific free entitlements. No child can be subjected to any form of discrimination or corporal punishment according to the RTE Act. If a parent, student, or any other concerned individual observes that the child The procedure to file a complaint, if a child is denied their rights under the RTE Act is: 

(a) Initially, the SMC of the school should be approached by Any person, on behalf of the child, can also write a complaint to the local authority that has jurisdiction. has been denied their right under the RTE Act.

Bring to the notice of the local authority, 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

The complaints can be sent to the local authority either by post, fax, e-mail or in person. The local authority ought to decide the matter within a period of three months or earlier, in urgent cases such as denial of admission

After receiving the complaint under the Sub-section (1) of Section 32, the local authority shall decide the matter within a period of three months after affording a reasonable opportunity of being heard by the parties concerned.

If the person is not satisfied with the decision of the local authority, they may approach the State Commission for the Protection of Child Rights (SCPCR)

RTE Act also assigns the role to the National Commission for Protection of Child Rights (NCPCR) for monitoring the child’s right to education (Section 31 of RTE Act, 2009).

Since the right to elementary education is a fundamental and justiciable right, cases of violation of child rights can also be taken to the court. Depending on the nature of the complaint, the case can be filed in the lowest civil court, or the High Court/Supreme Court.