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 30th April 2011
3
Introduction
 RTE Act has come into effect from 1st 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 ex-
officio 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
Assistant Education Officer and the local authority.
continued…..
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), (ii), (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
 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.
 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
 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.
 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.
 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
 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.
 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.
 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.
 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.
 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 23rd August 2010 which was amended by
Notification on 10th 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
 Senior Secondary (Higher Secondary)with at least 50% marks and 2 year
Diploma in Elementary Education (TTC)
or
 Senior Secondary (Higher Secondary) with at least 45% marks and 2 year
Diploma in Elementary Education (TTC) under NCTE Regulations
or
 Senior Secondary (Higher Secondary) with at least 50% marks and 4 year
Bachelor of Elementary Education (B.El.Ed.)
or
 Senior Secondary (Higher Secondary) with at least 50% marks and 2 year
Diploma in Elementary Education (Special Edn.)
or
 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
 BA/B.Sc./B.Com. and 2 year Diploma in Ele. Edn. (TTC)
or
 BA/B.Sc./B.Com. with at least 50% marks and 1 year Bachelor in Edn.
(B.Ed.)
or
 BA/B.Sc./B.Com. with at least 45% marks and 1 year B.Ed accordance with
the NCTE regulations.
or
 Senior secondary with at least 50% marks and 4 year B. El. Ed
or
 Senior secondary with at least 50% marks and 4 year B.A.Ed./B.Sc.Ed.
or
 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 3rd
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, 11th 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
professional
examination
may
be
conducted
by
a
suitable
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 23rd 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 23rd 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
“
30
“
(iii)
Language II
30
“
30
“
(iv)
Mathematics
30
“
30
“
(v)
Environmental Studies
30
“
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
“
30
“
(iii)Language II (compulsory)
30
“
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 11-14
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. 1st 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
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 EducationDiploma 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
 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.
 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
 Working days shall be atleast 200 working days each year exclusive of
the period of examination and admission.
 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
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
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

Academic Planning and monitoring for quality.

Academic leadership in school and for school monitoring.

Strengthening Panchayati Raj System to realize the constitutional
mandate of decentralized democracy and development.

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.

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.
a)
Teacher education for curriculum renewal
b)
Present concerns in Teacher education
In-service Education and Training of Teachers
Pre-service Education
School-based Assessment
Internal Assessment (honest)
c)
d)
e)
84
Salient Features of Teacher Education to enable StudentTeachers 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 pre




requisite) 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.
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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.
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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.
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 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.
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Mechanism to deal with violations
 Evolve a three-tier mechanism to deal with the non-
observance 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.
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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.
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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.
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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.
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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.
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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…..
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 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
 commission
into
practice
continuous
and undertake research and studies
programmes, curriculum and learning outcomes of children.
on
and
policies,
 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.
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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
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
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
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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.
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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.
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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.
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The Commissions for Protection of
Child Rights Act, 2005
and
The Persons with Disabilities Act, 1995
in the context of the
RTE Act 2009
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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.
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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;
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 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;
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 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;
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 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;
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 ‘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
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 ‘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;
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 ‘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. 7B) and Right of Children with Disabilities in Sn. 8A Under
Sn. 8B 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.
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 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
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