NCERT Study reveals RTE has failed to meet disabled children's needs

This study shared by NCERT and published by Indian Express reveals serious lapses in the implementation of RTE across the country.

RTE has failed to enable the disabled: Study

Written by Anubhuti Vishnoi | New Delhi | January 27, 2014 1:58 am

Three years after the RTE Act came into effect promising free and compulsory education to children aged six to 14 years and special focus on admission and retention of children with disabilities, an NCERT study has found that disabled children in schools across states still face serious infrastructure and pedagogy handicaps.
Apart from absence of ramps and friendly toilets in schools, the larger problem that almost all disabled children face in the classroom is the absence of special teaching material and sensitive trained teachers.
In Gujarat’s Kheda district, a child with locomotor disability said he never leaves his wheelchair due to non-availability of a friendly toilet in his school.

The NCERT report — ‘Status of Implementation of RTE Act in context of disadvantaged children at elementary stage’ — says that “poor infrastructure, non-availability of appropriate furniture for children with disabilities, non-availability of special aids and appliances, poor quality of aids and appliances for children with locomotor disabilities are major challenges in the fulfilment of RTE to these children”.

The study adds that “educational materials for children with disabilities were non-existent in most sample schools. States/ UTs have very limited vision of arranging different types of educational materials for children with various disabilities”.

The 2012-13 study on children with disabilities had revealed that while 99 per cent of these children liked attending regular schools but 57 per cent of teachers were not trained to understand their special needs.
The study was conducted by the NCERT’s department of elementary education in Andhra Pradesh, Kerala, Jharkhand, Orissa, Gujarat, Uttarakhand and the Union Territories of Puducherry and Andaman & Nicobar islands through questionnaires and interviews with school teachers, parents of disabled children and disabled students.
Respondents in Visakhapatnam and East Godavari districts said there were no Braille books, no assistive devices, no educational materials and no full-time special teachers making it extremely difficult to ensure RTE to children with visual impairments. In Visakhapatnam district, ramps and friendly toilets for children with locomotors disabilities were not appropriate.

Almost all respondents in Almora district of Uttarakhand said their schools did not have facilities and the hilly terrain further complicated their movements. In Orissa, the NCERT study says, there is unhappiness over poor quality of wheelchairs and non-supply of Braille aids despite repeated reminders.

“Wheelchairs and tricycles are supplied to children with locomotors disabilities, though these cannot be used by them due to difficult terrain in Almora district”.

“Special shoes are supplied after one year of assessment, resulting in inappropriate sizes due to growth of feet. Complaint was sent but no satisfactory action was taken,” respondents are quoted in the NCERT study.

In Kerala, children have not been provided teaching-learning materials individually despite the fact that the Sarva Shiksha Abhiyan has a provision for Rs 3,000 per disabled child per year.

The report notes that functionaries and teachers at state-, district- and block-levels were aware of provisions of the RTE Act to a great extent but “orientation of teachers for RTE (except in Orissa) did not include information about disadvantaged and children with disabilities”.

In Jharkhand, respondents pointed out how “there were no special teachers at school level to help children with disabilities; teachers have not been trained to teach children with disabilities; and parents do not bring their children with disabilities to school regularly”.

Sixteen of 25 head teachers/teachers in four districts of Gujarat maintained that it was extremely difficult to teach children with severe mental challenges and multiple disabilities in the classroom.

In Andhra Pradesh, teachers said that “it is difficult to ensure RTE to children with mental disabilities due to behaviour problems and very limited ability to learn. They maintained that these children should be sent to special schools. Respondents in Visakhapatnam and East Godavari districts said there were no Braille books, no assistive devices, no educational materials and no full-time special teachers”.

The report notes that in Kerala “almost all respondents in both the districts said they encountered difficulties in teaching different categories of children with disabilities. They said that behaviour problem of children with mental disabilities (challenges) makes it difficult to manage classroom teaching. These teachers do not have any special training and they find themselves helpless in dealing with children with mental challenges. Two of the teachers said that in a class of 50 children, it is extremely difficult to pay attention to children with a mental challenge and they try to help these children by explaining to them personally”.

SC issues Notice to Centre on RTE Act

SC issues notice on Right to Education Act

The Supreme Court issued a notice to the Central Government on a Right to Education petition seeking exemption for unaided educational institutions

New Delhi, Oct 8: The Supreme Court Monday issued notice to the Central Government on a petition seeking exemption for unaided educational institutions from earmarking 25 percent seats for students from the weaker sections of the society.

Unaided minority educational institutions are exempted from doing so under the Right to Education Act, 2009, which calls for reserving 25 percent seats for socially and economically backward sections of the society.

An apex court bench of Justice K.S. Radhakrishnan and Justice Dipak Misra issued the notice after senior counsel Mukul Rohtagi contended that Article 15(5) was ultra vires of the basic structure of the constitution as it discriminated between two similarly placed category of educational institutions on the basis of their minority and non-minority status.

  

Seeking that the matter on the constitutional vires of the Article 15(5) be examined by the atleast five judges constitution bench, Mr. Rohtagi said that the constitution envisages equal status for minority and majority.

It would be against the scheme of the constitution to put minority on a higher pedestal then the majority community. Mr. Rohtagi was assisted by counsel Govind Goel.

The court was told that the Article 145(3) of the constitution provides that a bench of atleast five judges could only hear a case involving the substantial question of law and the interpretation of the constitutional provisions or for hearing any presidential reference.

Read more on...... I Government.

No private school is outside the ambit of Right to Education Act

Dear colleagues,

The Supreme Court on 12th April 2012 (Thursday) upheld the constitutional validity of the Right to Education (RTE) Act, 2009, which mandates 25 per cent free seats to the poor in government and private unaided schools uniformly across the country.

By a majority view, a three-judge bench of Chief Justice S H Kapadia and justices K S Radhakrishnan and Swantanter Kumar said the Act will apply uniformly to government and unaided private schools except unaided private minority schools. 

While upholding the Constitutional validity of RTE Act, Honorable Supreme Court of India has ruled that no educational institution - including the private schools (except the minority schools) are beyond the provisions of Right to Education Act. This particularly aids the marginalized segments including the disabled children to seek admission in the nearest school of their choice. The judgement will apply henceforth and not with retrospect.

40 percent teacher vacancies are still unfilled

However, I do not feel that this alone can ensure quality education to all children in India. Has the Government of India and those of various states given any thought to fill over 40 percent vacancies of teachers lying vacant. In Uttar Pradesh alone, the state government has  advertised vacancies of 72800 alone for primary level in 2011 which have not been filled up till date due to vested interest. Thousands of primary schools in UP are running on one Teacher and one Shikshamitra only whereas there is a requirement of minimum 5 teachers to man the school. Consider the quality of education when the sole trained teacher goes on leave!

Similarly, in Karnataka, about 30 per cent of the 76 lakh primary school children  go to unaided private schools, mostly in urban areas, according to District Information System for Education (DISE) data. A 25 per cent reservation in Class I for the disadvantaged/economically weaker sections in these schools would impact about 1 per cent of the school-going child population. 

Accordingly to recent government studies,  at primarily level alone,  in addition to the 5.23 lakh vacancies, another 5.1 lakh teachers are needed to meet the pupil-teacher ratio specified under the Right to Education Act. Of the teachers already on the job, 7.74 lakh are largely untrained or without the needed qualifications.

At secondary level, the Rashtriya Madhyamik Shiksha Abhiyan requires that 1.79 lakh new teachers be appointed with special focus on teachers for English, mathematics and science.

The court order is welcome and the spirit behind the reservation of seats in private schools is  laudable, however the priority and focus of India’s education system should be on what needs to be done to improve the quality of education in government schools, where 80% of our children are enrolled. The huge challenge that the state faces in addressing the deficiencies of the education system can be explained through the existing teacher-pupil ratio in rural India. 

Quality of Education in Govt School is driving parents to Private Schools

Similar is the situation across the nation. Can the Government ensure quality of education with such ill trained manpower. Isn't this a purposeful ploy to degrade the state education to such low level that the gullible parents and children are forced to opt for private schools? 

In a recent visit to a remote small village in UP, I learnt that a private school has come up in the recent past in that small village in past few years. Though the children of the village have their names on the rolls of the State run government school while most of them went to the private school for education. Few children  who continue to go the state run school were the ones whose parents were so poor that they could not afford the school fee. I was surprised to see that even those who went to private school were not very good financially. One could imagine at what cost the parents were sending their children to private school in the hope of a good future of the child.  I had an opportunity to visit both schools and I saw the difference. The only teacher available in the Government school told me that they could either complete official paper work and mid day meal or control (not teach!) the children from different classes under one roof. The teacher shared that it was just not possible for a single teacher to manage 5 primary classes, paper work of the school, maintenance of registers, preparing mid day meal and also attend to miscellaneous duties of election etc for which they get deployed by the state government.  

Need of focusing on improving quality of Govt Schools

The RTE Act is a historic piece of legislation because it gives a legal right to free education to children between the ages of six and 14 and makes the government responsible for providing it. And the RTE implementation must focus on improving standards in government schools. Need is to correct the skewed  teacher-pupil ratio and whole education infrastructure to generate the confidence in people. The states have to come forward with a political will to ensure that the rights of compulsory and free education becomes a reality and poor are not forced to send their children to private schools at the cost of essential requirements of life such as food, health, house and clothing.

Mechanisms & political will to regulate private schools

Another issue is how to implement the RTE in private schools. The state is not able to provide this right in their own school then how will they implement this in the private school is a huge question that is haunting the concerned citizens. The capitation fee/ donation is though banned under this Act, however, there are several ways the private schools can bypass this.  Hence, unless mechanisms are proposed and strictly implemented, I don't see the benefits of such a wonderful legislation would be reaped by the "aam admi" of this nation.

Delhi Government's New Admission Guidelines voilate the RTE Act 2009

Dear Colleagues,

Directorate of Education, Delhi Government has recently issued Guidelines for Admission to Pre-primary/Class I in Sarvodaya Vidyalayas  dated 27 Feb 2012 . This guideline seeks to reserve 15% seats for SC; 7.5% for ST; 3% seats for PH; 2% for wards of employee of Directorate of Education. While this allocation may look very reasonable, however, to our amazement, this is utterly against the mandate of the RTE Act 2009. 

Such a reservation can not be permitted  under the Right of Children to Free and Compulsory Education Act, 2009 (in short RTE Act, 2009).  What will happen to the right of every child to seek admission in the neighbourhood schools? What will happen if the category for whom reservation is made doesn't live in a certain neighbourhood? Is the Government going to bring them from some other corner of the city? Will that not be against the concept of neighbourhood schools? What will happen to children from disadvantaged sections and those from weaker sections as defined in the RTE Act?

To me this amounts to introducing  a screening process of some kind which is actually against the spirit of RTE Act and is punishable under the law. This basic exercise should have been done by the Directorate officials before issuing such an illogical and contradictory provisions in the Guidelines. 

I am sure the officials are well aware about the provisions of the RTE Act which mandates in section 3 that every child from 6-14 years has a right to free and compulsory education in the neighbourhood schools till the completion of elementary education. Therefore, screening processes of this nature should not be used to deny admission to children since this would be violation of the RTE Act 2009

I strongly support our colleague Mr. Ashok Agarwal who has challenged these guidelines and this would be in fitness of things that the guidelines be suitably amended/modified.

regards

Subhash Chandra Vashishth

Advocate

Quota in KV for children with Disabilities - Is it in line with Right to Education Act?

Dear Friends,

I often wonder whether in light of the new Right to Education Act, there is any merit to keep quotas in school education for the children with disability! If free and compulsory education it is a fundamental right of every child including those with disability and there are more students seeking admission than the quota fixed of 3%, will the KVs refuse admission to such students.

The KV has still not come out properly on the admission of children with disabilities and unecessarily making news for free education of disabled and setting up a quota for disabled means no sense to us.

Here is the news coverage:

Quota in KVs to be above class strength

NEW DELHI: Reservation in Kendriya Vidyalaya schools will be over and above the strength of a class. This was decided by the board of governors of the Kendriya Vidyalaya Sangathan (KVS) on Friday.

In fact, the earlier policy was not to let the class strength get affected while giving reservation. But this was amended a few months ago bringing the quota seats within the class strength. However, this created problems for children of central government employees. Since these employees are often transferred, they have to look for admission for their kids in new schools.

There are 17 types of reservation in KVS schools. As per the restored system, reservation will be given to students over and above the existing strength of a class in a central school. According to this system, each class will have 40 seats. But another five students can be given admission under reserved category. The students given admission under reserved category will be above the normal strength.

"The reserved students will not eat away the seats for general category students. The reservation will be above the existing class strength," an HRD ministry official said.

KVS has also put in place a new transfer policy under which those teachers will be given priority for getting transfer if their spouses are working in the school of their choice.

The KVS has also decided to set up one disabled friendly school in each of its 18 regions. These schools will have all facilities to help physically challenged students get education. Besides, teachers of Sanskrit can now switch over to Hindi by appearing in certain examination. This will open up promotional avenues for them, the official said.

Source: Times of India, 15 May 2010

"UP has no fund to implement RTE Act" | iGovernment.in

Dear Friends

I fail to understand, how a public representative - the Chief Minister of a State can say this, while poorer states like Assam have gone ahead with seal to implement the same.


It is loud and clear that while the Chief Minsiter has sufficient money to create her statutes and parks and also to develop a security force to protect the statutes created at the cost of public money, while she has no money to invest in children of her state and protect their fundamental right to compulsory and free education guaranteed by the Constitution of India!

Have such politicians any right to remain on the crucial posts they hold?



"UP has no fund to implement RTE Act" iGovernment.in

regards
SC Vashishth

Right to Education Act and Children with Disabilities

Dear Friends,

Now the Ministry of HRD, Govt. of India has indicated that what best they can do to include Children with Disabilities in the RTE Act  2009 is by including them under the Definition of "Disadvantaged Children". And that is their bit.

Any thing further is not their cup of tea and Ministry of Social Justice should do something to amend the Persons with disabilities Act. There can not be any thing worse than this. The fact is that the children with disabilities are no one's babies when it comes to inclusion and equal rights.

Isn't it simple that Ministry of HRD being the nodal ministry for Education  should also deal with education of children with disability? I fail to understand as to how education of children with disabilities becomes a welfare issue? This needs to stop right now and the RTE bill needs to be amended conclusively to provide for all support, special educators, therapists,  reasonable accommodation and inclusive schools based on universal design. Nothing less than that is going to be acceptable to us!

There is good news that Delhi Government is changing the Recruitment Rules of the Teachers to include Recruitment Rules for Special Educators and related matters after the recent Delhi High Court judgement in Social Jurists PIL. However, the situation in other states is pathetic and grave.

The Education for All "सर्व शिक्षा अभियान" has actually failed to cater to the needs of children with disabilities in an inclusive set up. It is impossible to include children in the mainstream without proper preparation of teachers, infrastructure and support systems. Also only appointment of two Special Educators per school in the National Capital Territory Region will not serve the larger needs and the states have to take proactive measures to address the issue. Till today, there is no talk of developmental therapists, speech therapists, mobility trainers and other rehabilitation professional being included as a part of mainstream schools which are otherwise a necessary part of Special schools run by NGOs.

The First Country Report on action taken by Indian Government on UNCRPD is due in May 2010. The Union Government has sought reports from States as what actions they have taken in these areas and I received a frantic call from one leading State NGO from one of the states asking that the State Welfare department is asking about UNCRPD and what is that Government is required to do in light of this. I was taken aback but this is sadly the truth! Many departments in state governments are not even aware or have taken no pains to even open the convention document that Union Government might have sent to them.

In such situation, there is an urgent and calling need for the NGOs and the DPOs to act as monitors and get the systems working. On its own, nothing would happen and we need to show the road to the implementing agencies and the Governments. Its our cause and we can't wait for it to happen on its own, at the whims and fancies of State. The Persons with Disabilities Act is a live testimony to this which has not been fully implemented even after nearly one and a half decade of its being passed by the Parliament of India.

I see a new role for the NGOs - that of  "Facilitators of Change" and "Advocacy Organisations" and "Resource Centres" to guide the Government rather than merely restricting themselves to the role of a Service Provider.

Its when you get engaged in Providing Service, you have no time or energy left to act as Resource Centre or advocacy organisation and also you keep chasing the grant applications to the Government to run the schools and other services. And that is what precisely the Government want you to remain engaged in!

We have to understand that education of children with disability is a fundamental right of the children which the Government is bound to provide for in terms of  systems, infrastructure and finance. Thus there is no point in NGOs seeking grants which are often very subjective and do not cover even the 50% of the expenses if rightfully done. I had taken up few cases for NGOs where the workers of the NGOs went against their employers in the Labour Courts seeking minimum wages and what I learnt from NGOs was that the grant that comes for a helper is merely 2000 Rupees which is far less than the minimum wage of an unskilled worker in Delhi. The matters are pending in High Court where Grant making Ministries have been impleaded as necessary parties for proper adjudication of the case! And I am well aware what is going to be the outcome of such petition!

Therefore it is the right time for NGOs to redcue their role as Service Provider and gradually move towards their new and calling role as Resource Centres, Research bodies and be a part of Advocacy and Monitoring mechanism to ensure that the rights of persons with disability to live with dignity in society on an equal basis with others are realised to its full and rights enshrined in the UN Convention on the Rights of Persons with Disabilities are progressively realised.

Another worrying issue that we should be concerned with too is the second amendment which HRD ministry is contemplating to bring in RTE Act to satisfy the powerful lobby of minority institutions who do not want to be governed by State Laws at the same time want to continue receiving grants/aids from the Government. These schools if exempted from constituting School Management Committees (which is a powerful tool to increase citizen's participation in the school management and check misuse of public funds) they could do what they like without any external check including refusal to take in children with disabilities. The move should be resisted by one and all to ensure participation of civil society and stakeholders in the process of education and maintain transparency in the delivery of quality education to all including children with disabilities.

regards

Subhash Chandra Vashishth, Advocate-Disability Rigths, subhashvashishth@gmail.com, 9811125521

To read the press coverage on RTE click here

RTE Act to cover kids with disabilities

NEW DELHI: Children with physical, learning and speech disabilities would now be put under the disadvantaged category in the Right to Education Act.

The Cabinet will soon take up HRD ministry's cabinet note seeking amendment in the RTE Act. Another amendment seeks to exempt schools run by minority organisations from setting up School Management Committees.

However, the amendment bill will be introduced only in the budget session of Parliament.

In the last session of Parliament, when the RTE Bill was passed, disabled rights groups had protested against non-inclusion of disabled children in the disadvantaged category. Disability will be further explained to include disabilities mentioned in the People with Disabilities Act and National Trust Act. But since PWD Act does not include cerebral palsy, autism and multiple disability, RTE amendment bill will specifically mention disabilities like dyslexia, aphasia and learning and speech disabilities.

Sources, however, said amending RTE to include disabilities is not enough. "Social justice ministry should move a comprehensive amendment bill to amend PWD Act. HRD ministry has done its bit," a source said.

The second amendment states that schools run by minority bodies will be exempted from setting up School Management Committees. The proposed amendment, sources said, will exclude schools managed by minority organisations from constituting School Management Committees. Right now, only unaided schools not receiving any kind of aid or grant from the government or local authorities are excluded from setting up school management committees (SMCs).

The amendment comes in the wake of demand from many states and minority-run institutions that they be exempted from setting up SMCs because it contravenes Article 30 of the Constitution that gives minorities right to establish and administer educational institutions. The amendment will be carried out in sub-clauses of clause (n) of Section 2 of the Act as well as in section 21 of the Act. It will specifically mention that minority-run institutions need not have SMCs. In the RTE Act, SMCs have a big role to play in the running of schools. Half the members of the committee will be women.