Educational

Rights of
Children with
Special Needs
Frequently
Asked Questions
Schools that are inclusive are effective
schools for all children

LoPN Hkkjr
 Educational
Rights of Children
with Special Needs
Frequently Asked Questions
UN253 – Educational Rights of Children with
ISBN 978-93-5292-392-2
Special Needs — Frequently Asked Questions

First Edition
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 Foreword
The gains in education of children over the past decades have been
phenomenal. Yet inequalities persist, for there are a large number
of children who are not in school or able to complete the full cycle
of education. The enactment of the Right of Children to Free
and Compulsory Education (RTE) Act in 2009 was a milestone
decision for the children of our country. This Act mandates free
and compulsory elementary education in a neighbourhood school
to all children in the age group of 6 to 14 years. It lays down
specific provisions for children belonging to disadvantaged groups
and weaker sections, including those with special needs. The
implementation of this Act has been made possible through several
initiatives, including the Sarva Shiksha Abhiyan (SSA), a flagship
programme of Government of India (GOI), of which, inclusive
education is a vital component.
It has been globally recognised that inclusion becomes a reality
when teachers are supported by special educators, parents and
other stakeholders; with each of them aware of their specific role
and directly involved in the educational process. In accordance with
this need, the present book demystifies the legal jargons related to
the RTE Act and creates awareness of the educational rights of
all children. Along with the several new amendments, rules,
guidelines, and norms of the RTE Act, this book highlights the
recent provisions made under the Rights of Persons with Disabilities
(RPwD) Act, 2016.
I hope this book proves to be useful to facilitators of inclusive
education and all other stakeholders who seek a deeper
understanding of the RTE Act and its implications for children
from disadvantaged groups and weaker sections. Constructive
comments on this book are welcome.

Hrushikesh Senapaty
Director
New Delhi National Council of Educational
November 2017 Research and Training
 Preface
The book Educational Rights of Children with Special Needs:
Frequently Asked Questions is the result of a team effort to develop
a comprehensive document to shed light on the provisions for the
educational rights of all children, including those with special
needs, under the Right of Children to Free and Compulsory
Education (RTE) Act, 2009 as well as the Rights of Persons with
Disabilities (RPwD) Act, 2016.
This book has materialised through intensive research,
discussions, and workshops. A team consisting of an advisory
committee and other professionals working in the field, collectively
dwelt on various aspects related to the objectives, content,
presentation style, dissemination, and use of the document. While
delineating the questions, the major thrust was on understanding
the basic educational rights of children belonging to disadvantaged
groups and weaker sections of society, particularly focussing on
children with special needs.
Through this book, an attempt has been made to answer
questions on the educational rights of children by using existing
information from the RTE Act. The Act itself is a legal document,
the language of which may be complex and inanimate for many
readers. Through the interactive layout, theme-based discussion,
and conversational tone used for explaining the provisions made
under the Act, the legal document has been made accessible to all
the readers. The book also refers to relevant sections on inclusive
education from the Rights of Persons with Disabilities (RPwD) Act,
2016 and Some Inputs for Draft National Educational Policy, 2016,
wherever required, to highlight the current educational policy of
the Government with regards to children with special needs. While
going through the book, the reader will come across information
on the roles, responsibilities, and functions of the appropriate
government at different levels (Central, State, Union Territory,
and local) for implementation of the RTE Act. The book includes
sections on designing curriculum and evaluation procedures as
outlined in the National Curriculum Framework, 2005, especially
with regards to children with special needs. Further, it draws
attention towards the existing legal framework for the protection
of child rights. The salient features of the RTE Act identified in the
book are suggestive and not prescriptive.
This document has been prepared with a focus on the latest
information available on the Ministry of Education (MoE), erstwhile
Ministry of Human Resource Development (MHRD) website. The
Annexure appearing at the end of the book contains web links
for related and updated information on the RTE Act. While this
book covers all major aspects of the RTE Act in detail, it does not
claim to be exhaustive in its coverage (sections, amendments,
rules, guidelines, and norms may vary across different States).
The content is intended to help in creating the required awareness
about the rights and duties of parents, guardians, and teachers
toward their child’s education under the RTE Act, especially those
belonging to disadvantaged groups and weaker sections of society.
We hope that this book, which endorses the rights of all the
learners to be respected as individuals, will help facilitate and
promote greater awareness of the inclusive, non-discriminatory,
and equitable educational rights of all children in our country.

Anupam Ahuja
Professor of Special Needs Education and
Head, International Relations Division
New Delhi National Council of Educational
November 2017 Research and Training

vi
 About the Book

Overview
The Right of Children to Free and Compulsory Education Act,
2009 is a landmark legislation towards the universalisation of
elementary education in India. This Act, commonly referred to
as RTE Act, 2009, is of critical importance in the constitutional
history of India and has relevance for generations of children to
come. It champions the cause of children in India, particularly
those who are marginalised due to their caste, class, gender,
religion, language, and other inequalities. All children are promised
to be safeguarded by this Act. This recognition of the educational
rights of all children, including those with special needs, whether
they have a disability and/or belong to disadvantaged groups and
weaker sections, is a feature that thrusts the RTE Act, 2009 towards
inclusion and equity, the guiding principles of the educational
policy of the Government of India (GoI).
More recently, the Rights of Persons with Disabilities (RPwD)
Act, 2016, makes provisions for ­ ‘Inclusive Education’ for all,
particularly children with special needs. Along with the provisions
made under the RTE Act and the RPwD Act, the GoI has further
made its intention clear to provide quality education for all, at
regular school settings, as is reflected in the suggestions included
in the policy document titled ‘Some Inputs for Draft National
Educational Policy, 2016.’ Therefore, the onus is now on the
appropriate government and local authorities to make accessible
quality education at elementary levels, in regular school settings,
to all children in the 6–14 years’ age group, including those with
special needs.

Why this Book?

The book Educational Rights of Children with Special Needs:
Frequently Asked Questions has been prepared to highlight
inclusion in the RTE Act.
 It attempts to demystify and de-jargonise the Right to Education
Act as a legal document and lays focus on the children belonging to
the disadvantaged groups and weaker sections of society, including
those with disabilities. The simple writing style, anecdotes, and
illustrations provide for easy reading, and highlight key messages.
It is meant to be used by teachers, educational administrators,
parents, teacher-educators, students, and all others working
towards promoting children’s right to education.

The book has been prepared to achieve the following

objectives:
●● create awareness about the educational rights of all among
various stakeholders, including teachers, parents, and other
community members;
●● disseminate information on how each provision in the RTE Act
applies to all children, including those from disadvantaged
groups and weaker sections; and
●● enable educational administrators, teachers, and others
to effectively implement the provisions made under the
RTE Act and RPwD Act for children with disabilities, as
well as provisions made under RTE Act for children from
disadvantaged groups and weaker sections.

Layout of the Book

This book is a comprehensive document that covers all major
aspects of the RTE Act, including relevant sections and clauses,
amendments, rules, guidelines, and norms. The eight chapters
in this book follow the thematic sequence of the Act itself. Each
chapter starts in a novel way, using voices of characters with
subtle messages that are in tune with the content.
It is hoped that the reader will identify these messages and be
inquisitive to learn more. This is followed by an introductory aim
of the chapter that briefs the issues covered within. Along with the
____________________________________________________
The Right of Children to Free and Compulsory Education Act, 2009 subsumes children with special
needs under the phrase “children from disadvantaged groups and weaker sections.” This book,
therefore, also follows suit. However, wherever a need has been felt to specify children with special
needs, it has been done.
viii
answers to the FAQs, there are many success stories incorporated
within the text to better understand the provisions of the RTE Act.
The book also uses illustrations and graphics liberally, to
convey information for ready reference. A conscious decision
has been taken to make the illustrations and information boxes
catchy. These are not only useful for quick information but also
act as a break between the text covering legal aspects that may
be tedious and disengaging for the practitioners. Additionally,
the book contains relevant published news stories in the form of
newspaper clippings. These stories, while not entirely recent, have
contemporary relevance. They are all events that highlight key
developments that have taken place since the enactment of the
RTE Act.

Introduction to the Chapters

The book has been divided into eight chapters, each dealing with
a specific aspect of the RTE Act and related legal provisions for
ensuring all children’s right to education.
Chapter 1, ‘Understanding the RTE Act’, sets the scene with a
detailed overview of the Right of Children to Free and Compulsory
Education Act, 2009 (RTE Act). This includes the amendments
and relevant rules, regulations, norms, and guidelines. The
chapter opens by briefly outlining the RTE Act and delving into
its historical backdrop, including a timeline from when it was first
introduced in the Parliament as a Bill in 2003 till its enactment
in 2009 and subsequent Amendment in 2019. Additionally, the
chapter explains the significance of fundamental rights and
underlines the uniqueness of this Act. Since the broad aim of the
book is to demystify and de-jargonise the legal language of the RTE
Act, care has been taken in this chapter to define and explain, as
best as possible, the key terminology used within the Act without
deviating from their essential implications.
The chapter also addresses questions related to the primary
actors and beneficiaries of the RTE Act. After highlighting subtle
state-wise differences and interpretations, the focus is on the
application of the Act for children with special needs, and other
marginalised children as well, as its significance in light of the
ix
Rights of Persons with Disabilities Act, 2016. This chapter ends by
debunking some common myths related to Children with Special
Needs (CWSN) which maybe especially useful for teachers with
CWSN in their classrooms. The information boxes, in this chapter,
include definitions and variations in state-wise interpretations of
key terminology, information on prohibition of child labour, and
fundamental rights.
More significantly, the chapter provides insights into the more
recently implemented Rights of Persons with Disabilities (RPwD)
Act, 2016, as well as the National Trust Act. It includes the revised
definitions and categories of disabilities as recognised by the GoI.
The second chapter in this book, ‘Understanding Specific
Rights of Children’ belonging to Disadvantaged Groups and Weaker
Sections, focuses on the specific educational provisions and rights
of children with disabilities and those from disadvantaged groups
and weaker sections of society. This entails detailing the particular
responsibilities of School Management Committee (SMC) members
and duties of appropriate governments, local authorities, and
institutions in ensuring and safeguarding the education of
all children as well as promoting and facilitating inclusion in
educational structures. Insight is taken not only from the RTE
Act, 2009 but also from the RPwD Act, 2016. The chapter defines
and discusses some disabilities and their requisite needs like
home-based education, age relaxation, etc. It discusses in detail,
the provisions made under RPwD Act for ‘Inclusive Education.’
The chapter also throws light on the educational needs of children
affected by migration, and the provisions allowed to ensure
their smooth education. The boxed information in this chapter
includes a narrative account of the inclusion of a special-needs
child in school, and pictorial depiction of unacceptable labelling
of children.
An act alone does not materialise into action that ensures
safeguarding of the rights of individuals. Officers and other
personnel are entrusted with duties and responsibilities, that result
in the implementation of various provisions of an act. Chapter 3
of this book, ‘Implementing the RTE Act: Duties of Key Personnel’,
centres on these duties and responsibilities with regard to the RTE

x
Act. It lays out the main responsibilities of the Central Government
as well as the essential duties of all appropriate governments,
whether Central, State, Union Territory, or local. This includes,
but is not limited to, arranging financial and technical support,
developing appropriate structures of teacher training, enforcing
policy, and ensuring follow through in implementation while
engaging in research and development activities.
The chapter also addresses the role and composition of
SMCs, as well as the nature and functions of National and State
Advisory Councils for effective implementation of the RTE Act.
The illustrations and information boxes in this chapter include
an organogram of RTE Act implementing authorities and women’s
participation in SMCs.
It is widely recognised that when teachers and parents work
in tandem, it helps children progress well in school. While this
involvement is beneficial for all students, children with disability
related special needs, and those belonging to disadvantaged groups
and weaker sections gain more. Parents know their children well
and they need to feel empowered to voice their concerns. They also
need to understand their rights under the RTE Act.
Chapter 4, ‘Involving Parents’, creates awareness about these
and other related issues. It highlights the moral responsibility of
every parent or guardian to admit their children in school. The
chapter highlights the role of parents in planning and managing
school programmes through their major representations in SMCs.
It delves into their duties and obligations as parents for the
education of their children. The chapter covers some important
questions like who a parent or guardian is, how parents can share
the responsibility of educating children, how a child, who has no
parents, can go to school, whether parents face penalty for not
sending their children to school, etc. The content placed in the
boxes highlight the significance of the RTE Act related to monitoring
the right to education, the process of redressal of grievances,
and SMC rules. The selected pictorial depictions and newspaper
clippings focus on the education of the girl child and conversation
among SMC members that bring forth important issues such as the
participation of women and parents of children with disabilities.

xi
 ‘Schools for All’, the fifth chapter in this book, addresses the
requirements and guidelines that apply to schools under the RTE
Act. The Act prescribes certain minimum norms and standards
for all schools. These are explained in detail through questions
and answers as well as through information boxes and fictional
narrative accounts. Barrier-free access to schools, the proximity
of school to home, the guidelines for admissions, the minimum
infrastructural requirements of schools, etc., are all issues that are
addressed in this chapter. Additionally, this chapter highlights the
main duties and responsibilities of appropriate governments for
promoting access and attendance in schools by focusing on school
improvement.
Issues like out-of-term school admissions; minimum
reservations for free education; action against schools for non-
compliance; school development plans; and overall monitoring
of effective implementation of RTE Act are also addressed across
this chapter. Government schemes such as the ‘Accessible India
Campaign (Sugamya Bharat Abhiyaan)’ to make India ‘disabled-
friendly’ by the Department of Empowerment of Persons with
Disabilities (DEPwD), Ministry of Social Justice and Empowerment,
are also discussed. The boxes in this chapter consist of pictorial
depictions of the Braille script and sign language, accounts of
children overcoming difficulties, and gaining access to school
education and information on compulsory requirements; for
example, playgrounds in all schools.
Chapter 6, ‘Empowering Teachers’, pivots around the roles and
responsibilities of teachers as per the RTE Act. It provides details
about the minimum qualifications of elementary school teachers,
including essential training requirements for teaching children
with special needs. The emphasis is on the role of the teacher as
an indispensable part of school education and their rights and
duties within it. Teachers are the driving force of the system of
education all across the world. It is this group of professionals
that is entrusted with sustaining and empowering the education
system of any society. Yet, they often are some of the most
disempowered professionals of the education system. The RTE
(Amendment) Act, 2015 under Section 21A makes provision for
a four-step grievance redressal mechanism for teachers, thereby
xii
ensuring them timely as well as effective remedy and assistance.
This chapter also addresses issues like the teachers’ professional
concerns and their career related anxieties. The information boxes
in this chapter detail the responsibilities of schools and teachers in
terms of norms and standards, a list of do’s and don’ts for teachers
according to the RTE Act, a narrative account of the teachers’
grievance redressal and a teacher’s initiative in enabling inclusive
learning.
‘Access to Curriculum’, the seventh chapter of this book,
highlights the ways in which the curriculum is made accessible
to all children keeping in mind their varied needs. It begins
with locating the responsibility of designing the curriculum
and evaluation procedures with the concerned authorities and
organisations. This chapter highlights how the curriculum is
aligned with constitutional values and consequently how it caters
to the needs of all children as outlined in the National Curriculum
Framework, 2005.
This chapter also refers to the policy document ‘Some Inputs
for Draft National Educational Policy, 2016’ to provide a glimpse
of modifications and changes suggested in the educational policy
of the Government. There are specific curricular considerations
for children with special needs and those from disadvantaged
groups and weaker sections. The chapter contains information
on the roles of teachers and parents in promoting an all-round
development of all children, including children with special needs.
This involves steps that can be taken to build a child’s knowledge,
skills, and talent. The emphasis is that all children can engage with
the curriculum and therefore, teachers and parents should be able
to support children in negotiating with it. Issues like enabling and
maintaining child-friendly environments, child-centred curriculum
and evaluation procedures, certification, learning outcomes, no-
detention, etc., are also addressed in this chapter. The information
boxes focus on the methodology of activity-based learning, fictional
accounts of students reflecting on their curriculum, and provision
of schools for children with special needs.
The last chapter of this book called ‘Protection of the Rights
of Children’ centres on RTE Act’s provisions for ensuring that no

xiii
child is subject to discrimination and harassment. This chapter
highlights the functions of the National and State Councils for the
Protection of the Rights of Children. It also addresses issues like
approaching concerned authorities and appropriate litigations in
the case of the violation of children’s rights, etc.
The chapters in this book will be of use for any person interested
in the educational rights of all children, especially those belonging
to the disadvantaged groups and weaker sections. The book can
be used for a quick reference on various provisions made under
the RTE Act as well as the provisions made for inclusive education
under the RPwD Act, 2016.
It is expected that the book, Educational Rights of Children with
Special Needs: Frequently Asked Questions will provide the required
impetus in developing a fuller understanding of the educational
rights of children with special needs and fulfil its objective of
simplifying the RTE Act and other related legal provisions for all.

xiv
 Development Team

Advisory Committee Members

A.K. Mittal, President, All India Confederation
of the Blind (AICB)
Annie Namala, Executive Director, Centre for
Social Equity and Inclusion
Karandeep Bhagat, Operation Director, Centre
for Social Equity and Inclusion
Merry Barua, Founder, Action for Autism
Poonam Natrajan, Founder, Vidya Sagar
Radhika Alkazi, Founder and Managing
Trustee, ASTHA
Shanti Auluck, Founder President, Muskaan
Sudesh Mukhopadhyay, Chairperson, RCI
Surinder Randhawa, Sr. Consultant, BAASLS-
NCDS, IGNOU
Varsha Gathoo, HOD, Department of
Education, Ali Yafar Jung National Institute for Hearing
Handicapped

Workshop Participants
Ajay N. Kakade, IED Coordinator, SSA Maharashtra
B.D.V. Prasada Murthy, IE Coordinator, SSA Andhra Pradesh
C.B. Dubey, TGT, J.P.M. Senior Secondary School for Blind
D.N. Azad, IED Coordinator, SSA Himachal Pradesh
Geet Oberoi, Founder, Orkids Foundation
Jayanti Narayan, Former Dy. Director, NIMH
Jayanti Prakash, Programme Manager, Learning Links Foundation
Kanan Sadhu, Professor, DEGSN, NCERT
Kavita Sharma, Associate Professor, DEE, NCERT
Krishna Bansal, Programme Manager, Advocacy, CRY
Kuldeep Singh, IE Coordinator, Department of Elementary
Education, Government of Haryana
Mohita Mitla, Associate Teacher, Ability Development and Inclusion
Team, AADI
Nabajit Malakar, Illustrator, Moving Canvas
Nalini Juneja, Professor, NIEPA
Naveen Kumar Gautam, IE Coordinator, SSA Rajasthan
Padma Yadav, Associate Professor, DEE, NCERT
Palakshaiah, RTE Coordinator, SSA Karnataka
Parshuram Kushwah, IE Coordinator, SSA Madhya Pradesh
Pramod Kumar, State Programme Officer, RTE, SSA Haryana
Pramod T. Gaonkar, RTE Coordinator, SSA Maharashtra
Puja Lalchandani, Associate Teacher, Ability Development and
Inclusion Team, AADI
Rajshree Pradhan, Sr. Lecturer, DIET Karkardooma
Shamsher Singh Chahal, IE Coordinator, SSA, UT Chandigarh
Shikha Hundal, Technical Expert, NCPCR
Shreekant Katariya, IE Coordinator, SSA, Chandigarh
Shruti Bodh Agarwal, Directorate of Education, OSD-RTE, Delhi
Smita Pandey, Technical Expert, NCPCR
Sudhanshu Grover, Senior Resource Person, Action for Autism
Surender Singh Rangta, Access and RTE Coordinator, Himachal
Pradesh
Vinay Kumar Singh, Associate Professor, DEGSN, NCERT

Academic Contributors
Anupam Ahuja, Professor of Special Needs Education and Head,
International Relations Division, NCERT
Zoya Chadha, Senior Research Associate, Department of Education
of Groups with Special Needs

xvi
 Acknowledgements

The Department of Education of Groups with Special Needs

(DEGSN), NCERT takes the opportunity to acknowledge and thank
the individuals who participated in the workshops and contributed
specifically or implicitly to this book. The project was initiated
with the formation of an Advisory Committee; and thanks are
due to the members for their valuable guidance and constant
support. The development of the document involved contributions
in workshops represented by a range of stakeholders and groups,
including regular school teachers, resource teachers, and other
experts from Universities and Non-Governmental Organisations
(NGOs) who provided their rich inputs. The inputs gathered from
the workshops were used to fine tune the content and finalise the
draft of the book.
The efforts of the following experts during different phases
of the development are also gratefully acknowledged—Ashok
Agarwal, Social Jurist, Nalini Juneja, Department of School and
Non-Formal Education, NUEPA; Veera Gupta, Department of
Educational Policy, NUEPA; Radhika Alkazi, ASTHA and DEGSN
faculty members: Anita Julka, Vinay Singh and Bharti. We owe
a special gratitude to the external reviewers of the book as well:
N.K. Jangira, former Senior Education Specialist, World Bank and
Former Head, DTE, NCERT; and Anupriya Chadha, Chief
Consultant, TSG-EDCIL, who enriched the draft with their critical
insight and timely intervention.
Special thanks are due to the Junior Project Fellows—Geetika
Jain for compiling the initial draft, and Deepabali Bhattacharjee
for authenticating the sections and clauses therein. Thereafter,
Arunima Naithani and Richa Srivastava, Senior Research
Associates, took up the project; the former was responsible for taking
forward the draft and, visualising and placing of the illustrations
while the latter made an immense contribution in the form of
reviewing the draft and finalising the introductory pages of the book.
 A special appreciation is also due to Shikha Singh, Senior
Research Associate, who painstakingly added great value during the
final stages of the book. Her efforts were particularly instrumental
in enriching the content with recent policy and legal provisions.
The Department acknowledges their consistent efforts, dedication,
and commitment towards developing and giving final touches to
the book.
We owe sincere thanks for the creative inputs by Nidhi Wadhwa
and her team, who worked on the illustrations, artwork, and layout
of this book. The Department appreciates the efforts of Usha Nair
for editing the book, Naresh Gupta for proofreading the final draft
and Anjan Prasad for typing assistance as a DTP Operator.
Thanks are also due to Chanchal Chauhan, Proofreader
(Contractual) for proofreading this book. Surender Kumar, DTP
Operator and Masihuddin, DTP Operator (Contractual), Publication
Division, NCERT, are also acknowledged for finalising this book.
This list of expression of gratitude, towards those who made
direct or indirect contributions, is by no means exhaustive; and
we are grateful to each one who was involved in any manner in
bringing out this book to the present shape.
We hope that this document will fulfil the purpose of
understanding and implementing the Right to Education (RTE) Act
and take the agenda of inclusive education forward by promoting
education of all children, including the children with special needs.

xviii
 Contents

Foreword iii

Preface v

About the Book vii

List of Abbreviations xxi

Have You Met? 1–2

Chapter 1 : Understanding the RTE Act 3–30

Chapter 2 : Understanding Specific Rights 31–46

of Children

Chapter 3 : Implementing the RTE Act 47–57

Duties of Key Personnel

Chapter 4 : Involving Parents 58–74

Chapter 5 : Schools for All 75–117

Chapter 6 : Empowering Teachers 118–139

Chapter 7 : Access to Curriculum 140–170

Chapter 8 : Protection of the Rights of Children 171–185

Appendix
A. RTE Rules, Guidelines and Notifications 186–188
B. Important References 188–189
Whenever I talk with someone I learn from him.
I take from him more than I give him. In this way,
a true teacher regards himself as a student of his
students. If you will teach your pupils with this
attitude, you will benefit much from them.

—Mahatma Gandhi
 List of Abbreviations

CCE Continuous and Comprehensive Evaluation

CWD Child with Disability
CWSN Children with Special Needs
GoI Government of India
LA Local Authority
MHRD Ministry of Human Resource Development
MoE Ministry of Education
NAC National Advisory Council
NCERT National Council of Educational Research and Training
NCF National Curriculum Framework
NCPCR National Commission for Protection of Child Rights
NCTE National Council for Teacher Education

NGO Non-Governmental Organisation

OOSC Out of School Children

PTR Pupil-Teacher Ratio
PWD Persons with Disabilities
RPwD Rights of Persons with Disabilities
RTE Right of Children to Free and Compulsory Education
SCERT State Council of Educational Research and Training
SCPCR State Commission for Protection of Child Rights
SMCs School Management Committees
SSA Samagra Shiksha Abhiyan
UNESCO United Nations Educational, Scientific and
Cultural Organization
UNICEF United Nations International Children’s Emergency
Fund
UT Union Territory
 Have You Met?

Reema has hearing impairment

and locomotor disability caused
by a road accident. She could not
attend school for a while. Now,
she is continuing her schooling
through a home-based education
programme. A special educator
attends to her learning needs.

Sanju was spotted at a railway

station and taken to a safe
residential home. He was then
admitted to the residential
home’s neighbourhood school
uptil the time his parents were
located six months later.

Mira lives with her grandmother,

who is her current guardian.
Her parents have migrated to
another city in search of work.
Recently, she was admitted in
a neighbourhood school with
the help of a kinship certificate
despite lacking other documents
and her parents’ involvement
in the admission procedure. A
neighbour, an SMC member,
guided her grandmother.
 Ricky is a ten-year-old boy
who is a street vendor and
has never been to school. A
teacher from a neighbourhood
school got him admitted in
a neighbourhood school in
his age-appropriate class,
after taking special training
without any entrance test and
school fee.

Ms Minz, along with some other

teachers at the neighbourhood
school, was facing problems due
to the inconsiderate behaviour of
the school principal. The teachers
voiced their grievances to the
SMC members, and a meeting
was held with the principal. With
the help of the SMC members,
the matter was resolved within
fifteen days.

Reshma is orthopaedically challenged

and has poor hearing in her left
ear. As she attained puberty, her
parents withdrew her from school.
On the advice of the SMC members
of the neighbourhood school, she was
re-admitted in her age-appropriate
class after one year of special training.

2 Educational Rights of Children with Special Needs — FAQs

 1
Chapter
Understanding the
RTE Act

“All of us do not have equal talent. But, all of us have

an equal opportunity to develop our talents.”

— A.P.J. Abdul Kalam

“I waited each day, without fail, for the school bell to

ring and the gates of the school to open, only to see
smiling faces of children from the neighbourhood in
Understanding the RTE Act

school uniform with their bags and books. And how I

wished I could be like them.” (Sonu was engaged in
labour from an early age to support his family.)

“The enactment of RTE Act in 2009 opened the

school gates for Sonu and gave him the right to
avail free elementary education in a neighbourhood
school. As a teacher in the neighbourhood school,
I met his parents and encouraged them to send
him to school. I ensured them that his education
would not add to the family expenses.”

“Rinku, the daughter of a farmer, could not sit

up, crawl, or speak properly as a child. She was
diagnosed with cerebral palsy and mild intellectual
disability. She also underwent surgery for both her
legs. Using the rolletor, Rinku learnt to walk slowly
at home. Later, she was enrolled in a government
school, and placed under the home-based education
programme. Today, Rinku’s parents express their
satisfaction at the intervention of the resource person
who identified her and gave their daughter the
required upstart.”
 The aim of this chapter is to:
)) Present an outline of the Right of Children to Free and Compulsory
Education (RTE) Act, its unique features, and importance in ensuring rights
of all children.
)) Demystify the legal terminologies to help develop a fuller understanding
of terms such as ‘free’, ‘compulsory’, ‘elementary education’, ‘appropriate
government’, ‘child with disability’, and so on.
)) Enrich the reader’s understanding related to the rights of children as per the
RTE Act, especially those belonging to disadvantaged groups and weaker
sections of society, with special focus on children with disabilities.

1. What is ‘The Right of Children to Free and Compulsory

Education (RTE) Act’? How and when did it come into
effect?
Ans. The Right of Children to Free and Compulsory Education Act,
2009 or Right to Education Act (RTE), as it is often called
an Act of the Parliament. It ensures that every child within
the age-group of six to fourteen years in our country has a
fundamental right to pursue free and compulsory elementary
education in a neighbourhood school.

This fundamental right of children came into effect from

1 April, 2010 with the insertion of Article 21A in the Constitution
of India by the eighty-sixth (86th) Constitution Amendment Act
of 2002, which states that “the States shall provide free and
compulsory education to all children of the age group of six
to fourteen (6–14) years in such manner as the State may, by
law, determine”.
According to the Ministry of Human Resource Development
(MHRD), the RTE Act, as envisaged under Article 21A, implies that
every child has a right to pursue full-time elementary education of
satisfactory and equitable quality in a formal school which satisfies
certain essential norms and standards.

4 Educational Rights of Children with Special Needs — FAQs

2. What are the series of important events that led to the
implementation of Right to Education Act?
Ans. The following legislative actions took place after the 86th
Amendment in December 2002:

●● 2003: The Free and Compulsory Education for Children

Bill, 2003

●● 2004: The Free and Compulsory Education Bill, 2004

●● 2005: The Right to Education Bill, 2005 (CABE Bill)

●● 2006: Central legislation was discarded. The States were

advised to make their own Bills based on the Model Right to
Education Bill, 2006

●● 2008-09: The Right of Children to Free and Compulsory

Education Bill, 2008, was introduced and passed in Rajya
Sabha and Lok Sabha, with the central legislation restored.
In 2009, President’s assent was received. However, the
notification of the Act and the 86th Amendment, was issued
on 19 February, 2010, in the Gazette of India, stating that
implementation will begin from 1 April, 2010, eight months
after the presidential assent.

[Adapted from Raina, V. 2010. FAQs on the Right to Free and

Compulsory Education Act 2009. Version 2. Bharat Gyan Vigyan
Samiti and UNICEF. New Delhi.]

3. What makes the Right to Education Act unique and

historic?
Ans. This Act is unique due to the following reasons:

●● the definition of ‘free’ means that education in school

is free.

●● the ‘compulsion’ being on the appropriate governments

rather than on parents.

●● the stress is on inclusion and ending discrimination.

Understanding the RTE Act 5

Some other salient features of the Act include:
●● defining minimum norms and standards
for the school.
●● prescribing quality principles for
the teaching-learning process.
●● addressing the emotional,
stress, and anxiety issues
of children.
●● an external
constitutional
body for
monitoring
the Act.

India became the 135th country in the world to guarantee

universal elementary education for its children.

For more details on Right to Education Act, 2009, refer to:

Raina, V. 2010. FAQs on the Right to Free and Compulsory
Education Act, 2009. Version 2. Bharat Gyan Vigyan Samiti
and UNICEF, New Delhi.

6 Educational Rights of Children with Special Needs — FAQs

 DO YOU KNOW ?
Elementary Education is a Fundamental
Right of children in India

F u n d a m e n ta l Ri g h t s
Fr eedom Consti tutional
Equality Remedies
Against Fr eedom of
Cultural &
Exploi tation Religion
Educational

1. What are Fundamental Rights?

Fundamental Rights are meant to preserve individual
liberty and democratic principles based on the equality of
all members of the society. Fundamental Rights are the
most important rights that are recognised by the State and
enshrined in the Constitution.
2. Why are these rights fundamental?
These significant rights are fundamental because they are
mentioned in the Constitution of India, which guarantees
them, and at the same time, these rights are justiciable,
that is, they are enforceable through the court.
3. How does the Constitution of India guarantee fundamental
rights?
The fundamental rights are embodied in Part III of the
Constitution, which guarantees civil rights to all citizens
of India, and prevents the State from encroaching on the
individual liberty while simultaneously placing upon it an
obligation to protect the citizens’ rights from encroachment
by society.

Understanding the RTE Act 7

 The Constitution guarantees six fundamental rights to
Indian citizens. These include:
1. Right to Equality (Articles 14–18)
2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to Freedom of Religion (Articles 25–28)
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Constitutional Remedies (Articles 32–35)
4. What is meant by the fundamental rights being justiciable?
It means that these rights are just and enforceable through
the court. That is, in case of their violation, the citizens
can approach the court for the protection of their rights.
These fundamental rights also act as limitations on the
powers of the legislature and executive, under Article 13.
In case of any violation of these rights, the Supreme Court
of India and the High Courts of the respective States have
the power to declare such legislative or executive action as
unconstitutional and void.
While these fundamental rights are universal, the
Constitution of India provides for some exceptions and
restrictions. The fundamental rights are not absolute and
are subject to reasonable restrictions, as necessary for the
protection of the public interest.

For more details on fundamental rights, refer to:

¾¾ National Institute of Open Schooling, Module 3, Democracy

at Work, Fundamental Rights and Fundamental Duties.
Retrieved from: [Link]
secsocscicour/english/[Link]

¾¾ NCERT. 2015. Rights in the Indian Constitution. Retrieved

from: [Link]/ncerts/l/[Link]

8 Educational Rights of Children with Special Needs — FAQs

 Kids take school to court for denying admission under
Right to Education

Date: 22 April, 2014

Bangalore: A bunch of six-year-olds on Monday moved the

Karnataka High Court, seeking to know why they could not be
admitted to a private school in Kalyan Nagar, under the Right
to Education (RTE) quota.

In response to the petition, the High Court ordered notices

to the State Government, National Council for Minority
Education and CMR National Public School, Kalyan Nagar.
Justice Anand Byrareddy also ordered notice to the BEO
(North Range-III) in response to the petition filed by Akash
and seven other children.

The petitioners, who are seeking admission to Class I of

this school under the Right of Children to Free and Compulsory
Education (RTE) Act, 2009, on the strength of the list issued
by the local block education officer, have complained that the
school authorities failed to issue an endorsement as to why
they could not be given admission under the RTE.

They also contended that the school had admitted

students under the RTE in the previous academic year. They
said they would lose one year of academics if they weren’t
admitted to Class I, while terming the school’s action to deny
them admission as “illegal”...

[Source:  [Link]
take-school-to-court-for-denying-admission-under-Right-to-Education/
articleshow/[Link]]

The definition of the RTE Act integrates the words ‘free’ and
‘compulsory’ ‘elementary education’ in a ‘neighbourhood school’
for ‘every child’ within the age group of six to fourteen years.

Understanding the RTE Act 9

4. What does the term ‘every child’ signify in the RTE
Act?
Ans. According to the RTE Act, the word ‘child’ means a female
or male child in the age group of six to fourteen years as
contained in Article 21A [Clause (c) of Section 2]. The Draft
National Policy 2019, however, proposes to extend the RTE
Act to all children under 18 years of age.

5. The RTE Act provides for ‘free’ education. What does it

imply?
Ans. According to the RTE Act, the word ‘free’ means that no child
shall be liable to pay any kind of fee charge or expense, which
may prevent him/her from pursuing and completing the
elementary education [Section 3(2)]. It is the responsibility of
the appropriate government and local authority to make sure
that a child attending a school shall be entitled to free education
[Rule 9(1) of RTE Rules, 2010], and in particular, to:

Definition of the term ‘free education’ by States as per the

State Rules
Andhra Pradesh: ‘Free education’ means
providing elementary education to all
children, with no direct costs to be borne by
the parents of child, such as, fees, capitation Andhra
fees, or indirect costs like services and fees Pradesh
for stationery, etc. The Government shall
provide free textbooks, notebooks, that is,
one notebook per subject, and other writing
material, mid-day meals with nutritional
value, uniforms, in neighbourhood schools
run by the Government.
Nagaland: ‘Free education’ means no child shall
be liable to pay admission, tuition, examination
or any other fees which may prevent her or
him from pursuing and completing elementary
dn
la

education, and includes providing textbooks,

ga
Na

one time writing material with minimum

requirement in an academic year, and uniforms
as prescribed by the implementing authority
from time to time.

10 Educational Rights of Children with Special Needs — FAQs

 (i) Free textbooks, writing material, and uniforms. In
addition, a child with disability shall be entitled also for
free special learning and support material [Rule 9(1) of
RTE Rules, 2010];

(ii) For children from small hamlets—adequate arrangements,

such as free transportation and residential facilities, for
providing elementary education in a school, in relaxation
of the area or limits and [Rule 6(4) of RTE Rules, 2010];

(iii) And no school can seek any kind of donation, contribution,

or payment in the form of capitation, fees [Section 13(1) of
RTE Act, 2009].

For more details on free education, refer to:

¾¾ MHRD, GoI, Right to Education, Department of School

Education and Literacy. Retrieved from: [Link]
[Link]/rte_state_rules

6. What is a ‘neighbourhood school’?

Ans. Compulsory elementary education in a ‘neighbourhood
school’, according to the RTE Act, ensures that every child has
easy access to school, situated in close physical proximity.
The area or limits of the neighbourhood within which a school
has to be established by the appropriate government or the
local authority shall be [Rule 6(1) of RTE Rules, 2010]:

(i) in respect of children in Classes I–V, a school shall be

established within walking distance of one kilometre of
the neighbourhood; and

Understanding the RTE Act 11

 (ii) in respect of children in Classes VI–VIII, a school shall be
established within walking distance of three kilometre of
the neighbourhood.

7. What is meant by the term “compulsory education” in

the RTE Act?
Ans. According to the RTE Act, “compulsory education” means that
it is the obligation of the appropriate government to provide
free elementary education to every child in the age group of
six to fourteen years. It shall also ensure their admission,
attendance, and completion of elementary education [Clause
(a) of Section 8]. In addition, the word “compulsory” in the
title stands for obligation of the State and duty of parents to
send their children to school.

This has immediate impact on child labour, that is, if the

child is engaged in child labour and is not in school, it is the
Government which is in violation of law. In other words, if a
child in the age group of six to fourteen years is working at a
tea shop, dhaba, mechanic shop, agricultural field, cooking
at home, or simply wandering around when the school
is functioning, then the Government is violating their
fundamental right.

12 Educational Rights of Children with Special Needs — FAQs

 The Child and Adolescent Labour (Prohibition and Regulation)
Amendment Act, 1986
The Child and Adolescent Labour (Prohibition and Regulation)
Amendment Act, 1986 prohibits the employment of a child in —
(1) mines, (2) inflammable substances and explosives, and (3)
hazardous process, the latter as mentioned in the Factories
Act, 1948.

Provided that it does not affect the school education of the

child, the Act permits:
a) the child to help their family or family enterprises, which is
other than any hazardous occupations or processes set forth
in the Schedule, after their school hours or during vacations;
b) the child to work as an artist in an audio-visual entertainment
industry, including advertisement, films, television serials,
or any such other entertainment or sports activities, except
the circus, subject to such conditions and safety measures,
as may be prescribed.
As per this Act, ‘child’ means a person who has not completed
his fourteenth year of age or such age as maybe specified in the
Right of Children to Free and Compulsory Education Act, 2009
(35 of 2009), whichever is more. The Act provides punishment
for the offence of employing or permitting employment of any
child in contravention of the provisions of this Act.

For more details on the Child and Adolescent Labour Act, 1986,
refer to: [Link]/child-women-labour

Understanding the RTE Act 13

8. How does the RTE Act define “elementary education”?
Ans. In the RTE Act, “elementary education” means education from
Class I (one) to Class VIII (eight) [Clause (f) of Section 2].

9. How is a “school” defined in the RTE Act?

Ans. According to the RTE Act, “school” means any recognised
institution imparting elementary education [Clause (n) of
Section 2]. It also includes:

(i) a school established, owned or controlled by the

appropriate government or the local authority;

(ii) an aided school receiving aid or grants to meet whole or

part of its expenses from the appropriate government or
the local authority;

(iii) a school belonging to specified category; and

(a) “specified category”, in relation to a school, means

a school known as Kendriya Vidyalaya, Navodaya
Vidyalaya, Sainik School or any other school having a
distinct character which may be specified, by notification,
by the appropriate government [Clause (p) of Section 2];

(iv) an unaided school not receiving any kind of aid or grant,

to meet its expenses, from the appropriate government or
the local authority.

10. The RTE Act covers the education of children belonging

to the “disadvantaged groups and weaker sections”.
Who are the children included in this category?
Ans. The education of “every child” is given importance in the RTE
Act, and includes:

Child belonging to disadvantaged group means [Clause (d) of

Section 2]:

●● a child with disability or

●● a child belonging to the Scheduled Caste, the Scheduled

Tribe, the socially and educationally-backward class, or such
other groups having disadvantage owing to social, cultural,

14 Educational Rights of Children with Special Needs — FAQs

 Admissions under RTE Act begin in city

Date: 04 May, 2013

Chennai: ...According to the RTE Act, disadvantaged groups

include persons from SC and ST categories, socially and
educationally backward classes, or other such groups that are
at a disadvantage due to gender or social, cultural, economical,
geographical and linguistic factors.

The Tamil Nadu Rules add: a child who is an orphan, affected

with HIV virus, a transgender or the child of a transgender are
eligible for provisions under the RTE Act. Children of parents
or guardians whose income is lower than ` 2 lakh per annum
qualify as ‘belonging to weaker sections.’
[Source: [Link]/news/cities/chennai/admissions-under-rte-
act-begin-in-city/[Link]]

economical, geographical, linguistic, gender, or such other

factors, as maybe specified by the appropriate government,
by notification. And a child belonging to weaker section
means [Clause (e) of Section 2 of RTE Act, 2009]:

●● a child belonging to such parent or guardian, whose annual

income is lower than the minimum limit specified by the
appropriate government, by notification.

11. Children from disadvantaged groups and weaker

sections of society differ across various parts of the
country. How does the Act address these differences
while defining such groups?
Ans. According to the RTE Act, the appropriate governments
can notify different categories of children belonging to
“disadvantaged groups and weaker sections” in different
districts and sub-districts of the State. Most of the States
have issued notifications regarding the different categories of
children covered under these categories.

Understanding the RTE Act 15

 State definitions of children belonging to disadvantaged
groups and weaker sections: A few examples
Andhra Pradesh
●● Child belonging to socially disadvantaged groups
Andhra
means a child belonging to the Scheduled Caste, Pradesh
Scheduled Tribe, orphans, migrants, and street
children, children with special needs and HIV
affected/infected children.
●● Child belonging to weaker sections means a
child belonging to the backward communities, minorities,
and includes other categories whose parents’ income does not
exceed ` 60,000/- per annum.

Kerala
●● Child belonging to weaker sections means a child with a parent or
Ker

guardian whose income is less than ` 60,000/- per annum.

Similarly, child belonging to disadvantaged groups means
ala

●●
a child belonging to the Scheduled Caste, Scheduled Tribe,
socially and educationally backward classes, and a child
belonging to the following categories:
(i) HIV affected children and children of HIV affected parents;
(ii) orphans and children from recognised orphanages;
(iii) children with learning disabilities;
(iv) children with autism, cerebral palsy, etc.; and
(v) children with special needs.

Delhi

Child belonging to disadvantaged group means:

●● a child belonging to the Scheduled Castes, Scheduled
Delhi
Tribes, and Other Backward Classes (non-creamy
layer);

●● a child with special needs and suffering from disability;

●● a transgender child; and

●● a child living with or affected by HIV.

16 Educational Rights of Children with Special Needs — FAQs

 Tamil Nadu

Children belonging to weaker sections include those whose

parents’/guardian’s annual income is less than two lakh rupees.
Children belonging to disadvantaged groups include:

●● children belonging to the Scheduled Castes,

u
ad
Scheduled Tribes, Backward Classes and

lN
Most Backward Classes;

mi
●● orphans;

Ta
●● children infected with HIV;
●● transgender children; and

●● children of scavengers.

Abandoned Working Children affected

Orphans
children children by HIV/AIDS

Have you seen these children around you?

Children of
parents with
AIDS/HIV

Transgender
children
Children living in slums Child beggars

Displaced Children
children involved in
the sex trade

Children of
single-parent Homeless
families, and children
domestic workers Children subjected to
violence

Understanding the RTE Act 17

Children living in poverty Children engaged in Children affected by
or extreme poverty labour natural disasters

For more details, refer to:

MHRD, GoI, Department of School Education and Literacy.
Retrieved from: [Link]

Schools show the door to HIV kids; Supreme Court

takes up their cause

Date: 17 January, 2017

New Delhi: According to a study by Naz Foundation, children

living with or affected by HIV/AIDS are increasingly being
denied admission, suspended, expelled and segregated in
classroom.

...The NGO found that children living with or affected by

HIV/AIDS are increasingly being denied admission, suspended,
expelled and segregated in classroom, they are being publicly
ridiculed by school authorities.... But now, there is some hope
for such children as the Supreme Court on Monday promised
to lay down guidelines under the Right to Education Act to
protect such students.

...According to the latest report of National Aids Control

Organisation (NACO), the total number of people living with
HIV in India is estimated at around 30.9 lakh and children
less than 15 years of age account for 2.45 lakh.

18 Educational Rights of Children with Special Needs — FAQs

 According to UNICEF India, there are 2,20,000 children
infected by HIV/AIDS in India. It is approximated that every
year, 55,000 to 60,000 children are born to mothers who are
HIV positive. Thirty per cent of these children are likely to be
infected themselves. The NGOs told the court that the breach
of confidentiality regarding children’s HIV-positive status was
the beginning of their mistreatment.

Highlighting the severity of the situation, the plea pointed

out that there have been incidents where HIV/AIDS afflicted
students were made to clean toilets and classrooms.

...The PIL sought the following prayers. No child affected

by HIV/AIDS be suspended or expelled from any educational
institution or segregated in the class, the Centre be asked to
frame and notify comprehensive guidelines under Section 35(1)
of the RTE Act, 2009, pertaining to children living with and
affected by HIV/AIDS in schools, covering issues of right to
education without any discrimination and confidentiality of
their HIV-positive status.

[Source: [Link]
the-door-sc-right-to-education/1/[Link]]

12. How is the RTE Act significant for children belonging

to disadvantaged groups and weaker sections?
Ans.
“The problem is not how to wipe out all differences
but how to unite with all differences intact.”
— Rabindranath Tagore

The Right to Education Act in India is a significant act which

focuses on the education of all children in the age group of
6 to 14 years. Each child is an individual with their unique
identity, strengths, and differences. However, in any society,
there are several groups of children who are disadvantaged
owing to their gender, disability (physical, sensory, cognitive and
others), socio-economic status of the family, religious, ethnic,
cultural, and geographical location and several other factors.

Understanding the RTE Act 19

 Role of Schools

The former UN Special Rapporteur for the Commission for

Social Development on Disability, Bengt Lindqvist, emphasised
the role of schools as sites where:

“all children and young people of the world, with their

individual strengths and weaknesses, with their hopes
and expectations, have the right to education…. it is
the school system of a country that must be adjusted to
meet the needs of all its children.”

(B. Lindqvist, UN Rapporteur, 1994)

Goa government issues guidelines to make schools a

secure place for transgender students

Date: 24 December, 2019

New Delhi: ...“In exercise of the powers conferred by Clause D

of Section 2 of the Right of Children to Free and Compulsory
Education Act, 2009 (35 of 2009) (RTE Act), the Lt-Governor
of Delhi is pleased to notify inclusion of a ‘transgender’ child
within the meaning of ‘child belonging to disadvantaged group’
as defined in the said section of the RTE Act applicable to all
schools situated within the National Capital Territory of Delhi,”
the notification issued by the Directorate of Education (DoE)
reads. Inclusion of transgender children in the disadvantaged
group comes on the heels of Delhi University’s decision to
acknowledge transgender students by introducing a third
gender category in its application form.

With the inclusion, transgender children will now be eligible

for 25 per cent reservation under the economically weaker
section (EWS) and disadvantaged students for admission into
city schools.

[Source: [Link] seats-

for-transgender-children-in-schools/]

20 Educational Rights of Children with Special Needs — FAQs

 In order to ensure that all children are able to participate fully
and equally in the educational process along with other children,
the RTE Act lays down some provisions specifically for children
belonging to disadvantaged groups and weaker sections. It
includes participation of parents of children from these categories
in the school management, relaxation in norms of neighbourhood
schools, compulsion on private schools to reserve 25 per cent
seats for children belonging to disadvantaged groups and weaker
sections in pre-school or Class I, and various other important
provisions (for more details, refer to Chapter 2 of this book).

13. Does the RTE Act apply only to children belonging to

poor families?
Ans. No, the RTE Act is not meant only for children belonging to
poor families. Any child who is living in India, rich, poor, or
born to parents of any caste, religion, or ethnicity shall have
a right to free and compulsory elementary education.

[Adapted from — Raina. 2010. FAQs on the Right to Free and Compulsory
Education Act, 2009. p. 25]

14. How does the Act cover children with disabilities?

Ans. To ensure that a child with disability is able to enjoy and
avail the rights provided under the RTE Act, an amendment
was passed by Parliament in 2012 and the words “child with
disability” were inserted in the definition of “child belonging
to disadvantaged group” [Clause (a) of Section 3 of RTE
Act, 2012]. Therefore, wherever the term “child belonging
to disadvantaged group” is used in the Act, it also includes
“child with disability”.

15. What are the disabilities covered under the Act?

Ans. The RTE Act refers to the previous law on persons with
disabilities, the Persons with Disabilities (Equal Opportunity,
Protection of Rights and Full Participation) act, 1995, which
now stands repealed.

Understanding the RTE Act 21

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

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

●● The National Trust for Welfare of Persons with Autism,

Cerebral Palsy, Mental Retardation and Multiple Disabilities
Act, 1999.

The new act called the Rights of Persons with Disabilities

(RPwD), 2016 came into force on 19 April, 2017. Thus, the RTE Act,
in Clause (b) of Section 3, of RTE (Amendment) Act, 2012 refers to
the “child with disability” to be included in the “child belonging to
disadvantaged group”. Clause (b) of Section 3 of RTE (Amendment)
Act, 2012 defines a “child with disability” accordingly:

(1) a child with disability as defined in Clause (s) of Section 2 of

the Rights for Persons with Disabilities Act, 2016, means a
‘person with long-term physical, mental, intellectual or sensory
impairment which, in interaction with barriers, hinders her/his
full and effective participation in society equally with others.’

(2) a child being a person with disability as defined in

Clause (j) of Section 2 of the National Trust for Welfare of
Persons with Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities Act, 1999 (44 of 1999).

Persons with Disability means a person suffering from any of the

conditions relating to autism, cerebral palsy, mental retardation
or a combination of any two or more of such conditions and
includes a person suffering from severe multiple disability.

(3) a child with severe disability as defined in Clause (o) of

Section 2 of the National Trust for Welfare of Persons with
Autism, Cerebral Palsy, Mental Retardation, and Multiple
Disabilities Act of 1999 (44 of 1999).

Severe disability means disability with eighty per cent or

more of one or more multiple disabilities.

22 Educational Rights of Children with Special Needs — FAQs

 For more details on the Rights of Children with Disabilities,
refer to:
¾¾ PwD Act, 1995, The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation)
Act, 1995. Retrieved from: [Link]
in/upload/uploadfiles/files/PWD_Act.pdf

¾¾ RPwD Act, 2016, The Rights of Persons with Disabilities Act,

2016. Retrieved from: [Link]
upload/up loadfiles/files/RPWD%20ACT%[Link]
¾¾ The National Trust Act, 1999. (No. 44 of 1999). Ministry of Law,
Justice and Company Affairs. Rules and Regulations. Retrieved
from: [Link]
[Link]

Some disabilities with definitions covered in the RTE Act

As defined in the Schedule of the RPwD Act, 2016:

1. Visual impairment
It includes:

I. Blindness: A condition where a person suffers from any of the

following conditions, after best correction:
(i) total absence of sight, or
(ii) visual acuity not exceeding 3/60 or 10/200 (Snellen) in
the better eye with best possible correction, or
(iii) limitation of the field of vision subtending an angle of
20 degree or worse.

II. Low vision: A condition where a person has any of the

following conditions:
(i) visual acuity not exceeding 6/18 or less than 3/60 or
up to 10/200 (Snellen) in the better eye with best possible
correction; or
(ii) limitation of the field of vision subtending an angle less
than 40 degrees and up to 10 degree.

Understanding the RTE Act 23

2. Hearing impairment
It includes:

Bl
in
I. deaf, which means a person having 70 DB

dn
es
hearing loss in speech frequencies

s
in both ears; af
De
II. hard of hearing, meaning a person
having 60 DB to 70 DB hearing Lo
loss in speech frequencies in w
vi
si
both ears. on

3. Physical disability
ng
It refers to a person’s inability to ari
He ment
execute distinctive activities r
m pai
associated with movement of self i
al
and objects, resulting from affliction Physic
lity
of musculoskeletal or nervous disabi
system or both. It includes:
I. Leprosy cured person:
A person who has been Lepr
osy
cure
cured of leprosy but is pers d
on
suffering from:

(i) loss of sensation in hands or

feet as well as loss of sensation
and paresis in the eye Extr
eme
phy
and eyelid but with no defo si
rmit cal
manifest deformity; y

(ii) manifest deformity and paresis, Cerebral pals

y
but having sufficient mobility
in their hands and feet to enable
them to engage in normal economic
hea of

activity; and
g
rin
rd
Ha

(iii) extreme physical deformity as well as advanced

age which prevents them from undertaking
any gainful occupation, and the expression
‘leprosy-cured’ shall be construed accordingly.

II. Cerebral palsy: Group of non-progressive neurological

condition affecting body movements and muscle

24 Educational Rights of Children with Special Needs — FAQs

 Lo abi
dis
co
mo ty
coordination, caused by damage to

to
li
one or more specific areas of the

r
brain, usually occurring before,
during or shortly after birth.

Lep d
re Me

cur
III. Dwarfism means a medical genetic

ro s
ta nt
rd al

e
condition resulting in an adult

y
at
height of 4 feet 10 inches (147 io
n
centimetres) or less.
IV. Muscle dystrophy means a group sm
of hereditary genetic muscle w arfi
D
disease that weakens
le
the muscles that move the human Multip
lities
body. Persons with multiple disabi
dystrophy have incorrect and
missing information in their
genes, which prevents them from Mus
cula
d r
making the proteins they need for Auti ystr
o phy
sm
healthy muscles. It is characterised
by progressive skeletal muscle
weakness, defects in muscle
proteins, and the death of muscle
Aci
cells and tissue. da
tta
ck
V. Acid attack victim means a person
disfigured due to violent assaults Intellec
tual
by throwing of acid or similar disabili
ty
corrosive substance.
4. Intellectual disability
dis rni c
es
abi ng
lea ecifi

A condition characterised by significant limitation
liti

both in intellectual functioning (reasoning, learning,

Sp

problem solving) and in adaptive behaviour which

covers a range of every day, social and practical
skills, including:
I. specific learning disabilities mean a heterogeneous group of
conditions wherein there is a deficit in processing language,
spoken or written, that may manifest itself as a difficulty to
comprehend, speak, read, write, spell, or to do mathematical

Understanding the RTE Act 25

 calculations and include such conditions as perceptual
disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and
developmental aphasia; and
II. autism spectrum disorder, means a neuro-
developmental condition typically appearing
in the first three years of life that significantly
affects a person’s ability to communicate,
ere understand relationships and relate to others,
Sev y
bilit and is frequently associated with unusual or
disa
stereotypical rituals or behaviours
marked by repetitive and ritualistic
o od rs
l e behaviour.
B rd
s o
5. Blood disorders
di
These include:
I. Haemophilia, means an inheritable
disease, usually affecting only male
but transmitted by women to their
ell
k l ec male children, characterised by loss
Sic e
eas or impairment of the normal clotting
dis
ability of blood so that a minor wound
may result in fatal bleeding.

II.
Thalassemia, means a group of
inherited disorders characterised
by reduced or absent amounts of
haemoglobin.
III. Sickle cell disease, means a hemolytic
disorder characterised by chronic
anaemia, painful events, and various
complications due to associated tissue and organ damage;
hemolytic refers to the destruction of the cell membrane of
red blood cells resulting in the release of haemoglobin.
IV. Disability caused due to chronic neurological conditions,
such as multiple sclerosis.
Multiple sclerosis means an inflammatory, nervous system
disease in which the myelin sheaths, around the axons of
nerve cells of the brain and spinal cord, are damaged, leading

26 Educational Rights of Children with Special Needs — FAQs

 to a state known as demyelination, which affects the ability of
nerve cells in the brain and spinal cord to communicate with
each other.
6. Multiple disabilities

Refer to a combination of more than one of the above-specified
disabilities, including deaf blindness, which means a condition
in which a person may have a combination of hearing
and visual impairments causing severe communication,
developmental, and educational problems.

For more details, refer to: RPwD Act, 2016, The Rights of
Persons with Disabilities Act, 2016. Retrieved from: http://
[Link]/upload/uploadfiles/files/
RPwD%20ACT%[Link]

Seven Common Myths on Disability

Myth Reality

It is believed that, Wasting time in searching for such

“Disabilities can be cured a cure will only delay the children
by sadhus, tantrics, acquiring the skills they are
ojhas...” capable of. Disability conditions
can be managed better using
appropriate measures and early
intervention. The focus should
be on making individuals more
independent in activities and
becoming contributing members of
the family and society.

Disability is a result of No one is to be blamed for a

‘karma’. Parents say: “I disability. It can happen to anyone.
have done something
Instead of blaming oneself,
wrong. It is my past
one should accept and look at the
karmas that I have to
child with disability as a child first,
suffer having a child with
accept their existing strength and
disability.”
provide encouragement as one
would to any other child.

Understanding the RTE Act 27

 Myth Reality

Disability is infectious. None of the disabilities listed in

the RPwD Act are infectious.

Children with disabilities have The capacity of a person with

limited learning capacities. a disability evolves with time,
Their capacity does not grow. exposure, education, interaction,
participation, acceptance, trust,
and encouragement.

The child with a disability is Every child is different. It is

different from other children. impossible to find a class of
students, all with similar skills,
talents, interests, and academic
abilities.

The child with disability Children with disabilities have the

cannot be included in right to go to mainstream schools,
mainstream schools. where teachers adopt different
teaching techniques, assistive
devices and adaptations, that will
help all children learn better.

Children with disabilities Each child is different with

cannot work and contribute. diverse talents and abilities.
They will always be a burden. Just as non-disabled persons
are recognised and included
as citizens and members of a
family and community for being
themselves, not because of any
talent. The same rights apply for
all children and people!

28 Educational Rights of Children with Special Needs — FAQs

16. The RTE Act lays the compulsion of providing free
elementary education on the appropriate government.
What does the term “appropriate government” in the
Act mean?
Ans. Education is a responsibility of both Central and State
Governments. The term “appropriate government” in the RTE
Act [Clause (a) of Section 2], refers to the Government under
which a school is established, owned, managed, or controlled.
It may be the Central or State Government or the Government
of a Union Territory having legislature.

17. What is meant by “local authority”?

Ans. According to the RTE Act, “local authority” means a Municipal
Council or Municipal Corporation or Zila Parishad or Nagar
Panchayat or Panchayat, by whatever name called, and
includes such other authority or body having administrative
control over the school or empowered by or under any law for
the time being in force to function as a local authority in any
city, town, or village [Clause (h) of Section 2].

Definition of the term ‘local authority’ by some States/

Union Territories as per the State/UT rules
Andaman and

Andaman and Nicobar Islands

The following have been declared as ‘local authorities’
for the purpose of the provisions of the Act:
●● Municipal Council in urban areas;
Nico

●● Panchayat Raj Institutions in rural areas; and

bar

●● Tribal Council in tribal areas (wherever Tribal

Isla

Council exists in Nicobar District).

nd
s

West Bengal
‘Local authority’ means:
●● in case of rural areas, Panchayat Samitis; and
●● in case of urban areas, the Municipality or
West Bengal Borough in respect of Municipal Corporations,
or any other urban authority duly notified.

Understanding the RTE Act 29

18. Is the Act applicable all over India?
Ans. Yes. The RTE Act shall extend to the whole of India
[Section 1 (2)].

For more details on free education, refer to:

MHRD, GoI, Department of School Education & Literacy.
Retrieved from: [Link]

30 Educational Rights of Children with Special Needs — FAQs

 2
Chapter
Understanding Specific
Rights of Children

“There is no trust more sacred than the one the world holds with
children. There is no duty more important than ensuring that their
rights are respected, that their welfare is protected, that their lives
are free from fear and want and that they can grow up in peace.”
— Kofi Annan
Understanding Specific Rights of Children

“Today’s potatoes taste just like home. It’s so nice

that Rahul is eating the mid-day meal with all
of us in the school courtyard. Now he can move
independently in and out of the school, as the mason
did a good job preparing the slope next to the stairs
at the entrance. Before the slope was made, Rahul
had to ask for help to move around. Now it is easy
for him to move around in his wheelchair at his own
pace, as and when he likes. His grandfather also
walks up using the slope when he visits the school.”

“I love going to school on my own, sitting in the

classroom and playing with my classmates, as
now my school is near my home. It has ramps and
slopes. This allows me to move freely in the school.
I can even go and solve a sum on the blackboard as
my teacher can adjust its height for me and Sanjana,
who is not as tall as other children. I can also move
in the class and sit with any of my friends.”

“Earlier, I used to meet new friends only at the

beginning of the new class, but now two children
from another State have joined my class after
the summer vacation. They regularly move from
one school to another, due to the nature of
their parents’ occupation as seasonal migrant
labourers in big cities.”

31
 The aim of this chapter is to:
)) provide detailed information related to specific rights of children belonging
to disadvantaged groups and weaker sections, especially children with
disabilities and those from migrant families.
)) elaborate the responsibilities of the school management and appropriate
government with a view to ensure a non-discriminatory school environment
for children belonging to disadvantaged groups and weaker sections.
)) equip the reader with the relevant information about the provisions
regarding education of children with disabilities; with focus on multiple or
severe disabilities and the provision of home-based education.

1. What are the specific rights of children belonging to

disadvantaged groups and weaker sections under the
RTE Act?
Ans. The RTE Act mandates provisions such as:

●● State Government, local authorities, and schools ensure

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

●● Private and specified category schools to admit at least 25

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

●● Children belonging to disadvantaged groups and weaker

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

●● The norms regarding the areas or limits of schools should

be relaxed for children in difficult terrains and dangerous
situations [Rule 6(3) of RTE Rules, 2010].

32 Educational Rights of Children with Special Needs — FAQs

 ●● Children from small hamlets
●● No discrimination and those with disabilities
●● 25 per cent strength in should be provided with
preschool or Class I
residential school facilities
●● Free entitlements for children
belonging to disadvantaged
and free transportation [Rule
groups and weaker sections 6(4) of RTE Rules, 2010].
●● Area of schools ●● Records should be
●● Free entitlements for children maintained by the local
with special needs authority regarding special or
●● School residential facilities for residential facilities required
children of migrant families
by the children of migrant
●● Role of parents as SMC
families, sparse population, or
members
those with disability [Rule 10
(4i) of RTE Rules, 2010].

The role of SMC members is also clearly delineated for

promoting the education of children with special needs and those
belonging to disadvantaged groups and weaker sections in the RTE
Act and include:
●● Proportionate representation be given to the parents of
children belonging to disadvantaged groups and weaker
sections in the SMCs, which would be constituted for
effecting monitoring and implementation of the RTE Act in
the schools [Section 21(1) of RTE Act, 2009]. SMCs should
monitor that children with disabilities are identified and
enrolled in the school and provided necessary facilities for
completion of elementary education [Part II, Sub-clause (h)
of Clause (6) of Section 3, RTE Rules, 2010].

2. What are the responsibilities of the School Management

Committee in order to ensure a non-discriminatory
school environment for children belonging to
disadvantaged groups and weaker sections?
Ans. According to the guidelines issued under Section 35 (1) (RTE)
Act, 2009, a school shall not discriminate with a child belonging
to a disadvantaged group or weaker section, allow or condone
any constituent of the school to discriminate with such a child
or a group of such children. For implementing Clause (c) of

Understanding Specific Rights of Children 33

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

I. The school shall not discriminate against a child belonging

to disadvantaged group or weaker section in admission or

(a) while processing applications;

(b) by denying or limiting access to any benefit or entitlement;

and

(c) by treating unfavourably in any way in connection with the

child’s enrolment to a specific standard of class or area of
study, training or instruction.

II. The school shall prohibit all persons and authorities of the
school from harassing or victimising any child belonging to
disadvantaged group or weaker section:

(a) by announcing verbally or otherwise in the class, the names

of the community or castes or tribes of the students;

(b) by labelling such students as reserved category in the class;

(c) by passing derogatory remarks indicating social, economic, or

other background details as reason of under-performance in
the class;

(d) by allotting different time to such students to meet the

teacher as compared to other students; and

(e) by treating them separately in utilising the sports and other

facilities.

III. The school shall ensure that no child belonging to

disadvantaged group or weaker section is discriminated
against by segregating such children from others in the
playground or canteen or any provision of Mid-Day Meal
or any other amenities provided by the school, including
toilets and drinking water facilities, and would further
ensure that:

(a) regular activities of such children are not disrupted or

disturbed by any of its decisions;

34 Educational Rights of Children with Special Needs — FAQs

 it handicapped

अंधा
गंूगा

लूला
पागल

लंगड़ा बेचारा

बेकार
कमज़ोर

बहरा
कामचोर

dangerous

Negative terms and labels used for Children with Special Needs can have a lasting
derogatory effect. Teachers, administrators and parents must ensure that all children
are addressed with respect by everyone, including by their peers.
Adapted from Julka, A. 2015, Including Children with Special Needs:
Upper Primary Stage, NCERT, New Delhi.

(b) such children do not experience financial extortion or

forceful expenditure; and

(c) all such children are allowed to participate in cultural

programmes, sports events and other activities organised
by the school.

3. Does the RTE Act specify duties for the appropriate

government and local authority, for ensuring that all
schools adhere to its guidelines?
Ans. According to the guidelines (refer to Question two in this chapter),
the State Government and local authorities, are requested to
take appropriate steps for ensuring that all schools adhere to

Understanding Specific Rights of Children 35

 the aforementioned guidelines for preventing discrimination in
schools with respect to the children belonging to disadvantaged
groups and weaker sections.
In order to enable State Governments and school
managements, to fulfil their responsibilities for creating a non-
discriminatory school environment, the following guidelines are
issued for implementation of Clause (c) of Sections 8 and 9 of
the RTE Act, 2009.
Every school shall take appropriate measures to:
●● safeguard the interest of the child and eliminate discrimination
or harassment of a child belonging to a disadvantaged
group or weaker section in schools, by prohibiting and
providing for preventive and protective measures to facilitate
its eradication. In addition, promote equality for children
belonging to disadvantaged groups and weaker sections.
●● the school shall prescribe the procedures and mechanism
to deal with and decide any complaint or discrimination
made or submitted by any child belonging to disadvantaged
groups or weaker section. It shall be obligatory on the
part of the school to decide on such complaints, within a
maximum period of 60 days.
●● The school shall take steps to engage with the education
fraternity, the community, and the public at large and
raise public awareness on the importance of equality and
overcoming discrimination and harassment against children
belonging to disadvantaged groups and weaker sections. In
addition, the school shall make public all measures taken
by it for the elimination of discrimination against and
harassment of children belonging to disadvantaged groups
and weaker sections.
For more details on Question 2 and Question 3, refer to:
MHRD, GoI, Department of School Education and Literacy.
Guidelines under Section 35 (1) of the Right of Children to Free
and Compulsory Education (RTE) Act, 2009 for Implementation
of Clause (C) of Sections 8 And 9 of the RTE Act. Retrieved from:
[Link]
document/40_0.pdf

36 Educational Rights of Children with Special Needs — FAQs

4. Are there any additional provisions regarding education
of children with disabilities in RTE Act, 2012?
Ans. Yes, there are additional provisions for children with
disabilities as per the RTE (Amendment) Act passed in 2012
[Section 4 of RTE Amendment Act, 2012].

Like all children, children with disabilities also have the

right to pursue free and compulsory elementary education,
either in formal government schools or private and specified
category schools or avail the home-based education facility.

Their education is to be provided as per the Rights of

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

The RTE Act safeguards the rights of children with

disabilities, (as provided to them according to the
RPwD Act, 2016).

Understanding Specific Rights of Children 37

5. The RPwD Act, 2016 makes provisions for providing
inclusive education for children with disabilities. What
is inclusive education?
Ans. Inclusive education refers to an education system that
accommodates all children, regardless of their physical,
intellectual, social, emotional, linguistic, or other conditions.
This creates a range of challenges for the school system that
have to be met by creating a child-centred pedagogy capable of
successfully educating all children. For example, an inclusive
class may have, amongst others, children with disabilities,
working children, children from migrant families, children
belonging to ethnic, linguistic, cultural minorities or children
from other disadvantaged or marginalised groups.
[Source: Julka, Anita. 2007. Meeting Special Needs in School: A Manual.
NCERT. New Delhi.]

“The central message is simple: every learner matters and

matters equally.” A Guide for Ensuring Inclusion and Equity in
Education (2017). Retrieved from: [Link]
images/0024/002482/[Link]

6. Does RTE Act guarantee inclusive education?

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

38 Educational Rights of Children with Special Needs — FAQs

 What is Inclusive Education?
●● Inclusive education is about embracing all.
●● Disability is a social responsibility — accept it.
●● No selection procedures to be adopted for denying admission to
learners with disabilities.
●● Children do not fail, they only indicate failure of the school.
●● Accept difference and celebrate diversity.
●● Inclusion is not confined to the disabled. It also means non-
exclusion.
●● Learn human rights and conquer human wrongs.
●● Handicap is a social construct; deconstruct handicap.
●● Make provisions, not restrictions; adjust to the needs of the
child.
●● Remove physical, social, and attitudinal barriers.
●● Partnership is our strength such as school-community;
school-teachers; teachers-teachers; teachers-children;
children-children; teachers-parents; school systems, and
outside systems.
●● All good practices of teaching are practices of inclusion.
●● Learning together is beneficial for every child.
●● Support services are essential services.
●● If you want to teach, learn from the child. Identify strengths not
limitations.
●● Inculcate mutual respect and inter-dependence.

[Source: National Curriculum Framework, 2005]

For more details, refer to:

NCERT. 2005. National Curriculum Framework, 2005. New Delhi.
Retrieved from: [Link]
framework/english/[Link]
UNESCO. 2017. A Guide for Ensuring Inclusion and Equity
in Education. Retrieved from: [Link]
images/0024/002482/[Link]

Understanding Specific Rights of Children 39

7. Who is a child with “multiple” or “severe” disability?
Ans. In the RTE (Amendment) Act, 2012, the definitions of
“multiple” or “severe” disability are according to the National
Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999. These
disabilities are defined as:
“Multiple disability”, as mentioned in the National Trust
Act, means a combination of two or more disabilities as defined
in Clause (i) of Section 2 of the PwD Act, 1995. Since the
PwD Act has been repealed and replaced by RPwD Act, 2016,
multiple disabilities, as defined by the RPwD Act, refer to the
combination of more than one of the specified disabilities in
the Act, including deaf blindness which means a condition in
which a person may have combination of hearing and visual
impairments causing severe communication, developmental,
and educational problems.
“Severe disability” means disability with eighty per cent
or more of one or more of multiple disabilities. In addition to
this, the RTE (Amendment) Act, 2012 also makes provision
for a child with ‘multiple’ or ‘severe’ disability to opt for home-
based education.
8. Does it mean that all children with multiple or severe
disability, be provided home-based education?
Ans. Home-based education should primarily focus on children with
“multiple” or “severe” disabilities who cannot be immediately
mainstreamed through special support and services.

Inclusion of Yogeshwari Jamble

In the context of Children with Special Needs, we hear and say
repeatedly, “see their abilities not their disabilities”. This idea
proves true when we meet Yogeshwari, a 10-year-old girl with
deaf blindness. She is studying in Class IV of Zila Parishad Girls
Primary School, Bardapur, Taluka Ambajogai in District Beed,
Maharashtra. In 2011, during the summer vacation household
survey for identification of CWSN, Yogeshwari was identified.
Then, with the help of a special educator, Yogeshwari was

40 Educational Rights of Children with Special Needs — FAQs

 assessed. After the assessment, individualised educational plan
was developed for Yogeshwari as per her need and current level.

The special educator began by giving home-based education

to Yogeshwari. Here, Yogeshwari was prepared for pre-inclusive
skills, orientation and mobility skills, ADL, etc., during eight
months of home-based education. At Taluka Patoda, under the
Inclusive Education programme, three month school readiness
programme was given to Yogeshwari. She learnt skills that are
needed in the regular classroom and school. As she achieved
independence in her day-to-day life, her supports gradually
decreased. Now, Yogeshwari goes to a regular school and
attends classes for 2 to 3 hours daily. The successful inclusion
of Yogeshwari has increased the acceptance level of inclusive
education by School Management Committee (SMC) and the
community members. Teachers have started to believe that
every special child can be mainstreamed and all children have
a right to enjoy and learn. Parents feel highly encouraged and
motivated. This case study has helped to break the attitudinal
barriers for children with special needs.

Annual Report 2013, MHRD.

9. What is the mechanism of home-based education? Are

there any guidelines regarding the implementation?
Ans. Home-based education is provided as an option under the RTE
Act (Amendment), 2012 for children who cannot immediately
join a mainstream school. It is a short interim measure, aimed
at preparing children with multiple
or severe disabilities for studying in
mainstream schools. Such children are
provided necessary support, through a
resource person. The resource person
should have the same qualification as
the other teachers, as laid down under
the RTE Act, and should have also
attended refresher courses like the
regular teacher.

Understanding Specific Rights of Children 41

 Home-based education should not be implemented beyond a
maximum period of two years, and should also be accompanied
by social inclusion in a neighbourhood school.

However, the RPwD Act, 2016 does make provision for

children with benchmark disabilities to avail free education
till the age of eighteen years and; children with high support
need to avail educational facilities as per their needs and
requirements, as may be prescribed by the Government from
time to time.

For more details on Questions 6 and 7, refer to:

MHRD, GoI. Department of School Education & Literacy,
and Department of Higher Education (2008–09, p. 12).
Annual Report 2013–14. Retrieved from: [Link]
[Link]/sites/upload_files/mhrd/files/document-reports/
[Link]

10. Is there any age relaxation for children with disabilities,

for pursuing education?
Ans. Yes, children with benchmark disabilities have a right to
pursue free education till they attain the age of eighteen
years, according to Chapter IV of the Rights of Persons with
Disabilities Act, 2016.

11. Does the RTE Act provide for the education of children
of migrant families?
Ans. Yes, children from migrant families have the same right to
free and compulsory education in a neighbourhood school
as other children. Every local authority
shall ensure admission
of children of
migrant
families
[Clause (k)
of Section
9 of RTE
Act, 2009].

42 Educational Rights of Children with Special Needs — FAQs

Education of children affected by migration
To address the issue of seasonal migration for varying periods for
work in brick kilns, agriculture, sugarcane harvesting, construction,
stone quarrying, salt pans, etc., and its adverse effect on the
education of children who migrate with or without other members of
the family, Sarva Shiksha Abhiyan (SSA) encourages identification
of districts, blocks, villages, cities, or towns from where or to which
there is a high incidence of migration. The RTE Act mandates
bringing such children to regular schools, both in districts where
they stay, or in districts to where they seasonally migrate.

For more details, refer to:

MHRD, GOI, Department of School Education and Literacy.
March 2011. Sarva Shiksha Abhiyan, Framework for
Implementation: Based on the Rights of Children to Free &
Compulsory Education Act, 2009. Retrieved from: http://
[Link]/docs/[Link]

Understanding Specific Rights of Children 43

 Rights of Persons with Disabilities Act, 2016
Chapter III – Education (Provisions 16, 17 and 18)
Chapter VI – Special Provisions for Persons with
Benchmark Disabilities (Provision 31)

CHAPTER III
EDUCATION
16. Duty of educational institutions— The appropriate government
  

and the local authorities shall endeavour that all educational

institutions funded or recognised by them provide inclusive
education to the children with disabilities and, towards that
end, shall —
(i) admit them without discrimination and provide education
and opportunities for sports and recreation activities
equally with others;

(ii) make building, campus and various facilities accessible;

(iii) provide reasonable accommodation according to the
individual’s requirements;

(iv) provide necessary support, individualised or otherwise,

in environments that maximise academic and social
development consistent with the goal of full inclusion;
(v) ensure that the education to persons who are blind or deaf
or both is imparted in the most appropriate languages
and modes and means of communication;

(vi) detect specific learning disabilities in children at the

earliest and take suitable pedagogical and other measures
to overcome them;
(vii) monitor participation, progress in terms of attainment
levels and completion of education in respect of every
student with disability; and
(viii) provide transportation facilities to the children with
disabilities and also the attendants of the children with
disabilities having high support needs.

44 Educational Rights of Children with Special Needs — FAQs

 17. Specific measures to promote and facilitate inclusive
education— The appropriate government and the local
authorities shall take the following measures for the
purpose of Section 16, namely:

(a) to conduct survey of school going children every five years

for identifying children with disabilities, ascertaining their
special needs and the extent to which these are being met;
provided that the first survey shall be conducted within a
period of two years from the date of commencement of this
Act;
(b) to establish adequate number of teacher training
institutions;

(c) to train and employ teachers, including teachers with

disability who are qualified in sign language and Braille
and also teachers who are trained in teaching children
with intellectual disability;

(d) to train professionals and staff to support inclusive

education at all levels of school education;

(e) to establish adequate number of resource centres to

support educational institutions at all levels of school
education;
(f) to promote the use of appropriate augmentative and
alternative modes, including means and formats of
communication, Braille and sign language to supplement
the use of one’s own speech to fulfil the daily communication
needs of persons with speech, communication or language
disabilities and enable them to participate and contribute
to their community and society;

(g) to provide books, other learning materials and appropriate

assistive devices to students with benchmark disabilities
free of cost up to the age of eighteen years;

(h) to provide scholarships in appropriate cases to students

with benchmark disabilities;

Understanding Specific Rights of Children 45

(i) to make suitable modifications in the curriculum and
examination system to meet the needs of students
with disabilities such as extra time for completion of
examination papers, facility of scribe or amanuensis,
exemption from second and third language courses;

(j) to promote research to improve learning; and

(k) any other measures, as maybe required.

CHAPTER VI
SPECIAL PROVISIONS FOR PERSONS WITH
BENCHMARK DISABILITIES

31. (1) Notwithstanding anything contained in the Rights of

Children to Free and Compulsory Education Act,
2009, every child with benchmark disability between
the age of six and eighteen years shall have the right
to free education in a neighbourhood school, or in a
special school, of her/his choice.

(2) The appropriate government and local authorities

shall ensure that every child with benchmark
disability has access to free education in an
appropriate environment till she/he attains the age
of eighteen years.

For more details, refer to:

RPwD Act, 2016, The Rights of Persons with Disabilities Act,
2016. Retrieved from: [Link]
upload/uploadfiles/files/RPwD%20ACT%[Link]

46 Educational Rights of Children with Special Needs — FAQs

 3
Chapter
Implementing the RTE Act
Duties of Key Personnel

“Children are our greatest untapped resource.”

— The Dalai Lama

Implementing the RTE Act: Duties of Key Personnel

“I am so happy to have you all (parents) here in
our first School Management Committee (SMC)
meeting. We all know that we, as members of SMC,
as parents and as community members, have specific
responsibilities for effective implementation of the
provisions of the RTE Act, 2009. Let us put our
collective efforts for the proper education of all our
children.”

“Since the implementation of the RTE Act, 2009,

there have been new amendments. Rules, norms,
and guidelines that have been developed by the
Central and State Governments. We appreciate such
training workshops, as they keep us up to date
with the existing information and latest provisions
related to the RTE Act.” (State officials at a National
Outreach Workshop on Right to Education Act)

The aim of this chapter is to:

)) Develop in readers an understanding related to the roles and responsibilities
assigned to the appropriate government at different levels (Central, State,
Union Territory, and local authority) for implementing the RTE Act.
)) Create awareness about the specific duties assigned to the local authorities
for effective implementation of the provisions of the RTE Act.
)) Provide the readers with an understanding about the roles and
responsibilities of the School Management Committee and its composition.
1. What are the responsibilities assigned to the Central
Government for implementing the RTE Act?
Ans. The Central Government plays a pivotal role in implementing
the RTE Act. It provides financial and technical support to
the State Government and monitors teacher recruitment,
training, and implementation of policy provisions.
I. Provide financial and technical support

●● provide funds for carrying out the provisions of the Act along
with the State Government [Section 7(1) of RTE Act, 2009];

Central
Government

Appropriate Local
Government Authority

●● provide technical support and resources to the State

Government for promoting innovations, researches,
planning, and capacity building [Section 7[6(c)] of RTE Act,
2009];

●● set up National Advisory Council by notification for

the purpose of advising the Central Government on
implementation of the provisions of the Act in an effective
manner [Section 33 of RTE Act, 2009]; and

●● provide resource support to the National Commission of

Protection of Child Rights (NCPCR) in performance of its
functions under the Act [Rule 25 of RTE Rules, 2010].
II. Streamline teacher recruitment and training
●● Develop and enforce standards for training of teachers
[Section 7[6(b)] of RTE Act, 2009];

48 Educational Rights of Children with Special Needs — FAQs

 ●● notify an academic authority for prescribing the minimum
qualifications of teachers [Section 23(1) of RTE Act, 2009];
and
●● relax the minimum qualifications for teachers, if necessary,
by notification for a period not exceeding five years [Section
23(2) of RTE Act, 2009].
III. Enforce policy and promote research and development
●● develop National Curriculum Framework with the help of an
academic authority specified by the appropriate government
[Section 7[6(a)] of RTE Act, 2009];
●● amend (omit or add) the norms and standards of schools
provided in the schedule, by notification [Section 20 of RTE
Act, 2009];
●● issue guidelines, if required, to the appropriate government
or local authority for the purpose of implementation of the
provisions of the RTE Act [Section 35 (1) of RTE Act, 2009]; and
●● ensure that all the Central Government programmes for
elementary education (for example, Sarva Shiksha Abhiyan)
are in conformity with the provisions of the RTE Act [Rule
7(2) of RTE Rules, 2010].

2. What are the duties assigned to the appropriate

government at the Centre, State and UT1 levels?
Ans. The duties assigned in the RTE Act to the appropriate
government at the Central, State, and UT levels relate
primarily to providing quality education to all children in
regular schools and setting up of advisory bodies in the form
of the State Advisory Councils.

According to Section 8 of the RTE Act, the duties will be to:

I. Ensure inclusion

●● provide free and compulsory elementary education of

good quality to all children and monitor their admission,
attendance and completion of elementary education;
____________________________________________________________________________________________________________________________________________

1
Note : Where a Union Territory does not have a legislature, Central Government
would act as the appropriate government.

Implementing the RTE Act: Duties of Key Personnel 49

 ●● prevent discrimination on any grounds, of children
belonging to disadvantaged groups and weaker sections
from pursuing and completing elementary education; and

●● provide special training facility for out-of-school children.

II. Facilitate schooling

●● ensure availability and establishment of a neighbourhood

school within the prescribed limits;

●● provide good infrastructure, including school building,

teaching staff and learning equipment;

●● ensure timely prescription of curriculum and courses of

study for elementary education;

Ensure
inclusion

Facilitate
schooling
Set up
State
Advisory
Council

With the Central

Act having been
implemented, how
do we implement the
Act with the existing
variations, challenges,
and funds?

50 Educational Rights of Children with Special Needs — FAQs

 ●● provide training facility for teachers; and

●● ensure the maintenance of Pupil: Teacher Ratio as specified

in the Schedule of the Act [Section 25 (1) of RTE Act, 2009]
within three years that is, by 31 March of 2019.

C. Set up State Advisory Council

●● For the purpose of advising the State Government on the

implementation of the provisions of the RTE Act in an
effective manner [Section 34 of RTE Act, 2009].

In addition to these, the appropriate government may

frame its own State rules, in accordance with Section 38 of the
RTE Act, 2009 on the issues such as — special training, area,
and limits of the neighbourhood schools, maintenance of
records, school recognition, admission procedures, functions
of School Management Committee (SMC), preparation of
school development plan, matters related to teachers and
members of the National and State Advisory Council.

3. What are the duties assigned to the local authority as

per the RTE Act?
Ans. Whenever possible, the local authority shall also take charge
of the duties assigned to the appropriate government body. In
addition to these, the local authority (refer to Question two in
this Chapter) shall perform the following duties [Section 9 of
RTE Act, 2009]:
●● maintain records of children up to the age of 14 years
residing within its jurisdiction;
●● ensure admission of children of migrant families;
●● monitor functioning of schools within its jurisdiction;
●● schedule the academic calendar;
●● identify the neighbourhood school(s) where children can
be admitted, and make such information public for each
habitation [Rule 6(6) of RTE Rules, 2010]; and
●● ensure that the names of children enrolled in the schools
are publicly displayed in each school [Rule 10(5) of RTE
Rules, 2010].

Implementing the RTE Act: Duties of Key Personnel 51

 “I am so happy to have you all representing
Gram Panchayat, Zila Parishad, Municipal
Corporation, etc. We all know that we have
responsibilities for effective implementation
of the RTE Act. Let us take a close look at our
responsibilities and discuss how we can carry
them out both individually and collectively.”

4. What are the duties of the appropriate government and

the local authority in the RTE Act?
Ans. There is some overlap in duties of the appropriate government
and the local authority. The function of the appropriate
government is to lay down policy, prescribe curriculum,
make arrangement for teacher recruitment and their proper
deployment, make financial arrangements, and provide
technical support.
The local authority, on the other hand, will ensure the
enumeration, admission, and attendance of children, mapping
of schools, availability of neighbourhood schools, and overall
monitoring and assessment.
[Adapted from Raina, V. 2010. FAQs on the Right to Free and Compulsory
Education Act, 2009. (Version 2). Bharat Gyan Vigyan Samiti and
UNICEF. New Delhi].

52 Educational Rights of Children with Special Needs — FAQs

5. Who has the power to issue directions regarding
implementation of the provisions of the RTE Act?
Ans. The RTE Act makes it clear that for purpose of implementation
of the provisions of the RTE Act, guidelines shall be issued in
the following sequence [Section 35 of the
Central
RTE Act, 2009]: Government
●● Central government or
local authority;
Appropriate Local
or
●● Appropriate government to Government Authority
local authority or school
management committee;
School School
and Local
Management Management
Authority
Committee Committee
●● Local Authority to School
Management Committee.
School
Management
Committee

6. What is a School Management Committee (SMC)?

Ans. According to the RTE Act, every school (except private
unaided*) shall constitute a School Management Committee
(SMC) which will play a pivotal role in the implementation of
the RTE Act (Section 21 of the RTE Act, 2009). It shall consist
of elected representatives of the local authority, parents/
guardians of the children of the school, school teachers and
academicians/students.
Parents and teachers play a key role in the functioning of the
SMC. Three-fourth of the members of the SMC shall be parents
of children enrolled in that school, and the Chairperson and
Vice Chairperson shall be from amongst the parent-members
or the head-teacher of the school (For more details, refer to
Chapter 5, Question and Answer 30 and 31 in this book).

*Note: Since private schools are already mandated to have management

committees on the basis of their trust/society registrations, they are not
covered by this provision of the Act.

Implementing the RTE Act: Duties of Key Personnel 53

7. What is the composition of the School Management
Committee (SMC)?
Ans. According to the Central Model Rules, 2009, the composition
of the School Management Committee (SMC), is to be in the
following manner:

1. An SMC shall be constituted in every school, other than

an unaided school, under its jurisdiction, within six
months of the appointed date, and reconstituted every
two years.

2. Seventy-five per cent of the strength of the SMC shall be

from amongst the parents or guardians of children.

3. The remaining twenty-five per cent of the strength of the

SMC shall be from amongst the following persons:

(a) one-third members from amongst the elected members

of the local authority, to be decided by the local
authority;

(b) one-third members from amongst the teachers from

the school, to be decided by the teachers of the school;
and

(c) the remaining one-third from amongst the local

educationists, children in the school, to be decided by
the parents in the Committee.

4. To manage its affairs, the SMC shall elect a Chairperson

and Vice Chairperson from amongst the parent-members.
The head-teacher of the school or where the school does
not have a head-teacher, the senior-most teacher of the
school shall be the ex-officio Member-Convener of the
SMC.

5. The SMC shall meet at least once a month. The minutes

and decisions of the meetings shall be properly recorded
and made available to the public.

54 Educational Rights of Children with Special Needs — FAQs

 Women Participation in SMC

In the Central Model Rules, the composition of SMC is as follows:

✓ Three-fourth (75 per cent) members of the SMC from the

parents or guardians. Among them, 50 per cent will be
women. Weaker sections will be represented in the SMC in
proportion to their population in the village.

✓ The remaining one-fourth (25 per cent) members will

constitute one-third local authorities; one-third school
teachers; and one-third academicians and students.

For more details on the composition and functions of the School

Management Committee, refer to:
Model Rules under the Right of Children to Free and Compulsory
Education Act, 2009. Part V — School Management Committee.
Retrieved from: [Link]
files/upload_document/RTI_Model_Rules.pdf

Implementing the RTE Act: Duties of Key Personnel 55

8. How is the inter-ministerial and departmental
coordination and convergence ensured for the effective
implementation of the provisions of the RTE Act?
Ans. National and State Advisory Councils [Sections 33 and 34 of
RTE Act, 2009 and Rules 29 (4) and 31 (4) of RTE Rules, 2010]
shall be constituted to advise on the implementation of the
provisions of the Act in an effective manner. In the meetings
of these Councils, representatives of the related ministries
and departments, (for example, Ministry of Women and Child
Development, Ministry of Social Justice and Empowerment,
Ministry of Minority Affairs, etc.) maybe invited as required, to
ensure coordination and convergence among themselves.

Functions of the National Advisory Council

I. The National Advisory Council shall function in an advisory
capacity and shall perform one or more of the following
functions:
(a) Take up a review of:
●● the norms and standards as specified in the schedule;
●● compliance with teacher qualifications and training; and
●● implementation of the curriculum and evaluation
procedure as explained under Section 29.
(b) Commission studies and research for the effective
implementation of the Act.
(c) Coordinate with the State Advisory Councils.
(d) Act as an interface between the public and the media,
and the Central Government, in creating awareness,
mobilisation, and a positive environment for the
implementation of the Act.

II. Prepare reports relating to the reviews, studies, and

research undertaken by it and furnish the same to the
Central Government. State/UT Advisory Councils shall
perform similar functions in their respective State/UT.

56 Educational Rights of Children with Special Needs — FAQs

9. How are the concerns of children belonging to the
disadvantaged groups and weaker sections taken care
of in the constitution of the National and State Advisory
Council?
Ans. The National and State Advisory Council shall be composed of
a Chairperson and 14 members of whom, as per Rules 29 and
31 of the RTE Rules, 2010, and will consist of:

(a) At least three members from the Scheduled Castes (SC)

Scheduled Tribes (ST), and Minorities;

(b) At least one member from amongst persons having

specialised knowledge in pre-primary education, teacher
education, and practical experience of education of children
with special needs; and

(c) One-third of all members shall be women.

Implementing the RTE Act: Duties of Key Personnel 57

 4
Chapter
Involving Parents

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

My parents say, “You go to school… we’ll look after all the

work in the fields and the household chores as well. Now,
you can study with your friends for many years and we don’t
have to worry about school fees. As School Management
Committee members, my parents are able to look after not
only my educational needs but also those of my classmates
who come from neighbouring hamlets.”
Involving Parents

Anita, an SMC member, says, “Women as SMC members

have been able to influence many girls from various
communities. Effective implementation of RTE Act has
been possible today because of the active participation
of women SMC members, where majority of them are
themselves parents of a girl child.”

The aim of this chapter is to:

)) highlight the moral responsibility of parents and guardians to admit their
children to school and to ensure that no child is deprived of their right to
elementary education.
)) create awareness about the duties of parents and guardians towards
their children’s education, and empower them to voice their concerns
for children, including children with special needs, children belonging to
disadvantaged groups, and weaker sections.
)) emphasise the role of parents as members of the School Management
Committee in planning and managing school programmes for all children,
including those belonging to the disadvantaged groups and weaker sections.
1. Who, according to the Act, is a “parent”?
Ans. According to the RTE Act, 2009, the term “parent” means
the natural or step or adoptive father or mother of a child
[Section 2(k)].

2. Who, according to the Act, is a “guardian”?

Ans. According to the RTE Act, 2009, the term “guardian”, in relation
to a child, means a person having the care and custody of that
child, and includes a natural guardian or guardian appointed
or declared by a court or a statute [Section 2(g)].

3. What are the duties of parents for ensuring

the child’s right to education?
Ans. Parents play an important role in ensuring the right
of their child to free and compulsory elementary
education in a neighbourhood school. According
to the RTE Act, 2009, it shall be the duty of every
parent or guardian to admit or cause her or his
child or ward, to be admitted as the case may
be, for elementary education in a neighbourhood
school (Section 10).

THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT)

ACT, 2002 [12th December 2002]

The proposed amendments in Part III, Part IV and Part IVA of

the Constitution were made and are:
(a) to provide for free and compulsory education to children
in the age group of 6 to 14 years and for this purpose,
a legislation would be introduced in Parliament after the
Constitution (93rd Amendment) Bill, 2001 is enacted;
(b) to provide in Article 45 of the Constitution that the State
shall endeavour to provide early childhood care and
education to children below the age of 6 years; and
(c) to amend Article 5lA of the Constitution with a view
that it shall be the obligation of the parents to provide
opportunities for education to their children.

Involving Parents 59
 For more details, refer to:
The Constitution (86th Amendment) Act, 2002. (12th December
2002). Retrieved from: [Link]
[Link]

“What can be done if a “This is a common concern and,

child is refused admission for the purpose of admission of
due to the lack of age proof the child, a parent or guardian
document?” has the right to state the age of
the child in the form of a written
declaration, in case of absence
of age proof.” [Rule 13(c) of RTE
Rules, 2010]

4. What if the parents do not send their child to school?

Can they be punished?
Ans. According to the Act, it is the duty of
every parent or guardian to admit
their child in a neighbourhood
school. However, the Act does
not impose punishment on the
parents, if they do not send their
child to school. Reluctant parents
should be persuaded and encouraged by the SMC members,
teachers, local NGOs, and the local authorities to fulfil their
duties and send their child or children to school, including
those belonging to disadvantaged groups and weaker sections
(girls, children with disabilities, children belonging to the SC
and ST communities, and so on).

60 Educational Rights of Children with Special Needs — FAQs

5. How does a child without parents get admitted in a school?
Ans. According to the RTE Act, 2009, every child should be provided
with free and compulsory elementary education. The term
“compulsory education” implies an obligation on the part of
the appropriate government to:

(i) provide free elementary education to every child of the age

of 6 to 14 years;
(ii) ensure compulsory admission, attendance, and completion
of elementary education to every child in the age group
of 6 to 14 years [Duties of the appropriate government;
Section 8(a) of RTE Act, 2009]; and
(iii) ensure and monitor admission, attendance, and completion
of elementary education by every child residing within its
jurisdiction [Duties of local authority; 9(e) of RTE Act, 2009].

Thus, in all situations (for example, where a child is

without parents, displaced, or orphaned, etc.) it is the duty of
the appropriate government or local authority to provide
such children with free elementary education in
neighbourhood schools.

Sanju’s story

“I was separated from my parents

and found by a lady at the Varanasi
Railway Station. The lady noticed
that I was sitting and crying in a

corner. She consoled me and

took me to the Station Master.
He took the decision to call up
the Child Helpline Number, 1098.
The officer from the Child Welfare
Committee came and took me to
a residential home for children

Involving Parents 61
 providing care and protection
to them. The local police was
called and it was decided that
efforts would be made to
locate my parents, and in
the meanwhile, I will stay
at that home. Some time
passed and the officials from
the local police came and
met the Superintendent of the
home. The Superintendent
referred to the notice put up by the local authorities listing the
neighbourhood schools and suggested that I should be admitted in a
school to continue my studies. A decision was taken and I was admitted
to Class IV in the neighbourhood school.”

6. According to the RTE Act, how can parents be involved

in sharing the responsibilities of a child’s education?
Ans. The RTE Act provides basic rights to parents to participate
in school management, and work together with the schools
and community for the overall growth and development of
children at the elementary level.

According to the RTE Act, a school [other than a school

specified in Sub-clause (iv) of Clause (n) of Section 2] shall
constitute a School Management Committee (SMC) consisting
of the elected representatives of the local authority, parents, or
guardians of children admitted in such schools, and teachers.
The composition of the elected representatives, especially
parents, is as follows [Section 21(1)]:

●● at least three-fourth of members of such committee shall be

parents or guardians;
●● proportionate representation shall be given to the parents
or guardians of children belonging to the disadvantaged
groups and weaker sections;

62 Educational Rights of Children with Special Needs — FAQs

 ●● fifty per cent of members of such committee shall be
women; and

●● parents can participate in planning and managing of the

school programmes, and have their views represented as
members of the SMC.

Parents’ participation as members of SMC

Community members, especially parents, can contribute as
members of the SMC in the following ways: (Dayaram, 2011)
●● support in preparing the school development plan and
monitor its implementation;
●● bridge the distance between the school and block and district
authorities by representing the school at various platforms;
●● volunteer to spend time with children in the schools and
teach them a variety of skills;
●● help teachers perform their job better by supporting them in
material development and distribution;
●● help children learn various crafts, musical instruments, and
other skills available in the community, etc.; and
●● work as support teachers when the teacher goes on leave.

Involving Parents 63
 A Democratic SMC

The collective union of parents residing in Shivhari village in

Maharashtra, realised that their SMC was sneakily disbanded
by the headmaster. Led by the SMC President, himself a
parent, the SMC, and some other community members filed
an RTI application with the Block Education Officer (BEO) to
check the names of original SMC members submitted earlier.
They got to know that the headmaster had modified the official
sheet and changed the names of the SMC members elected by
the community. They followed up the case with the BEO and
made sure that the headmaster admitted his misdoing and
reinstated the original SMC (Dayaram, 2011).

For more details on School Management Committee and

community participation, refer to:
Dayaram. 2011. School Management Committee and the Right
to Education Act, 2009, Resource Material for SMC Training.
American India Foundation. New Delhi. Retrieved from:
[Link]

Fifty per cent girls dropout before entering secondary

schools in Kutch: A study
Date: 15 December, 2015
Ahmedabad: Lack of transportation, toilets, social practices
like child marriage and child labour as well as safety and
security, were some of the major reasons for the high rate of 50
per cent dropout of girls from primary to secondary classes in
the Kutch region.
This has been revealed in a pilot project undertaken
jointly by the Cohesion Foundation Trust and American India
Foundation (AIF) that started in July 2014, covering 36 villages
in Bhachau and Rapar blocks in Kutch region. The project
includes 50 primary schools and 10 secondary schools, all
government, with 3,500 children across Classes VII till X.

64 Educational Rights of Children with Special Needs — FAQs

 Among these, nearly 2,800 students are from Classes VII
and VIII while remaining 700 from Classes IX and X.
[Source: [Link]
dropout-before-entering-secondaryschools-in-kutch-study/

7. How can parents represent the special needs of children

in the School Management Committee?
Ans. Realising the importance of parents, as resource persons, for
sharing information about the needs of their children, especially
those belonging to the disadvantaged groups and weaker
sections, the Act states that proportionate representation should
be given to parents or guardians of children from disadvantaged
groups and weaker sections, as members of the SMC. The Act
also ensures the representation of women members in the SMCs.

“I have been observing Pushpa’s

daughter very closely in the evenings.
Women participation as She seems to be facing difficulty in
members of SMC locating things, bumps into doors,
and complains to her brother that
Women in the village sit she cannot read her book in the
evening. Though her eyes look healthy,
together under a Neem something appears to be wrong.”
tree before sunset.
A lady congratulates
Seema on becoming
an SMC member;
another lady says:

“We have arranged for a resource

person. She is called the IE resource
person and will arrange for a doctor to
check the eyes of Pushpa’s daughter.”

Involving Parents 65
 Schools are
Girls,
not for you!
go home!

An elderly lady says, “Our long-standing conflict with the adjoining

village seems to be affecting our children. They feel reluctant to cross
the road as some children from the other villages, pass nasty remarks
on them. It has affected them so adversely that some of them start
crying at the mention of going to the school. We need to do something
about it, immediately.”

66 Educational Rights of Children with Special Needs — FAQs

 Seema, an SMC member, says, “I’m happy to
have been informed by the group, about all these
important issues affecting us and our children,
including those of children like Pushpa. Our
school authorities are not fully aware of such
issues, and the appropriate services which should
be provided to them. I am certainly going to take
them up in the next SMC meeting and will get Thank you,
back to you.” Seema

8. What are the benefits of involving parents?

Ans. It is a widely recognised fact that the involvement

of parents is one of the effective means of ensuring
that children realise and develop according to
their full potential. This involvement has proved
beneficial, not only for the children and their
teachers, but also for the parents themselves, as:
●● it enables them to voice their concerns more
confidently;
●● it keeps the parents informed about the quality
of education that their child is
receiving;
●● it helps increase coordination
in learning between the school
and home;
●● it helps children feel safe and
secure in school; and

Involving Parents 67
 ●● it is helpful for the teachers in planning activities based on
the interests of the child.

While the involvement of parents and/or family proves

beneficial for all students, children with special needs often
need it more. The RTE Act serves as a building block in
ensuring the parents’ participation, for effective learning and
inclusion of children with special needs.

Mira’s story
“I am a 13-year-old girl, living
in a village in Haryana. Since
my parents have to migrate
frequently, the decision was
taken that I should be sent
to Delhi to continue my
education and to look after
my ailing grandmother.
Though I was not too happy
about the decision, I knew
that my grandmother
lived alone and would
benefit from my presence.
Within a week of my
stay in Delhi, my aunt
approached the nearby
school for admitting me in
Class VII. Initially, I was
refused admission in the
neighbourhood school.
That day in the evening as
I stood in the courtyard,
our neighbour, Rama,
and her mother came to
visit us. Rama’s mother
is a member of the SMC.
On hearing about the
nearby school denying admission to me, she said, “It was a
mistake, as no child can be denied admission due to a lack
of documents.” She suggested that my grandmother approach
and seek permission from the Child Welfare Committee for a
Kinship Certificate which would also certify my grandmother’s

68 Educational Rights of Children with Special Needs — FAQs

 economic status and the need
for care and protection. My
grandmother followed her
instructions and became my
guardian. This certificate also
helped me avail other due
entitlements. Next morning,
Rama’s mother accompanied
us to the school, and
explained to the authorities
that according to the RTE
Act, no child can be denied admission on the basis of lack
of documents. The school principal agreed and I was granted
admission in the school.”

9. What can a parent do in case their child is denied their

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

(a) Initially, the SMC of the school should be

approached. Any person, on behalf of the
child, can also write a complaint to the local
authority that has jurisdiction.

Involving Parents 69
 School Management Committee
Rule 3(6f) of RTE Rules, 2010

Bring to the notice of the local authority, any deviation from the
rights of the child, in particular mental and physical harassment
of children, denial of admission, and timely provision of free
entitlements as per Sub-section (2) of Section 3.

(b) The complaints can be sent to the local authority either by

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

(c) Further, in respect of complaints related to violence, child

abuse, corporal punishment, etc., the local authority may
facilitate the filing of the FIR before the police authorities.

Protection of Rights of Children, Redressal of Grievances

Section 32 (1 & 2) of RTE Act, 2009

1. Notwithstanding anything contained in Section 31, any

person having any grievance relating to the right of a child
under this Act, may make a written complaint to the local
authority having jurisdiction.

2. After receiving the complaint under the Sub-section (1)

of Section 32, the local authority shall decide the matter
within a period of three months after affording a reasonable
opportunity of being heard by the parties concerned.

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

70 Educational Rights of Children with Special Needs — FAQs

 Protection of Rights of Children, Section 32 (3) of
RTE Act, 2009 — Redressal of Grievances
Any person aggrieved by the decision of the local authority
may prefer an appeal to the State Commission for Protection
of Child Rights (SCPCR) or the authority prescribed under the
Sub-section (3) of Section 31, as the case maybe.

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

(f) Since the right to elementary education is a fundamental

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

Protection of Rights of Children, Monitoring of Child’s

Right to Education — Section 31 of RTE Act, 2009

1. The National/State Commission for the Protection of Child

Rights (N/SCPCR) constituted under Section 3, and Section
17 of the Commissions for Protection of Child Rights Act,
2005 (4 of 2006), will perform the following functions:
(a) examine and review the safeguards for rights provided
by or under this Act and recommend measures for their
effective implementation;
(b) inquire into the complaints relating to the child’s right to
free and compulsory education; and
(c) take necessary steps provided under Sections 15 and 24
of the said Commission for Protection of Child Rights Act.
2. Where the State Commission for Protection of Child Rights
has not been constituted in a State, the appropriate
government may, for the purpose of performing the above
mentioned functions, constitute such authority, in such a
manner and subject to such terms and conditions, as maybe
prescribed.

Involving Parents 71
 This Group of Mothers from Kerala Brought in
Regulations for Better Treatment of Autistic Kids
Date: 13 July 2017
...Seema Lal, a Kochi-based special educator, psychologist, and
researcher decided to act against these malpractices in therapy
centres. It all began in March 2015, when a six-year-old boy,
non-verbal, Autistic returned with a broken arm after his
therapy sessions. He was rushed to the hospital and the doctor
said that something drastic must have occurred, that has led
to such severe damage. There was no scope of transparency to
understand how the kid broke his hand. After this incident,
several complaints from the parents, whose children have gone
through the same ordeal came to light.
Seema together with other parents formed the informal
group called, TogetherWeCan. With the help of the Human
Rights Law Network, they filed a petition in the Kerala State
Commission for the Protection of Child Rights in April 2015.
They moved ahead to the District Collector and Child Welfare
Authorities where they were heard and understood, however, no
action was taken as such cases were not under their purview.
...The Kerala State Commission for Protection of Child Rights
(KeSCPCR) took notice of it, and after one-and-a-half-year of
study into the petition, they passed recommendations in favour
of TogetherWeCan. Yet, no action was taken. Later, in May 2017,
a PIL (Public Interest Litigation) was filed. The recommendations
of the KeSCPCR said there should be committees at every district
in Kerala which should be headed by the DMO (District Medical
Officer). It also said, the committee should include parents
and it will monitor the functioning of the therapy centres. The
recommendations also spoke about bringing about the best
therapy practices and a clear child safety policy. As of now, there
are no regulatory bodies in the country, which can effectively
monitor the functioning of these therapy centres.
...After filing the PIL, TogetherWeCan aims at bringing
about the following reforms in the way these therapy centres
function across the country.
●● Therapy centre regulation
●● Best practices for various therapies for children with
neurological differences. These guidelines would include a
strict child safety protocol which is, as of now, non-existent
in the country.

72 Educational Rights of Children with Special Needs — FAQs

●● Ensuring parent representation in constitution of a district level
committee for transparent, community-based monitoring of therapy
centres.
●● Advocating for Government facilities, offering such services and
therapies so as to ensure affordability and accessibility.
●● Shifting the paradigm towards Parent Empowerment and Home
Programmes rather than “treating” children with neurological
differences as affected by a “disease” requiring a “cure.” Therapies
are needed to help the parent understand and accept the condition
and help them work with their children, to make them as functionally
independent as feasible.
●● Focusing on the therapy goal, of bettering the quality of life of the
family and not the child alone.
●● Mandatory usage of Individualised Education Programme
templates, for seamless continuum of service with guidelines for
documentation, a copy of which to be shared with the parents.
●● Ending closed door therapy where the parent is kept in the dark on
the pretext that the child does not cooperate, if the parent is inside.
Enough and more empirical research, shows that the parents are
the best therapists. Remember that together we can open doors to
a safer future.
When asked, how can one mitigate the issues against which
Seema is raising her voice, she said, “Parents must be let inside the
therapy rooms. They need to know what is happening with the child.
These centres must send regular monthly reports to monitor the
training of the children. Setting up of specific, measurable, attainable,
time-bound, and relevant (SMART) goals must be the priority. The
emotional exploitation of parents should stop.”
[Source: [Link]
regulations-for-treatment-of-autistic-kids/]

Rahul stays in school

“I am in Class VI. I love going to
school with my friends and hardly
ever miss the school. Recently, in a
tree plantation drive, my friend and
I planted a mango sapling and put
a mesh around it. I can hardly wait
to see it become a big tree laden

Involving Parents 73
 with fruits. Our village is expanding and
factories are being set up on the outskirts.
Both my father and mother have
decided to work as contract labourers
and would be living in temporary
tents, put up around the factory.
I was shocked to learn about this,
as I didn’t want to leave my tree,
friends, and teachers in school.

My parents saw me crying, and hugged

me. They told me that they didn’t want me
to discontinue going to my present
school and had discussed the matter
with the Sarpanch of the Gram
Panchayat. I was told that I
wouldn’t be going with them but
instead will move into the nearby
residential school as suggested by
the Gram Panchayat.”

For more details on Protection of Child Rights, refer to:

National Commission for Protection of Child Rights, GoI.
Commissions for Protection of Child Rights Act, 2005. Retrieved
from: [Link]
blinkid=267&lid=705 [Link]

74 Educational Rights of Children with Special Needs — FAQs

 5
Chapter
Schools for All

“Daringto rise, braving the odds, reaching for the stars...

dreams are forever.”
— Kalpana Chawla

“I study with the big sahib’s son, in whose house my

father is a domestic help. The village Pradhan’s son
also studies with us. We all take turns performing
duties such as, cleaning the blackboard, bringing
chalks, and cleaning the desks. Now, both of them
have stopped bossing around and they also perform
all these activities with us. They are now my good
friends.”

Schools for All

“I lost my sight in an accident when I was three years old.
After the accident, it seemed like my world had suddenly got
limited. It took some time for my parents to accept my limitation
and enrol me into a residential school for blind children.
After spending a few years in the residential school, I learnt
Braille and other daily living skills. One day, a teacher from a
neighbourhood school visited my residential school. She said
that as per the provisions under the RTE Act, I will now study
in a regular primary school near my house. I was admitted
in a regular school. I enjoy studying with friends from the
neighbourhood.

The aim of this chapter is to:

)) provide readers with information about the provisions of the RTE Act and
develop a fuller understanding of how it ensures schools for ‘all children’.
)) create awareness about the accessibility of the schools and educational
facilities, especially for a child belonging to the disadvantaged group
and/or weaker section, girl child, and child with disabilities.
)) inform the reader about the provisions in the RTE Act, related to issues
such as dropout and its prevention.

75
1. What are the prescribed minimum norms and standards
for schools under the RTE Act?
Ans. The Act prescribes minimum norms and standards for schools
through a mandatory schedule (Norms and Standards for a
School under RTE Act and Sections 19 and 25 of RTE Act,
2009).

It includes norms regarding Pupil:Teacher Ratio (PTR),

number of teaching days per year, number of teaching hours
per day, number of rooms, safe and adequate drinking
water facility, availability of teaching-learning materials,
playground, kitchen for mid-day meals, separate toilets for
boys and girls, and barrier-free access.

Requirement of Playgrounds
“Paucity of open areas, especially in metropolis, and other big
cities, and in crowded localities, etc., are genuine difficulties
in providing playground facility within the school premises….
The intent of inclusion of playground as an infrastructural
requirement of a school is to ensure that children have sufficient
open space for sports and other physical activities during the
school hours…. It is not necessary
that the school management

76 Educational Rights of Children with Special Needs — FAQs

 provides this facility within the school arrangements (sic); it
can provide this facility in an adjoining playground, municipal
park, etc., for children to play outdoor games and other
physical activities.”

[Reference: Requirement of Playgrounds Specified under Schedule to the

Right of Children to Free and Compulsory Education (RTE) Act, 2009.
Retrieved from: [Link]
upload_document/41_0.pdf]

Norms and Standards for a School

(Section 19 of RTE Act, 2009)

(1) No school shall be established under Section 18, or

recognised, unless it fulfils the norms and standards
specified in the Schedule.

(2) Where a school is established before the commencement

of this Act and does not fulfil the norms and standards
specified, it shall take steps to fulfil such norms and
standards at its own expense, within a period of three years
from the date of such commencement.
(3) Where a school fails to fulfil the norms and standards, the
authority prescribed shall withdraw recognition granted to
such a school.

(4) With effect from the date of withdrawal of recognition, no

school shall continue to function.

(5) Any person who continues to run a school after the

recognition is withdrawn, shall be liable to fine, which may
extend upto one lakh rupees and, in case of continuing
contraventions, to a fine of ten thousand rupees for each
day, during which such contravention continues.

Schools for All 77

 “Access to playfields mandatory for schools”,
says Government

Date: 2 December 2016

New Delhi: “Access to playfields and engagement of the

physical education instructor, has been made a mandatory
requirement for all schools under the Right to Education Act”,
Government told the Lok Sabha on Thursday.

Union Sports Minister Vijay Goel said, “Government

recognises the role of sports and physical education, in the
holistic development of children and youth of the country.”

“As part of this policy, the Government has made access

to playfields and engagement of the physical education
instructor, a mandatory requirement for all schools under the
Right to Education Act,” he said during the Question Hour.

The Minister said, “The CBSE places special importance on

co-scholastic areas which include sports and physical fitness
and it is expected that the state education boards would also
emulate the CBSE example in due course.”

Shri Goel said, “A scheme called ‘Khelo India — National

Programme for Development of Sports’ is being implemented
by the Sports Ministry as a Central sector scheme from the
current financial (2016–17).”

“The scheme provides for holding of annual sports

competitions in two age groups — (i) under 14, and (ii) under 17
all over the country, to encourage mass participation of both
boys and girls in sports, in both urban and rural areas, and
identification of talented sportspersons through competitions
and creation of sports infrastructure facilities”, he said.

[Source: [Link]
mandatory-for-schools-says-government-1632931

78 Educational Rights of Children with Special Needs — FAQs

2. What is meant by “barrier-free access”? As per the RTE
Act, are the schools required to undergo modifications
in order to suit the diverse needs of children?
Ans. “Barrier-free access” refers to universal access for all children
and adults, within the school. It implies modifications in
the physical infrastructure, educational materials, services,
curriculum, and teaching-learning processes. This is
particularly relevant to children with disabilities having
physical disability, visual impairment, hearing impairment,
intellectual disability, disability caused due to chronic
neurological conditions and blood disorder; and multiple
disabilities. Social stigmas and attitudes linked with disability
also act as barriers, which may result in discrimination and
exclusion and thus, need to be addressed.
Under the revised Rights of Persons with Disabilities
Act, 2016, provisions have been made under Section 46 to
direct all service providers, whether Government or private, to
provide services in accordance with the rules on accessibility
formulated by the Central Government under Section 40
within a period of two years from the date of notification of such
rules. Provided that the Central Government, in consultation
with the Chief Commissioner, may grant extension of time
for offering certain category of services in accordance with
the said rules. The RTE Act provides every child with rights
and opportunities to participate actively and equitably in
school. Barrier-free access for all children and adults, within
the schools, is required for independence, safety, dignity, and
addressing varied learning needs.

The Rights of Persons with Disabilities Act, 2016

Accessibility
Section 40 — The Central Government shall, in consultation
with the Chief Commissioner, formulate rules for persons
with disabilities, laying down the standards of accessibility
for the physical environment, transportation, information
and communications, including appropriate technologies
and systems, and other facilities and services provided to
the public in urban and rural areas.

Schools for All 79

 All schools are required to undergo modifications in
order to suit the diverse needs of the children. Guidelines
have been developed by SSA (MHRD), NCERT, Rehabilitation
Council of India (RCI) and other national and international
institutions to ensure ‘barrier-free access’. Some of the key
issues highlighted in these guidelines are given below:
1. For wheelchair users (not wheelchair bound, as it is a term
with a negative connotation), teachers should allocate seats
either on the left or right side of the door. While selecting
the seats for crutch users, it must be ensured that there is
sufficient space available for them to keep their crutches.

80 Educational Rights of Children with Special Needs — FAQs

 2. Wheelchair users must
also be given equal
opportunity for changing
their seats like other Add
children in the classroom. 232
+324
For them, the blackboard ____
____
should be adjustable so
that it can be lowered for
writing.

3. For children, who cannot

hear and those with hearing
aids, communication is
better when the child
is seated in front of the
teacher. Seats in the middle row should be preferred for
the easy reading of lip movement and facial expressions
of teachers. For helping all children hear and listen well,
especially for a child using hearing aid, the surrounding
sounds should be minimised.

Schools for All 81

4. For children with low vision, the source of light should be
either right behind or above them, to ensure visual efficiency.
A seat for a low vision child should preferably be in the front
row, as this would minimise the distance between the child
and the blackboard.

82 Educational Rights of Children with Special Needs — FAQs

 5. People with Autism Spectrum Disorder (ASD) often have
difficulty in negotiating confusing spaces. It may also be
difficult for them to ask for help. Clear signage makes it
easier for them to get about quickly and efficiently. When
anxious or stressed, they find it easier to process pictorial
signage rather than written ones. Such signage makes it
easy for all other children as well.

Providing Accessible Services to All: ‘Accessible India

Campaign or Saugamya Bharat Abhiyan’
Accessible India Campaign (AIC), under the Department of
Empowerment of Persons with Disabilities (DEPwD), Ministry
of Social Justice and Empowerment, was launched on
3 December, 2015. It aims to make a barrier-free and conducive
environment for persons with disabilities throughout the
country.
Disability is understood to be caused by physical, social,
structural, and attitudinal barriers that prevent persons with
disabilities from participating equally in the socio-cultural
and economic activities. A barrier-free environment, facilitates
equal participation and ensures an independent and dignified
way of life for all.
Modifications and upgradations are to be made, along
three verticals for providing universal accessibility to all: built
environment, transport, and information and communication
technology.
For more details, refer to: [Link]
content/accessible_india.php

3. Is it recommended in the RTE Act that the schools

be located at suitable distances and locations for easy
access?
Ans. Yes, the RTE Act emphasises on the need for neighbourhood
schools. The Central Model Rules [Rule 6(1) of RTE Rules,
2010 and Section 6 of RTE Act, 2009] specify the areas or
limits of the neighbourhood, within which a school has to be

Schools for All 83

 established by the appropriate government or local authority
within three years from the commencement of this Act (that is,
31 March, 2013).

Primary
School (Classes I–V)
1 km

Upper
Primary School
(Classes VI–VIII)
3 kms

Neighbourhood Schools: Areas or Units of Neighbourhood

According to Rule 6(1) of RTE Rules, 2010, the area or limits of
the neighbourhood, within which a school has to be established
by the appropriate government or the local authority shall be:
(a) in respect of children in Classes from I to V, a school shall
be established within a walking distance of one km of the
neighbourhood; and
(b) in respect of children in Classes from VI to VIII, a school
shall be established within a walking distance of three kms
of the neighbourhood.

84 Educational Rights of Children with Special Needs — FAQs

 Duty of Appropriate Government/Local Authority to
Establish School (Section 6 of RTE Act)

For carrying out the provisions of this Act, the appropriate

government/local authority shall establish, within such area or
limits of neighbourhood, as may be prescribed, a school, where
it is not so established, within a period of three years from the
commencement of this Act.

4. Many children do not attend school due to social,

cultural, geographical and other difficult situations.
Can the norms of neighbourhood schools be eased for
such situations?
Ans. Yes, the RTE Rules [Rule 6(3 – 8) of RTE Rules, 2010] state
that the State Government or Local Authority shall ensure
that access of children to school should not be hindered on
account of social and cultural factors.

Free transport facility for school children from small hamlets

Schools for All 85

 Duties and Responsibilities of Appropriate Government to
Ensure Access of Children to School
Duties and Responsibilities of Central Government, Appropriate
Government and Local Authority [Rule 6 (3–8) of RTE Rules, 2010]:
1) In places with difficult terrain, risk of landslides, floods, lack of
roads, and, in general, which involves a danger for young children
in approaching the school from their homes, the appropriate
government or the local authority shall locate the school in a
manner that it avoids such dangers, by reducing the area or
limits.
2) For children from small hamlets, as identified by the appropriate
government or the local authority, where no school exists within
the area or limits of neighbourhood, the appropriate 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 same rule.
3) In places with high population density, the appropriate
government or the local authority may consider establishment of
more than one neighbourhood school with regard to the number
of children in the age group of 6 –14 years in such places.
4) The local authority shall identify the neighbourhood school(s)
where children can be admitted and make such information
public for each habitation.
5) With respect to children with disability, to enable them in
accessing the school, the appropriate government or the local
authority shall endeavour to make appropriate and safe
transportation arrangements so that they attend the school and
complete their elementary education.
6) The appropriate government or the local authority shall ensure
that access of children to the school is not hindered on account
of social and cultural factors.

5. How will the information regarding neighbourhood

school(s) be known to the public?
Ans. It is the responsibility of the local authority to identify
neighbourhood school(s) where the children can be admitted,
and make this information known, to the public for each
habitation [Rule 6 (6) of RTE Rules, 2010].

86 Educational Rights of Children with Special Needs — FAQs

6. When can a child seek admission in a school during the
year?
Ans. A child can be admitted in a school, anytime during the
year. Though ideally, a child should be enrolled either at the
beginning of the academic year or within the extended period
(as prescribed by the appropriate government), they cannot
be denied admission even after the extended period. However,
in such a case, the child shall be given special training to
build their skills.

No Denial of Admission (Section 15 of RTE Act, 2009)

A child shall be admitted in a school at the commencement

of the academic year or within such extended period as may
be prescribed:

●● Provided that no child shall be denied admission if such

admission is sought subsequent to the extended period.

●● Provided further that any child admitted after the extended

period shall complete her/his studies in such manner as
may be prescribed by the appropriate government.

Extended Period for Admission

Rule 14 (1 & 2) of RTE Rules, 2010 states:

●● extended period of admission shall be six 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, she/he shall be eligible to complete studies with
the help of special training, as determined by the head-
teacher of the school.

Schools for All 87

7. On what basis will the child be admitted to a school?
Ans. For the purpose of admitting children, no school can take a
test or an interview or ask for interaction with the parents or
their children, or seek capitation fee. This is clearly stated in
Section 13(2) of the RTE Act, 2009.

No Capitation Fee and Screening Procedure for Admission

[Section 13 (1 & 2) of RTE Act, 2009]

●● No school or person shall, while admitting a child, collect

any capitation fee and subject the child or her or his parents
or guardian to any kind of screening procedure.

●● Any school or person, if in contravention of the provisions

of Sub-section 1:

(a) receives capitation fee, shall be punishable with fine

which may extend to ten times the capitation fee
charged; and

(b) subjects a child to any screening procedure, shall be

punishable with fine which may extend to twenty-five
thousand rupees for the first contravention and fifty
thousand rupees for each subsequent contravention.

Rahul’s application got rejected

“In the year 2012 we got
our younger son, Sohail,
enrolled in a school.
Thanks to the RTE Act, we
didn’t have to go through
a toiling admission related
examination process. But
back in May 2008, our
eldest son Rahul had to give
an interview and test for admission to the same school,” said
Ameena. “I still remember that difficult day. Rahul and I, waited
outside that dreaded room, where his test was to take place,
while Rahul’s father filled up a form that required details about

88 Educational Rights of Children with Special Needs — FAQs

 our qualifications, occupation, monthly income, etc. Rahul
looked at me, as I held tightly on to his wheelchair handle. I
smiled at him, trying not to show how nervous I was.”

“It was the longest hour for both of us. After the whole
process, the school decided not to admit Rahul. Rahul used
a yellow crayon to colour the apple, he did not assemble the
pieces of a puzzle and he fumbled, while giving his father’s name
during the school test,” Ameena remembered. “No child should
have to go through such pressure and then face rejection. This
was many years ago; Rahul then went to a different school and
performed well. The art
classes, in particular,
were his favourite.
However we are glad
that we did not have
to put our younger son
through such a process,
thanks to the RTE Act.”

8. What are the categories of schools which come under

the ambit of the RTE Act?
Ans. “School” means any recognised school imparting elementary
education. Four categories of schools are covered under the
RTE Act [Section 2 (n) (o) of the RTE Act, 2009] and include:
1. a school established, owned, or
controlled by the appropriate
government or local authority;

2. an aided-school receiving
aid or grants, to meet whole
or part of its expenses, from
the appropriate government
or local authority;
3. a school belonging to a specified category; and

Schools for All 89

 4. an unaided school not receiving any kind of aid or grant
to meet its expenses from the appropriate government or
local authority.

Schools belonging to the Specified Categories

Schools belonging to the specified categories include:
●● Kendriya Vidyalaya, Navodaya Vidyalya, Sainik School, and
any other school having a distinct character, as specified by
the appropriate government [Section 2 (o) of the RTE Act,
2009]; and
●● the Central Government specified the schools established,
managed, and administered by the Central Tibetan School
Administration, Government of India, to come under specified
category schools.
[As per MHRD, Department of School Education and Literacy
Notification dated 19 January, 2011, New Delhi]

9. Which schools are exempted from the provisions of the

RTE Act?
Ans. The provisions of the RTE Act are not applicable to Madrasas,
Vedic Pathshalas and educational institutions primarily
imparting religious instruction (Section 2 of RTE Act).

10. Does the RTE Act cover minority schools?

Ans. The RTE Act is not applicable to minority schools. However,
minority schools are required to abide by one key provision of
the RTE Act that safeguards the rights of children. There are
provisions of ‘no detention’ and ‘no corporal punishment’.

No Detention No Corporal Punishment

For more details, refer to:

‘Applicability of the provisions of the RTE Act, 2009 to the
minority education institutions — detention of students between
Classes I and VIII’. Retrieved from: [Link]
upload_files/mhrd/files/upload_document/RTE_1.pdf.

90 Educational Rights of Children with Special Needs — FAQs

 The Right of Children to Free and Compulsory Education
(Amendment) Act 2019, regarding removal of the no-detention
policy.
Retrieved from: [Link]
files/upload_document/rte_2019.pdf

Notice to Centre, Uttar Pradesh over Exemptions for

Minority Schools
Date: 5 October, 2016
New Delhi: The debate over whether minority institutions
should be excluded entirely from the provisions of the Right
to Education Act reached the Supreme Court today, which
issued a notice to both the Centre and the Uttar Pradesh
Government in the matter.
A bench of Justices Dipak Mishra and UU Lalit were
hearing a plea filed by the Independent Schools Federation
of India which sought a relook on the exemptions provided
to — both unaided and aided — minority institutions.
Such institutions are not only excluded from provisions
of the Right to Education but also, other legal provisions like
reservations for students from weaker sections.
The court had earlier sought a response from the Centre
and the Uttar Pradesh Government without issuing notices
to them on whether the minority institutions needed any
recognition as mandated under the Right to Education Act,
after they were excluded from its purview.
Earlier in May 2014, a five-judge bench had upheld the
validity of the Right to Education Act, 2009 and said it was not
applicable to minority schools.
...Right now, minority institutions can be established
without a certificate of recognition from the authorities, and
don’t need to adhere to norms and standards for schools.
[Source: [Link]
pradesh-over-exemptions-for-minority-schools-1470676]

Schools for All 91

11. How does the RTE Act apply to the Special Schools
managed by the NGOs and Ministry of Social Justice
and Empowerment?
Ans. The Special Schools that are managed by the NGOs and
Ministry of Social Justice and Empowerment have to attain
the norms and standards, as defined in the RTE Act and in
the States’ own rules, in order to continue functioning as a
recognised school or to qualify as legal schools, within three
years of notification of the Act.

Reference: Right to Education. ‘Would special schools run

by NGOs qualify as legal schools under the Act?’ Retrieved
from: [Link]
run-ngos-qualify-legal-schools-under-act

12. Does the RTE Act allow schools to run double shifts?

Ans. The RTE Act requires that all schools across the country
follow a single schedule as regards the minimum number of
instructional hours per year. This also ensures that schools
do not run double shifts.

The Schedule — Norms and Standards for a School

(Item No. 3 of RTE Act, 2009)

●● 200 working days for Classes I to V.

Minimum number ●● 220 working days for Classes VI to VIII.

of working days or
●● 800 instructional hours per academic
instructional hours
in an academic year for Classes I to V.
year ●● 1,000 instructional hours per academic
year for Classes VI to VIII.

92 Educational Rights of Children with Special Needs — FAQs

13. What action would be taken against a school if it does
not adhere to the required norms and standards?
Ans. It is important that schools follow the minimum norms and
standards as specified in the RTE Act, 2009. Schools will
not be recognised if they do not adhere to the norms and
standards. In addition, no school can be established without
obtaining the ‘certificate of recognition’ from proper channels
as specified in Sections 18 and 19 of the RTE Act, 2009.

No School to be Established without Obtaining Certificate

of Recognition (Section 18 of RTE Act)

(1) No school, other than a school established, owned, or

controlled by the appropriate government or local authority,
shall, after the commencement of this Act, be established
or function, without obtaining the ‘certificate of recognition’
from such authority, by making an application in such
form and manner, as may be prescribed.

(2) The authority prescribed shall issue the ‘certificate of

recognition’ in such form, within such period, in such
manner, and subject to such conditions, as maybe
prescribed:

●● Provided that no such recognition shall be granted to a

school unless it fulfils norms and standards.

(3) On the contravention of the conditions of recognition, the

prescribed authority shall, by an order in writing, withdraw
recognition:

●● Provided that such order shall contain a direction as to

which of the neighbourhood school, the children studying
in the derecognised school, shall be admitted.

●● Provided further that no recognition shall be so withdrawn

without giving an opportunity of being heard to such
school, in such manner, as maybe prescribed.

Schools for All 93

 (4) With effect from the date of withdrawal of the recognition,
no such school shall continue to function.
(5) Any person who establishes or runs a school, without
obtaining the ‘certificate of recognition’, or continues to run
a school after withdrawal of recognition, shall be liable to a
fine, which may extend to one lakh rupees, and in case of
continuing contraventions, to a fine of ten thousand rupees
for each day, during which such contravention continues.

14. How is it ensured (under the RTE Act) that all schools
admit children belonging to the disadvantaged groups
and/or weaker sections?
Ans. The RTE Act makes it compulsory for private and specified
category schools to admit at least 25 per cent children,
belonging to disadvantaged groups and weaker sections,
in Class I or pre-school (where a school imparts pre-school
education) and provide free and compulsory elementary
education till its completion.

94 Educational Rights of Children with Special Needs — FAQs

 Extent of School’s Responsibility for Free and Compulsory
Education (Section 12.1.c of RTE Act)

(1) For the purposes of this Act, a school:

(c) shall admit in Class I, to the extent of at least

25 per cent of the strength of that class, children
belonging to disadvantaged groups and weaker sections
in the neighbourhood, and provide free and compulsory
elementary education till its completion:

Provided further that where a school imparts pre-school

education, the provisions shall apply for admission to such
pre-school education.

It is anchored in the belief that all schools, including those not

dependent on government funds, shall provide inclusive elementary
education to all children. This belief is in concurrence with the
constitutional values of equality, social justice, democracy, and
creation of a just and humane society.

Note: In case of private unaided and specified category schools, random

selection shall be done for the applications received from the children
belonging to disadvantaged groups and/or weaker sections, for filling the pre-
determined number of seats (that is, not less than 25 per cent of the strength
of the class).

Navodaya Vidyalayas all set to get exemption for two key

RTE provisions

Date: 22 June, 2011

New Delhi: Lakhs of children, waiting to take the entrance

test for admission into the prestigious Navodaya Vidyalayas
can now finally appear for the exams, take relief as the Law
Ministry has finally said that these schools can be exempted
from two key provisions of the Right to Education Act.

Schools for All 95

 However, the Law ministry has asked the HRD ministry to take
the precaution of issuing the necessary notification exempting
these schools from the RTE Act.

The two key provisions—no screening and 25 per cent

reservation for the economically weaker sections—will not be
applicable to the 444 Navodaya Vidyalayas across the country.
As a result, the entrance test for these schools, that was to
take place in February, would now be held in July. Sources in
the Navodaya Vidyalaya Sangathan (NVS) said, “The session in
Navodaya Vidyalayas has already been delayed by a few months.
We would like to conduct the test next month.”

There are a number of reasons for letting Navodaya

Vidyalayas off the RTE hook. They start from Class VI and not
Class I. These schools, located in all districts, have 75 per cent
seats reserved for rural children. Seats are also reserved for
children from SC and ST communities, in proportion to their
population in the district, but not less than the national average.
One-third of the seats are for girl students and three per cent of
the seats are for disabled children. Till Class IX there is no fee,
and from Classes IX to XII, ` 200 is charged per month.

NVS argued that since these schools cater primarily to

poor rural children, there is no reason for it to give 25 per
cent reservation. As for the contentious issue of no-screening,
NVS contended that these schools were primarily meant for
meritorious children and admission was done through a tough
entrance examination conducted by CBSE.

[Source: [Link]
Vidyalayas-all-set-to-get-exemptionfor-two-key-RTE-provisions/
articleshow/8945093.]cms

15. Who is responsible for providing funds for free education

of children belonging to the disadvantaged groups and
weaker sections under the RTE Act?
Ans. As per the RTE Act, the costs incurred by private and specified
category schools, on providing free education to children

96 Educational Rights of Children with Special Needs — FAQs

 belonging to the disadvantaged groups and weaker sections,
will be reimbursed by the respective State Governments.

Extent of School’s Responsibility for Free and Compulsory

Education (Section 12.2 of RTE Act)

The school providing free and compulsory elementary education,

shall be reimbursed the expenditure so incurred by it to the
extent of per-child expenditure incurred by the State, or the
actual amount charged from the child, whichever is less, in
such a manner as may be prescribed:
●● Provided that such reimbursement shall not exceed per child
expenditure incurred by a school.

●● Provided further that where such school is already under

obligation to provide free education to a specified number
of children on account of it having received any land,
building, equipment, or other facilities, either free of cost or
at a concessional rate, such school shall not be entitled for
reimbursement to the extent of such obligation.

Interviewer:
It is the responsibility of the private schools that
receive aid from the Government, to admit children
(subject to a minimum 25 per cent) in proportion
to the annual recurring aid or grants received.
Will these schools receive any extra financial aid
as reimbursement for these children?

Educational administrator:
Let me give an example; if a private school receives
40 per cent of the total recurring expenditure
as annual contribution for a particular year,
it will have to admit 40 per cent children from
disadvantaged groups and weaker sections, in
the induction class, for free education that year.

Schools for All 97

 However, if the grant received is less than 25 per cent, the
school should still admit at least 25 per cent children in the
induction class for free education.

Responsibilities of Schools and Teachers, Extent of School’s

Responsibility for Free and Compulsory Education, Section
12[1(b)] of RTE Act

School shall provide free and compulsory elementary education

to such proportion of children admitted therein as its annual
recurring aid or grants so received bears to its annual recurring
expenses, subject to a minimum of 25 per cent.

16. Who is responsible for providing the free entitlements

to children?
Ans. The responsibilities of providing free entitlements
to children vary according to the type of school.
In case, there is a child with disability,
they shall be entitled also for free
special learning and support material
[Rule 9 (1) of RTE Rule, 2010].

Our Focus:
Admit All
Children
Free
Entitlements

For all children admitted

to government schools, the
appropriate government or
local authority is responsible
for providing free entitlements
to all the children.

98 Educational Rights of Children with Special Needs — FAQs

 In private schools (aided/
unaided), the provision for free
entitlements is available to
the children admitted for free
elementary education. The
schools shall be responsible
for providing free entitlements
to these children [Section
12(2) of RTE Act].

17. Does it imply that private and specified category

schools can no longer charge fees under the RTE Act?
Ans. Private schools and schools in the specified category can
continue to charge fees as per their standard norms. However,
they are required to admit at least 25 per cent children from
disadvantaged groups and weaker sections (or economically
weaker section) of the society, without charging any fees.

18. Why should at least 25 per cent children from

disadvantaged groups and/or weaker sections be
admitted for free education in private schools?
Ans. The rationale for including at least 25 per cent children from
disadvantaged groups and weaker sections is to ensure that
they form a substantial portion or critical mass in the class
they join. A smaller proportion would serve only a token
purpose and it may run the serious risk of creating a feeling
of alienation, among the children, belonging to disadvantaged
groups and weaker sections. The aim is to ensure that
participation in the classroom interaction remains lively,
inclusive, strong, as well as enriches the overall experiential
learning taking place in any given subject area. This implies
that children from disadvantaged groups and weaker sections
cannot be pooled together in a separate section or taught
during the afternoon shift. Any arrangement which segregates,
or treats these children in a differentiated manner vis-à-vis
the fee-paying children, is undesirable for the promotion of
inclusive classrooms.

Schools for All 99

19. Why is Class I or preschool fixed as the entry level for
admitting 25 per cent children from disadvantaged
groups and weaker sections in private schools?
Ans. The RTE Act provides for admission of 25 per cent children
from disadvantaged groups and weaker sections in Class I and
not across the whole school. As children admitted to Class I
move to Class II, new children will be admitted to Class I,
and so on, till completion of 8 years of elementary education.
Thus, the school will gradually have a more diverse population
spread across all classes. Progression at this pace will allow
the children the opportunity to grow up together and create
bonds that can survive social taboos. The intention is well
thought of, respecting the overall school ethos to
respond to the new policy in a positive manner. It allows
space for teachers, who are used to selective
homogeneous classroom environments, to
gradually develop the required positive
attitude and professional skills, to deal
with this diversity. Thus, the
RTE Act provides for admission
of disadvantaged children at the
entry level, covering pre-school
and Class I.

Children climbing the educational ladder

100 Educational Rights of Children with Special Needs — FAQs

 For more details, refer to:
MHRD, GoI. RTE Section-wise Rationale: Responsibilities
of Schools & Teachers (Section 12)
Retrieved from: [Link]
mhrd/files/upload_document/RTE_Section_wise_
rationale_rev_0.pdf

Appropriate Government to Provide for Pre-school

Education (Section 11 of RTE Act)
With a view to prepare children above the age of three years for
elementary education and to provide early childhood care and
education for all children until they complete the age of six years,
the appropriate government may make necessary arrangements
for providing free pre-school education for such children.

20. How does the RTE Act provide for preschool education?
Ans. According to the RTE Act, the appropriate government may
make arrangements for providing free pre-school education
for children till the age of six years.

21. What if a child was not enrolled in a school at six years

of age or dropped out of school before completing
elementary education? Is it possible to seek admission
later?
Ans. Yes. According to the RTE Act, an ‘out-of-school child’ above
six years of age can also take admission in any school, for
pursuing and completing free elementary education (Section
4 of RTE Act, 2009). However, in such cases, the child will
be directly admitted in an age appropriate class after going
through special training and/or remedial classes. This is
done with the intention of avoiding possible humiliation
and embarrassment of sitting with younger children and
consequently dropping out.

Schools for All 101

 Ricky's Story
Ricky, a boy aged 10, sells balloons in the Connaught Place area of
Delhi. In the evening, he supports his father in selling vegetables.

10 + 15 + 25
+ 7 = 57

Of course, the Right to

Can my son get Education Act gives your
admission at this son the right to elementary
age? education.

One day, Joseph, a social worker, was buying vegetables. He was

surprised to see this little boy calculate the daily earnings with such
speed and accuracy. Out of curiosity, he asked Ricky which school

102 Educational Rights of Children with Special Needs — FAQs

 he attends. Ricky said that he had never been to school. Impressed by
the child, Joseph decided to talk to the child’s father and proposed
admitting him in the neighbourhood school. Ricky’s father who had
never gone to school himself, wondered how this could be possible
with his meagre earnings. He doubted how Ricky could get admission
in a school at this age.
Joseph eased all the apprehensions of the father and explained
that, with the enactment of the RTE Act, it is the right of the child to get
admission in any school in an age appropriate class. He informed that a
child has to be six years old to be in Class I, and if Ricky is 10 years old,
so he has a right to be admitted in Class IV. It is the responsibility of the
school to provide him with special training to cope with what he had
missed, within a time-frame of two years.

22. Who is an ‘Out-of-School Child’ according to the RTE

Act?
Ans. There is no standard definition for clarifying children who
are ‘Out-of-School Children’. Varied approaches have been
adopted in different parts of the country with regard to ‘Out-
of-School Children’. For clarity on the concept, the following
standard definition is suggested by MHRD:

“A child 6–14 years of age will be considered out-of-school if

she/he has never been enrolled in an elementary school or,
if after enrolment has been absent from school without prior
intimation for reasons of absence for a period of 45 days or
more.”

State definitions of ‘Out-of-School Child’: A few examples

Maharashtra: ‘Out-of-School Child’ means a

child of the age of 6 to 14 years who has either
Maharashtra
never been admitted to a school or who, having
been admitted, has not completed elementary
education. It shall also include a student of
elementary school being continuously absent
for more than a month.

Schools for All 103

 Manipur: ‘Out-of-School Child’ means a child in
the age group of 6–14 years who has not completed
Maharashtra
elementary education (who is either never enrolled

r
pu
in school or dropped out without completing

ni
elementary education). A student of an elementary

Ma
school, absent for more than one month, shall also
be considered to be an ‘Out-of-School Child.’

For more details, refer to:

MHRD, GoI, RTE Act 2009. Sarva Shiksha Abhiyan:
Interventional Strategies for Special Training for ‘Out-of -School
Children’. Retrieved from: [Link]
files/mhrd/files/upload_document/[Link]

23. How can an Out-of-School Child be helped to reach the

level of the age appropriate class?
Ans. According to the RTE Act, a child admitted directly to an
age appropriate class shall have the right to receive special
training. This training shall be organised by the School
Management Committee (SMC) within the school or in safe
residential facilities. It shall be based on the age appropriate
classroom learning material, specially designed for the purpose
and approved by the academic authority. Special training
shall be provided by the teachers working in the school or
those appointed specially for this purpose. For the training,
an Individualised Education Plan (IEP) shall be prepared by
the trainer, in consultation with the family and the student.
Further, the child shall continue to receive special attention
by the teacher after getting into the age appropriate class to
enable them to successfully integrate academically, socially,
and emotionally and connect with other members of the class
(Section 4 of RTE Act, 2009 and Rule 5 of RTE Rules 2010).

104 Educational Rights of Children with Special Needs — FAQs

24. Would the special training be provided for a specific
duration? What if the child is not able to cope within
the time frame?
Ans. Yes, the special training shall be provided for a minimum
period of three months. The training may be extended, based
on the periodical assessment of the learning progress made
by the child. However, the training shall not be extended
beyond two years [Rule 5[1(d )] of RTE Rules, 2010].

Special Training
(Rule 5 of RTE Rules, 2010)
(1) The School Management Committee (SMC) of a school
owned and managed by the appropriate government or local
authority shall identify children requiring special training
or organise such training in the following manner, namely:
(a) the special training shall be based on specially
designed, age appropriate learning material, approved
by the academic authority;
(b) the said training shall be provided in classes held on
the premises of the school, or in classes organised in
safe residential facilities;
(c) the said training shall be provided by teachers working
in the school, or by teachers specially appointed for the
purpose; and
(d) the duration of the said training shall be for a minimum
period of three months which may be extended, based
on the periodical assessment of learning progress, for
a maximum period not exceeding two years.
(2) The child shall, upon induction into the age appropriate
class, after special training, continue to receive special
attention by the teacher to enable her/him to successfully
integrate with the rest of the class, academically and
emotionally.

Schools for All 105

 Reshma Goes Back to School
Reshma, an 11-year-old girl, is orthopedically challenged and has hearing
impairment. Her parents’ attitude had always been blaming their and her own
fate. Though she was initially sent
to school; as she attained puberty,
she was made to discontinue her
schooling. Her parents asked her
to stay inside the home, as they felt
that it was no longer safe for her to
go to school, and schooling will be
of no use to her. Her neighbours
advised her parents that it will be
futile to invest in a “disabled girl”.

The school headmaster, the

people of the Panchayat, and
members of School Management
Committee (SMC), while identifying
the number of children staying in a
family in each house in the village,
identified Reshma and inquired
about her age, name of the school,
and class last attended.
It was through their persuasive
efforts that Reshma’s parents were

encouraged to send her back to school.

The headmaster explained that they
have a special educator, who will assess
her learning ability and based on the
assessment, an Individualised Educational
Plan (IEP) would be developed. After
developing her preinclusive skills,
she will be inducted into an age
appropriate class.
Now, after one year of special
training, Reshma is studying in
Class VI of the Zila Parishad School
and her family feels motivated
and encouraged to continue
her education in the regular
neighbourhood school.

106 Educational Rights of Children with Special Needs — FAQs

25. What if a child admitted late to school, turns 14 years
old, before completing elementary education?
Ans. A child enrolled in a school after six years of age can pursue free
and compulsory education, till the completion of elementary
education [Section 4 of RTE Act, 2009]. It means that, if a child
was enrolled in a school at the age of 12 years, the child can
pursue free and compulsory education even after 14 years of
age till they complete elementary education. The DNEP 2019,
however, suggest extending the RTE Act to include secondary
education for children up to 18 years of age.

Special Provisions for Children not Admitted to or

Who Have not Completed Elementary Education
(Section 4 of RTE Act)
Where a child above six years of age has not been admitted in
any school or though admitted, could not complete her or his
elementary education, then, she or he shall be admitted in a
class appropriate to her or his age:

●● provided that where a child is directly admitted in a class

appropriate to her or his age, then, she or he shall, in
order to be at par with others, has a right to receive special
training, in such manner, and within such time limits, as
may be prescribed.

●● provided further that a child so admitted to elementary

education shall be entitled to free education till completion
of elementary education even after 14 years of age.

26. Since age appropriate admission is a provision under

the RTE Act, what documents can be considered as a
proof of age?
Ans. According to the Act, the age of the
child, shall be determined on the
basis of the birth certificate issued
according to the Births, Deaths
and Marriages Registration Act,
1886 or any other document
prescribed by the States [Section
14(1) of RTE Act, 2009].
Schools for All 107
27. Can the school deny admission due to lack of age proof?
Ans. No. According to the RTE Act, no child can be denied admission
due to the lack of age proof [Section 14(2) of RTE Act, 2009].

Proof of Age for Admission

(Sections 14.1 and 14.2 of RTE Act)
(1) For the purposes of admission to elementary education, the
age of a child shall be determined on the basis of the birth
certificate issued in accordance with the provisions of the
Births, Deaths and Marriages Registration Act, 1886 or on
the basis of such other document, as may be prescribed
(6 of 1886).
(2) No child shall be denied admission in a school for lack of
age proof.

28. Can the child seek transfer to another school anytime

during the academic year?
Ans. Yes, a child can seek transfer to any other school
(except private unaided and specified category
schools) anytime during the
academic year. In such a case,
the head-teacher or teacher
in-charge, shall issue transfer
certificate without delay.
However, admission cannot be
denied on the account of delay in
producing the transfer certificate.

Right to Transfer to Other School

(Section 5 of RTE Act)
(1) Where in a school, there is no provision for completion of
elementary education, a child shall have a right to seek

108 Educational Rights of Children with Special Needs — FAQs

 transfer to any other school, excluding the school specified
in Sub-clauses (iii) and (iv) of Clause (n) of Section 2, for
completing her or his elementary education.
(2) Where a child is required to move from one school to
another, either within a State or outside, for any reason
whatsoever, such child shall have a right to seek transfer
to any other school, excluding the school specified in
Sub-clauses (iii) and (iv) of Clause (n) of Section 2, for
completing her or his elementary education.
(3) For seeking admission in such other school, the head-
teacher or teacher in-charge of the school where such
child was last admitted, shall immediately issue the
transfer certificate:
●● provided that delay in producing transfer certificate
shall not be a ground for either delaying or denying
admission in such other school.

●● provided further that the head-teacher or teacher in-

charge of the school delaying issuance of transfer
certificate shall be liable for disciplinary action under
the service rules applicable to her or him.

Ramesh’s Misplaced Disability Certificate

Ramesh’s father got transferred
from Delhi to Mumbai. When
the entire family got off the
train, Ramesh’s mother realised
that one of the suitcases,
that had Ramesh’s disability
certificate, was missing. She
panicked because she thought
her child would be denied
admission to school due to the
lack of a disability certificate.
Ramesh’s parents sought
help from the District Education

Schools for All 109

 Officer of the area, where
they had shifted. The District
Education Officer told them
that, under the RTE Act, no
child can be denied admission
on the basis of lack of any
certificate. Hence, Ramesh has
every right to be in school.
However, the certificate is
later required, by the teacher
and headmaster of the school,
to enable Ramesh to avail the
benefits, especially meant for
children with disability.

29. Who is responsible for monitoring effective

implementation of the RTE Act in the schools?
Ans. According to the RTE Act, every school (except private unaided
schools) shall constitute a School Management Committee
(SMC), which will play a pivotal role in monitoring effective
implementation of the RTE Act. It shall consist of elected
representatives of the local authority, parents of the children
in the school, and the teachers.

30. Can parents of the children belonging to the

disadvantaged groups, weaker sections, or
those with special needs, become members of
SMC?
Ans. Realising the important role of parents in
understanding the needs of their children, especially
of children belonging to the disadvantaged groups
and weaker sections, the RTE Act states that
proportionate representation be given to them in
the SMC. In addition, 50 per cent of members of
such committees shall be women [Section 21(1) of
RTE Act, 2009]. The States have formulated their

110 Educational Rights of Children with Special Needs — FAQs

 own rules regarding the composition and functioning of
the SMCs.

School Management Committee

(Section 21.2 of RTE Act)
The School Management Committee shall perform the
following functions, namely:

(a) monitor the working of the school;

(b) prepare and recommend school development plan;

(c) monitor the utilisation of grants received from the

appropriate government or local authority or any
other source; and

(d) perform such other functions as may be prescribed.

●● Whether the School Management Committee,

constituted under Sub-section (1) of Section 21 of
RTE Act, is a School Management Committee of a
school established and administered by a minority
whether based on religion or language; or any and
(b) all other aided schools mentioned according
to the Section 2 (n)(ii) of the RTE Act. [Inserted by
RTE (Amendment) Act, 2012].

31. What are the duties of the SMC?

Ans. The School Management Committee (SMC) shall be
responsible for monitoring the proper utilisation of grants,
implementation of the mid-day meal scheme, and the proper
functioning of the school on the whole [Section 21 (2) of RTE
Act, 2009 and Rule 3(6) of RTE Rules, 2010].

It shall also be responsible to look especially into the

concerns of children belonging to the disadvantaged groups
and weaker sections, and identify their additional needs. As
regards the children with special needs, the members have a
vital role in monitoring that they are identified and enrolled
in the neighbourhood schools. For the purpose of fulfilling

Schools for All 111

 the additional identified needs of the children studying in the
school, it shall prepare a School Development Plan (SDP).
(Please refer to the next question for more details.)

Further, the SMC members shall also gear their efforts

towards spreading awareness about the protection of rights of
children and duties of the State Government, local authority,
school, and parents among the neighbourhood population.

Composition and Functions of School Management

Committee (Rule 3.6 of RTE Rules, 2010)
The said committee shall perform the following functions,
namely:
(a) 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 appropriate government, local authority, school,
parents, and guardian;
(b) ensure the implementation of Clauses (a) and (e) of Section
24 [Duties of teachers and redressal of grievances] and of
Section 28 [Prohibition of private tuition by teacher];
(c) monitor that teachers are not burdened with non-
academic duties other than those specified in Section 27
[Prohibition of deployment of teachers for non-educational
purposes];
(d) ensure the enrolment and continued attendance of all the
children from the neighbourhood in the school;

112 Educational Rights of Children with Special Needs — FAQs

 (e) monitor the maintenance of the norms and standards
specified in the Schedule;
(f) bring to the notice of the local authority any deviation from
the rights of the child, in particular mental and physical
harassment of children, denial of admission, and timely
provision of free entitlements;
(g) identify the needs, prepare a plan, and monitor the
implementation of the provisions;
(h) monitor the identification and enrolment of, and facilities
for education of children with disabilities, and ensure their
participation in, and completion of elementary education;
(i) monitor the implementation of the Mid-Day Meal in the
school; and
(j) prepare an annual account of receipts and expenditure of
the school.

32. What is a School Development Plan (SDP)? Would it be

an inclusive plan, indicating the needs of children with
special needs?
Ans. The School Development Plan (Rule 4 of RTE Rules, 2010) is
a comprehensive plan, reflecting the goals and development
plans of the school. It is a three-year plan, which according to
the RTE Act, shall be prepared at least three months before
the end of the financial year. It should focus on the various
important aspects such as protection of child rights, child-
friendly environment, infrastructure, barrier-free access,
availability of Teaching-Learning Material (TLM), and other
entitlements, preparation of pupil cumulative record, and
inclusive classrooms.

Schools for All 113

114 Educational Rights of Children with Special Needs — FAQs
 Preparation of School Development Plan
(Rule 4 of RTE Rules, 2010)
1. The School Management Committee shall prepare a
School Development Plan at least three months before
the end of the financial year in which it is first constituted
under the Act.
2. The School Development Plan shall be a three-year plan
comprising three annual sub-plans.
3. The School Development Plan shall contain the following
details:
(a) Estimates of class-wise enrolment for each year;
(b) Requirement of the number of additional teachers,
including head-teachers, subject teachers and part-
time teachers, separately for Classes I to V and
Classes VI to VIII, calculated with reference to the
norms and standards specified in the Schedule;
(c) Physical requirement of additional infrastructure
and equipment, calculated with reference to the
norms and standards specified in the Schedule; and
(d) Financial requirement in respect of (b) and (c)
above, including for providing special training
facility specified in Section 4, entitlements of
children such as free textbooks and uniforms, and
any other additional requirement for fulfilling the
responsibilities of the school under the Act.
4. The School Development Plan shall be signed by the
Chairperson or Vice Chairperson and Convener of the
School Management Committee and submitted to the
local authority before the end of the financial year in
which it is prepared.

Schools for All 115

 Especially in the context of children with special needs, the
School Development Plan should focus on:

●● number of Children With Special

Needs (CWSN) in the school and
types of disabilities;
●● accessing neighbourhood school;
●● age appropriate admission of
children;

●● comments on the
availability and quality of
ramps and handrails, and
the accessibility of the
entire school premises
to children with special
needs;

●● provision of Braille books and

books on tape, audio books,
and relevant teaching-learning
materials and equipment for
children with special needs; Reading
Pencil grip
Stand
●● seating arrangements for the
children with disabilities and 25

the attitude of the teacher and

other students towards them; Magnifying
glass
Hearing
Talking
Calculator
Aids
●● availability of transport/escort
facility for CWDs;
●● availability and repair of Sign Large
language keyboard
assistive devices;

116 Educational Rights of Children with Special Needs — FAQs

 ●● nature and frequency
of visits by the resource
teacher to CWSN and
volunteers for CWSN;
●● frequency of parental
interaction with the
teacher;
●● orient teachers towards the needs of CWDs;
●● availability and use of resource room; and
●● development and maintenance of an Individualised Educational
Plan.

For more details, refer to:

MHRD, GoI, Department of School Education and
Literacy. (March, 2011). Framework for Implementation:
Based on the Right of Children to Free and Compulsory
Education Act, 2009. Retrieved from: [Link]
[Link]/docs/[Link]

Schools for All 117

 6
Chapter
Empowering Teachers

“Education is the most powerful weapon which

you can use to change the world.”
— Nelson Mandela

The class teacher when introducing Swagat to our

new science teacher, said, “He is a student with a
wonderful sense of humour, loves science, and writes
science fiction stories which have been published in
a few children’s magazines”. She added that “he has
great enthusiasm for cricket”. The teacher said she
Empowering Teachers

was surprised to know that Swagat is a child with

down syndrome.

“Had I not attended the life skills training, I would

have missed some refreshing teaching mantras. In
my zeal to cover the curriculum I always kept focus
on teaching to impart knowledge and thought that
children need to be always taught. After the training,
when I applied our discussions and gave vocabulary
building exercise to the children, they worked in
groups and came up with many new words. I was
amazed at their creativity and the different ways
in which they could think. I reflected and realised
that such different opportunities need to be planned
regularly.”

The aim of this chapter is to:

)) highlight as per the RTE Act the role of teachers as members of the SMC.
)) emphasise the role of teachers towards creating appropriate conditions of
learning for all children, including children with special needs.
)) provide information based on the RTE Act regarding teachers’ minimum
qualifications, the working conditions and provision of grievance redressal
mechanism.
1. Who is considered a qualified teacher for teaching
children with disabilities?
Ans. According to the RTE Act,
the minimum qualifications
for an elementary school
teacher are laid down by an
academic authority [in this
case, the National Council
for Teacher Education
(NCTE)]. Any person who
possesses a minimum of
these qualifications can
be appointed for teaching
children, including those
with disabilities, at the
elementary level.

Any person possessing such minimum qualifications, as laid

down by an academic authority, authorised by the Central
Government, by notification, shall be eligible for appointment
as a teacher [Qualifications for Appointment and Terms and
Conditions of Service of Teachers, Section 23(1) of RTE Act, 2009].

As per the qualifications laid down by the NCTE, the

teachers trained in general or in special education have an
equal opportunity for appointment. Thus, every teacher is
qualified to teach a child with disability.

However, necessary support can be provided by special

educators and/or specialists to meet the educational needs of
children with disability. Such teachers and/or specialists are
expected to be trained [degree or diploma holders in special
education courses recognised by the Rehabilitation Council of
India (RCI)]. Under Sarva Shiksha Abhiyan, an MHRD flagship
programme, there is a provision for appointing two resource
persons at the Block Resource Centre (BRC) to provide
such report.

Empowering Teachers 119

For more details, refer to:
Notification dated 31 March, 2010 for appointment of NCTE
as academic authority under Section 23 of the RTE Act and of
NCERT as the academic authority under Section 29 of the RTE
Act. Retrieved from: [Link]
mhrd/files/upload_document/[Link]

Raghav's Story
“I grew up seeing my father shout at my mother,
blaming her for my condition. He believed
that I was a curse for her past sins. My father
being a professional athletics coach could never
come to terms with my physical disability.
Some relatives who admired him as an
athlete often gave ‘sincere’ advice and
recommended that instead of focusing on
my education, my parents should ensure that
I acquire some skills to earn a living.
I could never understand the link
they established between my physical
impairment and my intellectual abilities.
I feel that this was true of my teachers
as well. I remained invisible for most of
them. I hardly ever missed school but one day when I couldn’t answer
my teacher’s question, she asked me to be regular! I knew the answer
but felt nervous at that time. I now feel, in a way, I only fulfilled what
she expected of me! One of our teachers was a state
level chess player. She had taught us the game. I often
got to play chess and participate in the
school level competitions, whenever a team
was short of players. But, if the team lost,
the entire blame was thrust upon me.
As my parents and teachers had low
expectations of me, it most often led
me to doubt my own abilities. I think
I have done fairly well academically,
but could have done better, if I was
considered ‘normal’ like my other
friends.”

120 Educational Rights of Children with Special Needs — FAQs

 Raghav’s teacher was adequately trained and qualified. Yet she was
unable to fully support Raghav.
●● Why do you think Raghav’s teacher had low expectations from him?
Could it be attributed to a lack of understanding of his needs?
●● Could professional training for handling diversity, have helped her,
address his needs? Also, could a better understanding of her duties
towards creating the appropriate conditions of learning for all
children have helped?
●● Teaching in a diverse classroom requires not only the requisite
qualifications and degrees but also, a sensitivity and a nuanced
approach to handle diversity. Let us read the following interview to
help ponder over these questions further.

At the outset of the interview, tell us what

you did, to accept Rahul, a child with no
sight in your class?

Since I didn’t know anything about Rahul, I

approached his parents to find out, what he
could do despite his disability. I learnt a lot and
we decided that they would help me in school
with Rahul.
Having understood that he is very good at
identifying people from their voices, I planned a
set of activities with children to help Rahul know
his classmates and vice-versa. This was done
during Rahul’s first fortnight in my class. All
children were required to bring a piece of cloth.
Every morning, 10 children would stand one by
one in front of the group and give their name,
produce animal or bird sounds, and describe
the piece of cloth. Later on, I organised an
activity where these children were blindfolded. I
arranged all the pieces of cloth in a bowl on my
table. All the children were expected to stand
around the table and pick the cloth of a particular
texture and identify the corresponding name of
the child and the sound of the animal they had
imitated. We repeated this six times.

Empowering Teachers 121

At the end of the week, the scores showed that Rahul was the
quickest to select textures, and then say the name of the child
and the sound of the animal they had imitated. The whole class
applauded his achievement. This activity helped Rahul and other
children form a good rapport and get to know each other well.

Oh! I am sure this must have

been an exciting activity
for all the children and for
you as well. Did you learn
the skills of organising
such activities during the
special education training
programme?

No. I have never received

any training for teaching
children with special needs.
But, I feel equipped and
have the will to teach all
children, including Rahul,
at the school.

122 Educational Rights of Children with Special Needs — FAQs

 That’s really good. What suggestions can
you give to other teachers, who hesitate
to work for children, like Rahul?

As a teacher, I use different strategies

to accommodate the learning styles
of diverse learners. Inside the
classroom, I try to promote positive
interdependence among learners. I use
a hands-on approach that maximises
the use of all senses. I believe in
exposing the students to real objects
and meaningful experiences in natural
environments. I’m particular about
having high expectations from all my
learners and I let all the students
experience success. Neither I nor my
children make fun of each other. I seek
support from parents, older children in
the school, other teachers or experts,
to provide the children with small
group tutoring or individual tutoring,
in or outside the class. For Rahul and
other children, I ensure that there are
no sharp objects or hurdles in the
classroom. While teaching, I remember
that Rahul’s learning is limited only
to his auditory skills and therefore,
try to minimise extra noise from the
surroundings. He and many other
children are allowed extra time for
completing the assignments. I believe
every teacher has their own individual
style of teaching children and we can
certainly learn a lot from each other.

Empowering Teachers 123

 Do you think that any teacher can
teach every child by making the
required accomodations?

Yes. All that is required is a

strong-willed perseverance
and a positive attitude.
Simple small changes by
using the experience I have
with teaching other children
and sometimes just applying
common sense can make a
big difference.

124 Educational Rights of Children with Special Needs — FAQs

2. According to the RTE Act, how can in-service teachers
be trained to teach in inclusive settings?
Ans. The RTE Act recognises the importance of continuous in-
service training for enhancing and developing the skills of
teachers. The academic authority is responsible for developing
the design for in-service training of teachers. This includes
equipping teachers to teach in inclusive settings. It is the duty
of teachers to actively participate in the training programmes,
curriculum formulation, and development of syllabi, training
modules, and textbooks, to promote inclusive education in
classrooms.

Curriculum and Completion of Elementary Education:

Academic Authority
While laying down the curriculum and evaluation
procedure, the academic authority shall develop in-service
teacher training design [Rule 23 2(b) of RTE Rules, 2010].

Right to Education Act: Bill Introduced in Lok Sabha

to Amend Elementary Teachers Qualifications

Date: 10 April, 2017

New Delhi: The government today introduced in the Lok

Sabha, a bill seeking to amend the Right to Education
Act to allow elementary teachers time till 2019 to acquire
minimum qualifications as mandated under the 2010
law. As per the existing Act which came into effect from
1 April, 2010, these teachers were to acquire minimum
qualifications within five years by 31 March, 2015. To
bring in the required changes, HRD Minister Prakash
Javadekar introduced the ‘The Right of Children to Free
and Compulsory Education (Amendment) Bill, 2017’.

The new bill has been brought as the state governments

were not able to continue the training process for in-service
untrained teachers.

Empowering Teachers 125

 Subsequently, the state governments had requested
for extending the period for “training untrained teachers
so as to enable them to initiate and complete the said
training process”, according to the Statement of Objects
and Reasons of the bill.

The ministry has brought in the bill to insert a

new provision in the Act — which provides for free and
compulsory education to all children of 6 to 14 years of age.

Under the new provision, “every teacher appointed or

in position as on 31 March, 2015, who does not possess
minimum qualifications, shall acquire such minimum
qualifications within a period of four years on and from
the date of commencement of the proposed legislation.”

The expenditure related to training of untrained

teachers would come from the approved allocation under
Sarva Shiksha Abhiyan programme. The amount would be
shared between the Centre and the states concerned.
[Source: [Link]
act-bill-introduced-in-lok-sabha-to-amend-elementary-teachers-
qualification-1679635]

3. What are the duties of the teachers, as per the

RTE Act, for creating appropriate conditions of
learning and promoting the best interests
of all children?
Ans. The RTE Act recognises the multifaceted role
of teachers in creating appropriate conditions
of learning for all children. It requires the
teachers to be regular, punctual, and complete
the curriculum within a specified time. In
addition, they are required to assess the learning
ability of every child, by maintaining a pupil
cumulative record and supplementing additional
instructions, if required.

126 Educational Rights of Children with Special Needs — FAQs

 The teachers are also entrusted with the duties
listed below, for promoting the best interests of all
children, including those from disadvantaged groups
and weaker sections:
●● regular meetings with parents to discuss the
attendance, learning abilities, progress made in
academic subjects, participation in co-curricular
activities, and any other issue concerning the
safety and security of the child;
●● participate in training programmes;
●● participate in formulation of curricular and development of
syllabi, training modules, and textbooks development; and
●● perform other school duties that may be specified from time
to time.

Responsibilities of School and Teachers

Duties of Teachers and Redressal of Grievances (Section 24 of

the RTE Act, 2009):

1. A teacher shall perform the following duties, namely:

(a) maintain regularity and punctuality in attending
school;
(b) conduct and complete the curriculum;
(c) complete the entire curriculum within the specified
time;
(d) assess the learning ability of each child and accordingly
supplement additional instructions, if any, as required;
(e) hold regular meetings with the parents and guardians
and apprise them of the child’s regularity in attendance,
ability to learn, progress made in learning, and any
other relevant information about the child; and
(f) perform such other duties as maybe prescribed.

2. A teacher committing default in performance of duties

shall be liable to disciplinary action under the service rules

Empowering Teachers 127

 applicable to her or him provided that before taking such
disciplinary action, reasonable opportunity of being heard
shall be afforded to such teacher.

3. The grievances, if any, of the teacher shall be redressed in

such manner as maybe prescribed.

Duties Performed by Teachers

Rule 21 of RTE Rules, 2010
(1) The teacher shall maintain a file containing the cumulative
record of every child. It shall be the basis for awarding the
certificate for completion of elementary education.
(2) A teacher [in addition to the functions specified in Clauses
(a) to (e) of Sub-section (1) of Section 24 of the RTE Act,
2009 (refer to the next question)] may perform the following
duties:
(a) participate in training programmes; and
(b) participate in curriculum formulation, and development
of syllabi, training modules, and textbook development.

4. How does the RTE Act ensure that teachers perform

their duties appropriately?
Ans. The RTE Act encourages teachers to perform their duties
optimally in the school; and prohibits them from engaging in
private tutoring, any work of non-academic nature, except for
duties related to elections, decennial census, or disaster relief.
The RTE Act gives a reasonable opportunity to all teachers to
be heard regarding inappropriate performance of their duties.
If, the reasons provided are found unsatisfactory, disciplinary
action shall be taken against the teacher.

Responsibilities of School and Teachers

1. Prohibition of Deployment of Teachers for Non-Educational

Purposes — No teacher shall be deployed for any

128 Educational Rights of Children with Special Needs — FAQs

 non-educational purposes other than the decennial
population census, disaster relief duties or duties relating to
elections to the local authority or the State Legislatures or
Parliament, as the case may be (Section 27 of RTE Act, 2009).

2. Prohibition of Private Tuition by Teachers — No teacher shall

engage herself or himself in private tuition or private teaching
activity (Section 28 of RTE Act, 2009).

3. Duties of Teachers and Redressal of Grievances — A teacher

committing default in performance of duties specified in Sub-
section (1), shall be liable to disciplinary action under the
Service Rules applicable to her or him: Provided that before
taking such disciplinary action, reasonable opportunity of
being heard shall be afforded to such a teacher [Section 24
(2) of RTE Act].

Ms Minz and Ms Bhalla Address their Grievances

“There was chaos and disorder in the school and hence, classes could
not take place. In distress, I told our principal that our school looks
no less than a fish market,” narrated Ms Minz. “The principal was
confused about how to resolve the indiscipline. He started issuing
memos and explanation letters to teachers. Once a teacher got delayed

Empowering Teachers 129

 in reaching her class, as she was trying to resolve a fight between the
students; and the principal sent a letter seeking explanation for late
reporting for duty. This made us feel scared. It also created a lot of
undue pressure on the staff members. The teachers then consulted
the SMC members, who suggested that they seek a meeting with the
principal. The matter was discussed with everyone present, and the
principal was made to realise that in order for the school to function
properly, the school administration cannot neglect the concerns of
the teachers. With the new laws for addressing teachers’ grievances
in force and the help of the SMC members, the matter was resolved
within a fortnight.”

5. How will the grievances (if any) of the teachers be

redressed?
Ans. The Act makes provisions for teachers to redress their
grievances in a four-step method. A teacher can initially
submit a written complaint to the SMC. Provided the issue
is not related to any disciplinary action taken against the
teacher, they can if they are not satisfied with the response or
if the concerned authorities do not reply within the stipulated
time; they can take up the issue with the Block Level Redressal
Committee. Further up, there is the District Level Redressal
Committee and the State Level Redressal Committee, to whom
the teacher can address their complaints. Cases of sexual
harassment will be given priority.

Section 21A of RTE Rules, 2010

Grievance Redressal Mechanism for Teachers
(1) School Level Grievance Redressal Committee
(a) The School Management Committee (hereinafter referred to
as the SMC) shall be the first level of grievance redressal at
the school level. Any teacher of a school established, owned
or controlled by the appropriate government may submit
her or his grievance in writing to the Convener or Member-
Secretary of the SMC.

130 Educational Rights of Children with Special Needs — FAQs

 (b) The SMC shall examine the grievance in the first instance and
redress it within fifteen days from the date of receipt of the
written representation from the teacher.
(c) In case of non-receipt of response or unsatisfactory response
from the Convener or Member-Secretary of the SMC, the
teacher shall be free to represent her or his case to the Block
Level Grievance Redressal Committee.
(2) Block Level Grievance Redressal Committee
(a) For redressal of the grievances of teachers in the schools
established or controlled by the appropriate government,
there shall be a Block Level Grievance Redressal Committee
consisting of Block Development Officer as Chairperson and
Block Education Officer as Convener or Member-Secretary.
(b) The Committee shall redress the grievances within thirty days.
(c) In case of non-receipt of response from the Committee, the
teacher shall be free to represent her or his case to the District
Level Grievance Redressal Committee.
(d) In Union Territories, where there is no block level, other options
may be considered such as Taluka or Panchayat or Ward or
Island level.
(e) The Block Level Committee shall meet as per the requirement
but at least once every three months.
(3) District Level Grievance Redressal Committee
(a) There shall be a District Level Grievance Redressal Committee
for teachers consisting of the District Collector as Chairman,
senior representatives from the Zila Parishad or Municipal
Council and District Education Officer. The District Education
Officer shall be the Convener or Member-Secretary of the
Committee.
(b) The District Level Committee shall redress the grievances within
a period of three months.
(c) In case the teacher is not satisfied with the recommendations
of the District Level Grievance Redressal Committee, she/he
may prefer an appeal to the State Level Grievance Redressal
Committee.

Empowering Teachers 131

 (d) The District Level Committee shall meet as per the requirement
but at least once every three months.
(4) State Level Grievance Redressal Committee
(a) A Committee shall be constituted under the chairmanship
of Director (Elementary Education) and consisting of two
members as may be nominated by Secretary, Education of the
appropriate government. The State Level Grievance Redressal
Committee shall meet as per the requirement but at least once
every six months.
(b) The Committee, shall after enquiry, as it deems fit, redress the
grievance within a period of ninety days.
(5) No service matters, orders of suspension from service and penalties
under disciplinary proceedings initiated by the Education Department
or the School Management shall be taken up by the Committee.
(6) Complaints relating to harassment of women teachers shall be
accorded priority and shall be redressed without delay in compliance
with the guidelines issued by the Supreme Court on prevention of
sexual harassments at the work place.
(7) Management of schools referred to under Sub-clauses (iii) and
(iv) of Clause (n) of Section 2 shall provide adequate mechanism for
redressal of grievances of teachers.

132 Educational Rights of Children with Special Needs — FAQs

6. Why is the Pupil:Teacher Ratio prescribed in the RTE
Act?
Ans. The Pupil:Teacher Ratio has been specified by the RTE Act, in
order to help the teachers perform their duties in an effective
manner. For Classes I–V, two teachers shall be appointed, if
the number of children admitted is up to 60. Thus, the Pupil:
Teacher Ratio of 1:30 shall be adhered to, in the schools.
For Classes VI–VIII, at least one teacher shall be appointed
for every 35 children. It is believed that this will also help
teachers promote diversity among children and in classrooms,
especially for children belonging to disadvantaged groups and
weaker sections of society.

For Classes VI–VIII, at least one teacher shall be appointed for every 35 children.

Empowering Teachers 133

 For Classes I–V, two teachers shall be appointed if the number of children
admitted is up to 60.

Responsibilities of School and Teachers

●● Norms and Standards for a School (Section 19 of RTE Act, 2009)
●● Pupil: Teacher Ratio (Section 25 of RTE Act, 2009)

Item Norms and Standards

Admitted Children Number of Teachers

(a) For Classes Up to sixty (60) Two

I to V
Between 61 and 90 Three

Between 91 and 120 Four

134 Educational Rights of Children with Special Needs — FAQs

 Item Norms and Standards

Admitted Children Number of Teachers

Between 120 and 200 Five

Above 150 children 5+1 head-teacher

(b) For (1) At least one teacher per class so that there
Classes shall be at least one teacher each for:
VI to VIII i. Science and Mathematics
ii. Social Studies
iii. Languages
(2) At least one teacher for every thirty-five
children
(3) Where admission of children is above one
hundred:
i. A full time head-teacher
ii. Part-time instructor for
●● Art Education
●● Health and Physical Education
●● Work Education

Small schools told to prune intake

Date: 10 August, 2017
Chennai: ...According to the directives issued, a classroom should
have 10 sq feet of space per student and 40 sq feet space for the
teacher. Matriculation inspectors have also been asked to keep
checking whether these norms are being followed.
“In a phased manner, the number of students should be brought
down to adhere to the current norms. In the next few years, the schools
which do not have enough space, should not start any additional

Empowering Teachers 135

 sections or classes, as well without the available infrastructure”, it
stated. The schools have also been instructed to procure and submit
the building permit, stability certificate, and a fire safety certificate;
they have also been asked to get the campus inspected by a health
inspector, when they apply for recognition. A written undertaking will
also be procured from the correspondents of schools so that they do
not shift students between branches of their institutions without their
consent.
In 2016, the High Court had directed the State Government to
include educational experts in a committee constituted to finalise
norms relating to the minimum land requirement for over 746
unrecognised schools in the State.
[Source: [Link]
to-prune-intake/[Link]]

7. How should schools ensure adequate teaching staff

according to the RTE Act?
Ans. It is the responsibility of the appointing authority of the
government or private aided schools, to ensure adequate
teaching staff in the schools, under its control. Every school
has a sanctioned strength of teachers. Vacancy of teachers
should not exceed 10 per cent of the sanctioned strength. This
will ensure that the States take steps to fill up the existing
teacher vacancies and also, rationalise deployment of teachers
in schools to remove urban-rural imbalances. Further, this
provision is to ensure adequate teaching staff for carrying out
effective teaching-learning processes for meeting the needs
of all children, including those belonging to disadvantaged
groups and weaker sections of society.

Teacher Vacancy (Section 26 of RTE Act, 2009)

The appointing authority, in relation to a school established,
owned, controlled or substantially financed by funds provided

136 Educational Rights of Children with Special Needs — FAQs

 directly or indirectly by the appropriate government or by a
local authority, shall ensure that the vacancy of teachers in
a school under its control shall not exceed 10 per cent of the
total sanctioned strength.

8. With regard to salary, allowances and conditions of

service of teachers in schools, what does the RTE Act
specify?
Ans. The RTE Act assigns the role to the appropriate government
or the local authority, for prescribing terms and conditions of
service, salary, and allowances for the teachers of the schools
managed by them. Each State has laid down State Rules and
issued notifications regarding the same.

Teachers: Service, Salary and Allowances

[Rule 20 (1) of RTE Rules, 2010]
The Central Government or the appropriate government or
the local authority, as the case may be, shall notify terms
and conditions of service, salary and allowances of teachers
of schools owned and managed by them in order to create a
professional and permanent cadre of teachers [Rule 20 (1) of
RTE Rules, 2010].

9. How are the teachers represented in the SMCs?

Ans. The teachers of a school shall elect some teachers amongst
themselves as representatives in the SMCs. One-third
members from amongst the teachers, from the school should
be elected as members of the School Management Committee
(SMC).

Empowering Teachers 137

 School Management Committee: Constitution
Section 21 (1) of RTE Act, 2009
A school shall constitute a School Management Committee
consisting of the elected representatives of the local authority,
parents or guardians of children admitted in such school and
teachers [Section 21 (1) of RTE Act, 2009]:

[Rule 3 [3 (b)] of RTE Rules, 2010]

One-third members from amongst the teachers from the school;
to be decided by the teachers of the school.

School’s Annual Day in Traditional Theme

The head-teacher and all other teachers were planning the annual day
and collectively decided to elect a teacher from the tribal community for
selecting the story, characters, costumes, and dialogues of the children
Annual Day

for the play. They agreed to give her all the requested support. The
teacher brought in many stories, sensitive cultural issues depicting the
different aspects of her community. The play was praised by parents,
other visitors, and members from the SMC community. Realising the
importance of knowing tribal culture, it was decided to elect her in
the SMC for sensitive handling of the issues of the majority of children
from the tribal communities in the school.

138 Educational Rights of Children with Special Needs — FAQs

 For more details, on minimum qualifications for a person to be
eligible for appointment as a school teacher, refer to:
Notification dated 23 August, 2010. NCTE laying down the minimum
qualifications for a person to be eligible for appointment as a school
teacher u/s 23 (1) of the RTE Act. Retrieved from: [Link]
in/sites/upload_files/mhrd/files/upload_document/d_0.pdf
Guidelines dated 11 February, 2010. Conducting Teacher Eligibility
Test (TET) under RTE Act. Retrieved from: [Link]
sites/upload_files/mhrd/files/upload_document/RTE_TET.pdf
Notification dated 29 July, 2011. Regarding amendment in
Notification of 23 August, 2010 on minimum teacher qualifications.
Retrieved from: [Link]
files/upload_document/[Link]

10. How does the RTE Act provide for the teachers
appointed before the RTE Act and not possessing the
essential minimum qualifications?
Ans. According to the RTE Act, all teachers who did not possess the
minimum qualifications (laid down by the academic authority)
had to acquire such qualifications within a period of 5 years
from the commencement of the Act, that is, 31 March, 2015.
The responsibility to enable such teachers to acquire the
minimum qualifications, lay on the appropriate government
for the teachers of government schools whereas for a teacher of
private or specified category schools, the same responsibility lay
on the management of the school. Under the RTE (Amendment)
Act, 2017, dated 9 August, 2017, teachers who did not possess
the minimum qualifications as on 31 March, 2015, had to
acquire the minimum qualifications within a period of four
years from that date, that is, by 31 March, 2019.

RTE (Amendment) Act, 2017, Section 23, Sub-section 2

Provided further that every teacher appointed or in position
as on the 31st March, 2015, who does not possess minimum
qualifications as laid down under Sub-section (1), shall acquire
such minimum qualifications within a period of four years from
the date of commencement of the Right of Children to Free and
Compulsory Education (Amendment) Act, 2017.

Empowering Teachers 139

 7
Chapter
Access to Curriculum

“Some of the brightest minds in the country can be

found on the last benches of the classroom.”
— A.P.J. Abdul Kalam

“Hey Zoya, have you seen the new primary level story
books called ‘Barkhaa: A Reading Series for All’ that have
arrived in our school library. The children seem to love
them! I saw Riya and Nancy reading them together, the
Access to Curriculum

other day. Riya doesn’t need separate books in Braille

anymore. These new books also have in-built flashcards.
Those will be very useful for Nancy and other children, to
practice their vocabulary. In these new books, the Braille
and text are provided on the same page. There are many
other features that facilitate reading and help children in
acquiring good reading habits. Isn’t it amazing, now all our
students can read together from one book? Such material
can go a long way to promote inclusion in our school.”

“My mother was surprised to hear that Vivek, who is

blind, plays cricket with us. I explained to her how this
has been made possible since we got a sound-ball. Vivek
just follows the sound of the sound-ball bowled at him
and hits it hard with his bat. He is such a fine player of
spin and even hits the ball for fours. There are frequent
balls hit for six runs, up in the sky as well from his bat.”
 The aim of this chapter is to:
)) provide suggestive guidelines for promoting child-centred curriculum and
evaluation procedures, with a focus on children with special needs.

)) emphasise the role of parents and teachers for promoting all-round

development of children.

)) highlight the concerns related to creating child-friendly school

environment for all children.

1. According to the RTE Act, who is responsible for laying

down curriculum and evaluation procedures for all
children?
Ans. At the Central level, the National
Council of Educational Research and
Training (NCERT) has been authorised
as the academic authority for laying
down the curriculum and evaluation
procedures and developing a framework for the national
curriculum.
The National Curriculum Framework (NCF,
National 2005), developed by NCERT in 2005, shall be
Curriculum followed till a new curriculum framework is
Framework prepared. SCERTs or other academic institutes
2005 of the States may adapt/adopt the curriculum
framework prepared at the Central level.

2. What does the RTE Act suggest regarding curriculum

and evaluation procedures for the promotion of
education of children belonging to disadvantaged
groups and weaker sections?
Ans. The RTE Act promotes the creation of a child-friendly
environment, child-centred curriculum and evaluation
procedures for all children, including those belonging to the
disadvantaged groups and weaker sections. The academic

Access to Curriculum 141

 authority, according to the RTE Act, 2009 [Section 29 (2)],
while laying down the child-centred curriculum and evaluation
procedure, shall take into consideration the following:

(a) conformity with the values enshrined in the Constitution;

(b) all-round development of the child;

(c) building up child’s knowledge, potential and talent;

(d) developing child’s physical and mental abilities to the

fullest extent;

(e) learning through activities, discovery and exploration,

in a child-friendly and child-centred manner;

(f) medium of instruction shall, as far as practicable, be in

the child’s mother tongue;

(g) making the child free of fear, trauma and anxiety, and
helping the child express her/his views freely; and

(h) comprehensive and continuous evaluation of the child’s

understanding and knowledge, and her or his ability to
apply the same.

Major features of child-friendly and child-centred curriculum

and evaluation are also elaborated in the National Policy on
Education (1986/92), NCF, 2005 and in some inputs for Draft
National Education Policy, 2016.

In exercise of the powers conferred by Sub-section (1) of Section

29 of the Right of Children to Free and Compulsory Education
Act, 2009, the Central Government hereby authorises the National
Council of Educational Research and Training, as the academic
authority, to lay down the curriculum and evaluation procedure
for elementary education, and to develop a framework of national
curriculum.

142 Educational Rights of Children with Special Needs — FAQs

 The Right of Children to Free and Compulsory Education (RTE)
Act, 2009, states that the Central Government shall develop a
framework on national curriculum with the help of an academic
authority specified under Section 29. It has been decided that
the NCF, 2005, shall be the national curriculum framework, till
such time as the Central Government decides to develop a new
framework.

For more details, refer to:

MHRD, RTE 2009. Child-Friendly and Child-Centred
Curriculum under Section 29 (2) of RTE Act, 2009.
Retrieved from: [Link]
mhrd/files/upload_document/RTE_Section_wise_rationale_
rev_0.pdf

Draft National Education Policy 2016.

Retrieved from: [Link]
mhrd/files/nep/Inputs_Draft_NEP_2016.pdf

Notification dated 31 August, 2010 regarding development of

a framework of national curriculum under section 7 of the
RTE Act.
Retrieved from: [Link]
mhrd/files/upload_document/b_0.pdf

3. How can the curriculum conform to the values

enshrined in the Constitution?
Ans. According to NCF 2005, the values that we cherish as a nation,
ought to be inculcated during the learning process of the child.
The Constitution of India guarantees equality to all citizens.
Therefore, the curriculum should keep the principle of equity
and inclusion at the forefront, proactively break stereotypes
and address issues related to gender, religion, caste, peace,
health, and the needs of children with disabilities.

Access to Curriculum 143

 Such a curriculum will help promote constitutional
values, such as:
●● justice — social, economic, and political;
●● liberty of thought and action; and
●● fraternity among all.

For more details, refer to:

NCERT. 2005. National Curriculum Framework, 2005. New
Delhi. Retrieved from: [Link]
links/pdf/framework/english/[Link]

4. How can a teacher or parent promote all-round

development of children, including those belonging to
disadvantaged groups and weaker sections?
Ans. Children develop receptive capabilities of learning, such
as reading, writing, or arithmetic skills in an all-round
manner. Quality education ought to ensure the child’s all-
round development of their potentials in physical, mental,
social, emotional, and spiritual aspects. For promoting all-
round development of every child, including those belonging
to disadvantaged groups and weaker sections of society, a
teacher or parent can:
●● help the child develop an understanding about their own
capabilities and potentialities, thereby empowering them to
utilise these potentialities for the betterment of the self and
society;
●● provide opportunities to the child to grow and develop in
different dimensions, and not just restrict themselves to
textbooks and the classroom;
●● provide equal opportunities to children belonging to the
disadvantaged groups and weaker sections of society;
●● plan the learning experiences in a way, that allows space
to children, to connect with their culture and context; and
●● make suitable adaptations in the physical surroundings
and the teaching methodologies, and respect ‘every’ child’s
style and pace of learning.

144 Educational Rights of Children with Special Needs — FAQs

5. What can be done for nurturing a child’s potential and
talent?
Ans. Every child can learn and all children, at some point of time,
may need support. This belief is endorsed in the NCF, 2005,
which, in addition, recognises that all children can construct
knowledge. For nurturing a child’s potential and talent:

●● Varied formal and informal experiences and knowledge that

children from diverse backgrounds bring into the classroom
needs to be utilised.

●● Enabling conditions ought to be created for every child,

which include allowing opportunities for free expression,
observation, discussion and critical thinking.

●● The teacher needs to be sensitive towards the learning needs

of all children, including children with special needs and
those coming from disadvantaged backgrounds of society.

●● Learning opportunities that help identify strengths and

potentials, nurture talent, build self-esteem and capacities
to face any challenge with courage and positivity should be
planned.

6. Can all children be helped to develop their physical and

mental abilities to the fullest extent?
Ans. Yes. All children can be provided
assistance and supported to
develop and enhance their physical
and mental abilities to their fullest
extent. These abilities need to be
developed with care, during early
childhood and through elementary
school years, as these are
significant periods of a child’s
development. All children,
including those belonging to
disadvantaged groups and
weaker sections of society, bring

Access to Curriculum 145

 with them a rich resource of knowledge and experiences
from their communities. Teaching and learning ought to help
realise children’s full potential by utilising the diversity of the
learning group. The strengths and weaknesses of children
with special needs should be identified for developing their
physical and mental abilities, to the fullest extent, along with
other children in the class.

7. How can teachers adopt a child-centred approach,

to engage all children in the teaching and learning
process?
Ans. All children are natural learners. They are actively engaged
in exploring and responding to the world around them from
birth. Child-centred teaching and learning process requires
the teachers to:

●● focus on children’s interest, requirements according to the

cultural and social context;

146 Educational Rights of Children with Special Needs — FAQs

 ●● shift from teacher-centred and
authoritative practices to participatory
and mutual learning environment;

●● create learner-centred classrooms where

more opportunities of peer interaction
and self-learning are provided;
●● allow the children to ask questions and
encourage them to relate what they are
learning in schools to life outside school;
●● encourage children to respond in
their own words and from their
own experiences, rather than
simply memorising, giving right
answers by rote, and restricting
learning to the textbook and
examination questions;
●● encourage children to share rather than keeping silent out
of fear of being wrong; and

●● be aware of what children already understand, and what

they are ready for, and through well-chosen tasks and
questions assist them in realising their developmental
potential.

Access to Curriculum 147

 For more details on Questions four to seven, refer to:
NCERT, New Delhi. National Curriculum Framework, 2005.
Retrieved from: [Link]
pdf/framework/english/[Link]

8. How can an enabling learning environment be created

where the child is free from fear, trauma and anxiety,
and expresses their views freely?
Ans. Children require a healthy and supportive environment to
grow and develop. All children have a right to live in dignity,
and have access to education in an environment that is safe,
protective, and conducive to growth and development. The
school environment is associated with overall growth and
development, cognitive behaviour, and safety and security of
a child. Any kind of fear, trauma, or anxiety not only acts
as deterrent for learning, but are often the leading causes
of dropouts among all children, including those belonging to
disadvantaged groups and weaker sections of society.

The following aspects should be kept in mind while

creating an enabling environment where the child is free from
fear, trauma, and anxiety, and expresses their views freely:

●● Schools should be a welcoming place where all children

feel themselves being valued. They should provide an
environment that is inclusive and child-friendly.

●● The school environment should be such that each child

should feel that help would be available to them if they
approach the teachers.

●● Alternate teaching-learning approaches, that motivate the

students to think and reason according to their potential
and allow them to express their opinions, should be used.

●● Children should be encouraged to express their feelings

through art and other forms of expression.

●● Children should be protected from harm and abuse.

148 Educational Rights of Children with Special Needs — FAQs

 ●● No verbal, physical, or mental (abuse) or punishment should
be inflicted on the children.

●● Clear guidelines should be laid down for conduct between

teachers and students, and among students, so that no
bullying is allowed.

●● Avoid stigmatising and labelling of specific students, which

may create a sense of being helpless and instil feelings of
inferiority among children.

For more details on safety and security of children, refer to:

MHRD, RTE (Rules/Guidelines/Notifications)

¾¾ Guidelines dated 9 October, 2014 on Safety and

Security of Children. October 2014. Retrieved from:
[Link]
upload_document/20141014_131513.pdf
¾¾ Guidelines dated 26 October, 2012 on Clause(c),
Sections 8 and 9 of the RTE Act on prevention of
discrimination in school in respect of children belonging
to disadvantaged groups and weaker sections. Retrieved
from: [Link]
files/upload_document/40_0.pdf

9. Can quality education for all be achieved, when

education is packaged in a language that some learners
neither speak nor understand?
Ans. Barriers in elementary education due to language constraints
is a situation faced by many children, including those from
ethnic minorities, when they enter formal school systems. This
is because the language used in the school is often different
from the language they speak at home. Forcing children
to learn in a language they do not understand, creates an
educational handicap, that must not exist. Therefore, to
address this situation, the RTE Act emphasises providing

Access to Curriculum 149

teaching-learning in the child’s mother tongue, wherever
practically possible.

Children with speech and hearing difficulties, learn to use

alternative systems and symbols for communication. They
can be introduced to the standard sign languages, that can
support their continued growth to the fullest.

Sign Language using both hands

150 Educational Rights of Children with Special Needs — FAQs

 For more details on language, refer to:
National Curriculum Framework, 2005. Chapter 3, Curricular
Areas, School Stages and Assessment, p. 35. Retrieved from:
[Link]
english/[Link]

Article 350 A
Facilities for Instruction in Mother Tongue at the Primary Stage:
“It shall be the endeavour of every state and of every local authority
within the state to provide adequate facilities for instruction in
the mother tongue at the primary stage of education to children
belonging to linguistic minority groups; and the President may
issue such directions to any state as she/he considers necessary
or proper for securing the provision of such facilities.”
[Source: MHRD, Constitutional Provisions. Retrieved from: [Link]
[Link]/article-350a]

10. Can children with special needs access all the aspects
of the curriculum?
Ans. Children with special needs may require some curricular
modifications, that will help them in accessing the learning
materials and participating in the teaching-learning process.

Some of the following alternatives can be used with respect

to content, teaching-learning materials, students’ responses,
and methods of assessment:

●● modification; for example, computer responses instead of

oral responses;

●● substitution; for example, Braille for written materials;

●● omission; for example, omitting very complex work for

children with intellectual disabilities; and

●● compensation; for example, self-care skills, vocational

skills.

[Source: Johnson, T. 1993. Toward an Inclusive School. Geneva: UNDP].

Access to Curriculum 151

For more, on modification in curriculum for inclusive
classrooms, refer to:
Johnson, T. 1993. Toward an Inclusive School. Geneva: UNDP.
Julka, Anita. 2007. Meeting Special Needs in Schools: A Manual.
New Delhi: NCERT.

152 Educational Rights of Children with Special Needs — FAQs

11. How can a teacher provide reasonable accommodation
and support to children with special needs?
Ans. A teacher can provide reasonable accommodation and support
by making small changes, modifications, adjustments,
at the individual level, so that children with special needs
can participate optimally according to their potential in
the teaching-learning process. Any laxity in providing
such accommodations can amount to
discrimination.

For example, children with visual

impairments, access to books, and reading
material can be ensured by:

1. providing books and reading

material in Braille;

2. making audio copies of books and/

or reading materials;

3. making available a digital

copy of the books and
reading material for students
who can use computers;

4. providing a large-print copy

of the books and/ or reading
material for children with
low vision. The print size can
be determined as per the
individual needs of the child;

Access to Curriculum 153

 5. allowing the use of magnifiers
for children with low vision;

6. maintaining a small resource room with all the necessary

equipment such as Braille slates and stylus, Brailler,
typewriter, felt pens/black sketch pens, tape recorders, CD
players, computer with ‘Jaws’ software for English and ‘Safa’
for Hindi, and coloured monitors for low-vision students; and

7. allowing the use of blackboards for classroom work for

students with low vision.

12. The RTE Act highlights the need for preparing inclusive
learning material. Is there an example of such learning
material for the early years?
Ans. Through its provisions of free and compulsory education,
neighbourhood schools, reservation for children from
disadvantaged groups and weaker sections, and children with
special needs, the RTE Act advocates for an inclusive system
of school education with a diverse group children. One of the
key characteristics of inclusive education, is the provision
of a curriculum with teaching-learning materials, that are
appropriate for each child and focus on the unique learning
needs, characteristics, interests, and strengths of children at
different developmental levels. While there is no established
ideal method of developing appropriate learning material
for inclusive settings, the need is to approach the task with
sensitivity and considerateness. As part of its objectives to
produce textbooks, supplementary material, multimedia digital
material and the like, the National Council for Educational
Research and Training (NCERT) has attempted to bring this

154 Educational Rights of Children with Special Needs — FAQs

 sensitivity and considerateness into an exemplary inclusive
learning material.

‘Barkhaa: A Reading Series for All’ focuses on promoting

and scaffolding early reading among all children in an inclusive
setting. This reading series is an adaptation of NCERT’s
original Barkhaa Series. The uniqueness of ‘Barkhaa: A
Reading Series for All’ lies in the fact that its design in print
and digital forms is based on the concept of Universal Design,
for Learning (UDL). UDL finds its roots in the architectural
concept of Universal Design, wherein structural designs allow
for greater accessibility for numerous individuals across
a diverse range of needs. In inclusive classrooms, UDL is a
systematic and flexible approach to designing and adapting
learning activities and materials, by customising and making
adjustments for individual needs while keeping the material
meaningfully functional for all. With this, the core objective
is to respect original materials, diverse learning needs, and
facilitate access of each child to the learning material.

The UDL-based adaptations in ‘Barkhaa: A Reading Series

for All’ are a result of analyses of workshops and consultations,
with the aim of aiding children of varying needs, at the early
reading stage. Some of the salient adaptations are:
●● text print and Braille on the same page;
●● embossed invisible Braille with a longer shelf life;
●● tactile illustrations with high resolution colour;
●● picture window flashcards to reinforce difficult words;
●● green and red dots to indicate beginning and end of
sentences;
●● arrows to indicate page turning;
●● thick and high quality pages with page gradation for easy
page turning; and
●● wiro-binding to bypass use of staples and to allow books to
open flat for Braille reading.

Additionally, a note for teachers and parents (in Hindi and

English), accompanying each of the 40 storybooks, helps in

Access to Curriculum 155

 the facilitation of early reading in the classroom and at home.
This note also includes a short introduction to each story,
which is meant to raise curiosity, clarify certain concepts,
and motivate the children to read. Parents and teachers are
expected to read this introduction aloud to the children.

All these features are retained in the digital version,

which is accompanied by a ‘How to use’ section. In addition,
the introductory note for each book is incorporated in the
audio-video format. The audio-video note is also available
in sign language. The digital version can be accessed from
the NCERT website and NCERT’s e-pathshala on computers,
mobile phones, laptops, and tablets.

These small adaptations in the existing learning materials,

without changing the essence of the original material, are a
leap into the future, for preparing inclusive learning material.
They provide guidelines for the future and lead to a foundation
for inclusive schooling that embraces differences and leaves
no child behind.

Photo credit: Richa

Photo credit: Richa

Shrivastava
Shrivastava

There are flash-cards on the In a single illustration from one of the

page with tactile illustrations for stories, Chupan Chupai, or Hide and Seek,
difficult words or where an object each of the three main characters has a
is illustrated in a way a blind different tactile texture for hair. Jeet (left)
child will not understand. has dots, Babli (middle) has diagonal stripes
and Naziya (right) has vertical stripes.

The advanced-level books in

the series have Braille dots over
Puneet Arora
Photo credit:

the regular text. The use of

transparent Poly-Braille allows
sighted children to read through
the dots that are also durable
and do not discolour easily.

156 Educational Rights of Children with Special Needs — FAQs

13. Are there any guidelines in the RTE Act for promoting
child-centred curriculum and evaluation procedures?
Ans. Yes. Guidelines have been issued for the implementation of
child-centred curriculum and evaluation procedures. The
following guidelines are issued for the academic authority to
implement the provisions of Section 29 of the RTE Act.

(a) Formulate age-appropriate curricula and syllabi in

keeping with NCF, 2005.
The curriculum and syllabus document, should be,
an explicit document indicating the goals and aims of
education. This should address questions, such as,
what is worth teaching, how much should be taught
in a particular class, and in what sequence, with what
methods and materials, the linkages across different
aspects of knowledge, how teachers should be prepared,
and children’s learning assessed, and how schools should
be monitored.

The curricula and syllabi should be prepared from

Class I upwards, based on what is age-appropriate for
children.

(b) Maintain subject balance

While developing the curriculum and syllabus, it will
be important to rationalise the number of subjects and
textbooks at the primary and upper primary levels, such
that there is no additional curriculum load on children.
There is also a need to integrate and align various learning
materials such as textbooks, workbooks, worksheets,
supplementary materials, etc., in order to reduce
unnecessary burden on the teacher and child, bring in
cohesiveness and reduce overlaps.

(c) Initiate textbook contents reform

The academic authority notified by the appropriate
government under Section 29(1) of RTE Act for developing
curriculum and evaluation procedures, is also responsible

Access to Curriculum 157

 for textbook development. Textbooks must reflect the
principles of child-centred pedagogy as enunciated in:

(i) Section 29(2) of RTE Act (e) — learning through

activities, discovery and exploration in a
child-friendly and child-centred manner;

(ii) Section 29(2) of RTE Act (g) — making the child free
of fear, trauma, and anxiety and helping the child
express views freely. Textbook developers should
design books, such that, they provide interactive

opportunities for group activities with continuous

self and peer assessment. The textbooks should
keep the principle of equity and inclusion at the
forefront; and proactively break stereotypes to reflect
sensitivity to gender and caste, peace, health, and
the needs of differently-abled children.

(d) Textbook language

Extensive research points to the fact, that in a multilingual
country like India, the child’s ‘home’ language is often
different from the ‘standard’ language in textbooks.
This often imposes enormous learning burden on the
child, and is perhaps one of the chief reasons of low
achievement in school subjects. The difference between
the ‘home’ language and ‘textbook’ language, not only

158 Educational Rights of Children with Special Needs — FAQs

 affects the language-learning in school, but also affects
the learning of subjects like Mathematics, Environmental
Studies, etc., because these subjects also need a language
for transaction. This is why, the RTE Act, 2009 [Section
29 (2) (f)], stipulates that the mother tongue should be
used as far as practicable. Thus, efforts to incorporate
well known methods, of bridging between the child’s
‘home’ language with the ‘standard’ classroom language
need to be given utmost attention.

(e) Undertake textbook production reform

Textbook production, encompassing the layout and
design, text and cover, paper size and specifications, ink,
printing and binding, etc., have significant implications
for quality. There should be adequate focus on good
quality printing and visual design of the books, alongside
improvement in content.

For more details, refer to:

The Advisory dated 31 January, 2012 on Implementation of
the Provisions of Section 29 of the Right of Children to Free
and Compulsory Education (RTE) Act, 2009.
Retrieved from: [Link]
mhrd/files/upload_document/[Link]

Drop in Educational Standards after the Right to

Education Act: TSR Subramanian
Date: 26 October, 2016
New Delhi: Unimpressed by the highly regarded Right to
Education Act (RTE), former Cabinet Secretary Shri TSR
Subramanian, said that, India has witnessed as much as “25
per cent drop in standards of education” after RTE.
RTE has done enormous good but there are evident gaps.
One is ‘quality.’ RTE talks of the infrastructure quality, however
it requires tremendous attention and detailing.

Access to Curriculum 159

 “But, for me, even more disturbing thing is that between
2010 and 2014, the year RTE came in, there is a clear
25 per cent drop in the standards of education”, Shri
Subramanian said.
While speaking at a panel discussion, which focused on
emerging issues around the safe and secure education of
children, especially girls, he said, giving quality educational
environment should be absolutely “non-negotiable.” He further
asserted, “We need a non-negotiable educational environment,
I am not sure that this thought permeates within our policy
makers in India today. Learning is as natural for a child as
eating and breathing.”
...During the discussion, Shri Subramanian also pointed
out the ‘catastrophic’ numbers from ASER’s Report of 2014 and
said, “It draws ‘disturbing conclusions’ from the educational
system in the country.”
“ASER’s Report of 2014 has some very disturbing
conclusions. 50 per cent children in Class V are not familiar
with Class II study material. Beyond recognising alphabets,
they haven’t gone further”, Shri Subramanian highlighted.
...“We have failed to understand that one illness in a family
and a child can lose whole year of education. There is no
formal recognition of students from deprived communities and
economic backgrounds.”
The panel deliberated on various challenges faced by the
children in different schools—sexual harassment faced by girls
on the way to school and home, girls refusing to use washrooms
in schools, due to the lack of privacy and fear of being teased.
[Source: [Link]
standards-after-right-to-education-act-tsr-subramanian-1479370]

14. According to the RTE Act, how shall the learning of

every child be assessed?
Ans. The RTE (Amendment) Rules, 2017, in Rule 23, Sub-rule (2),
Clauses (c) and (d) provide for Continuous and Comprehensive
Evaluation (CCE) of every chid, to achieve defined learning

160 Educational Rights of Children with Special Needs — FAQs

 outcomes. The Act also makes provision for the preparation of
class-wise, subject-wise learning outcomes for all elementary
classes. The objective behind class-wise and subject-wise
learning outcomes, is to provide teachers with a set of criteria
to direct their teaching-learning best practices, to monitor
the learning levels and improvements required, and to make
the different stakeholders responsible and alert towards their
roles in ensuring quality education.

The RTE Act provides for Continuous and Comprehensive

Evaluation (CCE) of every child, which implies continuous
assessment rather than no assessment. Assessment should
be treated as an integral part of teaching and learning, and
involve methods such as preparing profiles of each child,
including engagement pattern, observations in general in
the classroom during group-work and individual activity,
understanding the child’s written work or work assigned
by the teacher, and an anecdotal record. CCE implemented
in this manner, from the child’s perspective, will bring out
the best in every child, rather than pressurising the child
to compete and outperform in every aspect of learning, and
show what progress the child has made with respect to their
own performance over time.

Akriti’s Reflections
Diary entry by a little girl: till the age of
10, I loved writing poetry, observing little
insects and birds, but these interests
were never ever recognised, let alone
appreciated by my teachers. All they cared
for, were marks, which I did not score
at that time. Those who managed to get
marks were recognised by the teachers
and the school gave them opportunities to
participate in functions and competitions.
They became popular and we were just a
part of the crowd.

Access to Curriculum 161

 For more on learning outcomes, refer to:
NCERT. 2017. Learning Levels at the Elementary Stage.

RTE (Amendment) Act, 2017

Comprehensive Evaluation and Learning Outcomes
In the Right of Children to Free and Compulsory Education Rules,
2010, in Part VII relating to Curriculum and Completion of Elementary
Education, in Rule 23, Sub-rule (2), for Clause (c), the following clauses
shall be substituted, namely:
“(c) prepare class-wise, subject-wise learning outcomes for all
elementary classes; and
(d) prepare guidelines for putting into practice continuous and
comprehensive evaluation, to achieve the defined learning
outcomes.”

Quality Education under RTE Act

Date: 20 July, 2017
Delhi: The Right of Children to Free and Compulsory
Education (RTE) Act, 2009 lays down the duties of the
appropriate government and the local authority to ensure
that good quality elementary education, conforming to
norms and standards, is provided, curriculum and courses
of study are prescribed in a timely manner, and teachers
are trained. In order to focus on quality education, the
Central RTE Rules have been amended on 20 February,
2017, to include reference on class-wise, subject-wise
Learning Outcomes. The Learning Outcomes for each class
in Languages (Hindi, English, and Urdu), Mathematics,
Environmental Studies, Science, and Social Science up to
the elementary stage have, accordingly, been finalised and
shared with all States and UTs. These would serve as a
guideline for the States and UTs, to ensure that all children
acquire an appropriate learning level.

162 Educational Rights of Children with Special Needs — FAQs

 Under the Centrally Sponsored Scheme of Sarva Shiskha
Abhiyan (SSA), the State Governments and UT Administrations,
are supported on several interventions to improve teaching
standards, including regular in-service teachers’ training,
induction training for newly recruited teachers, training of
all untrained teachers to acquire professional qualifications
through Open Distance Learning (ODL) mode, recruitment of
additional teachers for improving pupil:teacher ratios, academic
support for teachers through block and cluster resource centres,
continuous and comprehensive evaluation system, to equip the
teacher to measure pupil performance and provide remedial
action wherever required, and teacher and school grants for the
development of appropriate teaching-learning materials, etc.
Additionally, the Central Government supports States and
UTs on early grade reading, writing and comprehension, and
early Mathematics programmes, through a sub-programme of
SSA namely Padhe Bharat Badhe Bharat (PBBB) in Classes I and
II. Further, the Government has launched Rashtriya Aavishkar
Abhiyan (RAA) programme on 9 July, 2015, inter alia, as a sub-
component of Sarva Shiksha Abhiyan and Rashtriya Madhyamik
Shiksha Abhiyan (RMSA), to motivate and engage children, of
the age group from 6–18 years in Science, Mathematics and
Technology through observation, experimentation, inference,
drawing, model building, etc., both through inside and outside
classroom activities.
[Source: [Link]
release/quality-education-under-rte-act-117072000835_1.htmlpdf]

Lalit’s Reality
Lalit’s current class teacher explains,
“Lalit is in Class VI and is fond of
studies but is still struggling with
reading and writing. He lives in Delhi
but goes off to his village during the
sowing and harvesting seasons. Due
to the frequent interruptions, he finds
it difficult to cope with the school
schedule. Some teachers suspect that
he may be a slow learner. Lalit is not
happy being labelled a slow learner.”

Access to Curriculum 163

Activity-Based Learning (ABL)—An Example of CCE
Activity-Based Learning (ABL) methodology is practised in schools
in Tamil Nadu, and piloted in several States, including Madhya
Pradesh, Rajasthan, etc.
Central to ABL is the ‘learning ladder’ with a series of activity
cards. Assessment is built into the ‘learning ladder’ in the form of
activity cards. When a child finishes with a set of activity cards,
including the assessment cards, they complete a ‘milestone’ on the
ladder, and can move to the next level. Every milestone involves
completing several activities, including games, rhymes, drawings,
and songs. There are no exams, but a student can move to the next
level, only after attaining proficiency in the previous one. Thus,
assessment is in-built into the teaching-learning process, and is
recorded on an assessment chart for each child at their own pace
of learning.
Apart from the ABL methodology, there are other CCE
techniques which provide for an appropriate assessment profile
for the child. These include, engagement pattern of the child;
observations in general; observation in classroom during group-
work and individual activity; understanding the child’s written
work assigned by the teacher; and an anecdotal record.

Evaluation of Activity-Based Learning as a means of Child-

Friendly Education—Final Report
Retrieved from: [Link]
EI-UNICEF_Evaluation_of_ABL_as_a_means_of_child-friendly_
education-Final_Report_India_2015-[Link]

164 Educational Rights of Children with Special Needs — FAQs

15. How can the evaluation procedures be modified, to
meet the requirements of children with special needs?
Ans. For blind students and low-vision students, access to question
papers (during exams) can be ensured by:

●● providing the question paper in the Braille script.

●● reading out the question paper without giving any

clarification or explanation.

●● making an audio copy of the question paper on a cassette,

provided a cassette player is available.

●● making available a digital copy of the question paper for

students who use computers.

●● providing a large-print copy of the question paper for students

with low vision. The print size needs to be determined as per
the individual needs of the child.

●● by allowing the use of magnifiers and other assistive devices.

●● children with cerebral palsy can use a computer either with

a regular keyboard or with the help of a specially designed
switch. There are a wide variety of switches available.
Information regarding these can be obtained from Action
for Ability Development and Inclusion (AADI), Delhi and
Vidyasagar, Chennai.

●● schools and teachers can arrange for the services of a sign

language interpreter to facilitate communication between
hearing impaired students and the evaluators.

●● children who have hearing impairments should be asked

questions in their preferred language during practical work.

●● blackboard, overhead projectors or LCD can be used by

teachers to write questions. Otherwise, for the purpose
of clarity, a spoken question can be supplemented with a
handwritten one.

A minimum level of accessibility to the examination

centre, can be ensured by providing ramps as an alternative
to steps and/or lifts, wide doors, large toilets with wide doors

Access to Curriculum 165

 for wheelchair movement, drinking water within reach,
and expanded space in the examination area for keeping
crutches, walkers, etc.

Reading stand Pencil grip

25

Magnifying glass Hearing aids Talking calculator

Sign language Large keyboard

16. According to the RTE Act, how will children be certified

on completion of elementary education?
Ans. Every child completing elementary education shall be awarded
a certificate in such form and the prescribed format under
the State Rules [Section 30(2) of RTE Act, 2009].
According to the RTE Act, 2010, the certificate will
include the Pupil Cumulative Record of the child, which will
contain the talents and abilities of the child beyond school
subjects. The implication is that such a cumulative record,
spanning eight years of the elementary stage, shall be kept for
each child, and teachers shall be facilitated through
training and other means, to fulfil this task [Rule 24(2) of
RTE Rules, 2010].

166 Educational Rights of Children with Special Needs — FAQs

 The schools shall:

(a) issue the certificate of completion of elementary education,

within thirty days from the last working day of the academic
year.

(b) return original documents and/or certificates of children in

their possession after completion of elementary education,
within thirty days from the last working day of the academic
year.

(c) endeavour to process any request for transfer certificates

of any child, at the earliest and, in any event, within thirty
days from the date of such request to facilitate implementation
of Section 5 (Right to transfer to other school) of
RTE Act, 2009.

Certificate of Completion
Elementary Education
This is to certify that

Name : _____________
Class : _____________
Date : _____________
has successfully completed Class VIIIth

Gr eat Signature
J OB

Curriculum and Completion of Elementary Education

Examination and Completion Certificate [Section 30 (1) & (2)
of RTE Act, 2009]
(1) No child shall be required to pass any Board examination
till completion of elementary education.
(2) Every child completing her/his elementary education
shall be awarded a certificate, in such form and in such
manner, as may be prescribed.

Access to Curriculum 167

 Curriculum and Completion of Elementary Education
Award of certificate [Section 24 (1) & (2) RTE Rules, 2010]:
(1) The certificate of completion of elementary education shall
be issued at the school level within one month of the
completion of elementary education.
(2) The certificate referred shall contain the pupil cumulative
record of the child.

Some Inputs for Draft National Education Policy, 2016

4.3 Learning Outcomes in School Education
In order to address the poor learning outcomes in elementary
education, the following policy initiatives were suggested:
1. In addition to infrastructure norms specified in the RTE
Act, norms for learning outcomes will be developed and
applied uniformly to both private and government schools.
2. Within the parameters prescribed by the RTE Act,
States will have the flexibility to design and plan for the
infrastructure keeping in view the local conditions. Local
norms, appropriate for local conditions, will be evolved, if
necessary, through amendment in RTE Act, for ‘alternate
schools’ which offer educational interventions for specific
categories of very deprived and migrating children, and
those living in difficult circumstances.
3. The present provisions of ‘no-detention policy’ will be
amended, as it has seriously affected the academic
performance of students. [Note: In January 2019, the
Right of Children to Free and Compulsory Education
(Amendment) Act, 2019 was passed. This stated that “The
appropriate government may allow schools to hold back a
child in the fifth class or in the eighth class or in both
classes, in such manner and subject to such conditions as
maybe prescribed, if he fails in the re-examination.”]
4. Effective steps will be taken to improve teaching standards
in schools, create mechanisms for supporting children
through special academic support and providing access to
multiple sources of knowledge, including e-resources.

168 Educational Rights of Children with Special Needs — FAQs

17. According to the RTE Act, ‘no child admitted shall be
held back in any class or expelled from school till the
completion of elementary education.’ How does this
help children learn better?
Ans. In the initial RTE Act 2009, it was stated that “no child
admitted shall be held back in any class or expelled from
school till the completion of elementary education.” This meat
that children were carried over to the next grade without
taking into account their academic performance or learning
level. However, The Right of children to free and compulsory
Education (Amendment) Act, 2019 came into force on
1st March, 2019. This amended the no-detention policy and
stated the following:

1. There shall be a regular examination in the fifth class and

in the eighth class at the end of every academic year.

2. If a child fails in the examination referred to in sub-

section (1), he shall be given additional instruction and
granted opportunity for re-examination within a period of
two months from the date of declaraion of the result.

3. The appropriate Government may allow schools to hold

back a child in the fifth class or in the eighth class or
in both classes, in such manner and subject to such
conditions as may be prescribed, if he fails in the re-
examination referred to in sub-section (2), Provided that
the appropriate Government may decide not to hold back
a child in any class till the completion of elementary
education.

4. No child shall be expelled from a school till the completion

of elementary education. There is no educational research
at the school level supporting the argument that the
learning level of a child, who is labelled or expelled, shall
improve the next year. If at all, the social stigma of failure,
particularly for a child coming from a poor home, is more
likely to ensure that the failed child drops out from the

Access to Curriculum 169

 next year. Judging children harshly for being ‘weak’ or
‘dull’ may have a lot to do with the learning environment
of the school, the psychological and coping stress of the
child, rather than any innate deficiency in the child.
More often, failure and expulsion of the child hides the
deficiencies of the learning environment of the classroom.
The RTE Act attempts to prohibit this malpractice and
help all children learn better.

Responsibilities of Schools and Teachers

Prohibition of holding back and expulsion: No child admitted
in a school shall be expelled from a school till the completion
of elementary education. Held back in any class or expelled
from school till the completion of elementary education
(Section 16 of RTE Act, 2009).

For more details, refer to:

MHRD, GoI., An Act further to amend the Right of Children
to Free and Compulsory Education Act, 2009. Guidelines
for curbing malpractices in schools as per provisions of the
RTE Act, 2009. Retrieved from: [Link]
upload_files/mhrd/files/upload_document/rte_2019.
pdfhtp://[Link]/sites/upload_files/mhrd/files/
uplod_document/Guidelines%[Link]

170 Educational Rights of Children with Special Needs — FAQs

 8
Chapter

Protection of the
Rights of Children

“Being unwanted, unloved, uncared for, forgotten by

everybody, I think that is a much greater hunger, a much
greater poverty than the person who has nothing to eat.”
— Mother Teresa
Protection of the Rights of Children

“I was always the last one to be dropped by the school bus. But
since a couple of weeks ago, I had started dreading the journey
from school to home. The bus conductor had been nice to me
and would give things to eat everyday. But soon his closeness,
his tight grip on my hand, and his hard pats on my back made
me feel very uneasy. I shared this with my class teacher. The
conductor has now been replaced and a teacher also travels
with us. My class teacher spoke to my family, who have started
checking with me, regularly, about how I am feeling.”

“When I used to go to drink water, my classmates who come

from upper caste families, would tell me to move aside. They
would say, “If you drink first, then you will have to wash the
tap.” I avoided drinking water during school because of this.
I began to dread even going to school. One day, my principal
noticed that I would not drink water. He asked me and I shared
my embarrassment. He talked to my classmates and said, it is
each student’s responsibility to take care of their surrounding
and their classmates. We discussed it in the morning assembly
and in class, too. Since then, my classmates have become
friendlier towards me. Now, the teacher assigns every child
duties for keeping our classrooms and playground clean. Noone
singles me out when there is talk of cleaning.”

171
 The aim of this chapter is to:
)) Create awareness about the rights of all children, with special focus on
children, who are subjected to discrimination or denied their rights under
the RTE Act.
)) Inform the reader about the important authorities, responsible for
protection of child’s right to seek legal help.
)) Provide information related to appropriate functions of authorities
[School Management Committee (SMC), Local Authority, National/State
Commissions for Protection of Child Rights and Courts] for monitoring the
child’s right to education.

1. How does the RTE Act ensure that no child is subjected

to any form of discrimination or harassment in school?
Ans. The RTE Act makes it the responsibility of the appropriate
government and local authority to ensure that no child
is harassed or discriminated against, due to their family
background, or prevented from pursuing and completing
elementary education on any ground. The RTE Act also clearly

Duties of Appropriate Government and Local Authority

[Sections 8 (c) and 9 (c) of RTE Act, 2009]
The appropriate government and every local authority shall:
“Ensure that a child belonging to weaker sections
and a child belonging to disadvantaged group is not
discriminated against and prevented from pursuing and
completing elementary education on any ground.”

prohibits corporal punishment by stating that no child shall

be subjected to physical punishment or mental harassment
of any kind. Whoever contravenes the Act, shall be liable to
disciplinary action under the service rules, applicable to such
a person [Section 17 (1) of RTE Act, 2009]. The same emphasis
is also given in the Central RTE Rules (RTE Rules, 2010).

172 Educational Rights of Children with Special Needs — FAQs

 Responsibilities of Stakeholders for
the Protection of Child Rights
A 13-year-old girl child:
“The hooligans on the street, who used to whistle and
pass remarks, are now nowhere to be seen, after the SMC
members arranged rotational duties of the retired school
teachers and the army personnel to patrol the path from
home to school.”

Pledge by the Local Authority Representative

“We promise to bring every child to school and
ensure that no hindrance is caused due to their social
background and cultural factors.”

Area or limits of neighbourhood [Rule 6(8) of RTE Rules, 2010]:

“The appropriate government or the local authority shall
ensure that access of children to the school is not hindered
on account of social and cultural factors.”

A 10-year-old schoolboy:
“The calling of names like “dumb”, “stupid”, “lower caste”,
“disabled”, by my classmates from the upper-caste has
stopped. The SMC members and school teachers ensure
we eat our mid-day meals together and share duties to
look after our school. I see my classmates having lunch
with everyone, cleaning the playground and classrooms
when it is their turn.”

Pledge by the Government Representative

“We will ensure that no child is subjected to caste, class,
religious, or gender abuse in the school. We take a
pledge that we shall identify and eliminate the causes of
discrimination against all children.”

Protection of the Rights of Children 173

 Responsibilities of the Appropriate Government
and Local Authority
“The appropriate government or the local authority shall ensure
that no child is subjected to caste, class, religious or gender
abuse in the school.” [Rule 9(3) of RTE Rules, 2010]

“The appropriate government or the local authority shall ensure

that a child belonging to a weaker section and a child belonging to
disadvantaged group is not segregated or discriminated against
in the classroom, during mid-day meals, in the playgrounds, in
the use of common drinking water and toilet facilities, and in the
cleaning of toilets or classrooms.” [Rule 9(4) of RTE Rules, 2010]

A teacher:
“As a teacher, I am happy about the recent change that
has been introduced and teaching all children together in
an inclusive setting, giving them all equal opportunities
to learn, play, eat together, use the computers and go to
the library. Each child gets their textbooks on time and
they look good in their uniforms. I never liked the idea of
teaching children from disadvantaged groups and weaker
sections and children with special needs separately from
other children.”

Pledge by the School Management Committee

“We will take necessary steps to prevent any denial of
protection of the rights of children, brought to our notice
by the SMC. We pledge to protect all children from mental
and physical harassment. We will ensure that no child is
denied admission and that there is timely provision of the
free entitlements.”

174 Educational Rights of Children with Special Needs — FAQs

 School Management Committee
Composition and Functions of the School Management
Committee [Rule 3(6)(f) of RTE Rules, 2010]:
The said committee shall bring to the notice of the
local authority any deviation from the rights of the child, in
particular, mental and physical harassment of children, denial
of admission, and timely provision of free entitlements.

Responsibilities of Schools and Teachers

Admission of children belonging to disadvantaged groups and
weaker sections [Rule 11(1) & (2) of RTE Rules, 2010]:
1. The school shall ensure that children admitted belonging to
disadvantaged groups and weaker sections shall neither be
segregated from other children in the classrooms nor shall
the classes be held at places and timings different from the
classes held for the other children.
2. The school shall ensure that children in school, belonging
to disadvantaged groups and weaker sections shall not be
discriminated from the rest of the children in any manner
pertaining to entitlements and facilities such as textbooks,
uniforms, library and Information, Communication and
Technology (ICT) facilities, extra-curricular activities and
sports.

For more details, refer to:

Press Information Bureau. Guidelines for Prevention of
Discrimination in School with respect to Children Belonging to
Disadvantaged Groups and Weaker Sections. Retrieved from:
[Link]

Save our Children: Let’s Ban Corporal Punishment: Treat

Children with Love, Respect and Dignity. 2013. New Delhi:
National Council of Educational Research and Training.
Retrieved from: [Link]
dee/publication/pdf/Report_child.pdf

Protection of the Rights of Children 175

2. Who should a child approach, if they are subjected to
discrimination or denied any right under the RTE Act?
Ans. If a child is denied any right provided under the RTE Act, the
child or any other person on the behalf of the child may:

●● initially approach the School Management Committee

(SMC).

●● make a written complaint to the local authority having

jurisdiction.

●● if, the person is not satisfied with the decision of the local
authority, they may approach the State Commission for
Protection of Child Rights (SCPCR) [Section 32 (3) of RTE
Act, 2009].

●● the RTE Act also assigns a role to the National Commission

for Protection of Child Rights (NCPCR) for monitoring the
child’s right to education [Section 31 of RTE Act, 2009].

●● the complaints can be sent to the local authority by post,

fax, e-mail, or in person. The local authority ought to decide
the matter within a period of three months, or earlier, in
matters of urgency, such as denial of admission. Further,
with respect to complaints related to violence, child abuse,
corporal punishment, etc., the local authority may facilitate
filing of FIR before the police authorities.

Protection of Rights of Children

Redressal of Grievances
[Section 32 (1) & (2) of RTE Act, 2009]

1. Any person having a grievance relating to the right of a child

under this Act, may make a written complaint to the local
authority having jurisdiction.
2. After receiving the complaint, the local authority shall
decide the matter within a period of three months, after
affording a reasonable opportunity of being heard to the
parties concerned.

176 Educational Rights of Children with Special Needs — FAQs

3. What are the major functions performed by the
National/State Commission for Protection of Child
Rights (N/SCPCR) for monitoring the child’s right to
education?
Ans. The National/State Commission
for Protection of Child Rights
protects the rights of children (both
in and out of school) in matters
related to the provision of the
neighbourhood schools, norms and
standards of schools, admission
procedures, corporal punishment,
discrimination against children
belonging to disadvantaged groups
and weaker sections, entitlements,
etc. They investigate and recommend cases to courts. However,
they do not have the power to pass judgments or punish any
individual or respective authority.

Protection of Rights of Children Redressal of

Monitoring of Child’s Right to Education
(Section 31 of RTE Act, 2009)

1. The National/State Commission for Protection of Child

Rights, shall, in addition to the functions assigned to them
under that Act, also perform the following functions, namely:
(a) examine and review the safeguards for rights provided
by or under this Act and recommend measures for their
effective implementation;
(b) enquire into complaints relating to the child’s right to free
and compulsory education; and
(c) take necessary steps for protection of the Child Rights
Act.

2. The said Commission shall, while inquiring into any matters

relating to child’s right to free and compulsory education,
have the same powers for protection of the Child Rights Act.

Protection of the Rights of Children 177

3. Where the SCPCR has not been constituted in a State, the
appropriate government may, for the purpose of performing
the functions, constitute such authority, in such manner, as
may be prescribed.

For more details on National Commission for Protection of

Child Rights Act, 2005, refer to:
[Link]
=267&lid=705

Role of National/State Commission for Protection of Child

Rights (N/SCPCR) in Protection of Rights of Children

The monitoring of rights of children in school, including those

belonging to the disadvantaged groups and weaker sections, shall
involve the following issues:

(i) Provision of Neighbourhood School

1. requisite number of classrooms and infrastructure
facilities for children, including those with disabilities;

2. appropriate Pupil:Teacher Ratio (PTR); and

3. suitable school hours.

(ii) Access to School: School Building

1. school should have at
least one classroom for
every teacher and one
office-cum-storeroom-
cum-Head’s room;

2. barrier-free access;

3. separate toilets for

girls and boys;

178 Educational Rights of Children with Special Needs — FAQs

 4. safe and adequate drinking water facility for all children;
and

5. kitchen where mid-day meal is cooked; playground,

arrangements for secure school building with boundary
wall and fencing.

(iii) Admission

1. no denial of admission, no capitation fee, no screening

procedure, no demand for affidavits; and

2. any-time admission of children from disadvantaged groups

and weaker sections in private-aided and unaided schools.

(iv) Entitlements

1. textbooks, including those in Braille, large print and audio

books;
2. uniforms;
3. library with books, newspapers;
4. sports equipment for
all children, including
those with disabilities;
5. play material, including
appropriate selected
materials for children
with disabilities;

6. special learning and

support material (such as
hearing aids, spectacles,
crutches) for children with
disabilities;

7. mid-day meals;

Protection of the Rights of Children 179

 8. special training for age-appropriate education for all
children, including those from disadvantaged groups and
weaker sections;

9. transfer certificates;

10. completion certificates; and

11. provisions for other expenses.

(v) Classroom Transaction

1. no discrimination on the basis of caste, class, religion,

gender or any other ground;

2. no corporal punishment;

3. appropriate teaching methods with accommodations for

children with disabilities; and

4. appropriate evaluation systems with suitable modifications

for children with disabilities.

(vi) School Management Committee (SMC)

1. appointments as per rules;

2. regular meetings;

3. teacher accountability;
4. preparation of School Development Plan (SDP); and

5. other responsibilities.

4. Are there any guidelines issued for implementation of

the provisions of Sections 31 and 32 of the RTE Act?
Ans. Yes. Guidelines have been issued for implementation of
Sections 31 and 32 of the Right of Children to Free and
Compulsory Education (RTE) Act by the Ministry of Human
Resource Development in February 2012. The guidelines
issued provide details regarding the:

A. responsibilities of State Government;

B. processing Grievances/Complaints; and

180 Educational Rights of Children with Special Needs — FAQs

 C. role of SCPCR/Right to Education Protection Authority
(REPA) and Process of Appeal.

e-baalnidan:
Online Complaint
Management System
[Link]
[Link]/Welcome.
aspx?ReturnUrl=%2f

A. Responsibilities of State Government

The State Government may undertake the following measures:

●● identifying the local authority(ies) for performing the

functions envisaged in Section 32 (1) of the RTE Act.

●● notify the local authority at the village, block/mandal

and district levels having jurisdiction in respect of the
responsibilities specified for local authorities who would
perform the functions envisaged in Section 32 (1) and (2) of
the RTE Act.

●● the notification should be placed in public domain and

given wide publicity.

●● prepare a list of legal entitlements of a child guaranteed

under the RTE Act and State RTE Rules and make this
information widely available.

●● prescribe the manner in which the decision is to be taken

by the notified local authority under Section 32 (2) of the
RTE Act.

B. Processing Grievances and Complaints

The notified local authority shall take into consideration the
following factors, while developing a procedure for filing and
processing of such grievances:

Protection of the Rights of Children 181

 ●● the local authority can accept a written complaint made by
any person on behalf of the child. The grievance redressal
authority will provide prescribed relevant formats, which are
simple and easy to understand, comprehend, and furnish.

●● the notified local authority will develop a system of

registration of grievances, and a receipt of registration of the
grievance should be provided to the complainant instantly.
●● the notified local authority for the purpose of deciding a
matter out of a grievance, may call for verification for such
information as it considers necessary.

●● the grievances should be decided within three months of its

filing, after affording adequate opportunity of being heard
to both parties.

●● in respect of grievances relating to matters of urgency, such

as denial of admission, etc., the notified local authority shall
decide the matter in a shorter time.

●● in respect of grievances relating to violation of Indian Penal

Code, such as violence, child abuse, corporal punishment,
etc., the notified local authority may facilitate the filing of a
FIR before the police authorities.

C. Role of SCPCR/REPA and Process of Appeal

In order to develop a transparent procedure for furnishing and
disposal of appeals by the State Commission for Protection of
Child Rights (SCPCR) and REPA:

●● the State Government shall provide adequate resource

support to the SCPCR/REPA to enable it to perform its
functions under the RTE Act.

●● the SCPCR shall prepare a Memorandum of Appeal in which

appeals can be furnished before it.

●● the Memorandum may be placed on the website of the

SCPCR, the State Education Department and made available
to the public by the notified local authorities.

182 Educational Rights of Children with Special Needs — FAQs

 For more details on the Responsibilities of the State Government,
Processing Grievances/Complaints and Role of SCPCR/REPA
and Process of Appeal, refer to:
MHRD, GoI, RTE Act, 2009. (February 2012). Guidelines for
the Implementation of Sections 31 and 32 of Right of Children to
Free and Compulsory Education (RTE) Act, 2009.
Retrieved from: [Link]
files/upload_document/[Link]

5. How can complaints be registered with the N/SCPCR in

the case of denial of child rights?
Ans. Complaints regarding any violation of child rights can be
registered with the N/SCPCR by:

●● registering on the Child Helpline Number (1098).

●● writing a letter to the N/SCPCR.

●● logging on to e-baalnidan on the website of NCPCR. The

entire movement of the complaint can also be tracked
through this system.

●● online Complaint Management System under POSCO (The

Protection of Children from Sexual Offences, NCPCR).

Protection of Rights of Children

Manner of furnishing complaints before the National Commission
for Protection of Child Rights (NCPCR) (Rule 26 of RTE Rules,
2012) — The NCPCR may set up a child helpline to register
complaints regarding the violation of rights of the child under
the Act, which may be monitored by it, through a transparent
online mechanism.

6. Can a case of violation of child rights under the RTE

Act be taken to court?
Ans. Yes. Since the right to elementary education is a fundamental
and justiciable right, cases of violation of child rights can be
taken to court. Depending on the nature of the complaint, a

Protection of the Rights of Children 183

 case can be filed in the lowest civil court, a High Court, or the
Supreme Court.

Article 21(a) of Constitution of India states:

“The State shall provide free and compulsory education to all
children of the age of 6 to 14 years in such manner as the
State may, by law, determine.”

For more details on Guidelines issued by NCPCR, Protection of

Children from Sexual Offences (POCSO) for Child’s Rights, refer to:

¾¾ National Commission for Protection of Child Rights (NCPCR).

Guidelines for Eliminating Corporal Punishment in
Schools. Retrieved from: [Link]
php?fid=108

¾¾ Ministry of Women and Child Development (September

2013). Model Guidelines under Section 39 of The Protection
of Children from Sexual Offences Act, 2012 for the use by
Professionals and Experts. Retrieved from: [Link]
in/sites/default/files/[Link]

POSCO, NCPCR

The Protection
of Children from
Sexual Offences
(POCSO) Act, 2012

Online Complaint
Management System
[Link]

184 Educational Rights of Children with Special Needs — FAQs

 D;k vkid¨ d¨Ã ijs'kku dj jgk gS] crk,a] d©u v©j dSls\
Tell us how you are being harassed.

खेल / दक
ु ान / सड़क स्‍कूल / �श
ू न
Playground, Shop and/or Road School and/or Tuition

ब्‍लैकमेल स्‍कूल / वैन इत्‍यादि

Blackmail In School Bus, Van, etc.

इटं रनेट / फोन

Internet and/or Phone

[Link]

Protection of the Rights of Children 185

 Appendix

A. RTE Rules, Guidelines and Notifications

The latest Right to Education (RTE Act) Rules, Guidelines
and Notifications are available on the Ministry of Human
Resource Development (MHRD) websites [Link]/
rte and [Link] Some of the RTE Rules/
Guidelines/Notifications are listed below:

RTE Rules
●● RTE (Amendment) Rules, 2017
●● RTE (Amendment) Rules, 2015
●● Model Rules under the Right of Children to Free and
Compulsory Education Act, 2009
●● The Right of Children to Free and Compulsory Education
Rules, 2010 dated 8 April, 2010

RTE Guidelines
●● Guidelines for curbing malpractices in schools as per the
provisions of the RTE Act, 2009.
●● Guidelines for Special Training and Definition of OoSC
(Out-of-School Children).
●● Guidelines on Safety
and Security of
RTE Rules and
Children, 2014. Guidelines
●● Guidelines issued
under Section 35(1)
of the Right of Children to Free and
Compulsory Education (RTE) Act, 2009 in
respect of residential schools.
●● Guidelines on Clause (c) of Sections
8 and 9 of RTE Act on prevention of
 discrimination in schools in respect of children belonging to
the disadvantaged groups and weaker sections.
●● Guidelines on Requirement of Playground specified in the
Schedule of the RTE Act.
●● Guidelines under Section 35(1) of the RTE Act regarding
implementation of Section 25(1), that is PTR (Pupil:Teacher
Ratio).
●● Guidelines under Section 35(1) regarding deployment of
teachers for elections under Section 27 of the RTE Act.
●● Guidelines regarding applicability of RTE Act on Minority
Institutions.
●● Guidelines regarding Procedure for School Admission under
RTE Act.
●● Guidelines for conducting Teacher Eligibility Test (TET)
under RTE Act.

RTE Notifications

●● State RTE Notifications

●● State RTE Rules; Local Authority; Local Grievance

Redressal Mechanism; State Advisory Council; Definition
of Disadvantaged Group and Weaker Section; Constitution
of School Management Committee (SMC); Activity Mapping
of Functions at each level of Local Authority/PRI’s;
Constitution of SCPCR/REPA.

●● Notification for appointment of NCTE as academic authority

under Section 23 of the RTE Act and of NCERT as the
academic authority under Section 29 of the RTE Act.

●● Notification of Constitution of National Advisory Council

(NAC) under Section 33(1) of the RTE Act.

●● Notification of NCTE laying down the minimum qualification

for a person to be eligible for appointment as a school
teacher under Section 23 (1) of the RTE Act.

●● Notification on the Right of Children to Free and Compulsory

Education (Amendment) Act, 2012.

Appendix 187
 ●● Notification for including CTSA as specified category school.
●● Notification regarding amendment in Notification of 23
August, 2010 on minimum teacher qualifications.

B. Important References
Government of India. 2009. The Right of Children to Free and
Compulsory Education (RTE) Act. Ministry of Human Resource
Development, New Delhi.
Retrieved from: [Link]
files/upload_document/[Link]

Government of India. 2010. The Right of Children to Free and

Compulsory Education (RTE) Rules, 2010. Ministry of Human
Resource Development, New Delhi.
Retrieved from: [Link]
files/upload_document/[Link]

Government of India. 2011. Sarva Shiksha Abhiyan: Framework

for Implementation Based on the Right of Children to Free and
Compulsory Education Act, 2009. Ministry of Human Resource
Development, Department of School Education and Literacy,
New Delhi.
Retrieved from: [Link]
[Link]
NCERT. 2005. National Curriculum Framework. New Delhi.
Retrieved from: [Link]
framework/english/[Link]

Julka, A. 2014. Including Children with Special Needs: Primary

Stage. NCERT, New Delhi.
Retrieved from: [Link]
[Link]

Julka, A. 2015. Including Children with Special Needs: Upper

Primary Stage. NCERT, New Delhi.
Retrieved from:
[Link]

188 Educational Rights of Children with Special Needs — FAQs

 World Bank Group: Education Global Practice. Toolkit for
Master Trainers in Preparing Teachers for Inclusive Education
for Children with Special Needs. Ministry of Human Resource
Development, UK AID, World Bank Group.

●● Module 1 : Inclusive Education

Retrieved from: [Link]
●● Module 2 : Including Children with Autism
Retrieved from: [Link]

●● Module 3 : Including Children with Cerebral Palsy

Retrieved from: [Link]

●● Module 4 : Including Children with Deaf Blindness

Retrieved from: [Link]

●● Module 5 : Including Children with Hearing Impairment

Retrieved from: [Link]

Appendix 189
Notes
UN253

ISBN 978-93-5292-392-2