RIGHT TO UNIVERSAL, FREE, COMPULSORY & QUALITY EDUCATION BILL 2007
Chapter II
CHILD’S RIGHT TO FREE AND COMPULSORY
EDUCATION OF EQUITABLE QUALITY
3. Child’s Rig ht to Free and Compulsory
Education of Equitable Quality
(1) Every child who has attained the age
of 6 years shall have the right to participate in full
time elementary education and to complete it, and
towards that end shall have the right, subject to the
provisions of this Act, to:
i) be admitted to a neighbourhood school
in accordance with the provisions of Section 14, and
ii) be provided free and compulsory
education in such school, in the manner provided in this
Act
Provided that a child who, due to her
severe or profound disability, cannot be provided
elementary education in a neighbourhood school, shall
have the right to be provided education in an
appropriate alternative environment as may be
prescribed.
(Explanation: For the purposes of this
Section, neighbourhood shall be determined in relation
to the residence of the child on the basis of proof of
residence provided in such manner as may be prescribed,
including but not limited to, ration card or voters
identification card of the parent/guardian.)
(2) A non-enrolled child who is in the
age group 7-9 years, at the commencement of this act,
shall, in addition to the right specified in sub-clause
(1), have the right to be admitted to an age
appropriate grade in a neighbourhood school within one
year from the commencement of this Act.
(3) A non-enrolled child who is in the
age group 9-14 years, at the commencement of this Act,
shall in addition to the right specified in sub-clause
(1), have the right to be provided special programmes
with in the neighbourhood school to enable her to join,
as early as possible, but in any case within three years
from the commencement of this Act, the age appropriate
grade.
(4) A child who, though enrolled, is not
able to participate in elementary education, shall, in
addition to the right specified in sub clause (1), have
the right to be provided with suitable conditions, as
may be decided by the appropriate government, to enable
her participation.
(5) No child shall be held back in any
grade or expelled from a school until she completes
elementary education, except through an Order of the
School Management Committee (SMC).
Provided that an Order under sub-section
(5) expelling a child from school shall be passed by the
SMC only in the case of a delinquent child for whom all
other corrective measures have been exhausted, and only
after such child and her parents/guardians have been
afforded an opportunity of being heard in such manner as
may be prescribed.
Provided further that in the event of an
SMC passing an Order under sub-section (5), it shall
also be required to bring such Order to the notice of
the Appropriate Government or local authority as the
case may be, which will then give directions regarding
other neighbourhood schools to which the expelled child
shall be admitted for purposes of her further education
4. Right Of Transition Till Completion Of
Elementary Education
(1) For every child studying in a school
which provides education up to a level less than class
VIII, the Local Authority shall specify a school,
subject to the provisions of Section 14, where such
child shall have the right of admission for free
education till she completes elementary education
(2) Any child moving from one school to
another, including outside the state shall, for the
purposes of seeking admission to another school, be
entitled to receive a transfer certificate issued by the
Headmaster of the school in which she was last
enrolled;
Provided that the absence of such a
transfer certificate shall not constitute grounds for
delaying or denying her admission to an appropriate
grade in the new school; nor shall such child be
subjected to any test whatsoever to determine whether
she is to be admitted to the school.
|
