States Start Learning Fast

Expanding access, promoting quality and ensuring equity through free and compulsory education for every child between the ages of 6 and 14 is the grand promise of the Right to Education Act. The implementation of the Act is in state hands and states have been drafting rules to fulfil the grand promise.

As we celebrate the second anniversary of the Act, 33 out of 35 states and UTs with the exception of Goa and Karnataka have notified state rules. While there is serious apprehension that the letter of the law could negate the very ideals it proposes to attain, analysis of state rules reveals some encouraging results. Some states have been more nuanced in their approach and have made the effort to preserve the spirit of the law.

One of the biggest concerns with the Act is the school recognition norms that are focused on inputs like land plot size, playground, teacher qualification, all of which have direct sizeable cost implications. Is the purpose of the Act to increase the cost of schooling or to improve learning outcomes of students?

Gujarat and Karnataka (which is yet to notify the draft rules) have focused on learning outcomes. According to Gujarat’s formula for school recognition, 30% of weightage is given to absolute learning outcomes, 40% weightage to relative learning outcomes, 15% to inputs related to infrastructure and the rest 15% given to non-academic achievements of students. Overall, only 15% of the weight is given to infrastructure requirements in the norms to recognise private schools. Furthermore, the rules outline a more pragmatic approach to dealing with non-compliant schools. These schools would be handed over either to the government or to a third party. This is a welcome contrast to the central act that proposes a blanket closure of these schools and transfer of teachers and students to neighbouring schools.

The draft rules of Karnataka prescribe third party evaluation of learning of 5% of students every year. Draft rules also mention grading government schools based on quality parameters that combine infrastructure as well as learning outcomes.

Punjab on the other hand has taken a very ‘Punjabi’ approach to school recognition. Last April, Punjab education minister Sewa Singh Sekhwan suggested that any school could get recognition by paying Rs. 20,000 fees to the government and Rs. 10,000 per year for the subsequent years. From about 20,000 unrecognised schools, the government would collect R400 million, which could be used to improve education in government schools.

The whole Supreme Court battle was about the 25% reservation in private schools for the socially disadvantaged and economically weaker sections. Who qualifies for this benefit?

Andhra Pradesh provides the most detailed guideline for the allocation of 25% seats. Orphans, HIV affected, disabled are given 5%, SCs 10%, STs 4%, and backward classes, minority and other categories earning less than Rs. 60,000 annually have 6% of the seats. It goes even further in prescribing the order of filling in the seats:

“The above arrangement of reservation in sequential order is applicable to private schools in plain areas. Where orphans, HIV affected and disabled are not available or available only to a certain extent such vacancies will be filled by STs and SCs. After exhausting all applications for admission of orphans, HIV affected and disabled, SC and ST if any seats remain unfilled such seats will be added to the percentage of weaker sections.

In tribal areas, all ST children should be admitted first. After exhausting applications of ST children, SC children may be admitted. After exhausting the SC, the remaining seats will be filled by others.

In minority institutions, all candidates belonging to minority concerned should be considered for filling first. After exhausting applications of minorities the leftover seats may be filled in the order of ST, SC and BC.”

Kerala divides the 25% seats in only two parts — 15% for socially disadvantaged and 10% for economically weaker sections.

“Child belonging to disadvantaged group” means a male, female or transgender child of the age of 6 to 14 years belonging to SC, ST, families engaged in traditional means of livelihood like fishing, coir making, clay pottery, cane and bamboo work and weaving and other eligible communities as defined by the state government and children who are orphans, HIV affected and children with disability as defined in Section 2 (i) of Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and will include children with autism, mental retardation, multiple disabilities and children with learning disabilities and children above 14 years who are late enrolments.

“Child belonging to weaker section” means a child whose parents or guardians belong to BPL category in the state of Kerala.

The Delhi rules require that the 25% seats must be allocated by lottery and “the entire proceeding of draw of lots shall be video graphed and CD/DVD shall be submitted to Dy. Director of Education.”

How would private schools be reimbursed for the 25% seats? Tamil Nadu would pay 50% in September and the remainder in January and students must have a minimum of 80% attendance every month. What if a student was sick for 10 days in a given month? Would the school lose reimbursement for the month? Madhya Pradesh promises to reimburse in March, just once a year.

School Management Committees (SMCs) are an attempt to create a culture of accountability in government schools, with majority members required to be parents. There are two facets of this clause that states have innovated on — the composition of SMCs and the functions of SMCs.

On the composition of SMCs, Andhra Pradesh specifies that parents of children who have scored the highest marks and who have scored the lowest marks become members of SMCs. Both Rajasthan and Andhra Pradesh prescribe two children be represented in SMCs. Uttar Pradesh also specifies that parents be elected to be chair and vice chair of the SMCs.

On functions of SMCs, Uttar Pradesh has perhaps been unique in bringing the grievances of teachers under the mandate of SMCs. Draft rules of Karnataka interestingly specify monitoring of child performance under the functions of SMCs. Both Karnataka and Uttar Pradesh also recommend setting up bank accounts for SMCs to carry out their functions, giving them more teeth than preparing just the school development plans.

Maharashtra is one of the most generous states: “All students shall be entitled to receive free textbooks, writing materials and uniforms (in government and private schools). Provided that a child with disabilities shall also be provided free special learning materials and aids and appliances.”

SUJATHA MUTHAYYA & PARTH J SHAH

Financial Express, Wednesday, 25 Apr 2012

Parth J Shah and Sujatha Muthayya are with Centre for Civil Society’s School Choice Campaign: Fund Students, Not Schools!