DUTIES OF STATE GOVERNMENT AND LOCAL AUTHORITY: PART III-RULE 4-6-MRCFCERA-2011

PART III 

Duties of State Government and Local Authority

4.Areas or limits for purposes of section 6

(1) The State Government or the Local Authority,as the case may be,shall establish neighborhood schools within the areas or limits to meet the following criteria,namely:

(a) In respect of children in classes I-V ,a school shall be established as far as possible within a distance of one kilometre of the neighborhood and has minimum of 20 children in the age group of 6 to 11 years available and willing for enrollment in that school; and

(b) In respect of children in classes VI-VIII ,a school shall be established as far as possible within a distance of three kilometres of the neighborhood and which has not less than 20 children in class 5th of the feeding primary schools,taken together ,available and willing for enrollment in that school.

(2) The Sate Government may suitably alter the minimum distance specified in sub -rule (1) in cases of hilly areas that are not easily accessible and make available the schools run by the Government or Local Authority for the children having no facility of further elementary education in their schools in such area.

(3) For children from small hamlets ,as identified by the State Government or Local Authority,where no schools exists within the area or limits of neighborhood school specified under sub rule (1) and for children failing within the purview of 4(1) (a), the State Government or Local Authority shall make adequate arrangements such as free transportation,residential facilities and other facilities, for providing elementary education in the school,in relaxation of the limits specified under sub -rule (1).

(4) In areas of greater population density (urban and semi urban areas) the State Government or the Local Authority shall establish more than one neighborhood school,having regard to the number of children in the age group of 6 to 14 years in the said area.

(5) The Local Authority shall designate a neighborhood school for every settlement or area and shall make this information known to public.

(6) In respect of children with disabilities ( as defined in Equal opportunities,Protection of Rights and Full Participation) Act,1995 (1 of 1996) , which prevent them from accessing the school the State Government or Local Authority having regard to their number shall make appropriate and safe transportation arrangements for them to attend the school and complete elementary education.

(7) (a) The Government or the Local Authority shall ensure that no child is barred from going to school for any reason and that there is no hindrance to his or her completing the elementary education on the ground of linguistic,social or cultural differences;

(b) the migratory children shall be enrolled in a school if the school having appropriate medium of instruction is available in that neighborhood school:

(c) if the appropriate medium of instructions is not available in the neighborhood school then,the transportation facilities for attending the school,or a seasonal residential hostel and other facilities shall be provided by the Local Authority.

(5) Duties of Stae Government and Local Authority for purposes of sections 8 & 9

(1) A child attending a school of the State Government or local authority referred to in sub clause (I) of clause (n) of section 2 in pursuance of clause (b) of subsection (1) of section 12, and a child attending a school referred to in sub clause (iii) and (iv) of clause (n) of section 2 in pursuance of clause (c) of sub section (1) of section 12 shall be entitled to free textbooks, writing materials and uniforms:

Provided that a child with disabilities shall also be provided free special learning and support material.

Explanation-In respect of the child admitted in pursuance of clause (b) of sub section (1) of section 12 and a child admitted in pursuance clause (c) of subsection (1) of section 12,the responsibility of providing the free entitlement shall be of the school referred to in sub-clause (ii) of clause (n) of section 2 and of sub-clause (iii) and (iv) of clause (n) of section 2, respectively

Provided that, nothing in this rule shall be construed as restriction on the Government to declare these and any additional entitlements to any further specified group or all children,by issuing necessary Government Resolution.

(3) The Government and the Local Authority shall undertake school mapping to be carried out by the officers notified by the Government, in this behalf for the purpose of establishing a neighborhood school and shall conduct a survey to identify and obtain statistical information about all children in the area,including children living in remote areas, children of weaker sections of society ,out-of-schoolchildren,as well as, children who have dropped out of school,within one year of the appointed date and every year and thereafter.

(4) The Sate Government or the local Authority shall ensure that no child is subjected to caste,class, religious or gender abuse in the school.

(5) For the purposes of clause (c) of section 8 and clause (c) of section 9 the State Government or the Local Authority,as the case may be,shall take strict measures to ensure that no child from disadvantaged group or weaker section or a deprived section shall face discrimination or be segregated in class ,uring mid-day meals,on the playground,at common drinking facilities or while using common toilet facilities and in the cleaning of toilets or classrooms.

6. Maintenance of records of children by Local Authority for purposes of clause (d) of section 9

(1) The Local Authority shall develop a record management system and shall maintain records of all children,in its jurisdiction,through a household survey to be carried out by an officer notified by the Government ,in that behalf or through other means like school register and /or focused group discussion, from their birth till they attain 14 years.

(2) The record referred to inn sub -rule (1) shall be updated every year.

(3) The record referred to in sub-rule (1) shall be maintained transparently ,shall be placed in the public domain,and used for the purposes specified in clause (c)of section 9 for the purposes ofspecial training section 8.

(4) The record referred to in sub -rule (1) shall, in respect of every child,include-

(a) name ,sex,date of birth, (Birth Certificate Number ), if any, place of birth;

(b) parents or guardians name,address,occupation,relation to child;

(c) pre-primary school or Anganwadi center that the child attends up-to the age of six years ( with details of location );

(d) details of the elementary school where the child is admitted with details of name,address , etc;

(e)  (permanent address) and present address of residence of the child;

(f) class in which the child is studying ( for children between age 6-14),and if education is discontinued in the territorial jurisdiction of the Local Authority ,the cause of such discontinuance;

(g) whether the child belongs to the weker section within the meaning of clause (c) of section 2 of the Act (if so,details to be given );

(h) whether the child belongs to a disadvantaged group within the meaning of clause (d) of section 2 of the Act ( if ,so details to be given);

(i) details of special facilities or residential facilities required by children on account of migration,sparse population,age-appropriate admission,disability,transport facility,home visit-based education ,etc.

(5) (a) Appropriate Child Tracking System shall be developed as a tool to track the children dropping out or absenting for more than one month;

(b) the Local Authority shall ensure that the names of all children in the age group of 6 to 14 years in the area under its jurisdiction are publicly displayed in each school before the beginning of the first and the second term.

Explanation-It shall be necessary to obtain information about children with disabilities every year till they attain the age of 18 years for the purposes of sub -sections (26)and (27) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)  Act,1995 (1 of 1996 ).