Amendment to Children Free Education Rules2010

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
School Education - The Andhra Pradesh Right of Children to Free and
Compulsory Education Rules, 2010 - Amendment – Orders –Issued.
SCHOOL EDUCATION (PE-PROGS.I) DEPARTMENT
G.O.Ms.No. 130 Dated:09.09.2011
Read the following:-
1. G.O.Ms.No.20, School Education (PE-Progs.I) Dept, dated 03.03.2011.
2. From the State Project Director, Rajiv Vidya Mission, (SSA),
Hyderabad Lr.No.165-1/RVM(SSA)/B12/2009, dated.17.05.2011.
***
ORDER:-
1. In the reference 1st read above orders have been issued relating to the
Andhra Pradesh Right of Children to Free and Compulsory Education Rules,
2010.
2. In the reference 2nd read above, the State Project Director, Rajiv Vidya
Mission, (SSA),A.P. Hyderabad has submitted proposals for substitution/addition
of certain provisions to A.P. Right of Children to Free and Compulsory Education
Rules, 2010.
3. Government after careful examination of the proposal of the State Project
Director, Rajiv Vidya Mission, (SSA), A.P. Hyderabad have decided to amend the
Andhra Pradesh Right of Children to Free and Compulsory Education Rules,
2010 issued in G.O.Ms.No.20 School Education (PE-Progs.I) Department dated
03.03.2011 suitably.
4. The following notification will be published in an Extra Ordinary issue of
the Andhra Pradesh Gazette dated 14.09.2011.
N O T I F I C A T I O N
In exercise of the powers conferred by sub-section (1) of section 38 of the
Right of Children to Free and Compulsory Education Act, 2009 (Act No.35 of
2009), the Government of Andhra Pradesh hereby makes the following
amendments to the Andhra Pradesh Right of Children to Free and Compulsory
Education Rules, 2010 issued in G.O. Ms.No. 20, School Education (PE.Progs.I)
Department dated.03.03.2011.
AMENDMENTS
In the said Rules:-
1. For sub rule (2) of rule 19, the following shall be substituted,
namely:-
“(a) All Parents/Guardians of all the children studying in the school
shall elect the School Management Committee (SMC). They will
elect six parent members by majority from each class by show
of hand/voice vote/secret ballot method as shown below :-
i) Two parents from general category.
ii) One parent from each of SC, ST, BC, and Minority categories.
(PTO)
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(b) The Number of parent members in 30 in case of Primary, 42 in case
of Upper Primary, 48 in case of Upper Primary with VIII Class and
30 in case of High School with classes VI to X in case the strength is
less than 30, then parents of all children shall be in the School
Management Committee. The Head Teacher or the Incharge Head
Teacher of the school shall be the Member Convener. The Ward
Member/Gram Panchayat where the school is situated shall also be a
member. In case of urban areas, Corporater/Counselor of the ward
concerned shall be a member. 50% of the members shall be women.
The Head Master of the school will organize a meeting of parents/
guardians to facilitate the election process by giving written
communication to all the parents. At least 50% of the parents/
guardians should be present for conducting the elections.
(c) An eminent educationist or a philanthropist or a person who supports
the school in the neighborhood or an eminent NGO representative as
co-opted by the parents will be a special invitee. The Anganwadi
worker ANM of the Health sub centre of the area of the school, Head of
the local federation of the Mahila Samatha Society and 2 children who
actively involve in school activities shall also be the special invitees, out
of whom at least one shall be a girl child in case of co-educational
school”.
2. In rule 22,
(i) after clause (b) of sub rule (3) the following shall be added namely:-
“(c) Every teacher is accountable for the performance of all the children
in his/her subjects/class as per the standards prescribed by the
State Academic Authority from time to time.
(d) At the end of the academic year, wherever the performance of
children in a subject/class falls below 60% of the standards
prescribed by the State Academic Authority from time to time, the
class teacher/subject teacher who has worked for the full academic
year or for a major part of the academic year shall be
recommended by the local authority concerned for imposing penalty
by the appointing authority concerned, treating this as a serious
misconduct attracting anyone of the major penalties under Rule (9)
of CCA Rules.
(e) At the end of the academic year, wherever the performance of
children in a subject/class, is above 90% of the standards
prescribed by the State Academic Authority from time to time, the
class teacher/subject teacher who has worked for the full academic
year or for a major part of the academic year, and in case where
there are no complaints of misconduct as defined under rule 22 (4)
shall be recommended by the local authority concerned for the best
teacher award at the district/state level to the concerned authority.”
(ii) after sub rule (3) the following shall be added namely:-
(4) Any violation of Section 17 (1) of the Act shall be treated as a
serious misconduct attracting any one of the major penalties under
Rule 9 of the Andhra Pradesh Civil Services (CCA) Rules 1991 as
well as action as per section 323 of the Indian Penal Code 1860.
(contd..)
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3. In rule 25 in sub rule (2),
“(a) In clause (d) after the words “Individuals” the word “Teachers”
shall be inserted.
(b) In clause (e) after the word “Individuals” the word “Teachers” shall
be inserted”.
4. After rule 28, the following shall be added namely :
“ 28 A Grievance and redressal of children
(1) The Gram Panchayat shall be the first level of grievance redressal
of children, parents and the public.
(2) A committee shall be constituted at Mandal Parishad Level with
MPP as a Chairman, MPDO as member and Mandal Education
Officer as convener and shall act as appellate authority on the
orders of the Gram Panchayat.
(3) There shall be a District Level Grievance Redressal Committee to
redress the grievance of the children, parents and public as second
appellate forum.
(4) The District Level Grievance Redressal Committee shall consist of
the Zilla Parishad Chairperson as Chairman, District Collector,
Chief Executive Officer of Zilla Parishad, Project Officer of Rajiv
Vidya Mission, Project Director of Integrated Child Development
Scheme, Commissioner of Local Urban Body, Deputy
Commissioner of Labour, Project Director of District Rural
Development Authority, Deputy Director of Social Welfare, District
Medical and Health Officer, Deputy Director of Tribal Welfare,
B.C. Welfare Officer as members and District Educational Officer as
the member convener. The District Level Grievance Redressal
Committee shall meet at least once in a month. It may meet as and
when required based on the Grievance received.
(5) There shall be a State Level Committee comprising of Principal
Secretary (Primary Education) and Principal Secretary (Secondary
Education), State Project Director, Rajiv Vidya Mission, (SSA) and
Commissioner and Director of School Education.
(6) The list of entitlements along with the details of grievance
redressal authority and appellate authority is at Annexure –I. the
procedure of grievance redressal mechanism is at Annexure –II”.
5. The Commissioner & Director of School Education, AP, Hyderabad and
the State Project Director, Rajiv Vidya Mission (SSA), AP, Hyderabad shall take
necessary action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
CHANDANA KHAN
PRINCIPAL SECRETARY TO GOVT.(PE)
To
The Commissioner, Printing & Stationery, Chanchalguda, Hyderabad
(with a request to publish the G.O.in the A.P.Gazette (Extraordinary)
dated 14.09.2011 and supply 1000 copies to the Government in
School Education Department.
(PTO)
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The Commissioner & Director of School Education, AP, Hyderabad
The State Project Director, Rajiv Vidya Mission (SSA), AP, Hyderabad
The Director, State Council of Education Resource and Training (SCERT),
AP, Hyderabad
Copy to:-
The Secretary, Ministry of Human Resource Development, Department of
School Education Literacy, Govt. of India, New Delhi.
The PS to Spl. Secretary to Chief Minister
PS to Hon’ ble Minister (Primary Education/Secondary Education)
PS to Prl. Secretary (Primary Education/Secondary Education), A.P. Secretariat.
PS to Prl. Secretary, Women Development Child Welfare and Disabled
Welfare Department
Law (A) Department
Finance Department
All remaining HODs under the control of School Education Department
SC/SF
//FORWARDED:: BY ORDER//
SECTION OFFICER

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