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Problems with the RTE Act

March 25, 2011 in Legal

The recent news that the RTE has been followed by a decrease in enrollments in school didn’t surprise many of us homeschoolers who have become very familiar with it. We know well how confusing and repressive it seems.

What was a great idea and initiative seems to have lost focus somewhere.

Listing out some problems in case anyone who is interested in any reform comes by.

  • The RTE is vague. There are many grey areas. This makes it difficult for people to count on it. For example, what happens if a parent (like us) chooses not to send their child to school?
  • The RTE comes from some ideal place where there are many schools with enough staff and equipment and space and so on. Many schools including government schools in Mumbai will not be able to comply with its recommendations on open space as a part of the school. Many schools don’t have enough trained staff. It is difficult, if not impossible to comply with their recommended ratios. There simply aren’t enough teachers.
  • It disqualifies a lot of schools for qualifications – this is where alternative schools have run into trouble. Many of these are NGOs. Some have post doctoral people educating tribal kids under the sky on a voluntary basis. Without a campus, these schools are not schools and the teachers are not teachers. The teaching aids, not following the government curriculum are not ‘appropriate’ study material. The more innovative schools that use more experiential learning than books have this problem too. The focus seems to have shifted from education and literacy to regimented standardization. In this process, many genuinely innovative educational initiatives have come under the axe
  • The RTE is very regimented. It goes into such great detail on some aspects of schools, that what is missing or when reality contradicts the expectations  from the act, it becomes a very disturbing grey area. For example, really, if a school can’t provide separate classrooms with two teachers, etc… they have three years to comply or they will be shut down? Wouldn’t this get rid of most village schools? Is it so important that they be shut down?
  • The RTE contradicts itself. A glaring example would be where it says that each teacher should have her own separate classroom to teach in, and then it also says that each class should have two teachers!

At the end of the day, if we leave out the one line that the RTE gets known for – that it is mandatory for every child between 6-12 years to go to school, the rest is hogwash. It is “development” of education the same way Air India got “developed” by stopping operations on the most profitable routes.

Kids have studied under the sky in India for far longer than India has been a country. It is not ideal, but it is certainly not the end of the world. Developing school facilities is not the same thing as educating children. Its just another scam.

Schools are a massive money making area, and the corrupt politicians are now turning their eyes to one of the few places where there is still green pastures.  There is no way for a school based on avoiding text books to become compliant with the RTE. It will either have to change what it is to quite a big extent, or it will have to bribe someone so that it can continue to function. It is a big scam simply because its a money making win-win. The regulations have been set up such that they bring schools in a vise. One way or the other, they either become compliant (possible only for the few ones with the resources – then too they will be spending along highly defined lines) or the bribe their way so that they continue to exist, or go extinct and make way for those who will do one of the two.

Strangely, the problems the RTE has raised are quite irrelevant to the right to education. There actually is no dispute around that (other than the homeschooling one). Yet, the logical step of getting rid of the white elephant profit makers to make the objective enforcable seems to be something the government is not interested in doing.

In debates earlier, I had been of the opinion that homeschoolers being a minority, we ought to consider the well being of the nation of children when thinking of challenging this law. Now, with enrollment dropping, I see no reason for us to hold back. The act doesn’t seem to be helping the mainstream either.

You may download a copy of the RTE document: Right To Education or RTE 2009-The Right of Children to Free and Compulsory Education Act 2009

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Homeschooling parents response to the RTE: Urmila Samson

March 24, 2011 in Homeschooling and RTE

Urmila Samson is an unschooling parent of three and a mentor and guide to countless homeschoolers and unschoolers in India. She speaks at Urban Ashram every week to promote unschooling. She has been engaging extensively to help homeschooling parents find some clarity in their perspectives on the RTE. Her response to an email I had sent to the group Vidyut Kale on Homeschooling and RTE

I’m too lazy to find the exact quote, but it says that children between the ages of 6 – 14 have to be in school by law. I haven’t read anything about what the consequences will be. Also it has to be school and the definition of school does not include the wonderful non formal schools run by committed and talented people through NGOs and other means. Sometimes with little or no means, in fact. Those guys have been given a written letter to get recognized within 3 years or be shut down. This includes them getting those awful ‘qualified teachers’, whereas many of these have great teachers and volunteers who have little or no teaching qualification. These non formal schools are catering to children who the government cannot reach, or cannot teach. I feel that we should lie low and let Kapil get on with his business. He has too much to accomplish, an impossible task in fact. We will just be mosquitoes to be swatted. If we keep buzzing, he will be forced to deal with us, and he will not deal kindly. If you go back to when we first started this conversation, I said almost exactly what he has quoted being said: That we are an affluent lot who he can’t be bothered with. Let’s keep it at that.

Urmila responded to someone saying that if homeschoolers were silent on the RTE, it was because we accepted it, or we were afraid to speak out.

Ditto as Vidyut. I will, as I said earlier, go to jail, pay hefty fines or whatever it takes to keep my children out of school. I will even fight laborious court cases if necessary. You yourself said that going to jail leaving children at home is irresponsible. Well, I think that both, drawing attention to homeschoolers who are doing no harm and in fact doing just great for their children, as well as taking attention away from mass educational reform (I know many of you think school is categorically all bad, but I’ve seen children in worse conditions without schools. I’ve even seen a bunch of super rich kids happier in boarding school with caring classmates than in their home situation – an eye opener for me!) as irresponsible too. There are just too many families grateful for the opportunity of a school education. If there weren’t, then there would have been a mass uprising by now. Recently, Sangeetha has sent a link to one of Gandhiji’s books. I read under Compulsory Education, that he’d said that if people want to send their children to school, there is no need to make it compulsory; and if people don’t want to send their children to school, then it shouldn’t be made compulsory. Clearly choice to the people. Well, I see a hUUUUge majority choosing school, and people are not all sooooo stupid. And there are growing numbers opting for alternatives and out altogether, like us. Well, change has to be gradual, careful in order for it to be thorough, according to me. As I keep repeating, homeschooling and unschooling are not my main concern. I hope to be instrumental in changing the way people perceive education worldwide in order to make a complete shift. Freeing the children of the whole world has been my goal since age 9. This cannot be done by finishing off one’s fire on petty battles that will protect an always very small minority. For I see HS and US always as a very small minority however much our numbers swell. Where does that leave the other children??? So, let Kapil do his job as best he can. When the non formal people start to show him the light of day, he will be forced to see the sense of their more open perception of education and accept that. This will pave the way for us. There is always the chance that he will never see the light of day, in which case he will never, ever be convinced about HS and US, so we may as well stay out of the way till we know which way he is swaying. Frankly, I still think we are just too teeny-meeny and unimportant to even bother about ourselves!

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Homeschooling parents respond to the RTE: Vidyut Kale

March 24, 2011 in Homeschooling and RTE

This is a collection of my (Vidyut Kale) emails from an intense debate around the subject.

With all this conversation around the RTE, I am finding it difficult to keep track of what it is that is the threat to homeschoolers.

In all the reading I did, I haven’t yet specifically heard that every child MUST go to school or what happens if they don’t. What I am reading is more along the lines of the government MUST provide the opportunity for education for all children up to a certain age, which I don’t think is a bad idea. I don’t even know why it takes an act to do this.

One thing I caught in terms of the Srivastava thing was that she was not allowed to do the board exams at NIOS while under the age of 15 (or something), which while unfair, doesn’t sound like the end of the world – school kids can’t do that either. Even Kapil Sibal, in the ultra-irresponsible quote shared by Dona (*name changed) seems to be thinking that homeschoolers can go around the RTE. I do think that that case being rejected likely did more damage to homeschooling than the RTE, because it set a precedent where there was a comfortable grey area.

I am now wondering if, homeschoolers taking an initiative to challenge the RTE is only going to work against us and how necessary is it. If we think of the larger society, I can’t but help think that amendments are going to weaken the scope of the act, so they will be resisted. I was wondering if anyone knows in what way the act specifically goes against homeschooling. Or a quote or something that stops us from doing something for our kids…

Note: The quote referred to by Dona is about an informal first report by a journalist supporting homeschooling who interviewed Kapil Sibal about the possibility for ammendments. Apparently he responded “many will benefit from this act and for a handful of homeschoolers who are probably affluent and resourceful enough to send there kids abroad or get around the law, I will not consider amending the Act.”!!! This was met with quite some outrage within our group, since most of us are/were actually struggling to make ends meet or middle class. Plus, it didn’t seem right that the person responsible for a law being passed was happy to recommend it being bypassed. The article got published and it contained a vague quote about homeschooling not being a problem, though not a specific “ok”. Miraculously, it seems to have vanished from the internet. If I find it, I will grab a screenshot and host it myself, so it doesn’t vanish again.

To this, Urmila responded what she did Urmila Samson on Homeschooling and the RTE

And here is my next email where I am responding to someone who accused us of being silent because we accepted the RTE or that we were afraid to speak out.

Mother and baby looking at plantI am lying low because I don’t accept it as their place to make life changing decisions for my child. I neither fear nor accept it. I simply consider it irrelevant. Put simply, this law of theirs has no ‘recognition’ from me. If that makes me illegal, okay. I will not waste my time with this unless they actually interfere with our life.

I am more interested in what I want to do. I have no hesitations going public with my status as an unschooler including thumping my chest and wearing holding a placard saying ‘unschooling/homeschooling’. If they really have an issue, they will find me and do whatever legal stuff they want to do, and then I will fight them. I am not going to go around anticipating that their sole purpose in life is to interfere with well thought out choices educated parents are making for their kids and get into a fight with them based on that assumption.

Really, homeschoolers are not who this law had in mind when it was made, and when they are looking for violations (if at all they get around to looking for them) they aren’t going to be hunting for homeschoolers, unless we get in their face and say, “Hey, I’m breaking your law because your law didn’t consider me when you made it and here I am” Then of course, they go, “Okay, thanks for letting us know, and please meet us in court at so and so date”

If at all I was stupid enough to stir up this hornet’s nest, I would never do it without having some plan to offer a way to check on the quality of learning happening. In fact, what little I have of social responsibility desires that there is never an explicit exception for homeschooling, because the first people to take advantage of it will be child labourers in the name of vocational apprenticeships. The homeschoolers will simply continue as they were.

Even if an exception were made for homeschoolers, as an unschooler it would be a disadvantage for me, since it will then introduce some form of controls and assessment and I will then have to spend time figuring them out and creatively fulfilling those requirements without pressure to ‘study’ on my child – hard work.

I’m not lying low out of acceptance or fear, I’m simply ignoring something I have deemed as irrelevant to my choices and I don’t want this to escalate anyway.

Another email from me as the conversation went in the direction of fear of consequences for us/our children for breaking law.

I can understand your concerns as a loving parent. I also see how much you believe in the path we have chosen, that you would not like the criticism or restriction of it. I believe that this can only enrich your child’s life and all the lives you touch.

Just to share a broader picture on why I think the RTE will not bother with us, and why it is so important to not disempower it:

The day the Indian government made education a fundamental right for 192 million children, Dimple Yadav, 11, woke up at 4:30 in the morning. Eyes heavy with sleep, she cleaned her house (in a village about 24 miles outside the capital), made tea and got busy preparing food for her family. After her parents, who work as laborers in Delhi, left at 6 a.m., Dimple fed and clothed her 5- and 7-year-old siblings and made her way to the local school with them in tow. By the time she took her seat in class, she relaxed for the first time since waking up, and was soon lulled into drowsiness, missing most of the day’s lessons. “I like school,” she said later. “But I do not know how long I will study. My mother has been saying that she needs me to be home so that someone can look after my brother and sister.”
For Dimple, April 1, the day when the Right to Education Act (RTE) came into being to mandate free and compulsory education for all Indian children between the ages of 6 and 14, has no significance. She may read about it in high school — if she can continue her education till then. But in all probability she will drop out of school soon, adding another number to the 50% of young girls who have done the same across India, for as simple a reason as having to take care of siblings. The RTE does not protect children from being taken out of school for agricultural work or housework, nor do laws against child labor consider housework or agricultural work to be child labor.
School Is a Right, but Will Indian Girls Be Able to Go? – By Nilanjana Bhowmick

Seriously, you think we have problems? There are kids out there who could get a much needed nap in school. Forget education.

I think, generosity is the biggest symptom, and enabler of empowerment. Can we have hearts big enough to let something be, even though it *slightly* suggests that what we do is illegal (remember, no one has said anything will happen to parents who don’t send kids to school) if it may possibly protect thousands and thousands from their circumstances? This is the kind of fight the RTE guys are fighting. Are we even a blip on that radar?

And so on. The discussion continues. The bottom line is that the RTE makes it mandatory for every child over 6 years to go to school. For homeschoolers, it is a given that we will be breaking this law. The questions are:

  • While action is specified against schools, nothing of the sort is said about the parents. So, will there be consequences, and to what extent will the government go in enforcing them?
  • How and when can we challenge this without jeopardizing the futures of millions of kids for our few? Most homeschoolers don’t wish to set a precedent in breaking this law for the very reasons that led to its creation. How can we go about carving a niche for us, so that we don’t end up criminals either?
  • It is certain that till this ambiguity around the exact status remains, there will be many such heated debates and possibly challenges to the law in the future. I think the overall tone is anger about the lack of clarity. If I’m breaking the law, I’d like to keep a lawyer handy. There are precautions I will need to take…. I don’t think many are interested in going to school anyway.

Apologies that the emails are all separated by person. After several trials, I thought it best to clearly attribute things said to people saying them, so that anxious parents get a tangible sense of others walking this journey. I know its inconvenient. On the other hand, we can then read from our favourites without the clutter. Urmila has a tremendous following ;)

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Post RTE enrollment in schools dropped

March 21, 2011 in School

 

Looks like we aren’t the only people feeling cornered by the RTE, eh? An article in the TOI today describes how enrollment in primary schools is coming down.

While I do blame it on the RTE and how RTE has changed focus from education and literacy to the more profitable infrastructure development and standardization, I think it is basically that the education system of India itself is such a monolith and largely useless, that its a great symbolic gesture for those who can afford it, and are not particularly bothered about their child learning or being happy as long as they are the same as other kids. On the other hand, Kids In Front Of A Blackboardpeople who can’t afford it are increasingly coming to the point where they must ask what all the fuss is about?

They have seen people pass through the education system without becoming wiser or more capable. So why? Quite rightly, they are choosing how to spend the money. The losers in this business are the kids, because unlike homeschooling, “not enrolling in school” is not necessarily something that makes their life better.

If the government wants to make education widely accepted in the country, it is going to have to make it relevant and interesting. Today’s system is born from another culture altogether. At the most, it is directly useful to people in the city hoping to make a living through their literacy skills. It leaves the vast majority of India distinctly irrelevant.

RTE Act

While I firmly believe that a child learns, and it is not our business to invest vast amounts of their time in whipping them toward some target we call necessary, I do think that encouraging practical, engaging and learning oriented curriculums that they can start applying to their lives as they live is quite likely to get children hooked to the learning process itself. This may mean trashing all that we call education and creating  a new option.

You may download a copy of the RTE document: Right To Education or RTE 2009-The Right of Children to Free and Compulsory Education Act 2009

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Looking back at school learnings as an adult

February 5, 2011 in School

I think the whole education system needs to be overhauled. Its not until I came to US that I realized what was missing in my education. For one thing, it was all theoretical. Second, being in sciences, I was totally nil in human sciences. I learnt the importance of history, civics, politics, religion, philosophy, art, etc etc and lot of other things after I was thrown into the ocean called life itself. I felt I was deprived of real education because my focus (through our education system) was only one sided. Likewise I realized that how much the humanity students not know anything about sciences, chemistry, physics that is part of our daily lives.

How can one make informed decisions when one doesn’t understand the importance of things in scientific way as to how our collective decisions and way of life are affecting our environment and our lives. Not only that even at the higher education level all over the world, disciplines try to segregate themselves thinking they are better because they have such and such knowledge, not understanding, not having a wholesome education is bad for everyone and bad for our species and our planet. No wonder the world is lopsided and messed up because we are encouraged to use only one side of our brains.

In addition, I would like to say that its our duty to learn and have a wholesome education even if the school does not provide it, to be responsible as world citizens. And there is no shortage of learning material in our modern world with the advent of internet and remote education system, the need is the will and desire to learn and not to worry about the grades and how much money we can make after getting a degree.

The purpose of degree in todays world is so that we can become slave to the companies and corporations, and the anti-climax is that these days it doesn’t even serve that purpose. Most educated people are unemployed or getting paid low salaries. The power structure does not want educated people because they are hard to enslave. So don’t expect the power system to help us get educated, we need to do it ourselves.

~ Mukta Gupta

in a comment on Facebook.

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RTE – Right to Education

December 14, 2010 in Uncategorized

The RTE got passed into an act in May 2009. Since then there have been several frantic conversations among parents of homeschoolers as to what exactly is the legal status of homeschooling in India. Other educational organizations have their own sets of concerns on the subject with alternative schools probably running into the most trouble, as conforming with the requirements of the RTE in some cases invalidates the purpose and functioning of the schools.

One way or the other, like any new major change, this is going to take some settling in.

While the RTE itself doesn’t mention homeschooling at all, Kapil Sibal has been known to have stated informally that homeschooling is not a problem.

You may download a copy of the RTE document: Right To Education or RTE 2009-The Right of Children to Free and Compulsory Education Act 2009

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Self-regulation for homeschooling in India

December 14, 2010 in Emails, Legal

I had touched this subject earlier, but I find myself thinking about it again and again.

All this RTE stuff makes me see how important it is for a child to learn – the need for it, the extents the government is willing to go and the extents the alternative education people are willing to go.

As I wrote about how I don’t desire for homeschooling to become an exception because it will be misused in a systematic manner by child labourers, I also am thinking about the need for regulation.

The fact is that when a child is homeschooled, his world and authority figures are literally the parents, and parents only. And parents are all kinds of people, ranging from completely child centric to people who may actually have opted out of education to ‘shape geniuses’. There is tremendous possibility for abuse that can remain virtually undetected, simply because the child doesn’t even go to school for teachers or peers to notice.

It set me thinking. If at all we come under the attention of the government, this is a valid concern, which we have no way of ensuring if we have a hope of carving out an exception. Even if we don’t come under government attention, I only think it is fair for some kind of regulation and formation of a body that can keep track of what people are up to.

As a parent aware of my own limitations, and out of concern for the well being of my child, I would want some kind of ‘reality check’.

Ways in which this could be done (of course under the management of a central body which should be formed anyway):

  • Child psychologist observations: Periodic – say twice a year conversations between the parents and child and a child psychologist. Not as an assessment, but more in terms of a person (experienced homeschooler?) who can sense a child’s well being.
  • Learning groups: Local groups to remain in touch with, with peer reviewed feedback. This can happily result in play opportunities for kids as well as a community and opportunities for learning from each other.
  • Learning reports: I don’t like this idea, but I’ve heard that they have it in quite a few places in the US and it works to create a system that allows freedom for home learning while ensuring that learning is happening
  • Other ways that are not evaluative, but can ensure that safety and attention to learning are happening.

I was imagining that a homeschooled child could be registered with a central body, and they could choose two or so regulatory mechanisms that would suit their style of learning and cause minimal interference.

This is out of the blue, but basically I am thinking that it might be a good idea for us to have some initiative toward assuming social/educational responsibility for our choices. If it comes to a mess with the RTE, it will support our efforts rather than expecting a blanket permission for whoever says they are homeschooling. Whether it comes to be a mess with the RTE or not, if we are practicing and promoting home schooling, I see it as some amount of ethical responsibility as to what arises out of it and if it really empowers the child, or we are claiming our freedom, but leaving gaping holes for irresponsible actions toward children.

This post is also a part of a series of emails I have written on various groups that I am re-publishing so that others may be able to refer to them.

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Children are clients with no rights

September 13, 2010 in Child Rights, Legal

Now that Nisarga is one, more and more people are getting agitated over my preference to not send him to school. There are many reasons, but one of the most important is that I would like him to not be away from me in a world where children inherently have no rights. There IS no one I would trust over him when it comes to him, and the world is just not ready for allowing this. Came across an example that is something most of us can recognize.

http://www.youtube.com/watch?v=2UO7EEPQxIo

It questions the situation as favouritism by a teacher for her child over another child in the class, but the problem is deeper. And its worldwide. As we institutionalize education and create templates of little people from children, there is no entity called the child in the equation. It is the subject, not a stakeholder. The child suddenly becomes a real person on maturity. In terms of rights, kids just don’t exist on the radar. The laws we have against child abuse are also made by adults about certain kinds of adult behaviour with kids. Other abuse continues unabated and enshrined as a part of society, culture and education.

This video from a Chinese classroom could have happened at any place in the world. Fact is, kids have no rights unless an adult thinks them worthy of defending. The two year old hitting back would be seen as a problem child. Other kids attacking the teacher to save her would be seen as plain wrong. Anarchy. Indiscipline. The system has absolutely no way for a child to question it.

We have child abuse helplines, but few kids who would know when they are being abused. Sometimes, they are wrong, sometimes, the abuser is wrong. How is a child to figure out how much of the duplicity could be challenged with the help of another adult?

All over the world, children watching another child being hit are taught to understand that the child is punished for something she did, when the reality is that they are seeing one person abuse another because that person is authority. Then we look at a society and wonder why there is so much injustice happening. If we grow up thinking that a person in authority abusing another is valid, why would a politician taking away entire fortunes from the masses be even noticed unless another ‘authority’ questions it? We have only learned to see might as right.

Kids are possibly one of the world’s biggest markets, education being a massive part of them. It is also the only market where the client has no say over the service being received. A kid can’t stand up and say “this is nonsense. i want to go home” or “I am the one paying you. Don’t treat me like shit.” because actually, they aren’t the ones paying. Its the parents paying and not on behalf of the kids, but to create something “standardized” out of them, regardless of who they are.

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Hello homeschoolers!

August 17, 2010 in Uncategorized

With this website, I make my small entry into the world of creating online resources for homeschoolers.

I extend a warm welcome to everyone, and I hope that we all can co-create this place into one that can be our virtual lounge, where we can read things of interest, express our stuff knowing that it fits in, and where we can interact with other homeschoolers to learn and grow together.

Where this initiative will take all of us, I don’t know, but I’m looking forward to it.