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Explained: What the law says on protecting children against corporal punishment

By definition, corporal punishment means punishment that is physical in nature. while there is no statutory definition of 'corporal punishment' targeting children in the indian law, the right of children to free and compulsory education (rte) act, 2009 prohibits ‘physical punishment’ and ‘mental harassment’ under section 17(1) and makes it a punishable offence under section 17(2)..

Three private school teachers in Pune have been booked under the Juvenile Justice Act over allegedly thrashing three Class 10 students, and threatening to grade them poorly in internal assessments. A look at the legal provisions that bar corporal punishment, and who has the responsibilty to protect children against abuse.

What is corporal punishment?

By definition, corporal punishment means punishment that is physical in nature. While there is no statutory definition of ‘corporal punishment’ targeting children in the Indian law, the Right of Children to Free and Compulsory Education (RTE) Act, 2009 prohibits ‘physical punishment’ and ‘mental harassment’ under Section 17(1) and makes it a punishable offence under Section 17(2).

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According to the Guidelines for Eliminating Corporal Punishment in Schools issued by the National Commission for Protection of Child Rights (NCPCR), physical punishment is understood as any action that causes pain, hurt/injury and discomfort to a child, however light. Examples include hitting, kicking, scratching, pinching, biting, pulling the hair, boxing ears, smacking, slapping, spanking, hitting with any implement (cane, stick, shoe, chalk, dusters, belt, whip), giving electric shock and so on. It includes making children assume an uncomfortable position (standing on bench, standing against the wall in a chair-like position, standing with school bag on head, holding ears through legs, kneeling, forced ingestion of anything, detention in the classroom, library, toilet or any closed space in the school.

Mental harassment, meanwhile, is understood as any non-physical treatment that is detrimental to the academic and psychological well-being of a child including sarcasm, calling names and scolding using humiliating adjectives, intimidation, using derogatory remarks for the child, ridiculing or belittling a child, shaming the child and more.

What are provisions under the law against such punishment?

Section 17 of the Right to Education Act, 2009, imposes an absolute bar on corporal punishment. It prohibits physical punishment and mental harassment to children and prescribes disciplinary action to be taken against the guilty person in accordance with the service rules applicable to such person.

Section 75 of the Juvenile Justice Act prescribes punishment for cruelty to children.

Whenever a child is assaulted, abused, exposed or neglected in a manner to cause physical or mental suffering by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, the punishment would be rigorous imprisonment upto five years and fine up to Rs 5 lakh.

If the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, then imprisonment may extend upto ten years.

Section 23 of the JJ Act, 2000 states: “Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.”

While Section 23 is likely to be applied most often to personnel in childcare institutions regulated by the JJ Act, it arguably applies to cruelty by anyone in a position of authority over a child, which would include parents, guardians, teachers and employers.

Meanwhile, the RTE Act does not preclude the application of other legislation that relates to the violations of the rights of the child, for example, booking the offenses under the IPC and the SC and ST Prevention of Atrocities Act of 1989.

In theory, corporal punishment is covered by all the provisions under Indian law that punish perpetrators of physical harm. While these provisions make no distinction between adults and children, in practice, corporal punishment in schools and other institutions tends not to be prosecuted because it is still accepted socially at several places.

Several provisions of the Indian Penal Code (IPC) relating to varying degrees of physical harm and intimidation can be used to prosecute perpetrators of corporal punishment against children in an institutional setting, depending on the situation and extent of the crime/act, including Section 305 pertaining to abetment of suicide committed by a child, Section 323 pertaining to voluntarily causing hurt or Section 325 which is about voluntarily causing grievous hurt, and so on.

What do NCPCR guidelines say about eliminating corporal punishment?

The NCPCR guidelines for eliminating corporal punishment against children require every school to develop a mechanism and frame clear cut protocols to address grievances of students.

Drop boxes are to be placed where the aggrieved person may drop his complaint and anonymity is to be maintained to protect privacy.

Every school has to constitute a ‘Corporal Punishment Monitoring Cell’ consisting of two teachers, two parents, one doctor, one lawyer (nominated by DLSA), counsellor, an independent child rights activist of that area and two senior students from that school. This CPMC shall look into complaints of corporal punishments.

Who is entrusted with the responsibility to ensure children are protected?

While a parent or caregiver can take the protection of the IPC and the JJ Act to file a police complaint in cases of corporal punishment, there are relevant authorities earmarked to ensure the protection of children in schools.

Under Section 31 of the RTE Act, the National Commission for Protection of Child Rights (NCPCR) and the State Commissions for Protection of Child Rights (SCPCRs) have been entrusted with the task of monitoring children’s right to education.

The state governments under their RTE rules have also notified block/district level grievance redressal agencies under the RTE Act.

In 2018, Maharashtra state education department issued a circular asking schools to adopt the NCPCR guidelines and conduct workshops for principals, teachers, support staff of all schools affiliated to any board on a priority basis. It asked schools to take an undertaking from teachers that they would not resort to any physical or mental harassment or discrimination against students.

In his written reply to a question in the Lok Sabha on corporal punishment, then union MHRD minister Prakash Javadekar had said on July 18, 2016 that “the Affiliation Byelaws of the Central Board of Secondary Education (CBSE) empower the School Managing Committee to place an employee under suspension if charged with cruelty with any student or employee of the school. CBSE has also issued guidelines to schools for ensuring an atmosphere free from fear in each affiliated school”.

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Right to Education

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National constitutions

The constitutions of several countries include provisions on the right to education.   For ex­ample, article 56 of El Salvador’s Constitution guarantees the right to education, and man­dates the provision of basic and special education freely to citizens.  Similarly, the South Af­rican Constitution safeguards its citizens’ right to basic formal education, which the state, through reasonable measures, must make progressively available and accessible.  South Afri­cans also have a constitutional right to be educated in the language of their choice in public educational institutions, taking into account equity, practicability and the need to redress the results of past racially discriminatory laws and practices.  Further, South Africa’s Constitu­tion provides for the right to establish and maintain private educational institutions that do not discriminate on the basis of race, are registered with the state, and maintain standards comparable to public schools (chap. 2, art. 29).

Content of the Right to Education and State Obligations

Legal standards on the right to education encompass two broad components: enhancement of access of all to education on the basis of equality and nondiscrimination, and freedom to choose the kind (public/private institutions) and content (religious and moral) of education.  Both aspects represent the spirit and cardinal essence of the right to education. 

The demanding nature of the obligations involved in ensuring the right to education is re­flected in the number and variety of reservations, declarations and objections relating to the relevant article in the Convention on the Rights of the Child.  However, at least four compo­nents of the right to education can be gleaned from various legal provisions on the right to education:

• Equal enjoyment of, and equal access to, educational opportunities and facilities

• Compulsory and free primary education

• Generally available and accessible secondary education, and equally accessible higher education

• Freedom of choice in education, and freedom to establish private institutions

The CESCR, in its General Comment 13 (see full text beginning at p. 316), identifies four elements of the state’s obligations with respect to the right to education.  These are (1) availability, (2) accessibility, (3) accept­ability and (4) adaptability.

Availability

The duty to provide compulsory and free primary education is undoubtedly a prerequisite for the realization of the right to education.  The CESCR in its General Comment 11 on article 14 of the ICESCR (see full text beginning at p. 313) considers that states parties have a clear and unequivocal obligation to draw up a plan of action for ensuring compulsory and free primary education.  The commit­tee has stated that lack of educational opportunities for children often reinforces their subjec­tion to various other human rights violations.

According to the Special Rapporteur on the Right to Education, "The state’s obligation to make primary education free of charge is frequently, albeit erroneously, associated with the State’s provision of primary education.  The State’s obligation to make primary education free is in quite a few countries implemented through subsidies to a diverse range of primary schools.” 7   She has also stated:

The first State obligation relates to ensuring that primary schools are available for all children, which necessitates a considerable investment.  While the State is not the only investor, international human rights law obliges it to be the investor of last resort so as to ensure that primary schools are available for all school-age children.  If the intake capacity of primary schools is below the number of primary-school aged chil­dren, legal provisions on compulsory education will not be translated into practice and access to education will remain a need rather than being a right. 9

The provision of secondary and higher education is also considered an important element of the right to education.  The requirement of "progressive introduction of free education” does not mean that a state can absolve itself from its obligations.

Finally, the CESCR has stated that a state party cannot escape the unequivocal obligation to adopt a plan of action on the grounds that the necessary resources are not available.

Accessibility

The second state obligation relates to accessibility.  At a minimum, governments are obli­gated to ensure the enjoyment of the right to education through guaranteeing access to exist­ing educational institutions by all on the basis of equality and nondiscrimination. 10   

The state’s affirmative obligation to ensure equal access to educational institutions encom­passes both physical and constructive access.  In the case of elderly persons, for example, the Vienna International Plan of Action on Ageing calls for easier physical access to institutions and constructive access to education through overcoming stereotyped images of older per­sons suffering from disabilities and/or being incapable of functioning independently. 11 Simi­larly, as provided for in article 10 of the CEDAW, governments are obligated to take all ap­propriate steps towards the "elimination of any stereotyped concepts of the roles of men and women at all levels and in all forms of education” through such means as encouraging "the revision of textbooks and school programs and the adaptation of teaching methods.”  Under that provision, women and girls also have a right to equal access to specific educa­tional in­formation (including family planning advice) and to sports programs.  Migrant workers and members of their families who are officially admitted into host nations are also guaranteed the right to constructive access to education as provided in article 14 and 15 of the European Convention on the Legal Status of Migrant Workers, in so far as the host nation must take action, where practicable, to teach in the migrant workers’ mother tongues. 13

The right to education has been affirmed for disabled persons.  Rule 6 of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities provides that "States should recognize the principle of equal primary, secondary, and tertiary educational opportu­nities for children, youth, and adults with disabilities, in integrated settings.” 14   To this end, the CESCR directs states parties to "ensure that teachers are trained to educate children with disabilities within regular schools and that the necessary equipment and support are available to bring persons with disabilities up to the same level of education as their non-disabled peers.” 15 Similarly, children with physical and mental disabilities are guaranteed the right to training towards "achieving the fullest possible social integration, individual development and . . . cultural and moral development” under article 13 of the African Charter on the Rights and Welfare of the Child. 16

Acceptability

The Special Rapporteur has said that "the State is obliged to ensure that all schools conform to the minimum criteria which it has developed as well as ascertaining that education is ac­ceptable both to parents and to children.” 17

This element involves the right to choose the type of education received, and the right to es­tablish, maintain, manage and control private educational establishments.  It does not, how­ever, require the state to provide the same ancillary benefits to private school pupils that public school pupils may enjoy, such as free transport by bus, free textbooks, or school meals. 18 Pupils and parents have a right to be free from indoctrination, and as such, manda­tory study of materials that are incongruent with a pupil’s religious or other beliefs may vio­late the right to education. 19

The right to found private educational institutions has been linked to freedom of expression.  In the landmark case of Archbishop Anthony O. Okogie et al. v. The Attorney General of La­gos , for example, the Nigerian Court of Appeals held that the government, in precluding pri­vate institutions, was abridging freedom of expression and the right of parents and guardians to "bring up their children and wards and to educate them in the best institutions they can think of and in the best traditions and manners they think such children and wards should be educated.” 20  

Although the freedom of choice and the freedom to establish private institutions are available to all persons, their benefits for cultural, racial, religious and linguistic minorities are par­ticularly significant.  To this end, article 5(1)(c) of the 1960 UNESCO Convention against Discrimination in Education recognizes "the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language.” For its part, article 13 of the Framework Convention for the Protection of National Minorities pro­vides that "persons belonging to a national minority have the right to set up and to man­age their own private educational and training establishments.” 21 Article 14 of the same text guarantees minorities the right to learn their own language.

The issue of language of instruction is an area that has spawned controversies.  The European Court of Human Rights has affirmed the right of the state to determine official languages of a country which are thus the languages of instruction in public schools, but has denied that there was a right to education in a language of one’s choice. 22

Another important element of acceptability relates to the child-friendly nature of the schools.  Based on the Convention on the Rights of the Child, "it is imperative that education respect the right of the child to be curious, to ask questions and receive answers, to argue and dis­agree, to test and make mistakes, to know and not know, to create and be spontaneous.” 23

Adaptability

Normally, what a child learns in school should be determined by his or her future needs as an adult.  However, the Convention on the Rights of the Child requires that the best interests of the child be given prominence.  Thus, the education system should remain adaptable, taking into account the best interests of the child.

Challenges, Opportunities and Strategies

Each state party’s right to education compliance can be measured using quantitative and qualitative indicators.  Among other things, quantitative indicators present tangible data on budgets, literacy rates, enrollment rates, and commuting times, dropout and repetition per­centages as distributed by gender, social class, age, geographic centers (e.g., by state and re­gion, urban vs. rural areas), religion and ethnicity.  In contrast, qualitative indicators assess nontangibles like class interaction, textbook content and pedagogical programs.  Assessing the qualitative aspects of education is far more complex than evaluating the quantitative status of education.  Such complexity is derived from the web of relationships involved in the right to education (e.g., the relationship between the state, parents and child; the relationship between the state and minorities; the relationship between the state and traditionally disen­franchised persons; and the relationship between the church and the state). 

In its General Comment 1, Reporting by state parties , para. 6, the CESCR observes that "it may be useful for States to identify specific benchmarks or goals against which their per­formance in a given area can be assessed . . . global benchmarks are of limited use, whereas national or other more specific benchmarks can provide an extremely valuable indication of progress.”  Paul Hunt suggests a three-step process for identifying and utilizing national benchmarks for measuring states’ performance on the right to education: first, selecting key indicators; second, setting national benchmarks; and third, monitoring the national bench­marks. 26 These steps merit further study, adaptation and experimentation. (See Module 19 for further discussion on indicators and benchmarks.)

The importance or role of budget analysis as a tool for human rights work goes beyond the compilation of numeric or statistical data.  It involves the interpretation and use of essential information on resource allocation for analysis or evaluation of official policies and priori­ties. When considering the expenditure dimensions of education, reference may be had to the percentage of the national budget allocated to education versus how much is actually spent per capita and overall at the national, regional, and state levels, as well as in relation to other sectors of the economy. 27    Increased budgetary allocation does not always translate to in­creased enjoyment of the right to education.  For example, in Nica­ragua, notwithstanding that the central gov­ernment’s single largest budgetary allocation was to the Ministry of Education in 1991 and 1992, the quality of education provided remained substandard with rising levels of illiteracy and with the vast majority of pri­mary school teachers boasting no formal educa­tion. 28 Budget analysis may provide an important framework to counter states par­ties’ claim of lack of resources as justifica­tion for noncompliance, as well as to moni­tor progressive realization of certain aspects of the right as well as to foster mobilization and intersectoral collaboration on the right to education. (See Module 19 on budget analysis.)

There remains the need for increased popu­larization of the right to education.  The lev­els of ignorance of the existence and nature of this important human right far exceed, and are clearly a factor in, the alarming illiter­acy rates among the world’s poorest popula­tions.  At the lo­cal levels, community-based educational and awareness activities targeting par­ents, women and school-aged children would help nurture the idea of education as a basic human right. 

Activist organizations may reinforce this right through action-oriented research that seeks to identify legal, institutional and other structural obstacles to the im­plementation of the right to education, and to explore practical solutions.  Legal advice and impact litigation may also prove critical to securing remedies as well as spurring important policy or legal reform that conduce to the realization of the right to education.

Author: The author of this module is Felix Morka.

USING MODULE 16 IN A TRAINING PROGRAM

1.   Kevin Watkins, Education Now: Break the Cycle of Poverty (Oxford: Oxfam International, 1999), 1-7.

2. African Charter on the Rights and Welfare of the Child, OAU Doc. CAB/LEG/24.9/49 (1990) ( not yet in force ).  See in particular article 20 ("States parties . . . shall in accordance with their means and national conditions take all appropriate measures . . . to assist parents and other per­sons responsible for the child and in case of need provide material assistance and support pro­grammes particularly with regard to . . . education . . . ”).

3. Additional Protocol to the American Convention on Human Rights in the Area of Economic, So­cial and Cultural Rights (Protocol of San Salvador), OASTS No. 69 (1988) ( signed 17 Nov. 1988) reprinted in 28 ILM 156 (1989), corrections at 28 ILM 573 and 1341 (1989), also re­printed in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II.82 Doc.6, Rev. 1 at 67 (1992).

4. European Convention on the Legal Status of Migrant Workers, ETS No. 93, adopted 24 Nov. 1977, entered into force 1 May 1983.  See the Belgian Linguistic case (European Court of Human Rights Publication Series A, vol. 6 at 31), which defines the right to education as a right of access to educational institutions "existing at a given time.”

5. Framework Convention for the Protection of National Minorities, ETS No. 157, entered into force 1 Feb. 1998, reprinted in 34 ILM 351 (1995).

  6 . Public Report on Basic Education in India (New Delhi: Oxford University Press, 1999), 3.

  7.        Commission on Human Rights, Preliminary Report of the Special Rapporteur on the Right to Education, Ms. Katarina Tomasevski, UN Doc. E/CN.4/1999/49 (13 Jan. 1999).

  8 .  Watkins, op. cit., 198-99.

9.  Ibid., paras. 51-52.

10 . Equality in law precludes discrimination of any kind; whereas equality in fact may involve the necessity of different treatment in order to attain a result which establishes an equilibrium be­tween different situations.  Minority Schools in Albania , Advisory Opinion, P.C.I.J., Series A/B-No.64 (1935).

11 . Report of the World Assembly on Ageing, Vienna International Plan of Action on Ageing , Vienna, 26 July-6 August 1982, recommendations 48 and 50 (UN Publication, Sales No. E82. I. 16).

12 .  Duru Amarachukwu, et al. v. Minister for Education, et al. , Federal High Court of Nigeria, Suit No. FHC\L\CS\94897, filed 25 Aug. 1997.

13 . European Convention on the Legal Status of Migrant Workers, art. 14, ETS No. 93, adopted 24 Nov. 1977, entered into force 1 May 1983.

14 . Standard Rules on the Equalization of Opportunities for Persons with Disabilities, annexed to 48/96 of 20 December 1993, rule 6, UN Doc. A/RES/48/96 (1993).

15 . CESCR, General Comment 5, Persons with disabilities (1994) , UN Doc. E/C.12/1994/13.

16 . African Charter , art. 13.  See note 3 above.

17 . See note 7 above.

18 . See, for example, Blom, Lindgren et al.  and Hjord et al. v. Sweden , Communication No. 191/1985, paras. 10.2-10.3; Communications Nos. 298 and 299/1988, paras. 10.2-10.4.

19 . See, for example, Hartikan v. Finland , Communication No. 40/1978, para. 10.4, where the UN Human Rights Committee ruled that the mandatory participation of children in the study of the history and religion of ethics must be neutral and objective.  See also Asbjørn Eide, Catarina Krause and Allan Rosas, eds., Economic, Social, and Cultural Rights: A Textbook .  (Dordrecht: Martinus Nijhoff Publishers, 1995), 206.

20 . Archbishop Anthony O. Okogie et al. v. The Attorney General of Lagos State , 2 NCLR 337 (1981).

21 . Framework Convention, art. 13.  See note 5 above.

22 . The Belgian Linguistic Case No. 2 (1968), Series A, No. 6; 1 EHRR 252.

23 .  Thomas Hammarberg, "A School for Children with Rights,” in Innocenti Lectures, (UNICEF In­ternational Child Development Centre, Florence, 1997).

24. Watkins, op. cit., 217.

25 . CESCR, State obligations, indicators, benchmarks and the right to education, background paper submitted by Paul Hunt, UN Doc. E/C.12/1998/11/at 3 (16 July 1998).

26 . Ibid., 6.

27 . Kate Halvorsen, "Notes on the Realization of the Human Right to Education,” Human Rights Quarterly 12 (1990): 358-61. 

28 . For a more detailed discussion of Nicaragua’s right to education compliance vis-à-vis its budget­ary allocations, see Baard-Anders Andreassen and Theresa Swinehart, eds., Human Rights in De­veloping Countries Yearbook 1991 (Oslo: Nordic Human Rights Publications, 1991), 281.

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The 14th Amendment Protects the Right to a Public Education

Over the years, the 14th Amendment of the United States Constitution has had an enormous impact on protecting individual rights in public elementary and secondary education. This has occurred through the United States Supreme Court’s interpretation of the Equal Protection Clause, the Due Process Clause, and the incorporation of other rights (like freedom of speech) to the states through the 14th Amendment.

Equal Protection Clause

The Equal Protection Clause of the 14th Amendment provides that a state may not “deny to any person within its jurisdiction the equal protection of the laws.” It applies to public elementary and secondary schools, as they are considered to be state actors. In 1954, the Supreme Court interpreted the Equal Protection Clause’s requirements in  Brown v. Board of Education . In perhaps one of the most famous and important cases issued by the Court, it stated:

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs…are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment.

That language, and the Court’s decision, had a dramatic impact on public education. Schools were required to end the discriminatory practice of segregating students based on race. While segregation was more prevalent in some states than in others, all public schools in all states that had segregated students needed to desegregate, or face claims that they were in violation of the 14th Amendment. What followed was roughly 50 years of desegregation efforts in public schools, and numerous court decisions regarding the constitutionality of those desegregation efforts.

Over time, the focus evolved from ending and remedying the vestiges of discriminatory practices to integration efforts that sought to promote the diversity of the student population in public schools. In some instances, these integration efforts were voluntary, meaning they were done by schools that had not segregated students in the past. These integration efforts continue to this day, and the predominant legal issues revolve around the extent to which race can be used as a factor in the assignment of students to certain schools in order to diversify the student body.

The language, and the logic, of the  Brown v. Board  decision also found its way into other types of Equal Protection claims. For example, in the mid-1970s, students with disabilities challenged their exclusion from public school on equal protection grounds. Two very influential lower court decisions,  PARC v Commonwealth of Pennsylvania , and  Mills v. Board of Education of the District of Columbia , relied on  Brown v. Board  and determined that students with disabilities could not be excluded from public school because of their disabilities.

Those court decisions led to a federal statute that imposed similar requirements on all public schools that accepted certain federal funds. That law turned into the Individuals with Disabilities Education Act (IDEA), which today applies to all public schools. The law requires public schools to provide all students with disabilities with a  Free and Appropriate Public Education (FAPE) . It also prohibits schools from expelling or suspending students with disabilities for longer than 10 days, when the student’s actions are caused by their disability.

Due Process Clause

Due process is another area of the 14th Amendment that has had a dramatic impact on individual rights in public education. The Due Process Clause says that states may not “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has interpreted this clause to have substantive and procedural protections. With substantive due process, the 14th Amendment protects a parent’s right to direct the educational upbringing of their child. Because of this right, the Supreme Court ruled that a state statute that prohibited the teaching of foreign language, and a state statute that required all students to attend public schools, as opposed to private schools, violated the 14th Amendment. See  Meyer v. Nebraska  and  Pierce v. Society of Sisters . The Court also ruled that a state statute that required Amish children to attend school past the eighth grade violated the substantive due process rights, and the religious freedom rights, of Amish parents to direct the educational and religious upbringing of their children. See  Wisconsin v. Yoder .

As a result of these substantive due process protections, all states currently have exceptions in their state compulsory attendance statutes that require students of certain ages to attend school. The exceptions allow for attendance at private schools, religious schools, and homeschool to meet the compulsory attendance requirements.

The procedural due process protections of the 14th Amendment have also played an important role in public education, particularly in the areas of student discipline and teacher employment. With student discipline, the Supreme Court has ruled that students have a “legitimate entitlement to a public education as a property right.” See  Goss v. Lopez . That right may not be taken away without first providing due process protections, which are generally notice of what the student is accused of doing, and the opportunity to be heard before the student is disciplined.

The required amount of notice and opportunity to be heard increases as the severity of the discipline increases. With minor disciplinary actions, an informal discussion with the principal may be sufficient to meet the requirements. For more severe discipline, such as expulsion, a more detailed hearing is generally required to give the student a chance to present evidence, and to cross-examine witnesses. As a result of these constitutional due process protections, all states have enacted statutes and regulations that provide due process protections for students during the discipline process.

A similar due process right applies to tenured teachers at public elementary and secondary schools. Once a teacher receives tenured status, they have a property interest in their continued employment, and must be provided with notice and a hearing before it may be taken away from them. See  Perry v. Sindermann .

Incorporation

The third area where the 14th Amendment has impacted public schools is in the application of other constitutional rights to the states through the 14th Amendment, via a concept known as  incorporation . Perhaps the biggest impact here has been the First Amendment’s right to free speech, although other protections like freedom of religion have also made their mark on public education.

In the area of free speech, the Supreme Court has said that students and teachers do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” See  Tinker v. Des Moines . While courts do give some deference to school administrators in making decisions about whether to prohibit certain student speech, the First Amendment requires schools to justify their decisions when they infringe on free speech rights. The level of justification required depends on the nature of the speech, and the nature of the restriction.

For example, in  Tinker v. Des Moines , students were protesting the Vietnam War by wearing armbands, and the school disciplined the students for doing so. The Supreme Court ruled that the discipline violated the First Amendment, because the school could not show that the speech could reasonably be expected to cause a substantial disruption with school activities or the rights of others. By contrast, in  Morse v. Frederick , the Supreme Court deferred to a school administrator’s judgment that a sign that said “Bong Hits 4 Jesus” promoted drug use, and upheld the discipline of the students that displayed the sign at a school event.

These are just a few examples of the many ways that the 14th Amendment impacts individual rights in public education. Many of these issues arise on a daily basis in public schools, and the 14th Amendment provides some constitutional protections of individual rights that schools must take into account when addressing them.

Scott F. Johnson

Scott F. Johnson is a Professor of Law at Purdue Global Law School (formerly Concord Law School), where he teaches Education Law and Special Education Law, among other topics. He has written a number of books and articles in the education law area. Professor Johnson’s law practice included education and special education cases, and he currently serves as a special education hearing officer for a state agency.

The views expressed in this article are solely those of the author and do not represent the view of Purdue Global Law School.

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What you need to know about the right to education

The Universal Declaration of Human Rights affirms that education is a fundamental human right for everyone and this right was further detailed in the Convention against Discrimination in Education. What exactly does that mean?

Why is education a fundamental human right?

The right to education is a human right and indispensable for the exercise of other human rights.

• Quality education aims to ensure the development of a fully-rounded human being.
• It is one of the most powerful tools in lifting socially excluded children and adults out of poverty and into society. UNESCO data shows that if all adults completed secondary education, globally the number of poor people could be reduced by more than half.
• It narrows the gender gap for girls and women. A UN study showed that each year of schooling reduces the probability of infant mortality by 5 to 10 per cent.
• For this human right to work there must be equality of opportunity, universal access, and enforceable and monitored quality standards.

What does the right to education entail?

• Primary education that is free, compulsory and universal
• Secondary education, including technical and vocational, that is generally available, accessible to all and progressively free
• Higher education, accessible to all on the basis of individual capacity and progressively free
• Fundamental education for individuals who have not completed education
• Professional training opportunities
• Equal quality of education through minimum standards
• Quality teaching and supplies for teachers
• Adequate fellowship system and material condition for teaching staff
• Freedom of choice

What is the current situation?

• About 258 million children and youth are out of school, according to UIS data for the school year ending in 2018. The total includes 59 million children of primary school age, 62 million of lower secondary school age and 138 million of upper secondary age.

155 countries legally guarantee 9 years or more of compulsory education

• Only 99 countries legally guarantee at least 12 years of free education
• 8.2% of primary school age children does not go to primary school  Only six in ten young people will be finishing secondary school in 2030 The youth literacy rate (15-24) is of 91.73%, meaning 102 million youth lack basic literacy skills.

  How is the right to education ensured?

The right to education is established by two means - normative international instruments and political commitments by governments. A solid international framework of conventions and treaties exist to protect the right to education and States that sign up to them agree to respect, protect and fulfil this right.

How does UNESCO work to ensure the right to education?

UNESCO develops, monitors and promotes education norms and standards to guarantee the right to education at country level and advance the aims of the Education 2030 Agenda. It works to ensure States' legal obligations are reflected in national legal frameworks and translated into concrete policies.

• Monitoring the implementation of the right to education at country level
• Supporting States to establish solid national frameworks creating the legal foundation and conditions for sustainable quality education for all
• Advocating on the right to education principles and legal obligations through research and studies on key issues
• Maintaining global online tools on the right to education
• Enhancing capacities, reporting mechanisms and awareness on key challenges
• Developing partnerships and networks around key issues

  How is the right to education monitored and enforced by UNESCO?

• UNESCO's Constitution requires Member States to regularly report on measures to implement standard-setting instruments at country level through regular consultations.
• Through collaboration with UN human rights bodies, UNESCO addresses recommendations to countries to improve the situation of the right to education at national level.
• Through the dedicated online Observatory , UNESCO takes stock of the implementation of the right to education in 195 States.
• Through its interactive Atlas , UNESCO monitors the implementation right to education of girls and women in countries
• Based on its monitoring work, UNESCO provides technical assistance and policy advice to Member States that seek to review, develop, improve and reform their legal and policy frameworks.

What happens if States do not fulfil obligations?

• International human rights instruments have established a solid normative framework for the right to education. This is not an empty declaration of intent as its provisions are legally binding. All countries in the world have ratified at least one treaty covering certain aspects of the right to education. This means that all States are held to account, through legal mechanisms.
• Enforcement of the right to education: At international level, human rights' mechanisms are competent to receive individual complaints and have settled right to education breaches this way.
• Justiciability of the right to education: Where their right to education has been violated, citizens must be able to have legal recourse before the law courts or administrative tribunals.

  What are the major challenges to ensure the right to education?

• Providing free and compulsory education to all
• 155 countries legally guarantee 9 years or more of compulsory education.
• Only 99 countries legally guarantee at least 12 years of free education.
• Eliminating inequalities and disparities in education

While only 4% of the poorest youth complete upper secondary school in low-income countries, 36% of the richest do. In lower-middle-income countries, the gap is even wider: while only 14% of the poorest youth complete upper secondary school, 72% of the richest do.

• Migration and displacement

According to a 2019 UNHCR report, of the 7.1 million refugee children of school age, 3.7 million - more than half - do not go to school. 

• Privatization and its impact on the right to education

States need to strike a balance between educational freedom and ensuring everyone receives a quality education.

• Financing of education

The Education 2030 Agenda requires States to allocate at least 4-6 per cent of GDP and/or at least 15-20 per cent of public expenditure to education.

• Quality imperatives and valuing the teaching profession

Two-thirds of the estimated 617 million children and adolescents who cannot read a simple sentence or manage a basic mathematics calculation are in the classroom.

• Say no to discrimination in education! - #RightToEducation campaign

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• The Convention on the Rights of the Child: The children’s version

Read and download the child-friendly text.

• Available in:

The United Nations Convention on the Rights of the Child is an important agreement by countries who have promised to protect children’s rights. 

The Convention explains who children are, all their rights, and the responsibilities of governments. All the rights are connected, they are all equally important and they cannot be taken away from children. 

Discover the child-friendly version of the Convention on the Rights of the Child:

Français  |  Español  |  العربية  |  中文

We all have rights 

Explore more  resources for parents and teacher  on child rights.  

Convention on the Rights of the Child: The children's version

1. definition of a child.

A child is any person under the age of 18.

2. No discrimination

All children have all these rights, no matter who they are, where they live, what language they speak, what their religion is, what they think, what they look like, if they are a boy or girl, if they have a disability, if they are rich or poor, and no matter who their parents or families are or what their parents or families believe or do. No child should be treated unfairly for any reason.

3. Best interests of the child

When adults make decisions, they should think about how their decisions will affect children. All   adults should do what is best for children. Governments should make sure children are protected and looked after by their parents, or by other people when this is needed. Governments should make sure that people and places responsible for looking after children are doing a good job. 

4. Making rights real

Governments must do all they can to make sure that every child in their countries can enjoy all the rights in this Convention.

5. Family guidance as children develop

Governments should let families and communities guide their children so that, as they grow up, they learn to use their rights in the best way. The more children grow, the less guidance they will need.

6. Life survival and development

Every child has the right to be alive. Governments must make sure that children survive and develop in the best possible way.

7. Name and nationality

Children must be registered when they are born and given a name which is officially recognized by the government. Children must have a nationality (belong to a country). Whenever possible, children should know their parents and be looked after by them.

8. Identity

Children have the right to their own identity – an official record of who they are which includes their name, nationality and family relations. No one should take this away from them, but if this happens, governments must help children to quickly get their identity back.

9. Keeping families together

Children should not be separated from their parents unless they are not being properly looked after – for example, if a parent hurts or does not take care of a child. Children whose parents don’t live together should stay in contact with both parents unless this might harm the child. 

10. Contact with parents across countries

If a child lives in a different country than their parents, governments must let the child and parents travel so that they can stay in contact and be together.

11. Protection from kidnapping

Governments must stop children being taken out of the country when this is against the law – for example, being kidnapped by someone or held abroad by a parent when the other parent does not agree.

12. Respect for children's views

Children have the right to give their opinions freely on issues that affect them. Adults should listen and take children seriously.

13. Sharing thoughts freely

Children have the right to share freely with others what they learn, think and feel, by talking, drawing, writing or in any other way unless it harms other people.

14. Freedom of thought and religion

Children can choose their own thoughts, opinions and religion, but this should not stop other people from enjoying their rights. Parents can guide children so that as they grow up, they learn to properly use this right.

15. Setting up or joining groups

Children can join or set up groups or organisations, and they can meet with others, as long as this does not harm other people.

16. Protection of privacy

Every child has the right to privacy. The law must protect children’s privacy, family, home, communications and reputation (or good name) from any attack.

17. Access to information

Children have the right to get information from the Internet, radio, television, newspapers, books and other sources. Adults should make sure the information they are getting is not harmful. Governments should encourage the media to share information from lots of different sources, in languages that all children can understand. 

18. Responsibility of parents

Parents are the main people responsible for bringing up a child. When the child does not have any parents, another adult will have this responsibility and they are called a “guardian”. Parents and guardians should always consider what is best for that child. Governments should help them. Where a child has both parents, both of them should be responsible for bringing up the child.

19. Protection from violence

Governments must protect children from violence, abuse and being neglected by anyone who looks after them.

20. Children without families

Every child who cannot be looked after by their own family has the right to be looked after properly by people who respect the child’s religion, culture, language and other aspects of their life.

21. Children who are adopted

When children are adopted, the most important thing is to do what is best for them. If a child cannot be properly looked after in their own country – for example by living with another family – then they might be adopted in another country.

22. Refugee children

Children who move from their home country to another country as refugees (because it was not safe for them to stay there) should get help and protection and have the same rights as children born in that country.

23. Children with disabilities

Every child with a disability should enjoy the best possible life in society. Governments should remove all obstacles for children with disabilities to become independent and to participate actively in the community.

24. Health, water, food, environment

Children have the right to the best health care possible, clean water to drink, healthy food and a clean and safe environment to live in. All adults and children should have information about how to stay safe and healthy.

25. Review of a child's placement

Every child who has been placed somewhere away from home - for their care, protection or health – should have their situation checked regularly to see if everything is going well and if this is still the best place for the child to be.

26. Social and economic help

Governments should provide money or other support to help children from poor families.

27. Food, clothing, a safe home

Children have the right to food, clothing and a safe place to live so they can develop in the best possible way. The government should help families and children who cannot afford this.

28. Access to education

Every child has the right to an education. Primary education should be free. Secondary and higher education should be available to every child. Children should be encouraged to go to school to the highest level possible. Discipline in schools should respect children’s rights and never use violence.

29. Aims of education

Children’s education should help them fully develop their personalities, talents and abilities. It should teach them to understand their own rights, and to respect other people’s rights, cultures and differences. It should help them to live peacefully and protect the environment.

30. Minority culture, language and religion

Children have the right to use their own language, culture and religion - even if these are not shared by most people in the country where they live.

31. Rest, play, culture, arts

Every child has the right to rest, relax, play and to take part in cultural and creative activities.

32. Protection from harmful work

Children have the right to be protected from doing work that is dangerous or bad for their education, health or development. If children work, they have the right to be safe and paid fairly.

33. Protection from harmful drugs

Governments must protect children from taking, making, carrying or selling harmful drugs.

34. Protection from sexual abuse

The government should protect children from sexual exploitation (being taken advantage of) and sexual abuse, including by people forcing children to have sex for money, or making sexual pictures or films of them.

35. Prevention of sale and trafficking

Governments must make sure that children are not kidnapped or sold, or taken to other countries or places to be exploited (taken advantage of).

36. Protection from exploitation

Children have the right to be protected from all other kinds of exploitation (being taken advantage of), even if these are not specifically mentioned in this Convention.

37. Children in detention

Children who are accused of breaking the law should not be killed, tortured, treated cruelly, put in prison forever, or put in prison with adults. Prison should always be the last choice and only for the shortest possible time. Children in prison should have legal help and be able to stay in contact with their family.

38. Protection in war

Children have the right to be protected during war. No child under 15 can join the army or take part in war.

39. Recovery and reintegration

Children have the right to get help if they have been hurt, neglected, treated badly or affected by war, so they can get back their health and dignity.

40. Children who break the law

Children accused of breaking the law have the right to legal help and fair treatment. There should be lots of solutions to help these children become good members of their communities. Prison should only be the last choice.

41. Best law for children applies

If the laws of a country protect children’s rights better than this Convention, then those laws should be used.

42. Everyone must know children's rights

Governments should actively tell children and adults about this Convention so that everyone knows about children’s rights. 

43 to 54. How the Convention works

These articles explain how governments, the United Nations – including the Committee on the Rights of the Child and UNICEF - and other organisations work to make sure all children enjoy all their rights.

Learn more about the Convention on the Rights of the Child

Convention on the rights of the child text.

Read and download the Convention on the Rights of the Child – the most widely ratified human rights treaty

Child rights and why they matter

Discover the reasons for singling out children's rights in its own human rights Convention

History of child rights

International standards on child rights have advanced dramatically over the past century – explore the milestones

Quiz: Why do children have their own rights?

Find out how much you know about child rights!

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Convention on the rights of the child.

[ESPAÑOL]    [FRANÇAIS]

Bare Acts Live

• 1. Short title, extent and commencement.
• 2. Definitions.
• 3. Right of child to free and compulsory education.
• 4. Special provisions for children not admitted to, or who have not completed, elementary education.
• 5. Right of transfer to other school.
• 6. Duty of appropriate Government and local authority to establish school.
• 7. Sharing of financial and other responsibilities.
• 8. Duties of appropriate Government.
• 9. Duties of local authority.
• 10. Duty of parents and guardian.
• 11. Appropriate Government to provide for preschool education.
• 12. Extent of school's responsibility for free and compulsory education.
• 13. No capitation fee and screening procedure for admission.
• 14. Proof of age for admission.
• 15. No denial of admission.
• 16. Examination and holding back in certain cases.
• 17. Prohibition of physical punishment and mental harassment to child.
• 18. No school to be established without obtaining certificate of recognition.
• 19. Norms and standards for school.
• 20. Power to amend Schedule.
• 21. School Management Committee.
• 22. School Development Plan
• 23. Qualifications for appointment and terms and conditions of service of teachers.
• 24. Duties of teachers and redressal of grievances.
• 25. PupilTeacher Ratio.
• 26. Filling up vacancies of teachers.
• 27. Prohibition of deployment of teachers for noneducational purposes.
• 28. Prohibition of private tuition by teacher.
• 29. Curriculum and evaluation procedure.
• 30. Examination and completion certificate.
• 31. Monitoring of child's right to education.
• 32. Redressal of grievances.
• 33. Constitution of National Advisory Council.
• 34. Constitution of State Advisory Council.
• 35. Power to issue directions.
• 36. Previous sanction for prosecution.
• 37. Protection of action taken in good faith.
• 38. Power of appropriate Government to make rules.
• 39. Power of Central Government to remove difficulties.
• 1. Short title and commencement.
• 3. Composition and functions to the School Management Committee.
• 4. Preparation of School Development Plan.
• 5. Special Training.
• 6. Area or limits of neighbourhood.
• 7. Financial Responsibility of the Central Government.
• 8. Academic responsibility of the Central Government.
• 9. Responsibilities of the appropriate Government and local authority.
• 10. Maintenance of records of children, by the local authority.
• 11. Admission of children belonging to weaker section and disadvantaged group.
• 12. Reimbursement of per-child-expenditure by the appropriate Government.
• 13. Documents as age proof.
• 14. Extended period for admission.
• 15. Recognition to school.
• 16. Withdrawal of recognition to school.
• 17. Minimum qualifications.
• 18. Relaxation of minimum qualification.
• 19. Acquiring minimum qualifications.
• 20. Salary and allowances and conditions of service of teachers.
• 21. Duties performed by teachers.
• 22. Maintaining pupil-teacher ratio.
• 23. Academic authority.
• 24. Award of certificate.
• 25. Performance of functions by the National Commission for Protection of Child Rights.
• 26. Manner of furnishing complaints before the National Commission for Protection of Child Rights.
• 27. Performance of functions by the State Commission for Protection of Child Rights.
• 28. Manner of furnishing complaints before the State Commission for Protection of Child Rights.
• 29. Constitution of the National Advisory Council.
• 30. Functions of the National Advisory Council.
• 31. Constitution of the State Advisory Council.

The Right of Children to Free and Compulsory Education Act, 2009

(35 of 2009)

Last Updated 31th December, 2019 [21/959]

Preliminary

(a) "appropriate Government" means-

(i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no Legislature, the Central Government;

(ii) in relation to a school, other than the school referred to in sub-clause (i), established within the territory of-

(A) a State, the State Government;

(B) a Union territory having Legislature, the Government of that Union territory;

(b) "capitation fee" means any kind of donation or contribution or payment other than the fee notified by the school;

(c) "child" means a male or female child of the age of six to fourteen years;

(d) "child belonging to disadvantaged group" means [a child with disability or] a child belonging to the Scheduled Caste, the Scheduled Tribe, the socially and educationally backward class or such other group having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or such other factor, as may be specified by the appropriate Government, by notification;

(e) "child belonging to weaker section" means a child belonging to such parent or guardian whose annual income is lower than the minimum limit specified by the appropriate Government, by notification;

[(ee) "child with disability" includes,­

(A) a child with "disability" as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)Act, 1995;

(B) a child, being a person with disability as defined in clause (j) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999;

(C) a child with "severe disability" as defined in clause (0) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.]

(f) "elementary education" means the education from first class to eighth class;

(g) "guardian", in relation to a child, means a person having the care and custody of that child and includes a natural guardian or guardian appointed or declared by a Court or a statute;

(h) "local authority" means a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchayat or Panchayat, by whatever name called, and includes such other authority or body having administrative control over the school or empowered by or under any law for the time being in force to function as a local authority in any city, town or village;

(i) "National Commission for Protection of Child Rights" means the National Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006);

(j) "notification" means a notification published in the Official Gazette;

(k) "parent" means either the natural or step or adoptive father or mother of a child;

(l) "prescribed" means prescribed by rules made under this Act;

(m) "Schedule" means the Schedule annexed to this Act;

(n) "school" means any recognised school imparting elementary education and includes-

(i) a school established, owned or controlled by the appropriate Government or a local authority;

(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;

(iii) a school belonging to specified category; and

(iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;

(o) "screening procedure" means the method of selection for admission of a child, in preference over another, other than a random method;

(p) "specified category", in relation to a school, means a school known as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School or any other school having a distinct character which may be specified, by notification, by the appropriate Government;

(q) "State Commission for Protection of Child Rights" means the State Commission for Protection of Child Rights constituted under section 3 of the Commissions for Protection of Child Rights Act, 2005(4 of 2006).

Right To Free And Compulsory Education

Chapter III

Duties Of Appropriate Government, Local Authority And Parents

(a) develop a framework of national curriculum with the help of academic authority specified under section 29;

(b) develop and enforce standards for training of teachers;

(c) provide technical support and resources to the State Government for promoting innovations, researches, planning and capacity building.

(a) provide free and compulsory elementary education to every child:

(i) provide free elementary education to every child of the age of six to fourteen years; and

(ii) ensure compulsory admission, attendance and completion of elementary education by every child of the age of six to fourteen years;

(b) ensure availability of a neighbourhood school as specified in section 6;

(c) ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds;

(d) provide infrastructure including school building, teaching staff and learning equipment;

(e) provide special training facility specified in section 4;

(f) ensure and monitor admission, attendance and completion of elementary education by every child;

(g) ensure good quality elementary education conforming to the standards and norms specified in the Schedule;

(h) ensure timely prescribing of curriculum and courses of study for elementary education; and

(i) provide training facility for teachers.

(d) maintain records of children up to the age of fourteen years residing within its jurisdiction, in such manner as may be prescribed;

(e) ensure and monitor admission, attendance and completion of elementary education by every child residing within its jurisdiction;

(f) provide infrastructure including school building, teaching staff and learning material;

(g) provide special training facility specified in section 4;

(h) ensure good quality elementary education conforming to the standards and norms specified in the Schedule;

(i) ensure timely prescribing of curriculum and courses of study for elementary education;

(j) provide training facility for teachers;

(k) ensure admission of children of migrant families;

(l) monitor functioning of schools within its jurisdiction; and

(m) decide the academic calendar.

Responsibilities of Schools and Teachers

(a) specified in sub-clause (i) of clause (n) of section 2 shall provide free and compulsory elementary education to all children admitted therein;

(b) specified in sub-clause (ii) of clause (n) of section 2 shall provide free and compulsory elementary education to such proportion of children admitted therein as its annual recurring aid or grants so received bears to its annual recurring expenses, subject to a minimum of twenty-five per cent.;

(c) specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent. of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:

(a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged;

(b) subjects a child to screening procedure, shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions.

(a) monitor the working of the school;

(b) prepare and recommend school development plan;

(c) monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and

(d) perform such other functions as may be prescribed.

(a) a school established and administered by minority whether based on religion or language; and

(b) all other aided schools as defined in sub-section (ii) of clause (n) of section 2, shall perform advisory function only.]

(a) maintain regularity and punctuality in attending school;

(b) conduct and complete the curriculum in accordance with the provisions of sub-section (2) of section 29;

(c) complete entire curriculum within the specified time;

(d) assess the learning ability of each child and accordingly supplement additional instructions, if any, as required;

(e) hold regular meetings with parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other relevant information about the child; and

(f) perform such other duties as may be prescribed.

Curriculum And Completion Of Elementary Education

(a) conformity with the values enshrined in the Constitution;

(b) all round development of the child;

(c) building up child's knowledge, potentiality and talent;

(d) development of physical and mental abilities to the fullest extent;

(e) learning through activities, discovery and exploration in a child friendly and child-centred manner;

(f) medium of instructions shall, as far as practicable, be in child's mother tongue;

(g) making the child free of fear, trauma and anxiety and helping the child to express views freely;

(h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.

Protection Of Right Of Children

(a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation;

(b) inquire into complaints relating to child's right to free and compulsory education; and

(c) take necessary steps as provided under sections 15 and 24 of the said Commissions for Protection of Child Rights Act.

Chapter VII

Miscellaneous

(a) the manner of giving special training and the time-limit thereof, under first proviso to section 4;

(b) the area or limits for establishment of a neighbourhood school, under section 6;

(c) the manner of maintenance of records of children up to the age of fourteen years, under clause (d) of section 9;

(d) the manner and extent of reimbursement of expenditure, under sub-section (2) of section 12;

(e) any other document for determining the age of child under sub-section (1) of section 14;

(f) the extended period for admission and the manner of completing study if admitted after the extended period, under section 15;

[(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;]

(g) the authority, the form and manner of making application for certificate of recognition, under sub-section (1) of section 18;

(h) the form, the period, the manner and the conditions for issuing certificate of recognition, under sub-section (2) of section 18;

(i) the manner of giving opportunity of hearing under second proviso to sub-section (3) of section 18;

(j) the other functions to be performed by School Management Committee under clause (d) of sub-section (2) of section 21;

(k) the manner of preparing School Development Plan under sub-section (1) of section 22;

(l) the salary and allowances payable to, and the terms and conditions of service of, teacher, under sub-section (3) of section 23;

(m) the duties to be performed by the teacher under clause (f) of sub-section (1) of section 24;

(n) the manner of redressing grievances of teachers under sub-section (3) of section 24;

(o) the form and manner of awarding certificate for completion of elementary education under sub-section (2) of section 30;

(p) the authority, the manner of its constitution and the terms and conditions therefor, under sub-section (3) of section 31;

(q) the allowances and other terms and conditions of appointment of Members of the National Advisory Council under sub-section (3) of section 33;

(r) the allowances and other terms and conditions of appointment of Members of the State Advisory Council under sub-section (3) of section 34.

The Schedule

(See sections 19 and 25)

Norms and Standards for a School

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Updated Biden administration rules will soon affect students across US: What to know

Students and school employees across America will be impacted in the fall by new changes to a rule that affects all federally-funded schools.

Practically, it's a sweeping update to how schools will have to handle sex discrimination and abuse cases. Politically, it's a part of a power struggle between the Trump and Biden administrations.

What's new? The Biden administration released a new set of rules this week overhauling the Trump administration's Title IX rules – which gave more rights to alleged perpetrators of sexual assault and harassment. The new rules also stipulate further protections for LGBTQ+ students as well as parenting and pregnant students.

What is Title IX? Title IX is a civil rights law that bans sex discrimination against students, employees and others at public schools, colleges and universities that receive federal funding.

What were some of the old rules? For cases of sexual assault, they stipulated that schools only had to investigate claims that met a certain threshold of sex discrimination and were made through a formal reporting process. It also raised the bar of proof for sexual misconduct on college campuses. They prohibited investigations of cases that occurred off campus.

Why does the change matter? Critics argued the Trump-era rules prevented people accused of sexual harassment, assault or discrimination from facing repercussions. Supporters contended the rules rightly strengthened due-process protections for accused students or faculty members.

Biden's new Title IX rules will affect people on the nation's school campuses starting in August.

What happened this week?

The Biden administration's new set of guidance overhauls Trump-era rules that in part narrowed which and how schools could investigate sex discrimination cases. President Joe Biden in his 2020 presidential campaign vowed to overturn the changes made under Education Secretary Betsy DeVos.

The new rules expand the definition of sexual assault and harassment. That means schools could investigate more cases of discrimination, abuse or harassment filed by people on school campuses under the scope of the law.

College student survivors will no longer be required to attend live hearings or go through cross examinations. And people will be given the right to "prompt and equitable grievance procedures," the rule reads.

LGBTQ+ students will be guaranteed protection under the law if they are discriminated against for their gender identity or sexual orientation.

Pregnant and parenting students who might receive unwanted sexual attention, shame or punishment at schools will also be granted more protections from sex discrimination in the admissions process and on campus.

“These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights," said U.S. Secretary of Education Miguel Cardona.

Who is impacted by the changes to Title IX?

The rule changes have a wide range of effects on students, among the most notable examples:

• Sexual assault survivors : The new rules will have sweeping effects on survivors of sexual misconduct and those accused of crimes. Among the changes: The definition of sexual assault will be expanded in K-12 schools and colleges.
• LGBTQ+ students : Biden's Title IX update stipulates protections from sex discrimination based gender identity for the first time.
• Pregnant and parenting students : The new regulations extend the definition of "sex-based harassment" to include pregnant people on campuses.

Ruling on transgender student participation in sports remains unsettled

The Biden administration did not rule on whether transgender and nonbinary students can participate on the sports teams that align with their gender.

The administration released a proposed rule in April 2023 that said schools and colleges largely could not ban nonbinary and transgender students from sports teams in the new Title IX rules.

Contact Kayla Jimenez at [email protected] .  Follow her on X at @kaylajjimenez.

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Biden administration adds Title IX protections for LGBTQ students, assault victims

Tovia Smith

"Our nation's educational institutions should be places where we not only accept differences, but celebrate them," U.S. Education Secretary Miguel Cardona, seen in the East Room of the White House in August 2023, said of the new Title IX regulation. Brendan Smialowski/AFP via Getty Images hide caption

"Our nation's educational institutions should be places where we not only accept differences, but celebrate them," U.S. Education Secretary Miguel Cardona, seen in the East Room of the White House in August 2023, said of the new Title IX regulation.

The Biden administration released rules Friday that protect the rights of LGBTQ students and change the way schools can respond to allegations of sexual assault and misconduct. It's a long-awaited answer to campaign promises made by President Biden to reverse Trump-era regulations he said were silencing survivors.

The Education Department's updates to Title IX , the 1972 law prohibiting sex discrimination in federally funded school programs, are expected to go into effect Aug. 1.

Under the new rules, in-person, court-like proceedings for allegations of sexual assault — including cross-examination of alleged victims — are no longer required. That rolls back Trump administration protections for accused students that victims' advocates say retraumatized survivors and discouraged reporting. Schools will now have the flexibility to question witnesses in live hearings or in separate meetings. If a school chooses to hold a live hearing, alleged victims have the right to attend remotely.

The Biden administration also broadened the definition of what counts as sexual harassment, so more cases might qualify as serious enough to require a school investigation. That reverses Trump-era regulations that had narrowed harassment to what is "objectively offensive."

"Our nation's educational institutions should be places where we not only accept differences, but celebrate them. Places that root out hate and promote inclusion, not just because it's the right thing to do, but because our systems and institutions are richer for it," Education Secretary Miguel Cardona said on a call with reporters Thursday.

Perhaps most contentious, the new rules also officially broaden the interpretation of Title IX to cover pregnant, gay and transgender students.

"Title IX requires more, and these final regulations provide it," said Catherine Lhamon, Education Department assistant secretary for civil rights, who also served in the same position in the Obama administration.

Under the new interpretation, it could be a violation of Title IX if schools, for example, refuse to use the pronouns that correspond with a student's gender identity.

Republican Rep. Virginia Foxx, chairwoman of the House Committee on Education and the Workforce, blasted the updated regulation, saying "it dumps kerosene on the already raging fire that is Democrats' contemptuous culture war that aims to racially redefine sex and gender."

The Biden administration's changes avoid the controversial question of whether schools can ban transgender athletes from competing on women's and girls' teams. Officials have proposed a separate rule on that issue, which they say is still in the works, but offered no timeline.

The new regulations drew predictably mixed reviews.

"After years of pressure from students and survivors of sexual violence, the Biden administration's Title IX update will make schools safer and more accessible for young people, many of whom experienced irreparable harm while they fought for protection and support," Emma Grasso Levine, a senior manager at the advocacy group Know Your IX , said in a statement to NPR.

But critics say the changes violate due process rights for accused students.

"The Department of Education should recognize that removing procedural protections for students is the exact opposite of fairness," Will Creeley, legal director at FIRE, the Foundation for Individual Rights and Expression, said on social media . "And by expanding the definition of sexual harassment, the new regulations threaten expressive rights."

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Speaker Johnson goes to Columbia University to condemn pro-Palestinian protests

As campus protests against Israel’s war in Gaza grip the country, House Speaker Mike Johnson, R-La., visited Columbia University in New York City on Wednesday to demand the university president’s resignation after meeting with her -- and to equate the student protestors who have built an encampment on campus to Hamas.

Johnson also said he would explore ways Congress could cut off federal funding to universities that fail to rein in protests.

What You Need To Know

As  campus protests against israel’s war in gaza  grip the country, house speaker mike johnson, r-la., visited columbia university in new york city on wednesday to demand the university president’s resignation after meeting with her he also equated the student protestors who have built an encampment on campus to hamas protestors have pushed back on the accusations of antisemitism, insisting antisemitic rhetoric has been used only by individuals unassociated with the main protest encampment on campus. the protest was organized in part by pro-palestinian jews the protestors at columbia university and on dozens of other campuses across the country say they want their institutions to divest from weapons manufacturers and israeli companies, and to denounce what the students and faculty members involved in the protests call a genocide in gaza.

“It’s detestable that Columbia has allowed these lawless agitators and radicals to take over,” Johnson said, calling on university president Columbia University President Minouche Shafik to resign. “The virus of antisemitism is spread across other campuses.”

“Columbia's administrators have chosen to let the threats, the fear and intimidation of the mob rule to overtake American principles like free speech and the free exchange of ideas and the free exercise of religion,” Johnson said of the largely peaceful protest which hosts nightly Muslim and Jewish prayers. This week, Jewish students involved in the pro-Palestinian protest movement held Passover seders.

Johnson and other congressional Republicans who joined him were greeted by boos, curses and chants from pro-Palestinian protestors.  Journalists  in person at the press conference said Johnson was occasionally  inaudible  amid the din.

“We can’t hear you,” the protestors chanted at one point.

The Louisiana Republican went on to describe the protests as “pro-Hamas,” citing  a statement from the U.S.-branded terror group  that said the protests were “helpful to our cause.” The protests are calling for an end to the conflict and for their universities to divest from Israeli companies and end their relationships with the Israeli government. Columbia University, for example, does not have relationships with Hamas that could be protested.

“If you want a cease-fire, the fastest way for a cease-fire to occur is for Hamas to surrender and to release the hostages,” Rep. Anthony D’Esposito, R-N.Y., said at the press conference. “And if you can't call for that, you are a pathetic embarrassment to this institution and to students everywhere. It is time for President Shafik to resign in disgrace.”

Last week, over 100 protesters were arrested at Columbia University for trespass, the New York City Police Department said. Mayor Eric Adams said at the time the arrests were made without incident. On Tuesday night, administrators gave protesters a midnight deadline to clear their encampment, but later agreed to another 48 hours to continue negotiations

“The president shares the representatives focus on and commitment to the safety and security of all members of the cannabis community. And she appreciates help from all of those who offer it,” Columbia University vice president for communications Ben Chang said during a virtual briefing after Johnson’s remarks. “As we are seeing on campuses from California to Texas, from Minnesota to Massachusetts, several universities are confronting immense and similar challenges.”

Protestors have pushed back on the accusations of antisemitism, insisting antisemitic rhetoric has been used only by individuals unassociated with the main protest encampment on campus. The protest was organized in part by pro-Palestinian Jews.

“More than 50 Jewish students were arrested alongside other students at this university,” one organizer said at a press conference earlier on Wednesday. “The university itself sicced the NYPD on Jewish students. So this is a safety concern that concerns us all.”

Elsewhere in New York on Tuesday night, 209 activists working with the group Jewish Voice for Peace were arrested for disorderly conduct as they  protested the war outside Senate Majority Leader Chuck Schumer’s home . Schumer was in Washington, shepherding a foreign aid bill that included $26 billion in military aid for Israel and another $9 billion for humanitarian aid in Gaza. Biden  signed the aid package into law  on Wednesday morning.

The protestors at Columbia University and on dozens of other campuses across the country say they want their institutions to divest from weapons manufacturers and Israeli companies, and to denounce what the students and faculty members involved in the protests call a genocide in Gaza.

Israel’s six-month bombardment of Gaza — in retaliation for a Hamas attack last October that killed 1,200 Israelis and foreign nationals and saw around 250 taken hostage — has in turn killed at least 34,000 Palestinians, left tens of thousands more injured, displaced millions and pushed hundreds of thousands to the brink of famine. Women and children have died by the thousands,  every university in Gaza has been destroyed  and the U.N.  reported the discovery of mass graves  this week.

While at Columbia University, Johnson said he planned to call President Joe Biden, who has also condemned the protests, after leaving New York on Wednesday to demand he take action. He stopped short of calling on the president to send in the National Guard, but said “if these threats and intimidation are not stopped, there is an appropriate time for the National Guard. We have to bring order to these campuses. We cannot allow this to happen around the country.”

Sens. Josh Hawley, R-Mo. and Tom Cotton, R-Ark., along with Anti-Defamation League CEO Jonathan Greenblatt, had  already called  for the National Guard to quell the largely peaceful Columbia University protest.

Protest organizers said late Tuesday night that Columbia University administrators threatened to call the NYPD and the National Guard on them. Chang, the university vice president for communications, called the allegation “baseless” and “unsubstantiated” on Wednesday.

New York GOP Reps. D’Esposito, Nicole Malliotakis and Mike Lawler — as well as House Education Committee Chair Virginia Foxx, R-N.C. — also demanded Shafik to resign at the event. Shafik has been strongly opposed to the protests and worked to end them, but their continuation has shown the Republicans she “cannot control the campus,” as Malliotakis said during her remarks.

Shafik “cannot keep the students who are of Jewish faith, who pay a lot of money and have worked very hard to get to an Ivy League institution like this… she cannot keep them safe,” said Malliotakis, who represents Staten Island and part of Brooklyn.

Democratic New York Reps. Jerry Nadler, who is Jewish, and  Adriano Espaillat  denounced Johnson’s appearance, accusing him of failing to address antisemitism in his own party. Nadler noted Johnson just last week met with John Hagee, a pastor who  believes  Jews need to return to Israel to usher in the apocalypse and the second coming of the Messiah. He has also said Adolf Hitler and the Antichrist are both Jewish, and that  Jews were to blame for the Holocaust  for their  “disobedience”  to the “one true God.”

“You cannot simultaneously give a platform to extreme, far-right Christian nationalists one day and pay lip service to the Jewish community the next,” Nadler  wrote on social media  alongside a photo of Hagee and Johnson smiling together. “If the Speaker wants to actually combat antisemitism and not just score cheap political points, he must stop ignoring the antisemitism in his own party.”

Prior to Johnson’s press conference, student organizers and negotiators held a press conference of their own to lay out their demands and perspective.

“We've known across history, student movements have been at the forefront of social justice movements and in changing the tides,” one of the protest organizers said at their Wednesday press conference. “It's not just our universities, our universities are an emblem of the larger United States government and their own complicity in making money off of massacre.”

Protests continued to spread on Wednesday, with students at  Harvard University ,  the University of Texas at Austin  and  the University of Southern California  joining the dozens of universities and colleges that had mimicked the Columbia University protest — which itself was adopting tactics that had originated on other campuses, albeit garnering less national attention.

At UT-Austin, dozens of  heavily armed police officers  —  including some with long-rifles  — responded with force, arresting multiple protestors and fighting them  armed with riot shields and batons , according to footage posted by local journalists, students and professors. Some of the dozens of Texas Department of Public Safety law enforcement officers  were riding horses . At least 20 had been arrested as of Wednesday evening,  according to the Houston Chronicle .

Over 120 students, faculty and fellow protestors were arrested at New York University on Monday night, the NYPD said. At least 60 were arrested at Yale University early Monday morning. And at the University of Minnesota, nine were arrested on Tuesday. Another member of Congress, Rep. Ilhan Omar, D-Minn.,  joined protesters  there on Wednesday to show her support.

At California State Polytechnic University, Humboldt in northern California, campus remained closed on Wednesday, according to the university, after pro-Palestinian protestors seized a building and physically repelled riot police who attempted to retake it on Monday.

Preparing for the MCAT® Exam: Advice from a Medical Education Learning Specialist

New section.

Tips from the “Start your MCAT Prep Right with Proven Learning Strategies” Webinar 

In a recent live webinar, Shavonia Wynn, PhD, joined the Association of American Medical Colleges (AAMC) Medical College Admission Test® (MCAT®) team to discuss effective exam preparation strategies. The “Start your MCAT Prep Right with Proven Learning Strategies” webinar empowers viewers with evidence-based learning techniques to prepare for the MCAT exam and help improve their scores.  

Preparing for the MCAT exam can be a daunting task, but don’t be deterred. Wynn, a medical education learning specialist, has provided insight into how to effectively study for the exam. Read her tips for preparing for the exam below.  

Familiarize yourself with the exam’s structure and content. 

An important first step in preparing for the MCAT exam is to familiarize yourself with the exam’s structure and content. Learning as much as you can about the exam will create a strong foundation for your preparation and allow you to enter your test day comfortably.  

The structure of the MCAT exam will likely be very different from what most students are used to. You can begin to familiarize yourself with the exam structure by reading the MCAT Essentials . The MCAT Essentials is your guide to the official policies, processes, and procedures for taking the MCAT exam. In short, this document will help you navigate the registration process, test day, obtaining your scores, and more. Think of this document as your starting point toward MCAT success.  

After you understand the exam’s structure, you will want to learn all you can about the content tested in the exam. Wynn recommends starting with the What’s on the MCAT Exam? Content Outline . This resource contains a complete description of the content you are responsible for knowing and the skills you will be required to execute. The outline discusses the exam’s framework, which is organized by foundational concepts, content categories, and scientific inquiry and reasoning skills. The resource is available as a downloadable PDF and as a course in the MCAT Official Prep Hub .  

Set a baseline. 

Setting a baseline establishes a starting point for your exam preparation. It allows you to gauge your current skill level, identify knowledge gaps, and measure progress moving forward. One of the easiest ways to set your baseline is by taking a “cold” exam before you begin any preparation. Taking a cold exam serves two purposes: to accurately evaluate your current knowledge areas and to introduce you to the look and feel of the exam questions.  

Wynn recommends taking the AAMC’s unscored sample exam to set your baseline. While this exam does not provide a traditional three-digit score, it does provide a percent correct. You can then use this percent correct to measure your own knowledge against what Wynn considers a good starting point, which is 60-65% correct.  

Identify your strengths and weaknesses.  

You will want to review your practice exam by grouping content areas together in the content and skills breakdown rather than in the order the content appeared on the test. This will allow you to assess your strengths and weaknesses as they relate to the different content areas covered by the exam. 

A helpful feature of the What’s on the MCAT Exam? Content Outline Course is the ability to keep track of your areas of strength and weakness, ensuring that you do not miss any content needed for the exam. After you have completed your baseline assessment, you can use your results to assign each content area a label of low, medium, or high confidence. You can think about low confidence areas as things you will need to learn, medium confidence areas as things you will need to review, and high confidence areas as things you already know. Sorting the content in this way will help you clearly determine your areas of strength and weakness and indicate where to focus your studying. Your goal after sorting the content in this way should be to turn your low confidence areas into medium confidence areas and your medium confidence areas into high confidence areas.  

Create a study plan that works for you. 

The final step to kicking off your MCAT prep is to create a study plan. The best study plan is one that is tailored to your personal learning style and schedule. But, according to Wynn, there are a few things that should be included in every plan. These are content review and learning, retrieval practice, and practice exams.  

Content Review and Learning: You will want to work a few learning strategies into your study plan that can help you navigate content review and learning new content over the course of your studying. There are a lot of learning strategies out there so you may need to try a few different techniques to see what works best for you. Some learning strategies Dr. Wynn recommends exploring are watching videos, reading textbooks, creating real-life examples of the concepts, making flashcards, and joining study groups or online forums to ask questions and practice teaching content.  

Retrieval Practice: The MCAT exam will ask you to actively retrieve information to answer questions. The best way to prepare for this is to actively practice it during your studying. Retrieval practice is the art of recalling concepts from memory to enhance learning, strengthen connections, and increase the chances that you’ll be able to recall it in the future. The two main methods of retrieval practice are: answering practice questions and spaced repetition review most often utilized in the form of flashcards. The key to spaced repetition is to revisit newly learned materials early and often so that you can easily recall it on test day. Wynn recommends incorporating retrieval practice into your study plan consistently at least 5-6 days per week. 

Practice Exams: Full-length practice exams should serve as mile markers along your studying to measure where you are in relation to your goals. Wynn recommends scheduling practice exams at regular intervals along your preparation journey. These intervals could be after a significant amount of low and medium confidence areas are covered, after a significant amount of practice questions are completed, or after review of weaker areas is underway. Review your practice exam results and update your low, medium, and high confidence areas using the What’s on the MCAT Exam? Content Outline Course.  

A couple other things to keep in mind when creating your study plan are your score and progress goals, the amount of time you have before your exam date, and any obligations you may have outside of studying. The MCAT team has developed a six-step guide to help you develop your own study plan for examinees who are looking for help getting started. You can download the How to Create a Study Plan for the MCAT Exam guide here or access the online version of the guide from the MCAT Official Prep Hub .  

You can watch the entire webinar recording through the webinars section of the Premed Resources website .

If you want to learn more about the study strategies described in this article, be sure to check the What’s on the MCAT Exam? Content Outline, How to Create a Study Plan for the MCAT Exam guide, and other AAMC MCAT Prep resources in the MCAT Exam Prep Hub . 

Thank you to our contributor, Shavonia Wynn, PhD. Wynn is a Medical Education Learning Consultant for several medical schools and national organizations including the Medical College of Georgia, Morehouse School of Medicine, the United Negro College Fund (UNCF), and MedEd Learning.  

These learning techniques have been edited for length and are excerpted from the “Start your MCAT Prep Right with Proven Learning Strategies” webinar on March 12, 2024.  

Third-party test preparatory company names, products, and other trademarks are the property of the respective trademark holders. None of the trademark holders are endorsed by or affiliated with the AAMC.   

This testimonial was selected because it represents an interesting story and perspective. The views expressed herein are those of the presenter and do not necessarily reflect the positions or policies of the AAMC. Any reference in the testimonial to a specific third-party product, process, or service does not constitute or imply an endorsement by the AAMC of the product, process, or service or its supplier.