Section 21 of The Right of Children to Free and Compulsory Education Act, 2009
- (1)A school, other than a school specified in sub-clause (iv) of clause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers: Provided that at least three-fourth of members of such Committee shall be parents or guardians: Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section: Provided also that fifty per cent. of Members of such Committee shall be women.
- (2)The School Management Committee shall perform the following functions, namely:--
- (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. 1[Provided that the School Management Committee constituted under sub-section (1) in respect of,--
- (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.] STATE AMENDMENT Rajasthan Amendment of section 21, Central Act No. 35 of 2009.—In sub-section (2) of section 21 of the principal Act,-
- (i)in clause (c), the existing word “and”, appearing at the end, shall be deleted; and
- (ii)after the existing clause (c), so amended, and before the existing clause (d), the following new clause shall be inserted, namely:- “(ca) ensure that teachers perform their duties specified by or under section 24; and”. [Vide Rajasthan Act 32 of 2017, s. 4.]
Summary
- Section 21 of the Right to Education Act requires most schools to set up a School Management Committee.
- Private schools that do not receive any government funds or grants are completely exempt from this requirement.
- At least seventy five percent of the committee must consist of parents or guardians of children admitted to the school.
- The committee must give fair, proportionate representation to parents of children from weaker sections and disadvantaged groups.
- At least fifty percent of the committee members must be women.
- The committee monitors the working of the school, prepares development plans, and tracks how government grants are spent.
- In minority schools and government aided schools, the committee only plays an advisory role.
Practical examples
FAQ
1. Which schools are required to set up a School Management Committee under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009?
Under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, all schools must establish a School Management Committee except for private, completely unaided schools.
2. What percentage of the School Management Committee must consist of parents or guardians under Section 21 of the education law?
Under Section 21 of the education law, at least three fourths, which is seventy five percent, of the committee members must be parents or guardians of the children admitted in the school.
3. Does the School Management Committee have decision making power in minority schools under Section 21 of the Right to Education Act?
Under Section 21 of the Right to Education Act, the School Management Committee in a school established and run by a religious or linguistic minority group performs an advisory role only, meaning it does not have binding decision making power.
4. What is the required proportion of women members on a School Management Committee under Section 21 of the Right to Education Act?
Under Section 21 of the Right to Education Act, at least fifty percent of the members of the School Management Committee must be women.
Test yourself
Q1.Under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, which of the following schools is completely exempt from the requirement to set up a School Management Committee?
Q2.Under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, what is the minimum percentage of the School Management Committee members that must be parents or guardians of children admitted to the school?
Q3.Under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, which of these groups must be given proportionate representation on the School Management Committee?
Q4.Under Section 21 of the Right of Children to Free and Compulsory Education Act, 2009, what kind of authority does the School Management Committee hold in government aided schools?