CABE to discuss bill to curb unfair practices of schools

NEW DELHI: The Human Resource Development Ministry's draft legislation to curb unfair practices in schools and intermediate colleges will be taken up for discussion at the Central Advisory Board of Education meeting to be held on June 7.

The Prohibition of Unfair Practices in Schools and Intermediate Colleges Bill, 2011, will be substantially based on the Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2011. Since, implementation of school education is the responsibility of state governments, a decision on the need for a malpractices law will have to be taken by states and not the Centre.

The idea of the legislation was mooted as some private school managements have been resorting to unfair practices. These would include demanding donations for making admissions, overcharging of fees, not issuing written receipts for payments made by students, non-refund of fees, not adhering to syllabus disclosed to public, admission through non-transparent processes, the level of quality of education provided not in keeping with the promises made through prospectus and other publications of the school, misleading advertisements to cheat students and parents, employing unqualified or ineligible teachers, underpaying teachers and other employees and withholding of certificates and other documents of students who decide to migrate to other schools.

While Kendriya Vidyalayas, Navodaya Vidyalayas and other government schools are governed by the rules framed by the respective controlling authorities, private independent schools are expected to follow the affiliation bye-laws of CBSE or respective board. At present, the only penalty for violations for the private schools is disaffiliation from the Board. Given this, it becomes difficult to take any action against an errant school management as disaffiliation would only impact students. It is felt that the absence of a central law prohibiting donations and other unfair practices makes it difficult to take any effective deterrent action.

The proposed bill will be based on self-disclosure. The idea is to promote transparency through mandatory self disclosure in the prospectus and website. It will also provide adequate and accessible recourse for remedial action arising out of non-adherence to self disclosed details and norms. The proposal provides for prohibition of certain unfair practices in respect of schools, to protect the interest of students and applicants seeking admission to and studying in these schools. There will be criminal prosecution and civil penalties for violations.

It will have some built-in safeguards against any misuse of authority or unnecessary interference with the autonomy of institutions. Action would be taken only against institutions which fail to deliver on the promises it makes in its prospectus.

This would mean that institutions assume greater responsibility in informing students and other stake holders about its standards of quality, teaching faculty, other facilities and infrastructure.

The Bill would prohibit accepting any fee or charges by any institution without issuing receipt.