Model Self-Financed Independent Schools Code Version 2.0 Foreword Foreword FICCI Arise
Education is covered under the Seventh Schedule of activism and litigation. Several courts including the the Constitution of India that makes it a concurrent apex court have pronounced a number of judgments subject. The Constitution of India requires the State from time to time and number of cases are still to make effective provisions for securing the right pending. Educators have to unfortunately deal with to education. Over the years the central and state this regulatory maze almost on a daily basis. Quality governments have thus established a massive network becomes the victim as educators time gets diverted of schools. Various acts, legislations and GO’s have from classroom teaching to fixing avoidable regulatory been framed around school education, which were issues. primarily enacted to govern state owned schools. With the advent of independent schools that are set up by FICCI Alliance for Re-Imagining School Education private investment, the enactments were expanded to (FICCI ARISE) in collaboration with Shardul Amarchand cover these kind of schools too. Mangaldas & Co has prepared Model Education Code for Self-Financed Independent Schools for states for Self-financed independent school sector has grown regulating the establishment and operation of new manifold over the years. While in terms of physical schools and recognition of existing schools as self- spaces, self-financed independent schools constitute financed independent schools. The Model Code lays about 25% of total schools in the country, they cater down the framework for independent schools to to over 43% of school going students. Several such practice utmost levels of transparency and governance schools have been instrumental in introducing new through self-regulation and accountability. Equity, age pedagogy and classroom practices that are in tune Quality, Excellence and Partnerships are the core four with the present times and equip todays’ students pillars of this code. The Code prescribes a balanced with the right skillset and acumen to take on the framework that provides adequate autonomy to self- challenges of this new and rapidly changing world. financed independent schools to excel and renders Given the demographic state of our country, it is adequate powers to the state to regulate them. Parents important to further encourage long term and visionary shall be the winners who would then have a vast ‘Edupreneurs’ to enter the sector and upgrade/build variety of high quality schools of different genres to high quality 21st century ready schools. choose from for their wards.
Present regulations deal with state as well as self- financed schools. This leaves enough room for overlaps and ambiguity that leads to inspector raj, misguided
Mr Prabhat Jain Mr Naga Prasad Tummala Mr Manit Jain Chairman, FICCI ARISE Co-Chair, FICCI ARISE Co-Chair, FICCI ARISE
Model Self-Financed Independent Schools Code 3 Foreword
India has one of the world’s youngest population which However, incentivization is not the only factor that can be tapped by empowering them with skills and will attract private sector investments. It is equally knowledge to aid the country’s future development important that considerable autonomy is given plans. The recent draft New Education Policy, 2016 to private schools so that they can achieve their published by the Ministry of Human Resource and optimal potential. A good governance model with an Development (“Policy”) recognises this capacity appropriate framework of autonomy with accountability and recommends the Government to facilitate and is necessary to enable the school system to respond to encourage the educational institutions to improve the changing circumstances. their curricula. In view of the above, Shardul Amarchand Mangaldas & The Policy recognises that poor quality of learning at Co, in association with FICCI Alliance for Re-Imagining the schooling stage leads to poor learning outcomes at School Education (“FICCI ARISE”), has drafted a Model the higher education stage. One of the key challenges Self-Financed Independent Schools (Establishment in achieving universal good quality education is to and Regulation) Code, 2017 (“Model Self-Financed ensure access to early childhood education along with Independent Schools Code”). Our objective is to ensuring upward transition/mobility of students from impress upon the need to have an independent one education level to another. code for recognition and regulation of schools established as self-financed independent institutions. In order for the Government to discharge its It is imperative that these schools are encouraged to constitutional obligation of providing access to operate based on principles of self-regulation through good quality education to all, it is necessary for good governance and optimal disclosures. We hope the Government to embrace and encourage the that the Model Self-Financed Independent Schools participation of private players/foundations. Code will serve as a useful model draft for the various State Governments to adopt in order to encourage Over the last decade, the country has seen a spurt participation of private players/foundations along with in the growth of the education sector kindled by the addressing the concerns of all the stakeholders. increasing demand for good quality schools. The Policy recognises the need for investment in education by private providers through philanthropy and corporate sector responsibility, to supplement the Government’s Shardul S. Shroff efforts while also proposing to incentivize private Executive Chairman sector investment in education through tax benefits. Shardul Amarchand Mangaldas & Co
4 Shardul Amarchand Mangaldas & Co Introduction
The Indian education sector has evolved considerably over the last decade and garnered a lot of interest from all the stakeholders. One primary reason being the growing thrust and demand for quality education which has paved way for participation of private players/foundations in the establishment and operation of educational institutions.