Gujarat Assembly Passes Amendments to Secondary, Higher Secondary Education Act

Gandhinagar: The Gujarat Assembly has passed amendments to the Gujarat Secondary and Higher Secondary Education Act, 1972, covering school administration, staff recruitment, special educators, penalties for violations and representation on the education board.

The state government said the amendments are intended to bring changes to the regulatory framework for secondary and higher secondary schools.

Rules for school staff

Under the amended provisions, the Gujarat government will prescribe through rules the qualifications, service conditions and selection procedures for principals, teachers, special educators and non-teaching staff in registered government-aided secondary and higher secondary schools.

For registered private, non-grant schools, the government will prescribe the minimum qualifications for principals, teachers, special educators and non-teaching staff.

The amendments also provide for implementation of the state’s existing reservation policy in staff recruitment.

Provision for special educators

The amended law includes a provision for the recruitment of special educators in schools.

The government said the provision will support the availability of trained educators for students with disabilities and children with special educational needs. It also provides a legal basis for inclusive education for Children with Special Needs (CWSN).

Higher penalties for violations

The amendments increase penalties for certain violations by school managements.

In cases where an aided secondary or higher secondary school makes an illegal appointment of a principal or teacher, the previous provision of a Rs 1,000 fine has been replaced with a higher penalty under the amended provisions.

The amendments also introduce provisions concerning schools operating without required registration and prescribe penalties for such violations.

Another provision relates to the closure of registered secondary and higher secondary schools without following the prescribed procedure. The amended law provides for penalties in such cases.

Changes to Board representation

The amendments also modify provisions under Section 3(2) concerning Class-B elected members of the education board.

The changes cover representation of different categories of schools, including post-basic, registered secondary and higher secondary schools. The provisions also set out categories of schools and staff members for representation on the board.

The government said the amendments have been introduced with the interests of students in mind and cover school regulation, staff recruitment, inclusive education, penalties for violations and board representation.

How the amendments will affect schools

• Aided schools: Recruitment of principals, teachers, special educators and non-teaching staff will be governed by qualifications, service conditions and selection procedures prescribed by the state government.
• Private non-grant schools: The state government will prescribe minimum qualification requirements for principals, teachers, special educators and non-teaching staff.
• Reservation in recruitment: Schools will have to follow the state government’s existing reservation policy while recruiting staff.
• Special educators: Schools will have a legal framework for the appointment of special educators to support students with disabilities and other special educational needs.
• Illegal appointments: School managements making appointments in violation of the prescribed rules will face higher penalties than under the earlier provision. The previous Rs 1,000 fine has been increased under the amendments.
• Unregistered schools: The amendments introduce penalties for operating secondary or higher secondary schools without the required registration.
• School closure: Managements will face penalties for closing a registered secondary or higher secondary school without following the prescribed procedure and notice requirements.
• Board representation: The composition and representation of different categories of schools under the education board will change under the amended provisions concerning Class-B elected members.
• Greater regulatory oversight: The changes are intended to reduce differences in the legal provisions applicable to aided and non-grant schools and provide the education board with a clearer regulatory framework.