Resilient Businesses Move Their People To The Cloud

Every year, as the Atlantic hurricane season approaches many businesses have a nagging realization that they are at risk due to a catastrophic “Black Swan ” event. Black Swan events are a constant source of risk in states like Florida where many communities are subject to disruption due to coastal storms. This risk is particularly acute for businesses that depend on the storage of on-line data if there is a chance their critical data could become lost or corrupted. But the threat from Black Swan events isn’t limited to Florida, nor is it limited to large scale disruptive events like hurricanes.The black swan theory or theory of black swan events describes a disruptive event that comes as a surprise, has a major effect, and is often inappropriately rationalized after the fact with the benefit of hindsight. The term is based on an ancient saying which presumed black swans did not exist, but the saying was rewritten after black swans were discovered in the wild. Consider the following scenario…

“We tend to think of disasters in terms of the attacks on the World Trade Center, Hurricane Katrina, or other mega events. Sometimes, however, less notable events occur that can have a catastrophic effect on a business. In February 1981, an electrical fire in the basement of the State Office Building in Binghamton, New York, spread throughout the basement of the building setting fire to a transformer containing over a thousand gallons of toxin-laden oil. Originally thought to be PCBs, the toxins were soon determined to contain dioxin and dibenzofuran, two of the most dangerous chemicals ever created. The fire was smoky and quickly filled the 18-story building with smoke. As the transformer burned, the soot entered the buildings ventilation shafts and quickly spread toxic soot throughout the building. The building was so badly contaminated that it took 13 years and over $47 million to clean before the building could be reentered or used. Because of the nature of the fire, the building and its contents, including all paper records, computers, and personal effects of the people who worked there, were not recoverable. This type of event would be irrecoverable for many businesses.” – Operations Due Diligence, Published by McGraw Hill

What affect would a catastrophic hurricane that affected an entire region or a localized disruptive event like a fire have on the operation of your business? Could you survive that kind of interruption or loss? As the dependence on on-line data has grown in virtually every type of business, so has the risk that loss of their data could disrupt the operation of the business and even result in its complete failure. In response to these threats, there has been an evolution in the approaches used to mitigate these risks as the volume of on-line data has continued to grow. Originally, the concept of Disaster Recovery (DR) emerged as a mitigation strategy that focused on the recovery of critical data after a disruptive event by giving the business the ability to restore disrupted IT operations.

Disaster Recovery (DR) involves a set of policies and procedures that enable the restoration of critical business data and allows the IT infrastructure to be restored to a prior state. DR was originally seen as the domain of the IT department who were given responsibility for mitigating the risk. To minimize the risk, system backups were scheduled frequently and aggressive DR plans that included server cold start procedures and data backups were implemented.

The goal was to restore the infrastructure to the last point where the data had been backed up (at the time, typically on tape). The acceptable DR practices at the time allowed the IT system to be rebooted when the facility power was finally restored… Unless it was in a flood zone or the off-site backup storage facility had also been impacted. In either case, the operation of the facility could potentially be disrupted for some period of time and the data restoration was also potentially at risk depending on where backups were stored.

Now let’s roll the calendar ahead… As technology evolved so did the Disaster Recovery strategies, which lead to new concepts that evolved to the requirements for a Business Continuity solution as a means of mitigating risk. Still seen as the domain of IT, as technology moved towards solutions like shadow servers, distributed data locations and high speed bulk data transmission with hyper connectivity. Data no longer had to be “recovered”, it just had to be connected in distributed locations where it could be remotely accessed. Business Continuity mitigated the risk of data loss and allowed a business to recover much more quickly and efficiently from a Black Swan event because its servers never went completely down.

Business Continuity originally encompassed planning and preparation to ensure that an organization’s IT infrastructure remained intact enabling the business to efficiently recover to an operational state within a reasonably short period following a Black Swan event. Technology today has evolved towards cloud solutions that put both the data and the applications into remote “cloud” locations so it would seem the IT responsibility for mitigating the risk of on-line data loss or corruption has been solved. With highly connected, fully distributed solutions, some people feel the need for business continuity may be fading in criticality. Nothing could be further from the truth…

The fact is the risk was never solely in the loss of the data but the loss of the businesses ability to operate. There are businesses that cannot tolerate any disruption to their operations. These include healthcare, insurance, and communications companies, critical logistic suppliers, transportation providers and local governments. It is during Black Swan events that the services and products these businesses provide may be most needed. The requirements of other, less critical businesses, whose operations could be interrupted for days or even weeks, but who might face a significant financial risk, may also make their continued operation a matter of corporate survival.

Today’s technology has completely abstracted business processing and data from the user by moving critical IT infrastructures into the cloud. Cloud technology enables users to work from remote locations, but use of the cloud doesn’t fully mitigate operational risk. It means people have now replaced computers as the critical path to continued operations. The operation of the business is more likely to be interrupted because key personnel aren’t prepared to sustain operations during a Black Swan event. They don’t have a facility that has been proactively planned to support operations during disruptive events that could last for hours, days or weeks. Particularly in areas like Florida, where large natural disasters such as hurricanes can disrupt services to entire communities, resilient businesses need to prepare in advance for sustained operations during a disruptive event. The ability of a business to continue its operations during times of distress are a measure of the businesses resiliency.

Business Resiliency: takes business continuity to another level because it makes it the domain of operations management rather than leaving it solely as the domain of the IT Department. When planning for disaster recovery or business continuity the critical link is now the people who are needed to operate critical systems remotely. Yes, there are occasions where staff can work from home or from remote facilities the business may operate, however, this is not always a satisfactory answer and even when it is, businesses often find themselves scrambling to play catch up, trying to figure out who does what and “how can we get it done under these circumstances” situations. During Black Swan events including regional disruptions like hurricanes or local disruptions such as fires, many of the people the business relies on may not have power, internet or even a phone needed to enable them to work from home. Because you can’t put people in the cloud, Business Resiliency requires planning, training and practice so that your staff knows how and when to mobilize.

Resilient businesses integrate Black Swan response into their continuing operations so that, when they are needed, at a time when the business and the people are under stress, everyone knows how to respond efficiently and effectively and where to go to provide that response. Business resiliency requires a dedicated facility that has been hardened to withstand Black Swan events and has been designed to provide the support services the people and the IT infrastructure will both need. Business resiliency requires proactive planning and the integration of operating procedures into the businesses standard operating plans to include remote operations by trained critical staff who have been mobilized to respond during disruptive events and it requires proactive practice to ensure that, when remote operations are needed, the people are ready.

Save Your Small Business – 10 Crucial Strategies to Survive Hard Times Or Close Down & Move On

If there were ever a timely business book, “Save Your Small Business: 10 Crucial Strategies To Survive Hard Times or Close Down & Move On” by Ralph Warner and Bethany K. Laurence is certainly it. Promoted as a road map to small business survival, Warner and Laurence provide simple, no-nonsense, steps that can make a huge difference in running, saving, or if needed closing, your small business. Running a small business has always been hard, but currently it can be brutally agonizing, if not downright scary. This guide may just provide you with the information to make today’s bad economy, or bad economies in the future, opportunities so that in good times your business will be poised to thrive.

The book starts out saying it will be your small business companion, and recommends you create a business survival plan, prepare a current profit-and-loss statement and cash flow analysis, and establish an advisory board. It the delves into chapters that will provide the tools to help you decide whether it makes sense to continue, hibernate, close, or sell your business and offers some strategies you can implement to get your business back on track.

Chapter One: Can You Save Your Business? This chapter discusses topics such as planning for short and long term, selling your business, putting your business in hibernation, and saving your business. It also looks at some special considerations for retailers, services, construction, restaurants, wholesalers and importers, and franchises.

Chapter Two: Don’t Ignore Bad News. Why you can’t wait, cutting costs, changing direction, quitting and selling are addressed. There are also strategies on determining how much to cut expenses and acing slowly to reverse cutbacks.

Chapter Three: Control Your Cash Flow. This area can be one of the most important, especially for the small business. Topics include: Keeping paying your bills on time, how to create more cash, and what not to do, such as using merchant cash advances, maxing out credit cards, and borrowing against your house.

Chapter Four: Minimize Liability for Your Debts. Are you personally liable for business debts? Liability for jointly owned debt. What can creditors do if you don’t pay? Prioritizing debt payments, including payroll, taxes, utilities, and many more.

Chapter Five: Concentrate on What’s Really Profitable. Face it, the goal of a business is to make a profit. This chapter looks at getting a quick profits plan on paper, making money in a service business, and making money in retail or manufacturing. It is a short chapter, but if it gets you thinking about making a profit, it has done its job.

Chapter Six: Innovate on a Shoestring. Invention, Copying, Serendipity, and Making Innovation a Continuous Process are addressed in this chapter. This chapter may inspire you to brainstorm the next wonder gadget that every household must have. Depending on your business, this may be what you need.

Chapter Seven: Identify Your Customers. Before you can create an effective marketing plan, you need to know who your likely customers are. This chapter discusses aiming at the bull’s eye and filling in your target. Topics include current customers, need, price, access, and experience.

Chapter Eight: Don’t Waste Money on Ineffective Marketing. If we only knew which of our marketing efforts were producing the best results. This chapter helps you determine things about your marketing such as: Marketing the right products or services to the right people, not spending big dollars on advertising, asking long-term customers for support, encouraging customers to recommend your business, using paid listing effectively, marketing on your own website, and holding a “trying to stay in business” sale.

Chapter Nine: Handle Layoffs Fairly – And Keep Your Best People. Laying people off is often one of a business owners most dreaded tasks. This chapter provides guidance in this area by looking at: Making a wise layoff plan, the logistics of a layoff, and keeping the great people you hire. Some very good advice for this unfortunate part of business.

Chapter Ten: Don’t Work Too Much. What? If your business is floundering, you must work more, right? This chapter tackles the subjects of the importance of a sane schedule and how to work less and make more. Priorities and delegation are the keys the authors discuss.

Chapter Eleven: Work With Your Best Competitors. The four areas this chapter covers include: Treating competitors with respect, getting business from competitors, working for competitors, and working with competitors.

Chapter Twelve: How to Close Down Your Business. Most people don’t ever want this to happen, but the reality is that it does. This chapter offers some good strategies if you decide it is time to close the business and do something else. Topics include things like creating a closing team, looking at contractual obligations, dealing with landlords, collecting bills and selling off inventory, notifying and paying employees, liquidating assets, notifying creditors and customers, paying your debts, paying taxes, and dissolving your business entity. This is not a pleasant topic, but unfortunately an important one if you find yourself having to go this direction. The book provides guidance in the process.

Chapter Thirteen: Dealing With Debt: Bankruptcy and Its Alternatives. Introductory chapter on these topics with some good advice, but you will need more resources if you choose to go down the bankruptcy path, or better yet, seek counsel from a qualified professional.

Appendix A provides guidance on preparing a profit and loss forecast and a cash flow analysis. There are more complete references on these out there for sure, but this short bare bone basics on them will get you started and at least help you determine where you are at.

“Save Your Small Business” is a good guide for the struggling small business owner, and also provides information for the small business owner who doesn’t want to fall into hard times. Educating oneself regarding business is crucial for small business success. This is one more Nolo title that will help small business owners hopefully survive, but also liquidate and close with less pain if that is the course that must be taken.

A Review of Governance In Uganda: How Do We Move From Here?

Uganda’s political parties are important platforms for generating ideas from ordinary citizens and developing programs to mitigate them, through advocacy, legislative, legal, economic, and political means. They all matter in championing good governance in Uganda. However, for successful operations, exhibition of internal good governance practices is key. Leaders of political parties are servants of the members and citizens at large. Any shortfall in how best they have resolved to serve members and Ugandans implies collapse of the covenant that binds them with the people the look to serve. Of course, the consequences are severe and leaders of political parties pay heavily, either in a short run or long run.

The country has evolved to a level, where stakeholders in development take parallel paths, unwilling to compromise, and insensitive of the wishes of the people they lead.‎ This is not a new phenomena. The difference between the actions then and now are boldness and lack of remorse like gods of life, who control whatever consequences that comes with their actions.

The country has come a long way to where it is now. The country was found without strong control systems to guide leadership. The country was at stake, without direction‎, and a known future. At that time the country was experiencing the worst levels of economic and political crises in the history, largely self-propagated by elites of the day. This was a period of time stretching from Amin era (1971 to 1979), shortly after his fall (1979 to 1980), and in the early 1980s. From the same elites, more organised ones, enforcement of order and peace in a Uganda was done, which majority citizens yearned for, celebrate, took pride in, and worked hard to support for the country to prosper. The country has since 1986 been run on bases of ideological sanity, discipline of men and women in the forces, and elective offices, where citizens contest for the highest offices in the land, and elect leaders of their choice, only until concerns about increased foreign interests in governance distorted trust in countries own products of the struggle -democratic governance and rule of law. Otherwise, the country was liberated from lawlessness, political decay, and collapsed economy, to one of the fast developing economies it will in the region. This changed as priorities changed to invest in security more as ‘basis of good governance’ rather than in improving the quality of life of Ugandans as best measure of stability. However, looking back from where the country was in the 1980s to, moreso, around 2011, a lot of pride was felt by majority of Ugandans, appreciative of the instrumental leadership of the National Resistance Movement and Army. Even leaders across the political spectrum were proud and found a great foundation to build on towards a greater Uganda.

The National Resistance Movement leadership is undisputed at offering the most impacting leadership on country’s development since independence. However, time has come for us to reflect on ourselves as leaders and determine how much effort and influence on citizens we still having in terms of reducing inequalities, alleviating poverty, eliminating corruption, and saving collapsing business‎ of indigenous Ugandans, and recovering weak institutions of government. Also, we need to ask ourselves as leaders if, individually, there is any value added for our respective roles in the last 10 years, or if new values and leaders can be found to accelerate growth and development of the country. And, if not, what succession plan do we have in place for peaceful transition from less effective leaders to more visionary and results-centered one?

At the moment, we see a change of mandate from a pro-people to a cluster of groups of ‘governments’ that are constantly conflicting and stalling development programmes and service delivery, or simply determined to undermine central government’s efforts to operate effectively all-together. The atmosphere has not only hindered work and development, but given rise to worst forms of corruption in terms of nepotism, siphoning of public funds, and bribery to gain office or favour, yet these elements are almost unstoppable. The government of the day turns out to be toxic and an enemy of democracy. This means that political parties and alternative leadership will be no more in Uganda. As a consequence, this erodes same achievements Ugandans died for and labored to gain for over 40 years.

Still, it is Ugandans with keys to save the country from the sharp downturn and pending destruction of the very beautiful country – Uganda. The future of the country is taking the path of its predecessors -Uganda Peoples’ Congress and Democratic Party, which at their peak, lost democratic values and took a crashing dive into the ground. This will potentially mark the demise of the ruling party, which its leaders are reluctant to see. Fortunately, the ball is still in hands of the same leaders, who sacrificed tens of thousands of lives to dethrone ideologically corrupt governments, have all resources at their disposal to ensure that the worst does not happen to the governing political party, our people, and achievements from the same mistakes of oldest political parties and their leaders. Every election should be able to each us one or two things, especially understanding the wishes of the people and humility in service.

The country must confront new challenges with new solutions and drivers of the change Ugandans want to see. We can not afford rely on old ideas and rhetoric that have proved worthless in the previous 2 decades. It is impossible and experience has showed this dilemma. We have to own up the dilemma and take responsibility over where we want our political parties and country to be. We cannot keep resisting good change, good proposals, and cries of Ugandans dying from preventable diseases, poverty, and starvation, simply because they painfully remind political parties and leaders about how miserably they failed. At the end of the day, it is the people of Uganda, who always suffer because of corruption, election violence, poverty, inequalities, and marginalisation. We need to reform our political parties, return them to members and reflect wishes of citizens, whose membership and vote justifies their existence. We need to identify mistakes and consistently replace actors responsible. Above all, we may have to reconsider the 10 point programme and implement it without deviation. It is still a solid programme, which does not require alterations and challenging to implement. It was well intentioned and purposed, born out of consensus between patriotic Ugandans. The historical challenges since independence were taken care of by the same document -the 10 point programme. Indeed, reconsidering implementation of same document is direct remedy of current socioeconomic and political issues the country is facing. It will reduce tensions within political parties and among Ugandans. We do not have to look any further than his document. The agenda that came after it have proved worthless to Ugandans.

Also, it is important that we look beyond ourselves when discussing matters of national concern. The cries of the ordinary citizens are what should concern us most. The greatest mistake today is the use personal interests to influence national policies instead of participatory democracy and civic roles and actions put together. If we continue taking a parallel line with the people, the citizens of this beautiful country, we risk throwing it into the undesirable past, where leadership and grievances are met by violence and deaths. Surely, this is not what we need to see happen, well-knowing what they mean to us as leaders and the people we claim to lead.

We need to ‎address urgently the greed and violent attitudes mong ourselves. This politics of elimination is unsustainable as much as the consequences to such barbaric tendencies. After all, the life of the human terminators of life too comes to an end, either through revenge or natural death.

Therefore, it is pertinent for leaders and political parties to open up to the inevitable change that keep knocking on our doors: changing greed and violent attitudes, restoration of the rule of law, responsive leadership, and work towards transparent elections and accountable leadership. It is the wish of all Ugandans that political parties and leaders offer the much-needed change that nearly 1 million people died in vain for, a pro-people leadership, an accountable leadership, a leadership by consensus, guided by a citizen’s constitution, and a leadership that protects rather than kill or steal from Ugandans.

5 Steps to Move From Employee to Entrepreneur

Have you been considering quitting your day job in favor of starting a business? Have you just lost your job and are currently exploring alternative ways of earning a living? Have you always dreamt of owning your own business some day?

Before you take the leap of faith into self-employment, consider these 5 steps:

  1. Get clear on your goals/passions – It’s not enough to decide to become a business owner. There are several questions and things to consider before you move forward in becoming a business owner. You will need to think about what kind of business you wish to run. You`ll need to determine if you wish to grow it from scratch, buy an existing business or purchase an available franchise. But even before you decide that- you should think about how the business will fit in with the rest of your life. Running a business can be a huge commitment of time and money. So ask yourself what do you enjoy doing or what will bring you joy? You will spend much of your day on your business so it’s a good idea for the business to provide work you actually enjoy doing. Ask yourself what you are most passionate about? What would you love to do? What is your dream job/business?
  2. Do your research/homework – Don’t make any rash or impulsive decisions and don’t leave your day job until you are absolutely sure of what you want to do and have a plan for doing it. Take the time to do good research by researching the industry, the marketplace, your potential target clients, your competitors. Do proper business research including a SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis. Get a good handle on projected revenues and realistic operating costs as well as an understanding on how long it will take to breakeven and generate more revenues than expenses. Identify your personal strengths and skills and determine if there are any skills gaps. Determine how you will close any skill gaps or lack of expertise. Which gaps can be closed through skills training? Which gaps can be closed through recruiting the right people? Which gaps can be closed through coaching or mentoring? Determine what options and opportunities are available to you right now?
  3. Learn from others’ mistakes – There is no shortage of people who have started or run a business. Speak to as many people as you can who have gone before you. Learn what you can about what works, what doesn’t, and what mistakes others have made. Don’t waste valuable time and money. Be open to hearing others` perspectives on what they would have done differently. Hindsight is always 20/20.
  4. Business Plan ahead – Do the work and develop a business plan. While it may be a lot of work, it will be time well spent and most financial institutions will require one if you are searching for financing. The process of business planning is not only to prove to the bank that your business will be a success, it’s also a roadmap for you to follow to ensure success. Running your business finances can be like running your weekly, monthly or yearly personal budget – so if you haven’t developed good budgeting and financial management skills, it might be particularly challenging and doubly important to have a solid business plan.
  5. Hire a mentor – Starting and running a business can be challenging or even lonely at times. In addition to the day to day operations of the business, you may be mentally or emotionally overwhelmed by being a business owner. Having a safe place to go to for advice, guidance, and accountability or simply as a sounding board can be just what you need to help you make the transition into entrepreurship easier and smoother. Good coaching and mentoring can really help you fast track your transition.

While there are many advantages to being an entrepreneur, it`s important for you to also consider the downside of self-employment. Become a business owner armed with as much information, skills and tools you can to ensure a successful transition from employee to entrepreneur.

India’s Move to Right to Education

BACKGROUND.

It was Saturday afternoon; the world seemed to be on vacation but me, as I was busy serving guests at a lunch party at my masters’ residence. Chatting and laughing was loud enough to be heard in every nook and corner of the house. But those were of least concern to me, because I had to respond to every single call for any requirement at the very word of the guests or the master in particular. It was 2009, and I was just seven, wearing a sweater and a half pant, watching a bunch of people boasting about the achievements of their wards and trying to prove ones child better than the other. When suddenly, an old man read from a magazine that the government was to pass a new act namely, Right to Education Act. But to me those routine talks about the household work made more sense than this new coming up topic, because neither I could read or understand there high-level conversation, which had diverted there talks from their children, on top of that I didn’t even understand, what the word ‘right’ meant. That elderly fellow said something like…

History of the Act:

The Free and Compulsory Education Bill 2003 was the first attempt of the Central government to draft a comprehensive legislation on education after the 86th Constitutional Amendment that made education a fundamental right. The Bill was an excellent example of bureaucratic empowerment, creating up to 6 levels of various authorities to ensure the provision of free and compulsory education. Furthermore, the reservation of up to 25% of the private school seats for the economically backward students to be selected by these authorities ensured that the Bill was a throwback to the old licence-permit-raj regime. Following widespread criticism, the Bill was discarded.

The Right to Education Bill 2005 is the second attempt by the Central government to set the education system right. Some of the important provisions of the Bill:

• Promises free and compulsory education of equitable quality up to the elementary level to all children in the age group of 6 to 14.

• Mandates unaided private schools to reserve up to 25 percent of the seats for students from weaker sections. The schools will be reimbursed by the lower of the actual school fee or per student expenditure in the government school. The aided schools will reserve “at least such proportion of their admitted children as its annual recurring aid bears to its annual recurring expenses subject to a minimum of 25 per cent.”

• Requires all remaining students to be accommodated by opening new government schools and within three years of the passage all students to have a school to go within their own neighbourhood.

• Forms School Management Committees (SMCs) comprising parents and teachers for state schools and aided schools. The SMCs will own the assets of the school, manage the accounts, and pay salaries.

• Establishes a National Commission for Elementary Education to monitor the implementation of the Bill, State Regulatory Authorities to address grievances under the Bill, and several ‘competent authorities,’ ‘local authorities,’ and ’empowered authorities’ to perform a vast number of regulatory functions and meet out punishment to defaulters.

• Assigns all state school teachers to particular schools from which they will never be transferred-creates a school-based teacher cadre.

The finance committee and planning commission rejected the Bill citing the lack of funds and a Model bill was sent to states for the making necessary arrangements.

INTRODUCTION

As is evident, even after 60 years, universal elementary education remains a distant dream. Despite high enrolment rates of approximately 95% as per the Annual Status of Education Report (ASER 2009), 52.8% of children studying in 5th grade lack the reading skills expected at 2nd grade. Free and compulsory elementary education was made a fundamental right under Article 21 of the Constitution in December 2002, by the 86th Amendment. In translating this into action, the `Right of Children to Free and Compulsory Education Bill’ was drafted in 2005. This was revised and became an Act in August 2009, but was not notified for roughly 7 months.

The reasons for delay in notification can be mostly attributed to unresolved financial negotiations between the National University of Education Planning and Administration, NUEPA, which has been responsible for estimating RTE funds and the Planning Commission and Ministry of Human Resource and Development (MHRD). From an estimate of an additional Rs.3.2 trillion to Rs.4.4 trillion for the implementation of RTE Draft Bill 2005 over 6 years (Central Advisory Board of Education, CABE) the figure finally set by NUEPA now stands at a much reduced Rs.1.7 trillion over the coming 5 years. For a frame of reference, Rs.1 trillion is 1.8% of one year’s GDP.

Most education experts agree that this amount will be insufficient. Since education falls under the concurrent list of the Constitution, financial negotiations were also undertaken between Central and State authorities to agree on sharing of expenses. This has been agreed at 35:65 between States and Centre, though state governments continue to argue that their share should be lower.

KEY FEATURES OF THE ACT INCLUDE:

1. Every child from 6 to 14 years of age has a right to free and compulsory education in a neighbourhood school till completion of elementary education.

2. Private schools must take in a quarter of their class strength from `weaker sections and disadvantaged groups’, sponsored by the government.

3. All schools except private unaided schools are to be managed by School Management Committees with 75 per cent parents and guardians as members.

4. All schools except government schools are required to be recognized by meeting specified norms and standards within 3 years to avoid closure.

On the basis of this Act, the government has framed subordinate legislation called model rules as guidelines to states for the implementation of the Act.

The family, I had been working for, (walia family) had always been caring for me, with occasional slaps and abuses, to which I had become accustomed to and accepted them as a part and parcel of my monthly income of 700 Rs along with square meals and the discarded cloths of the children to the master. But then that was my life……bhaiya and didi (son and daughter to the master) were both elder to me by 4 or 5 years respectively and during my free time often played along with me, but again I was reminded of my being a servant whenever I forgot that…they had thought me to read and write my name in Hindi, which I always kept scribbling at the corners of the walls which resulted in a colour change of my cheeks to red from white, whenever caught. That Act being the burning topic of those days always managed to occupy some space at the front page of every news paper, which further became a topic of early morning drawing room discussion for the family as it was that day and just like every normal citizen he also started which his speech, with the critique of right to education act and its loop holes….

LOOPHOLES IN THE ACT

The Act is excessively input-focused rather than outcomes-oriented. Even though better school facilities, books, uniforms and better qualified teachers are important, their significance in the Act has been overestimated in the light of inefficient, corrupt and unaccountable institutions of education provision. Then the Act unfairly penalises private unrecognised schools for their payment of market wages for teachers rather than elevated civil service wages. It also penalises private schools for lacking the infrastructural facilities defined under a Schedule under the Act. These schools, which are extremely cost efficient, operate mostly in rural areas or urban slums, and provide essential educational services to the poor. Independent studies by Geeta Kingdon, James Tooley and ASER 2009 suggest that these schools provide similar if not better teaching services when compared to government schools, while spending a much smaller amount. However, the Act requires government action to shut down these schools over the coming three years. A better alternative would have been to find mechanisms through which public resources could have been infused into these schools. The exemption from these same recognition requirements for government schools is the case of double standards — with the public sector being exempted from the same `requirements’. By the Act, SMCs (school management committees) are to comprise of mostly parents, and are to be responsible for planning and managing the operations of government and aided schools. SMCs will help increase the accountability of government schools, but SMCs for government schools need to be given greater powers over evaluation of teacher competencies and students learning assessment. Members of SMCs are required to volunteer their time and effort. This is an onerous burden for the poor. Payment of some compensation to members of SMCs could help increase the time and focus upon these. Turning to private but `aided’ schools, the new role of SMCs for private `aided’ schools will lead to a breakdown of the existing management structures. Teachers are the cornerstone of good quality education and need to be paid market-driven compensation. But the government has gone too far by requiring high teacher salaries averaging close to Rs.20,000 per month. These wages are clearly out of line, when compared with the market wage of a teacher, for most schools in most locations in the country. A better mechanism would have involved schools being allowed to design their own teacher salary packages and having autonomy to manage teachers. A major problem in India is the lack of incentive faced by teachers either in terms of carrot or stick. In the RTE Act, proper disciplinary channels for teachers have not been defined. Such disciplinary action is a must given that an average of 25 percent teachers are absent from schools at any given point and almost half of those who are present are not engaged in teaching activity. School Management Committees need to be given this power to allow speedy disciplinary action at the local level. Performance based pay scales need to be considered as a way to improve teaching.

The Act and the Rules require all private schools (whether aided or not) to reserve at least 25% of their seats for economically weaker and socially disadvantaged sections in the entry level class. These students will not pay tuition fees. Private schools will receive reimbursements from the government calculated on the basis of per-child expenditure in government schools. Greater clarity for successful implementation is needed on:

• How will ‘weaker and disadvantaged sections’ be defined and verified?

• How will the government select these students for entry level class?

• Would the admission lottery be conducted by neighbourhood or by entire village/town/city? How would the supply-demand gaps in each neighbourhood be addressed?

• What will be the mechanism for reimbursement to private schools?

• How will the government monitor the whole process? What type of external vigilance/social audit would be allowed/encouraged on the process?

• What would happen if some of these students need to change school in higher classes?

Moreover, the method for calculation of per-child reimbursement expenditure (which is to exclude capital cost estimates) will yield an inadequate resource flow to private schools. It will be tantamount to a tax on private schools. Private schools will end up charging more to the 75% of students – who are paying tuition’s – to make space for the 25% of students they are forced to take. This will drive up tuition fees for private schools (while government schools continue to be taxpayer funded and essentially free).

Reimbursement calculations should include capital as well recurring costs incurred by the government.

By dictating the terms of payment, the government has reserved the right to fix its own price, which makes private unaided schools resent this imposition of a flat price. A graded system for reimbursement would work better, where schools are grouped — based on infrastructure, academic outcomes and other quality indicators — into different categories, which would then determine their reimbursement.

Quality of Education

The quality of education provided by the government system remains in question. While it remains the largest provider of elementary education in the country forming 80% of all recognized schools, it suffers from shortages of teachers, infrastructural gaps and several habitations continue to lack schools altogether. There are also frequent allegations of government schools being riddled with absenteeism and mismanagement and appointments are based on political convenience. Despite the allure of free lunch-food in the government schools, which has basically turned the schools into a “dhaba” and school teachers to “chefs”, many parents send their children to private schools. Average schoolteacher salaries in private rural schools in some States (about Rs. 4,000 per month) are considerably lower than that in government schools. As a result, proponents of low cost private schools, critiqued government schools as being poor value for money.

Children attending the private schools are seen to be at an advantage, thus discriminating against the weakest sections, who are forced to go to government schools. Furthermore, the system has been criticized as catering to the rural elites who are able to afford school fees in a country where large number of families live in absolute poverty. The act has been criticized as discriminatory for not addressing these issues. Well-known educationist Anil Sadagopal said of the hurriedly-drafted act:

“It is a fraud on our children. It gives neither free education nor compulsory education. In fact, it only legitimizes the present multi-layered, inferior quality school education system where discrimination shall continue to prevail.”

For me this new topic was like Ramayana being recited in the house, although Ramayana was still Hindi, but this was complete alien…it was Wednesday afternoon and the family members were all taking rest when I decided to run away from that house, and then actually did…but when was back home I was scolded brutally by my father who said ‘here comes one more, person with his mouth wide open, good for nothing creature’. After few days, I was as well enrolled in local village school, which served lunch to every student who attended the school. But the food wasn’t easy here too, every pupil was made to cook food and wash dishes, the left out time was utilized in fulfilling the desires of the school teacher. I did everything in the school but study. But my sister was not as lucky as me, although for sake of attending school, she was only enrolled in there but the reality was that she hardly attended any classes due to engagement in the household work, as that was more important and education for marriage than that what was written the school books. The only day we had a feast was when inspection was on the calendar. I did wanted to study but my pockets didn’t allow me, I always pondered but couldn’t make out what was wrong with my school when compared to those big ones in the cities but the answers were nowhere for me……

THINGS WHICH CAN BE DONE FOR THE IMPROVEMENT.

The RTE Act has been passed; the Model Rules have been released; financial closure appears in hand. Does this mean the policy process is now impervious to change? Even today, much can be achieved through a sustained engagement with this problem.

Drafting of State Rules

Even though state rules are likely to be on the same lines as the model rules, these rules are still to be drafted by state level authorities keeping in mind contextual requirements. Advocacy on the flaws of the Central arrangements, and partnerships with state education departments, could yield improvements in at least some States. Examples of critical changes which state governments should consider are: giving SMCs greater disciplinary power over teachers and responsibility of students learning assessment, greater autonomy for schools to decide teacher salaries and increased clarity in the implementation strategy for 25% reservations. If even a few States are able to break away from the flaws of the Central arrangements, this would yield demonstration effects of the benefits from better policies.

Assisting private unrecognized schools

Since unrecognized schools could face closure in view of prescribed recognition standards within three years, we could find ways to support such schools to improve their facilities by resource support and providing linkages with financial institutions. Moreover, by instituting proper rating mechanisms wherein schools can be rated on the basis of infrastructure, learning achievements and other quality indicators, constructive competition can ensue.

Ensure proper implementation

Despite the flaws in the RTE Act, it is equally important for us to simultaneously ensure its proper implementation. Besides bringing about design changes, we as responsible civil society members need to make the government accountable through social audits, filing right to information applications and demanding our children’s right to quality elementary education. Moreover, it is likely that once the Act is notified, a number of different groups affected by this Act will challenge it in court. It is, therefore, critically important for us to follow such cases and where feasible provide support which addresses their concerns without jeopardizing the implementation of the Act.

Awareness

Most well-meaning legislation’s fail to make significant changes without proper awareness and grassroot pressure. Schools need to be made aware of provisions of the 25% reservations, the role of SMCs and the requirements under the Schedule. This can be undertaken through mass awareness programs as well as ensuring proper understanding by stakeholders responsible for its implementation.

Ecosystem creation for greater private involvement

Finally, along with ensuring implementation of the RTE Act which stipulates focused reforms in government schools and regulation for private schools, we need to broaden our vision so as to create an ecosystem conducive to spontaneous private involvement. The current licensing and regulatory restrictions in the education sector discourage well-intentioned ‘entrepreneurs’ from opening more schools. Starting a school in Delhi, for instance, is a mind-numbing, expensive and time-consuming task which requires clearances from four different departments totaling more than 30 licenses. The need for deregulation is obvious.

Today, I am 15 in age, out of school and again away from home, working only to earn hand to mouth, to boast that am literate I have gained my elementary education but the fact is, I only know how to write my name in Hindi along with few more things and that’s not because of the school but I owe that to Mr walias’ children. And today, the biggest question for me is, why should anyone get enrolled in a school to gain elementary education, when that education is doing no good to him in the future? After 14 I had to leave the school, in spite of me being still in standard four, I couldn’t support my studies further so ultimately all my efforts went in vain, leaving me all to myself, just to ponder what should I do????

CONCLUSION:

The Act has failed in identifying what actually ails our education system and so not surprisingly it offers solutions that are either redundant or counter-productive. Its unrelenting faith in the bureaucracy and its seething animosity towards private initiatives in education reflect a bygone era. However well-intentioned the government may be, the central planning approach cannot serve the future needs of India. It has failed in economics and it cannot do any better in education. The promises made in the Bill then amount to political grandstanding.

The fulfillment of the constitutional obligation does not necessarily require the state to build and manage schools. It can discharge its obligation successfully by restricting its role to the provision of financial resources to those who cannot afford and enabling all parents to make informed choices. The education system should be designed in such a manner that there is competition and choice. The schools should compete with each other to attract students and the students should in turn have the freedom to choose their school. This would ensure the best allocation of scarce resources and an improving quality of education.

One way for the government to finance education that would guarantee access to school and would create right incentives for improving quality is to fund government schools on the basis of number students in the school. Instead of a lump sum grant, the government fixes a per student charge, which multiplied with the number of students, determines the grant that a school would receive. The state can also provide financial support to students in the form of a voucher that can be redeemed only at educational institutions to cover the expenses of education. With this education voucher, the student would be in a position to choose from amongst the various public and private schools.

This would ensure competition amongst schools and thus good quality education. Furthermore, the financial resources of the state would be put to more effective use by targeting them towards the poor only and by optimally utilizing the management skills of the private sector. There is no doubt that privately managed institutions have made a tremendous contribution to the cause of education, and in the last decade particularly the unrecognised private schools for the poor. It would be a tremendous loss of social capital if these schools were forced to close down. If the government opens a new school and runs well, there would be no reason for parents to send their children to a fee-charging, unrecognised school.

They would go out of business automatically. One more reason not to outlaw these schools with the passage of the Act is the chaos and harm it would create since they will have to close down well before the government will be able to open new schools across the country. In its zeal to fulfill its constitutional mandate, the government would achieve the opposite.

Instead of treating private initiative as inherently corrupt and exploitative, the government should channel the private enterprise to help expand access and improve quality of education. It has been done with great success in many areas.a

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