Indian Education Series - Right to Education Act and Its Impact on K-12 Schools

Indian Education Series - Right to Education Act and Its Impact on K-12 Schools

The RTE Act makes certain fundamental changes to the Indian education system and makes the recognition subject to fulfillment of the following conditions:

(i) Education for All: Reservation: It is mandatory for every unaided school to admit in Class I or such pre-school class, as the case may be, to the extent of at least 25% of the strength of that class, children belonging to weaker section and disadvantaged group in the neighborhood and provide free and compulsory elementary education till its completion. The unaided school providing free and compulsory elementary education, as aforesaid, will be reimbursed expenditure so incurred by the school, to the extent of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less.

(ii) Capitation Fee: While admitting a child, the trust/school is not permitted to collect any capitation fee and subject the child or his/her parents or guardian to any screening procedure. Any school or person receiving any capitation fee will be punishable with fine which may extend to ten times the capitation fee charged. Further, if any school or person subjects a child to screening procedure, it shall be punishable with fine which may extend to Rs. 25,000/- (Rupees Twenty Five Thousand) for the first contravention and Rs. 50,000/- (Rupees Fifty Thousand) each for subsequent contraventions.

(iii) Detention of Students: The school is obligated not to deny admission to any child for lack of proof of age and no child admitted will be held back in any class or expelled from school till the completion of elementary education. The child would not be required to pass any board examination till the completion of elementary education in a school and be subjected to physical punishment or mental harassment.

(iv) Pupil-Teacher Ratio: Every school would need to maintain the pupil-teacher ratio stipulated under the RTE Act and Rules. Additionally, the RTE Act and Rules also prescribe certain norms and standards pertaining to number of teachers; school building requirements; minimum number of working days/instructional hours in an academic year; minimum number of working hours per week for the teachers; teaching learning equipment library requirements; and play material, games and sports equipment, to be complied by the school for continued recognition of the school.

Failure to comply with the prescribed norms and standards can result in withdrawal of recognition granted to such school.

The primary focus of the Government of India for enacting RTE Act and Rules is to make good elementary education available to each and every child irrespective of his/her socio-economic background and private un-aided schools are being made to play an active role under the public-private participation in achieving this objective.

Seema Jhingan

Areas of Practice:

Infrastructure, Telecommunications, Power, Mergers/Acquisition, Software/Information Technology, Education, Business Process Outsourcing, Media & Entertainment, Private Equity and Venture Capital, General Corporate and Commercial, International Arbitration.

Professional Summary:

Seema Jhingan's practice spans over sixteen years during which she has acquired substantial expertise in representing developers, sponsors/lenders, education companies, service providers, venture capital investors, international corporations, financial institutions, and other strategic investors involved in the establishment, development and financing of major infrastructure and IT projects in India.

Seema is a Partner with a Delhi Based Law Firm LexCounsel Law Offices and regularly contributes to journals and publications and often takes up speaking engagements.

Seema can be reached at sjhingan@lexcounsel.in

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