Maharashtra: New RTE rules leave parents worried about school fees

Under the new rule students who fail Std V and VIII will be required to repeat the class. Representation Pic

The recent amendments to the Right to Education (RTE) Act have caused confusion among parents and educators due to a lack of clarity regarding fee reimbursement for students who fail in Std V and VIII. Under the new provisions introduced by the Maharashtra government, students who fail exams in these grades will be required to repeat the same class, even if given another opportunity to pass. Parents of students from economically weaker sections (EWS), who secured admission under the 25 per cent quota, expressed concern over their ability to afford the fees if their child must repeat a grade.

Changes in RTE Act 2009

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Previously, the RTE Act ensured that students from Std I to VIII could not be held back a grade. However, the revised guidelines now mandate annual examinations for students in Std V and VIII. According to the State Council of Educational Research and Training (SCERT), students who fail these exams will have the opportunity to retake them within two months. If they do not pass the retest, they will be retained in the same grade. The government in a gazette issued in June 2024 has clarified that children will be enrolled based on their age up to Std V. For admission to Std VI to VIII, passing the annual examination in Std V is now mandatory.

Fee reimbursement concerns

Under the original RTE provisions, the government provided a one-time fee reimbursement for students admitted under the Act. With the new rule, it remains unclear who will cover the fees if a student fails and repeats the same class. This uncertainty has raised concerns among parents, from economically weaker sections (EWS) who secured admission under the 25 per cent quota.

Mukund Kirdat of the AAP Parent Union has highlighted complaints that some schools in the state are expelling students after declaring them failed, despite the RTE Act's provision that no student should be expelled until completing primary education. "The responsibility for providing primary education rests with the government, and students cannot be expelled until their education is completed."

A senior official from the school education department said, "The education department is currently seeking guidance from the state government on whether it will cover the fee reimbursement for students who fail. The Director of Primary Education has formally requested clarification, but no response has been received yet."

Private schools favoured?

Activists meanwhile have claimed that the recent amendments are being made to favour private schools. In February, an amendment overturned the mandate requiring reputed self-financed and private unaided schools (Std I-VIII) to reserve 25 per cent of their seats under the RTE. This provision allowed financially disadvantaged students to access quality education in private schools. Now, students are ineligible for RTE admission to private schools if a government or aided school is within a one-kilometre radius.

This change has caused dissatisfaction among parents, education activists, and RTE advocates. Additionally, delays in government reimbursements have strained school administrators, and the amendment lacks clarity on fee reimbursement for RTE quota students who fail.

"The government needs to address this issue as soon as possible," said Arundhati Chavan from the Parents' Teachers' Association United Forum. "If not, many private and unaided schools will start charging fees from the parents of such students, creating a new vicious cycle. These students were admitted to private schools under the RTE quota and cannot afford the fees. As a result, parents may have no choice but to withdraw their children and enrol them in municipal or government-aided schools, which will be a win-win for both the government and private school management," Chavan added.