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There are a few amendments made to the RTE 2009 Act with these changes.
The Amended as per the ACT are in italics. My comments are in normal bold font.
1. (1) This Act may be called the Right of Children to Free and Compulsory Education (Amendment) Act, 2019.
So now RTE will be RCFCE :). Free and Compulsory words have been added to emphasize the same.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
March 2019 these amendments came into force.
2. In the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the principal Act), for section 16, the following section shall be substituted, namely:—
“16. (1) There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year.
So this change means that now after grade 5 and grade 8, Final Exams would be conducted. The reason for this change is explained in the next point.
(2) If a child fails in the examination referred to in sub-section (1), he shall be given additional instruction and granted opportunity for re-examination within a period of two months from the date of declaration of the result.
If a child fails in the Final Exam of Grade 5 or in Grade 8, within two months re-examination will be conducted. If the child passes this re-exam, then the child will move to the next grade.
(3) The appropriate Government may allow schools to hold back a child in the fifth class or in the eighth class or in both classes, in such manner and subject to such conditions as may be prescribed, if he fails in the re-examination referred to in sub-section
Now Schools will have the power to hold back a child in Grade 5 and Grade 8.
(2): Provided that the appropriate Government may decide not to hold back a child in any class till the completion of elementary education.
It will be the State Education Department’s decision if they allow the schools in the state to hold back a child in any grade less than Grade 8 or let the students continue till Grade 8 without being detained. This means that a few states will detain while others might not. This may lead to people moving to another state only to avoid getting detained. Also, the age factor will become an issue in future within schools and in many age governed competitive examinations.
(4) No child shall be expelled from a school till the completion of elementary education.”.
No school can now expell any student for any reason till grade 8.
3. In section 38 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:— “(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;”.
The clause basically provides power to a State Government’s Education Ministry to the conditions as per which a student may be detained back in a Grade.
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