The National Education Policy (NEP) 2020, envisions a comprehensive revision and revamping of the education system, including its governance and regulation. The Department of School Education & Literacy remains committed to supporting students in achieving better learning outcomes, thereby ensuring an inclusive and effective education system.

In line with this commitment, the Central Government, through notification (G.S.R. 777(E)) dated 21st December 2024, published in the Gazette of India, has amended the rules under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, as revised by the RTE (Amendment) Act, 2019. The amended rules, titled the Right of Children to Free and Compulsory Education (Amendment) Rules, 2024, introduce significant changes to promote student learning while ensuring equity and inclusion.

The amendment is the introduction of a revised "Detention Policy" applicable to students in Grades 5 and 8 of school established, owned or controlled by the Central Government, or the administrator of the Union Territory, having no legislature.

Under this, if a student fails to meet the promotion criteria after annual examination, he or she will be provided additional instruction and an opportunity to appear for a re-examination within two months of the declaration of results. In the event the student does not meet the promotion criteria even after the re-examination, he/ she will be continued in the same grade. During this period, the class teacher will actively engage with the student and the parents, providing specialized guidance and addressing identified learning gaps through targeted interventions.

Though the RTE Act was amended in 2019 it was decided to await finalisation of National Education Policy (NEP), 2020 and National Curriculum Framework for School Education (NCFSE), which was put up in public domain on 23.08.2023. After due consultation with stake holders, the rules have been notified.

As reported by States and Union Territories, 18 States/UTs have issued notification for implementation of provisions of  RTE(Amendment) Act, 2019, these include Assam, Bihar, Gujarat, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Madhya Pradesh, Meghalaya, Nagaland, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttarakhand, West Bengal, NCT of Delhi and Dadar & Nagar Haveli & Daman & Diu. State of Haryana and UT of Puducherry are yet to take a decision in the matter.

The States/UTs of Andhra Pradesh Arunachal Pradesh, Chhattisgarh, Goa, Karnataka, Kerala, Maharashtra, Manipur, Mizoram, Odisha, Telangana, Uttar Pradesh, Andaman & Nicobar Island, Chandigarh, Ladakh and Lakshadweep continue to follow the no detention policy from Class I to VIII.

The amendment reinforces that no child shall be expelled from school until the completion of elementary education ensuring every child’s right to education.

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MV/AK

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