Maharashtra alters Right to Education Act, limits enrolment of economically disadvantaged students in private schools

In a significant move, the Maharashtra education department has recently amended the Right to Education (RTE) Act 2009, impacting the admission eligibility of children from economically disadvantaged backgrounds in private and private unaided schools. This amendment, detailed in a recent gazette publication, comes into effect from the upcoming 2024-2025 academic session.

Under the revised rules, children hailing from economically disadvantaged backgrounds will no longer be eligible for admission to private or private unaided schools if a government school is available within a one-kilometer radius of their residence.

One of the significant alterations involves the reimbursement of costs incurred by unaided schools selected under the RTE Act. The new rule stipulates that local authorities will no longer be obligated to reimburse these schools for the expenses associated with providing education to economically disadvantaged students.

The earlier version of the RTE Act mandated that all unaided and private schools reserve 25% of their seats for children from economically backward sections up to the 8th standard. This provision ensured free and compulsory education for children between the ages of 6 to 14 years, with the government reimbursing tuition fees to private schools for these students.

A recurring issue highlighted in the amendment revolves around pending reimbursements owed by the Maharashtra government to private schools. Reports suggest that the government owes an estimated ₹1,463 crore to these institutions, with some private school managements claiming the amount is even higher, exceeding ₹2,000 crore.

In December of the previous year, the Maharashtra English School Trustee’s Association (MESTA) issued a warning that all private schools would boycott the 25% quota in the upcoming academic year unless the government promptly reimburses the pending amounts. The president of MESTA emphasized that reimbursement for over 11,000 schools is long overdue, reflecting the severity of the situation.