Revised Detention Policy Implemented by RTE (Amendment) Rules, 2024

Revised Detention Policy Implemented by RTE (Amendment) Rules, 2024

Context: Parliament amended the Right of Children to Free and Compulsory Education Act (RTE Act, 2009) by the RTE (Amendment) Act, 2019, which made way for examinations at the end of academic years for classes 5th and 8th and holding back (detention) of students who fail these examinations.

Salient Features of RTE (Amendment) Act, 2019

• Conduct regular examinations in the 5th and 8th classes at the end of the academic year.
• Re-examination for students failing: If a child fails in the above examination, she/he shall be given additional instruction and granted the opportunity for re-examination within a period of two months from the date of declaration of results.
• Holding back (detention): The Appropriate Government may allow students to hold back a child in class 5 or class 8 or in both classes, if the student fails in re-examination. However, the appropriate government (Central or State Governments) can decide not to hold back a child in any class till the completion of elementary education.
• No-expelling policy: No child to be expelled from a school till completion of elementary education.

Thus, the decision to detain a student is voluntary and has to be made by the appropriate government.

Check Here: Right to Education (Article 21A)

RTE (Amendment) Rules, 2019

• In order to operationalise the RTA (Amendment) Act, 2019, the Department of School Education and Literacy under the Ministry of Education has notified the RTE (Amendment) Rules, 2019.
• The Amended Rules introduced a revised ‘Detention Policy‘ applicable to students in Grades 5 and 8 of schools established, owned or controlled by the Central Government, or administrators of UTs without legislative assemblies.
• Under this policy, if a student fails to meet promotion criteria after the annual examination, he/she will be provided additional instruction and an opportunity for re-examination within two months of the declaration of results.
• If the student does not meet the promotion criteria even after 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 specialised guidance and addressing identified learning gaps through targeted interventions.

Status of Operationalisation of No-Detention Policy

• Currently, 18 States/UTs have issued notification for implementation of revised ‘Detention Policy’ including Assam, Bihar, Gujarat, Himachal Pradesh, J&K, Jharkhand, MP, Meghalaya, Nagaland, Punjab, Rajasthan, Sikkim, TN, Tripura, Uttarakhand, WB, Delhi, Dadar & Nagar Haveli & Daman & Diu.
• The following states will continue to follow ‘No Detention Policy‘: Andhra Pradesh, Arunachal Pradesh, Chhattisgarh, Goa, Karnataka, Kerala, Maharashtra, Manipur, Mizoram, Odisha, Telangana, UP, etc.

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