The central government has amended the Right of Children to Free and Compulsory Education Acts, 2010, introducing provisions for regular examinations and reinstatement of students in certain cases in class 5 and 8 if they fail.
In the past, state governments had the discretion to implement incarceration policies. Although 18 states opted out of the no-arrest policy, an equal number chose to keep it.
Under the New Amendment to the “Compulsory Child Rights Education Amendment Act 2024” which comes into effect from December 16, proficiency-based standardized tests will be conducted at the end of every academic year for students in classes 5 and 8.
If the student fails to meet the promotion criteria, he/she will be given additional instruction and re-examination within two months of the announcement of the results.
However, students who fail the retest will be returned to the same class.
Speaking to reporters on Monday, Sanjay Kumar, Secretary of School Education, Sanjay Kumar, Secretary of School Education noted that the new rules will help improve learning outcomes while targeting academically weak students.
“The Indian government has decided that even after all efforts, if necessary, students can be arrested. However, no child will be expelled from school until Class 8,” he said.
He continued, “If a student fails, teachers will give him two months of additional instruction, and only in rare cases will the student be detained. The main focus is on improving learning outcomes.”
These amendments also mandate that reserved students receive special opinions to address their learning gaps. The assessment process will be knowledge-based, ensuring holistic development rather than rote learning.
In 2009, the Right to Education Act introduced a ‘no detention policy’ where students up to class 8 were to be promoted. To ensure quality education, continuous and comprehensive testing was introduced, but was withdrawn in 2017 due to poor implementation.
The Right to Education was amended in 2019 to empower state governments to decide on the introduction of detention policies, which were previously banned up to Class 8. These amendments were intended to address concerns about learning outcomes.
Kumar emphasized that in 2019, 18 states decided to end the no-arrest policy, while another 18 continued it.
The new laws mark a major policy shift in primary education aimed at improving learning outcomes.
To address learning gaps, classroom teachers need to guide students and, if necessary, interact with their parents. Teachers will provide special feedback based on assessment to help students improve. School principals must keep a record of students who have been arrested and monitor their progress closely.
