The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), represents a landmark legislation in India that ensures equitable access to education for all children aged 6 to 14 years. A recent development reported on April 2, 2025, in The Hindu highlights the formation of a State-level committee by the School Education Department in Vijayawada, Andhra Pradesh, tasked with determining the ‘per-child’ expenditure for students admitted to private schools under the RTE Act. This initiative underscores the ongoing efforts to operationalize the Act’s provisions, particularly Section 12(1)(c), which mandates all the private unaided schools to reserve twenty-five percent of their entry-level seats for children from economically weaker and disadvantaged sections, with the government reimbursing the associated costs; the present article provides a detailed analysis of the committee’s formation, historical context, the necessity driving its establishment, the state-wise status of RTE implementation, and the broader significance of the RTE Act.

Committee for Free Education Implementation under the RTE Act, 2009

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Committee for Free Education Implementation under the RTE Act, 2009

Andhra Pradesh to determine Per-Child Expenditure for Students Admitted to Private Schools under the Right to Education Act (2025)


Introduction

The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), represents a landmark legislation in India that ensures equitable access to education for all children aged 6 to 14 years. A recent development reported on April 2, 2025, in The Hindu highlights the formation of a State-level committee by the School Education Department in Vijayawada, Andhra Pradesh, tasked with determining the ‘per-child’ expenditure for students admitted to private schools under the RTE Act. This initiative underscores the ongoing efforts to operationalize the Act’s provisions, particularly Section 12(1)(c), which mandates all the private unaided schools to reserve twenty-five percent of their entry-level seats for children from economically weaker and disadvantaged sections, with the government reimbursing the associated costs; the present article provides a detailed analysis of the committee’s formation, historical context, the necessity driving its establishment, the state-wise status of RTE implementation, and the broader significance of the RTE Act.

Historical Perspective

The RTE Act, enacted on August 4, 2009, and effective from April 1, 2010, emerged from decades of advocacy for universal education in India. Rooted in Article 21A of the Constitution of India, inserted via the 86th Amendment in 2002, the Act transformed education from a directive principle into a fundamental right. Historically, the education system in India has been marked by disparities, with access often limited by socio-economic status, caste, and geography. Pre-independence efforts, such as the Wardha Scheme of 1937, and post-independence policies, including the Kothari Commission (1964-66), laid the groundwork for universal education, yet implementation remained uneven.

The RTE Act responded to these persistent gaps, aiming to bridge the divide between public and private education systems. Section 12(1)(c) explicitly addresses the privatization trend by mandating private schools to integrate marginalized children, reflecting a hybrid public-private partnership model. The Vijayawada Committee’s formation in 2025 continues this effort, addressing operational challenges that have persisted since the Act’s inception. Unfortunately, even after about 15 years of RTE implementation, Section 12(1)(c) of the RTE Act 2009 still needs further refinements, which is true not only for Andhra Pradesh but for the rest of the states of India.

Necessity for the Committee

Several factors necessitated the establishment of the State-level committee in Andhra Pradesh:

1 Financial Ambiguity: The RTE Act mandates government reimbursement of private schools for admitting disadvantaged students, but the lack of a standardized ‘per-child’ expenditure formula has led to disputes and delays. The committee aims to resolve this by setting a precise, evidence-based rate.

2 Implementation Gaps: Despite 15 years of the RTE Act, compliance with Section 12(1)(c) remains inconsistent. Private schools often resist admitting students due to financial uncertainties or perceived quality dilution, necessitating a structured oversight mechanism.

3 Regional Disparities: Andhra Pradesh, like many states, faces unique challenges, including a growing private school sector and rural-urban divides. The committee’s diverse composition—government officials, private school representatives, and NGOs—ensures a balanced approach to these issues.

4 Timely Action for 2025-26: With the academic year approaching, immediate assessment of per-child costs is critical to ensure smooth admissions and reimbursements, as stipulated in the G.O. (No. 103) issued on April 1, 2025.

Analysis of the Committee’s Structure and Mandate

The committee, chaired by the Principal Secretary/Special Chief Secretary of School Education, includes key stakeholders: finance and education department officials, private school representatives (e.g., APPUSMA, APPSA, ISMA, UPEIF), and NGOs (e.g., Indus Action, Pratham, UNICEF). This multi-stakeholder approach reflects an intent to balance fiscal responsibility with educational equity.

The mandate involves:

  • Determining Per-Child Expenditure: Assessing costs based on factors like infrastructure, teacher salaries, and operational expenses, to be reviewed annually in December.
  • Reimbursement Mechanism: Facilitating direct transfers via RTGS/NEFT in two instalments (50 percent in September and 50 percent in January), ensuring school financial predictability.
  • Timeline: Immediate action for 2025-26, with meetings every three months initially, then annually.

This structure addresses past criticisms of ad-hoc reimbursements and lack of transparency, potentially setting a model for other states.

State-Wise Status of RTE Section 12(1)(c) Implementation

The implementation of Section 12(1)(c) varies widely across India, reflecting diverse socio-economic and administrative contexts:

  • Andhra Pradesh: In 2024, the Andhra Pradesh State Commission for Protection of Child Rights (SCPCR) reported that 25,125 children were slated for free education under RTE, yet vacancies persist due to non-compliance by some schools. The new committee aims to streamline this process.
  • Tamil Nadu: As of 2024, Tamil Nadu filled approximately 80 percent of its RTE seats, but parents report challenges like hidden fees and lack of awareness, as noted in The Hindu (April 21, 2024).
  • Karnataka: A 2024 survey identified 63 illegally operating private schools, with 294 violating medium-of-instruction norms, indicating enforcement issues despite mandatory RTE registration.
  • Maharashtra: Reports suggest over 50 percent compliance in urban areas like Mumbai, but rural regions lag, with vacancies exceeding 30 percent in some districts.
  • Uttar Pradesh: With a large population and private school network, compliance is below 40 percent, hampered by inadequate monitoring and funding delays.

Nationally, the Annual Status of Education Report (ASER) 2023 estimated that only 20-25 percent of eligible children benefit from Section 12(1)(c), with over 1 million seats remaining vacant annually due to bureaucratic hurdles and resistance from private institutions.

Criteria for Per-Child Expenditure

The committee’s criteria for determining expenditure can be inferred from RTE guidelines and educational economics:

  • Direct Costs: Tuition fees, uniforms, textbooks, and stationery, as mandated under RTE.
  • Indirect Costs: Pro-rata share of infrastructure (classrooms, libraries) and staff salaries.
  • Regional Adjustments: Variations based on urban vs. rural settings and private school fee structures.
  • Quality Standards: Ensuring reimbursements align with minimum learning outcomes, a core RTE goal.

Importance of the RTE Act and Section 12(1)(c)

The RTE Act is a cornerstone of commitment to the United Nations’ Sustainable Development Goal (SDG) 4: Quality Education. Its significance lies in:

  • Equity: Breaking socio-economic barriers by integrating marginalized children into mainstream education.
  • Public-Private Synergy: Leveraging private infrastructure to supplement public schools facing resource constraints.
  • Legal Mandate: Enforcing accountability through judicial oversight, with Supreme Court of India rulings (e.g., Society for the Unaided Private Schools of Rajasthan v. Union of India, 2012) upholding Section 12(1)(c).

Section 12(1)(c) specifically:

  • Targets Disadvantage: Ensures 25 percent reservation for economically weaker sections (EWS) and disadvantaged groups (e.g., SC/ST, OBC, disabled), defined by income (e.g., below ₹2 lakh annually in many states) and social criteria.
  • Shifts Burden: Transfers financial responsibility to the state, reducing out-of-pocket costs for low-income families.
  • Promotes Inclusion: Fosters social cohesion by mixing diverse student cohorts, challenging the elitism of private education.

Critical Analysis

While the committee’s formation is a progressive step, challenges remain:

  • Enforcement: Past resistance from private schools suggests compliance may depend on punitive measures, which the article does not address.
  • Funding: The reliance on state budgets raises concerns about sustainability, especially in economically strained regions.
  • Equity vs. Quality: Integrating EWS students risk stigmatization or resource dilution unless pedagogical support is enhanced.
  • Data Gaps: The lack of real-time, state-wise data on seat utilization hampers effective policy-making, a gap the committee could address through robust monitoring.

Comparatively, states like Tamil Nadu and Karnataka have experimented with online portals for RTE admissions, a potential enhancement for Andhra Pradesh. Globally, models like Brazil’s Bolsa Família, which ties education subsidies to attendance, offer lessons in incentivizing compliance.

Concluding Observations

The Vijayawada committee represents a pragmatic response to operationalizing the RTE Act’s vision of inclusive education. Standardizing per-child expenditure and ensuring timely reimbursements address a critical bottleneck in Section 12(1)(c)’s implementation. However, its success hinges on enforcement, stakeholder cooperation, and sustained funding. Historically, the RTE Act has shifted India’s educational paradigm, yet its full potential remains unrealized due to systemic inequities. This initiative could serve as a blueprint for other states, reinforcing the Act’s transformative promise while highlighting the need for continuous evaluation & adaptation.

Suggested Readings

  • The Hindu. (2025, April 2). “Panel to ensure smooth implementation of free education for poor children in private schools.”
  • Right of Children to Free and Compulsory Education Act, 2009, Government of India.
  • Annual Status of Education Report (ASER), 2023, Pratham Foundation.
  • Society for the Unaided Private Schools of Rajasthan v. Union Government of India, Supreme Court of India, 2012.
  • Ministry of Education, Government of India, RTE Implementation Reports (various years).

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