Memo.No. SS-18/3/2022-LEGAL-SSA, Dated: 18/07/2022
Sub: School Education – The Andhra Pradesh Rights of Children to Free
and Compulsory Education Rules,2010- Amendments-NotifcationOrders– Copy Communicated – Reg
Ref: G.O.Ms.No.129 of the School Education (Prog.II) Department,
Dated:15.07.2022.
(Copy) communicated.
While communicating a copy of the G.O in the reference read above,
all the Regional Joint Directors of School Education, District Educational
officers in the State are requested to take immediate and necessary
action, as directed by the Government as per rules in force.
______________________
School Education – The Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 – Amendments – Notification – Orders -Issued.
G.O. Ms. No.129 Dated: 15-07-2022.
Read the following:
1. G.O.Ms.No.20, School Education (PE- Progs.I)Dept., dtd: 03.03.2011.
2. G.O.Ms.No.130, School Education (PE- Prog.I)Dept., dtd: 09.09.2011.
3. G.O.Ms.No.41, School Education (PE-SSA)Dept., dt: 19.06.2013.
4. G.O.Ms.No50, School Education (Prog.II)Dept., dtd:01.10.2020.
5. G.O.Ms.No.85, School Education (Prog.II)Dept., dtd:24.12.2021.
6. From the Chairperson, NCPCR, New Delhi, F.No.25015/21/201718/NCPCR/218182-218183, dt: 23.08.2021.
7. From the CSE, AP, e-File No. SS-18021/6/2022-LEGAL-SSA (Computer No. 1672349 ), dt :22.05.2022.
In the G.O. first read above, the Government have framed the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 under the provisions of the Right of Children to Free and Compulsory Education Act, 2009, (Act No.35 of 2009) and published the Notification in Extra-ordinary issue of the Andhra Pradesh Gazette, dated:
05.03.2011.
2. In the letter sixth read above, the Chairperson, NCPCR, has informed that Standard Operating Procedure (SOP) for implementation of Section 12(1)(c) of the RTE Act, 2009 – Model Procedure for Effective Implementation, has been developed by NCPCR, with the support of Ministry of Education (MoE), to strengthen the processes for private schools in fulfilling their responsibilities as given under the Act and requested to implement the provisions in the State and extend the rights to the disadvantaged children, as the State Governments is to bring out mechanisms for implementation of the different provisions of the RTE Act, 2009.
3. In the letter seventh read above, the Commissioner of School Education, has submitted proposal for making certain amendments to the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010.
4. Government after careful examination of the matter, hereby order to amend the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 issued in G.O.Ms.No.20, School Education (PE- Progs.I) Department, dated: 03.03.2011 suitably.
5. Accordingly, the following notification will be published in an Extra- Ordinary issue of the Andhra Pradesh Gazette dated: 15.07.2022.
NOTIFICATION
In exercise of the powers conferred by sub-section (i) of Section 38 of the Right of Children to Free and Compulsory Education Act, 2009 (Act No.35 of 2009), the Government of Andhra Pradesh hereby make the following amendments to the Andhra Pradesh Right of Children to Free and Compulsory Education Rules, 2010 issued in G.O.Ms.No.20, School Education (PE-Progs.I)Department, dated:03.03.2011, as subsequently amended from time to time:-
In the said Rules:-
AMENDMENTS
(i). In rule 8, after sub rule (2), the following shall be added, namely, –
3. (I) Procedure:
a) Schools:
Every school shall publish a notice (Form- I) accessible to the public, well before the start of the admission process of the concerned academic session or giving effect to above mentioned at least 25% admission at the entry level. This shall include :-
The total number of seats available in class I or pre- school at the entry level in the school shall not be less than the average number of seats in the entry class in the previous three academic years.
(b) Eligibility Criteria for Admission:
Children eligible for admissions under Section 12(1)(c) of the Act shall be determined by the sub-rules (3), (4), (5) of Rule 3(1) and sub-rule (2) of Rule 9 of this Rules, 2010 and eligibility criteria prescribed for JAGANANNA AMMAVODI vide G.O.Ms.No.63, School Education (Prog.II) Department, dt.28.12.2020.
(c) Registration of Child:
In order to apply for admission in 25% reserved seats in un-aided schools under the Act, parents / guardians of eligible children may visit the online portal created by the Department of School Education as per these instructions and apply themselves or with the support of the Headmaster / Principal of the school concerned or Mandai Education Officer (MEO)/ Ward Secretariat.
The parents / guardians of the eligible children have choice to select multiple schools for admission as per their choice in order of priority.
(d) Documents Required for Admission:
i.For the admission, proof of residence and proof of age shall be considered by documents furnished under Rule 9 and Rule 11 of the this Rules, 2010 and SOP of CSE, AP.
ii. In case non production of the certificates by the Parent the same should be brought to the notice to District Admission Monitoring Committee (DAMC) for taking appropriate decision.
(II) Responsibilities
(a) State Government:
The State Government shall provide free and compulsory elementary education to children as per 12 (1) (C) of the Act and in accordance with rule 10 of this Rules, 2010 and section 12(2) of the Act, 2009.
(b) Commissioner / Director for School Education:
1.Commissioner / Director for School Education includes the State Project Director Samagra Shiksha is the State level implementation authority of section 12 (1) ( C ) of the Act read with Rule 3(1)(27) of this Rules, 2010.
ii.Commissioner / Director for School Education shall create and online portal provisioning each school has access to
. submit reimbursement claims every financial year. These
claims are divided into different headers such as admission fee, tuition fee, development fee, books, uniform etc., as per the number of students studying under the EWS/DG quota in the respective schools.
iii. The online portal for filing reimbursement should be live and functioning on or before 1st March every year with direction(s) to school to submit claims on or before 31st March. The department completes verification by 15th July and uploads their findings on the portal, inviting comments from the concerned school. Schools submit objections if any, by 31st July. Department addresses concerns by 15th August.
Department releases payments by 31st August. Disputes if any, must be settled by 30th September.
iv. The Commissioner/Director for School Education shall create an online portal for the admissions allowing them to fill just one application form that lets them choose as many schools as they wish in their neighborhood. This has enabled parents to select the school(s) of their choice without having to visit the school or fill multiple forms for different schools. This online application portal has to empower the government officials for effective monitor mechanism in the admissions process.
v. The Commissioner/Director for School Education shall allocate the seats through lottery (generated by the system) based on the number of seats available as per the definitions defined under neighborhood.
vi. The Commissioner/Director for School Education shall ensure the mapping of Schools as defined under Rule 3(1)(22) of this Rules, 2010.
vii. The Commissioner/Director for School Education shall constitute a State Advisory Council within three months of this notification as prescribed under Rule 28 of this Rules,
2010;
viii. The Commissioner/Director for School Education shall constitute the District Admission Monitoring Committee with immediate effect after this notification;
ix. The Commissioner/Director for School Education shall issue the Standard Operating Procedures (SOP) for effective implementation of 12(1)(C) of the Act 2009.
x. The Commissioner/Director of School Education shall issue a detailed Schedule for Admissions under section 12(1)(C) of the Act immediately.
(c) Regional Joint Director:
The Regional Joint Director, School Education shall institute a mechanism for inspection every quarter to ensure:
i. That children coming to school and are not facing any discrimination by the private school management, parents or students;
ii. No enrollment of children who are not eligible under Rule 3;
iii. Process for Withdrawal of Recognition of Schools for non- compliance with this order and imposition of penalties therein.
(d) District Education Officers:
i. The DEO is responsible for implementation of 12 (1) (c ) at District Level and redressing authority of grievances pertaining to admissions discrimination harassment and other wise as prescribed under Section 32 (1) & (2) of Act 2009.
ii. In case, the application of any child is found not to be in order and is rejected, the reasons for its rejection shall be recorded and are to be communicated to the parents.
iii In case the number of applications for admission against the free seats is above the number of seats available, then it should be allocated from the list of candidates through lottery system.
iv. Withdrawal of Recognition of Schools for non-compliance with this order and imposition of penalties therein.
v. Redressing Authority of grievances pertaining to admissions discrimination/harassment authority pertaining to admissions.
e) Parent:
i. Every parent and guardian of eligible children under rule 9(4) of this Rules 2010 shall be responsible to apply for admissions under Section 12(1)(c) read with Section 10 of the Act.
ii. The parent / guardian of the eligible children shall select multiple schools for admission of their child as per his/her choice in order of priority.
(f) Principal/Head Master:
i. The admissions against the free seats in the School shall be supervised and regulated by the Head of the School;
ii. The Principal/Head Master shall ensure that the School will support to apply on behalf of any parent approaching the School for admission.
iii. Shall not fill the free seats with the general candidates under any said circumstances, failing which necessary disciplinary action will be initiated against the schools / managements.
(g) School Management:
i. All private unaided schools who have affiliations under State, Central and International Boards shall be mandated to admit children under Section 12(1)(c) of the Act.
ii. All private unaided schools those have obtained Certificate of Registration / Recognition from the State Government of Andhra Pradesh under Rule 14 of this Rules, 2010 and Section 18 of the Act will have to register on the online portal as prescribed by the Government of Andhra Pradesh to accept 25% admission of students under the RTE Act and Rules, 2010 following the instructions available on the portal with immediate effect of this notification.
iii. Where any school as registered under Rule 14 of the Rules read with Section 18 of the Act contravenes the conditions of recognition including the enforcement of Section 12(1)(c) of the Act shall be subject to Withdrawal of Recognition as per Rule 16 of this Rules, 2010.
iv. The Private Management shall file annual return in the prescribed proforma to the DAMC of the concerned district regarding details of admissions made within 10 days of the closure of admission.
v. List of children admitted in the first list along with the waiting list to the extent of 25% of seats under Section 12(1) (c) of the Act shall be displayed on the notice board of the school as and when the list are notified by the CSE.
