Legal Requirements for Private Schools: Recognition, RTE and Child Safety

The legal structure of a school

Private schools in India are usually run by a registered trust or society, or a not-for-profit company. The founding documents should support educational objects and clear governance.

Recognition and affiliation

Under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), schools must obtain recognition from the appropriate authority. Board affiliation, such as CBSE or the state board, has its own bye-laws covering land, infrastructure, staff and fees.

Key RTE Act obligations

• Admission of at least 25% of entry-level seats for children from weaker and disadvantaged groups in private unaided schools (Section 12(1)(c))
• No capitation fee and no screening procedure for admission (Section 13)
• No physical punishment or mental harassment of children (Section 17)
• Norms for pupil-teacher ratio and infrastructure

Child safety

Schools must have a child protection policy and comply with the mandatory reporting duty under the POCSO Act, 2012. See our guide on POCSO obligations for schools.

Fees and admissions

Fee structures, refund policies and admission criteria should be written, published to parents and consistent with applicable state regulations.

Staff, transport and premises

• Written contracts and background verification for staff
• POSH Act policy and Internal Committee
• School transport safety norms
• Fire safety and building approvals