Chapter 4_Magna Carta for Public School Teachers.pdf

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) Jean A. Aquino, PhD DECLARATION OF POLICY MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS RA 4670 ü promote and improve: § the social and economic status of public school teachers; § t...

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS (RA 4670) Jean A. Aquino, PhD DECLARATION OF POLICY MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS RA 4670 ü promote and improve: § the social and economic status of public school teachers; § their living and working conditions; § their terms of employment; and, § career prospects. DECLARATION OF POLICY MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS RA 4670 ü compare favorably with existing opportunities in other walks of life; and, ü attract and retain in the teaching profession more people with the proper qualifications.  What is a teacher? “All persons engaged in classroom teaching in any level of instruction, on full-time basis…” RECRUITMENT AND CAREER MINIMUM EDUCATIONAL QUALIFICATIONS FOR TEACHER-APPLICANTS Teachers in Kindergarten and elementary grades, Bachelor’s degree in Elementary Education (BSEED) Teachers in the Secondary schools, Bachelor’s degree in Education or its equivalent with a major and a minor, or a Bachelor’s degree in Arts or Science with at least 18 professional units in Education MINIMUM EDUCATIONAL QUALIFICATIONS FOR TEACHER-APPLICANTS Teachers of secondary vocational and two years technical courses, Bachelor’s degree in the field of specialization with at least 18 professional units in education. Teachers of courses on the collegiate level other than vocational, master’s degree with a specific area of specialization. What if there are no applicants who possess the minimum educational qualifications? The school superintendent may appoint under a temporary status, applicants who do not meet the minimum qualifications, provided: a) teacher-applicants are required to take competitive examinations; b) preferences in making appointments shall be in the order of their respective ranks in the competitive examinations; and, c) the results of the examinations shall be made public and every applicant shall be furnished with his/her score and rank in the said examination PROBATIONARY PERIOD ▰ No probationary period preceding appointment shall be imposed if the teacher possesses the appropriate civil service eligibility. TENURE OF OFFICE ▰ Stability on employment and security of tenure shall be assured to the teacher as provided under existing laws. CONSENT OF TRANSFER/ TRANSPORTATION ▰ No teacher shall be transferred without his/ her consent. CONSENT OF TRANSFER/ TRANSPORTATION ▰ If the teacher believes there is no justification for the transfer, he/she may appeal the case to the Director of Public Schools or the Director of Vocational Education as the case may be. CONSENT OF TRANSFER/ TRANSPORTATION ▰ No transfers shall be made 3 months before any local or national election. ▰ Necessary transfer expenses of the teacher and his/ her family shall be paid for by the Government. CODE OF PROFESSIONAL CONDUCT FOR TEACHERS ▰ Within 6 months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of which will be given to each teacher. SAFEGUARDS IN DISCIPLINARY PROCEDURES ▰ Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedures and shall have:  ▰ the right to be informed in writing of the charges; ▰ the right to full access to the evidence in the case; ▰ the right to defend him/herself and be defended ▰ the right to appeal to clearly designated authorities ▰ No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his/ her case. ADMINISTRATIVE CHARGES ▰ Administrative charges against a teacher shall be heard initially by a committee composed of: ADMINISTRATIVE CHARGES ▰ corresponding School Superintendent of the Division or a duly authorized representative ▰ a representative of the local or in its absence, any existing provincial or national teacher’s organization; and ▰ a supervisor of the Division NO DISCRIMINATION There shall be no discrimination whatsoever in entrance to the teaching profession or during its exercise or in termination of services, based on other than professional consideration. MARRIED TEACHERS Whenever possible, the proper authorities shall take all steps to enable married couples both of whom are public school teachers to be employed in the same locality. ACADEMIC FREEDOM ▰ Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods. HOURS OF WORK AND REMUNERATION TEACHING HOURS ▰ Any teacher shall not be required to render more than six hours of actual classroom teaching a day  TEACHING HOURS ▰ However, in the exigencies of service, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day PHILIPPINE CONSTITUTION ARTICLE XIV, SECTION 5 “ The state shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.” MONTHLY BASIC SALARY OF PUBLIC SCHOOL TEACHERS 2019 Public School Teachers Salary in the Philippines - TeacherPH.pdf ADDITIONAL COMPENSATION ▰ co-curricular and out of school activities shall be paid an additional compensation of at least 25% after six hours of actual classroom teaching a day  ADDITIONAL COMPENSATION ▰ In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess of eight hours a day shall be paid an additional compensation of at least 25% of their regular remuneration. ADDITIONAL COMPENSATION ▰ The agencies utilizing the services of teachers shall pay the additional compensation required. CRITERIA FOR SALARIES (a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities; CRITERIA FOR SALARIES (b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and CRITERIA FOR SALARIES (c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others SALARY SCALE ▰gradual progression from minimum to a maximum salary by means of regular increments, granted after 3 years. Provided, that the efficiency rating is satisfactory. EQUALITY IN SALARY SCALES ▰The salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government. COST OF LIVING ALLOWANCE ▰Teacher's salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of- living allowance which shall automatically follow changes in a cost-of- living index. SPECIAL HARDSHIP ALLOWANCES ▰In areas in which teachers are exposed to hardship, they shall be compensated special hardship allowances equivalent to at least twenty- five per cent of their monthly salary. DEDUCTIONS PROHIBITED ▰No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions. DEDUCTIONS PROHIBITED ü lawful dues and fees owing to the Philippine Public School Teachers Association ü premiums properly due on insurance policies, shall be considered deductible. HEALTH MEASURES AND INJURY BENEFITS MEDICAL EXAMINATION AND TREATMENT ▰Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher's professional life. MEDICAL EXAMINATION AND TREATMENT ▰medical treatment and/or hospitalization shall be provided free by the government entity paying the salary of the teachers.  MEDICAL EXAMINATION AND TREATMENT ▰In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses. COMPENSATION FOR INJURIES ▰Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. LEAVE AND RETIREMENT BENEFITS STUDY LEAVE Teachers are entitled to study leave not exceeding one school year after seven years of service. They shall be entitled to at least sixty per cent of their monthly salary. STUDY LEAVE No teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses. STUDY LEAVE The compensation allowed for one year study leave shall be subject to the condition that the teacher takes the regular study load and passes at least 75% of his courses. INDEFINITE LEAVE ▰ when the nature of the illness demands a long treatment that will exceed one year at the least.  SALARY INCREASE UPON RETIREMENT Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement TEACHER'S ORGANIZATION FREEDOM TO ORGANIZE Public school teachers shall have the right to freely and without previous authorization both to establish and to join organizations of their choosing, whether local or national to further and defend their interests.  DISCRIMINATION AGAINST TEACHERS PROHIBITED The rights established shall be exercised without any interference or coercion. DISCRIMINATION AGAINST TEACHERS PROHIBITED (a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization, DISCRIMINATION AGAINST TEACHERS PROHIBITED (b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization DISCRIMINATION AGAINST TEACHERS PROHIBITED (c) to prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity. NATIONAL TEACHER'S ORGANIZATIONS shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers. ADMINISTRATION AND ENFORCEMENT RULES AND REGULATIONS The Secretary of Education shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. BUDGETARY ESTIMATES The Secretary of Education shall submit to Congress annually the necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to public school teachers under the employ of the National Government.  PENAL PROVISION A person who shall willfully interfere with, restrain or coerce any teacher or who shall in any other manner commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court.  PENAL PROVISION If the offender is a public official, the court shall order his dismissal from the Government service. TWITTER ADVISE TWIT #1 TWIT #2 TWIT #3