Legal Bases of Philippine Educational System PDF

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Angelo P. Porciuncula

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This document provides an overview of the legal bases of the Philippine educational system. It details various acts, decrees, and the Constitution, covering topics such as teacher professionalization, basic education governance, and other relevant laws. It's intended for a teaching profession course or similar educational context.

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LEGAL BASES OF PHILIPPINE EDUCATIONAL SYSTEM AND OTHER RELEVANT LAWS EDUC2 – THE TEACHING PROFESSION MR. ANGELO P. PORCIUNCULA ü THE PHILIPPINE CONSTITUTION OF 1987 ü THE EDUCATIONAL DECREE 6-A ü THE EDUCATIONAL ACT OF 1982...

LEGAL BASES OF PHILIPPINE EDUCATIONAL SYSTEM AND OTHER RELEVANT LAWS EDUC2 – THE TEACHING PROFESSION MR. ANGELO P. PORCIUNCULA ü THE PHILIPPINE CONSTITUTION OF 1987 ü THE EDUCATIONAL DECREE 6-A ü THE EDUCATIONAL ACT OF 1982 ü R.A. 4670 – MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS ü R.A. 7836 – PHILIPPINE TEACHER’S PRIMARY B ASES PROFESSIONAL ACT OF 1994 ü R.A. 9293 – AN ACT AMENDING CERTAIN SECTIONS OF 7836 ü R.A. 9155 – GOVERNANCE OF BASIC EDUCATION ACT OF 2001 ü R.A. 10533 – ENHANCED BASIC EDUCATION ACT OF 2013 THE PHILIPPINE CONSTITUTION OF 1987 ARTICLE 14 EDUCATION, SCIENCE & TECHNOLOGY, ARTS, CULTURE AND SPORTS Quality education accessible to all.(Section 1) Complete, adequate, and integrated relevant education. (2.1) Free public education in the elementary and high school level. (2.2) Scholarship grants, loans, subsidies and other incentives to deserving students in both private and public schools. (2.3) Non-formal, formal, and indigenous learning systems. (2.4) Vocational training to adults, disabled and out of school youth. (2.5) Study of the Constitution. (3.1) ARTICLE 14 EDUCATION, SCIENCE & TECHNOLOGY, ARTS, CULTURE AND SPORTS Quality education accessible to all.(Section 1) Complete, adequate, and integrated relevant education. (2.1) Free public education in the elementary and high school level. (2.2) Scholarship grants, loans, subsidies and other incentives to deserving students in both private and public schools. (2.3) Non-formal, formal, and indigenous learning systems. (2.4) Vocational training to adults, disabled and out of school youth. (2.5) Study of the Constitution. (3.1) Constitution is part of the curricula of all educational institutions ARTICLE 14 EDUCATION, SCIENCE & TECHNOLOGY, ARTS, CULTURE AND SPORTS Study of values (3.2) Patriotism, nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, etc. Optional religious instruction in public schools. (3.3) Supervision and regulation of all schools. (3.4) Control and administration of schools by Filipinos. (3.5) Exemption from taxes and duties. (3.6) Academic freedom in institutions in higher learning. (5.2/3.4) ARTICLE 14 EDUCATION, SCIENCE & TECHNOLOGY, ARTS, CULTURE AND SPORTS Right of every citizen to select a profession or course of study. (Sec. 5.3) Right of teachers to professional growth. Non-teaching academic and non- academic personnel shall enjoy the protection of the State. (Sec. 5.4) Assigning highest budget priority to education. (5.5) National language is Filipino. (6.1) Priority to research and technology. (Sec.10,11,12,13) ARTICLE 14 EDUCATION, SCIENCE & TECHNOLOGY, ARTS, CULTURE AND SPORTS Filipino national culture based on unity in diversity. (Sec. 14) Rizal’s Biography is part of the curricula Filipino is the national language English is also an official language Regional Languages are auxiliary official languages Spanish and Arabic is optional Ensure equal access to cultural opportunities. (Sec. 18.1) Support on researches and studies on the arts and culture. (Sec. 18.2) Promote physical education. (Sec.19) PRESIDENTIAL DECREE 6-A EDUCATIONAL DEVELOPMENT DECREE OF 1972 Goals of the Educational system (2, A-C) 1. To achieve and maintain an accelerating rate of economic development and social progress. 2. To assure of maximum participation of all the people in the attainment and enjoyment of the benefits of such growth. 3. To strengthen national consciousness and promote desirable cultural values in a changing world. Objectives of the Educational system (3, A-D) Ten-year program to attain the objectives (4, A-F) EDUCATIONAL DEVELOPMENT DECREE OF 1972 Educational projects to attain objectives. (5, A-G) Management studies by the DEC Improvement of secondary schools which include services, facilities, equipment and curriculum Upgrading and improvement of technical institutions, skill training centers and other non-training programs for the out of school youth and unemployed Curriculum and staff development including mathematics and science teaching Expansion of agricultural secondary and higher education programs Textbooks and instruction materials Assistance and incentives EDUCATIONAL DEVELOPMENT DECREE OF 1972 Working arrangements. Financing the whole educational system. Law authorized the undertaking of educational development projects including the provisions regarding the mechanics of implementation and its financing BATAS PAMBANSA 232 Education Act of 1982 BATAS PAMBANSA 232 Goals 1. Achieve and maintain an accelerating rate of economic development and social progress; 2. Assure the maximum participation of all people in the attainment and employment of such growth, and 3. Achieve and strengthen national unity and consciousness and preserve, develop and promote desirable culture, moral, and spiritual values in a changing world. BATAS PAMBANSA 232 Aims 1. Provide for a broad general education that will assist each individual in the peculiar ecology of his own society, to: Attain his potential as human beings; Enhance the range and quality of individual and group participation in the basic functions of society, and Acquire essential educational foundations of his development into a productive and versatile citizen. 2. Train the nations’ manpower in the middle – level skills required for the national development. BATAS PAMBANSA 232 Innovations 1. Establishing /upgrading non-formal training programs for out-of-school youths and unemployed. 2. Educational assistance program or the SNPL plan. 3. Educational assistance program or the SNPL plan. Family planning in the curriculum. 4. National Textbook Project. 5. Master Teacher Plan. 6. Program for Decentralized Education Development (PRODED). BATAS PAMBANSA 232 Program for Decentralized Education Development (PRODED) 1. Improvement in pupil achievement 2. Decrease in pupil drop-out rates 3. Improvement in physical facilities 4. Staff development 5. Non-formal education BATAS PAMBANSA 232 Objectives 1. Develop a national consciousness 2. Develop Filipino citizens 3. Equalize educational opportunities 4. Participate in economic development Train manpower in the middle level 5. Develop high level professions 6. Strengthen the family 7. Educational planning and evaluation BATAS PAMBANSA 232 Right moral or legal entitlement to have or obtain something or to act in a certain way Duty moral or legal obligation; a responsibility - a task or action that someone is required to perform Privilege special right, advantage, or immunity granted or available only to a particular person or group of people BATAS PAMBANSA 232 Rights of Students in School 1. Relevant quality education. (Sec. 9.1) 2. Choose a field of study. (Sec. 9.2) 3. School guidance and counseling services. (Sec. 9.3) 4. Access own school records. (Sec. 9.4) 5. Issuance of official documents within 30 days from request. (Sec. 9.5) 6. Publish a student newspaper and similar publications and invite resource persons. (Sec. 9.6) 7. Form, establish, join and participate in organizations and societies. (Sec. 9.8) 8. Free from involuntary contributions. (Sec. 9.9) BATAS PAMBANSA 232 Duties and Responsibilities of Students Exert utmost effort to develop potentialities. (Sec. 15.1) Uphold academic integrity. (Sec. 15.2) Promote peace and tranquility. (Sec. 15.3) Actively participate in civic affairs and promote general welfare. (Sec. 15.4) Exercise rights responsibly. (Sec. 15.5) BATAS PAMBANSA 232 Rights of All School Personnel Free expression of opinions and suggestions, and to effective channels of communication.(Sec. 10.1) Free legal service. (Sec. 10.2) Rights of all School Personnel Establish, join and maintain organizations. (Sec. 10.3) Free from involuntary contributions. (Sec. 10.4) BATAS PAMBANSA 232 Special Rights and/or Privileges of Teaching/Academic Staff Free from compulsory assignments not related to duties. (Sec. 11.1) Intellectual property. (Sec. 11.2) Respect and protection. (Sec. 11.3) Choose alternative career lines. (Sec. 11.4) BATAS PAMBANSA 232 Teacher’s Obligations Perform duties in accordance with the philosophy, goals and objectives of the school. (Sec.16.1) Efficient and effective attainment of learning objectives. (Sec.16.2) Regular reports on student’s performance. (Sec.16.3) Professional growth and behavior. (Sec.16.4) Refrain from making unreasonable deductions in student’s scholastic rating. (Sec.16.5) Agent of constructive change. (Sec.16.6) BATAS PAMBANSA 232 Teacher’s Benefits 1. Study Leave/Sabbatical Leave 2. Indefinite Leave 3. Maternity Leave / Paternal Leave 4. Vacation Leave with pay 5. 1 range salary raise upon retirement BATAS PAMBANSA 232 Teacher’s Privileges 1. Academic Freedom 2. Free physical exam and medical treatment or hospitalization 3. Salary scale 4. Cost of living allowance 5. Additional compensation for service excess of 6 hours actual classroom teaching, hardship allowance and automatic retirement promotion BATAS PAMBANSA 232 Obligations of Academic Non-Teaching Personnel Professional development. (Sec.18.1) Assume, promote and maintain and atmosphere conducive to service and learning. (Sec.18.2) Promote and maintain and atmosphere conducive to service and learning. (Sec.18.3) Special Rights of School Administrator Administrative discretion. Respect and protection. (Sec. 12) BATAS PAMBANSA 232 School Administrators’ Obligations Perform duties in accordance with the philosophy, goals and objectives of the school. (Sec. 17.1) Efficient and effective administration and management. (Sec. 17.2) Healthy school atmosphere and relationship. (Sec. 17.3) Professional behavior. (Sec. 17.4) Performance reports. (Sec. 17.4) Discipline school personnel. (Sec. 17.3) Maintain records and submit reports to the DepEd. (Sec. 17.4) BATAS PAMBANSA 232 Rights of Parents Organize a forum for discussion by themselves and/or with teachers. (Sec. 8.1) Access to any official record directly relating to his/her child. (Sec.8.1) Duties of Parents Carry out educational objectives. (Sec. 14.1) Obliged to enable children to obtain elementary education. (Sec. 14.2) Cooperate with the school. (Sec. 14.3) Rights of Schools Governance. Sec. 18.1 Academic Freedom. Sec. 18.2 BATAS PAMBANSA 232 Aims of ALL Educational Institutions Inculcate love of country Teach duties of citizenship Develop moral character and personal discipline Develop scientific, technological and vocational efficiency REPUBLIC ACT 4670 Magna Carta for Public School Teachers R.A. 4670 Coverage: All Public-School Teachers Eligibility: Elementary School Teachers BEED Graduate PBET/LET Passer Secondary School Teachers - BSE/BSEd Graduate/Bachelor’s Degree - 18 Units in Major Subject/ 18 units of Professional Education Subject - PBET/LET Passer R.A. 4670 Rights of Teachers Right to be informed of the chargers in writing. Right to full access to the evidence in the case. Right to defend himself and be defended by a representative of his choice. Right to appeal to clearly designated authorities. Right for a married couple, both of whom are school teachers, to be employed in the same locality whenever possible. Hours of Work and Remuneration Enjoy academic freedom in the discharge of professional duties regarding teaching and classroom methods R.A. 4670 Enjoy free physical exam and free medical treatment or hospitalization. Salary scale – gradual progression from a minimum to a maximum salary means of regular increments, granted automatically every after three years. Granting of cost-of-living allowance. Additional compensation for service excess of 6 hours actual classroom teaching, hardships allowance and automatic retirement promotion. Leave and Retirement Benefits Study Leave (Sabbatical Leave) – with pay equivalent to 60% of salary after seven years of service. R.A. 4670 Indefinite Leave Maternity Leave with pay for 60 days Vacation Leave with pay Enjoy one range salary raise upon retirement, which shall be the basis of the retirement pay and the monthly benefits thereafter.. R.A. 4670 Teacher’s Organization Freedom to organize. Prohibition of discrimination against teachers. Applies to public school teachers except those in state colleges and universities Teacher includes those engaged in classroom teaching, full time basis, guidance counselors, school librarian, industrial arts or vocational instructors, supervisors and other administrative personnel. REPUBLIC ACT 7836 Philippine Teacher’s Professionalization Act of 1994 R.A. 7836 AN ACT TO STRENGHTEN THE REGULATION AND SUPERVISION OF THE PRATICE TEACHING IN THE PHILLIPINES AND PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSE Defines the meaning of teaching, teachers, board, and commission. This act provides the full description and duties and responsibilities board and the board members This also talked about the requirements in the registration, processes before taking the examination and after the examinations. This also includes the sanctions given to those licensed teacher who violates the rules R.A. 7836 “The State recognizes the vital role of the teachers in nation- building and development through a responsible and literate citizenry. Towards this end, the State shall ensure and promote quality education by proper supervision and regulation of the licensure examination and professionalization of the practice of the teaching profession.” (Article 1. Sec.2) Objectives: a. The promotion, development and professionalization of teachers and the teaching profession. b. The supervision and regulation of licensure examination. R.A. 7836 Article II. Board of Professional Teachers. Creation and Composition of the Board – A Board, a collegial body under the general supervision and administrative control of the Professional Regulation Commission; composed of five (5) members who shall be appointed by the President of the Philippines from among the recommendees chosen by the Commission; the recommendees shall be chosen from the list of nominees selected by the accredited association of teachers. (Sec.5) Article III. Examination and Registration A valid certificate of registration and a valid professional license from the commission are required before any person is allowed to practice as a professional teacher in the Philippines. (Sec.14) Examinations for the elementary and secondary schools are separate (Elementary level (2 parts) – Prof. Ed. & Gen. Ed. Secondary level (3 parts) - Prof. Ed. Gen. Ed. & Field of Specialization) R.A. 7836 Article III. Examination and Registration Qualification Requirements of Applicants (Sec.15) No applicant shall be admitted to take the examination unless, on the date of filing of the application Requirements 1. A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the teaching profession; 2. At least eighteen (18) years of age 3. In good health and of good reputation with high moral values; 4. Has not been convicted by final judgment by a court for an offense involving moral turpitude; 5. A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications R.A. 7836 Educational qualifications: 1. For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent; 2. For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED) or its equivalent; 3. For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor, or a bachelor's degree in arts and sciences with at least ten (10) units in professional education; and 4. For teachers of vocational and two-year technical courses, a bachelor’s degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education. The Board shall, within one hundred twenty (120) days after the examination, report the ratings obtained by each candidate to the Professional Regulation Commission for approval and appropriate action (Sec.16) R.A. 7836 The Board shall, within one hundred twenty (120) days after the examination, report the ratings obtained by each candidate to the Professional Regulation Commission for approval and appropriate action (Sec.16) Revocation of the Certificate of Registration, Suspension from the Practice of the Teaching Profession, and Cancellation of Temporary or Special Permit (Sec.23) The Board shall have the power, after due notice and hearing, to suspend or revoke the certificate of registration of any registrant, to reprimand or to cancel the temporary/special permit of a holder thereof who is exempt from registration, for any of the following causes: R.A. 7836 Causes: 1. Conviction for any criminal offense by a court of competent jurisdiction; 2. Immoral, unprofessional or dishonorable conduct; 3. Declaration by a court of competent jurisdiction for being mentally unsound or insane; 4. Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the teaching profession; 5. The use of or perpetration of any fraud or deceit in obtaining a certificate of registration, professional license or special/temporary permit; R.A. 7836 Causes: 6. Chronic inebriety or habitual use of drugs; 7. Violation of any of the provisions of this Act, the rules and regulations and other policies of the Board and the Commission, and the code of ethical and professional standards for professional teachers; and 8. Unjustified or willful failure to attend seminars, workshops, conferences and the like or the continuing education program prescribed by the Board and the Commission R.A. 7836 The decision of the Board to revoke or suspend a certificate may be appealed to the regional trial court of the place where the Board holds office within fifteen (15) days from receipt of the said decision or of the denial of the motion for reconsideration filed in due time. No person shall practice or offer to practice the teaching profession in the Philippines or be appointed as teacher to any position calling for a teaching position without having previously obtained a valid certificate of registration and a valid professional license from the Commission. (Article IV. Sec.27) R.A. 7836 Registration and Exception (Sec. 26) no person shall engage in teaching and/or act as a professional teacher unless he is a duly registered professional teacher, and a holder of a valid certificate of registration and a valid professional license or a holder of a valid special/temporary permit Upon approval of the application and payment of the prescribed fees, the certificate of registration and professional license as a professional teacher shall be issued without examination as required in this Act to a qualified applicant, who at the time of the approval of this Act, is:. R.A. 7836 Exceptions: a. A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; or b. A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006; or c. Not qualified under paragraphs one and two but with any of the following qualifications. to wit: R.A. 7836 Penal Provisions (Sec.28) The following shall be punishable by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or imprisonment of nor less than six (6) months nor more than five (5) years, or both, at the discretion of the court: a) Any person who practices the teaching profession in the Philippines without being certified in accordance with the provisions of this act; b) Any person who represents or attempts to use as his own certificate of registration that of another; c) Any person who gives any false, or fraudulent evidence of any kind to the Board or any member thereof in obtaining a certificate of registration as teacher; R.A. 7836 d) Any person who impersonates any registrant of the same or different name; e) Any person who uses a revoked or suspended certificate of registration; f) Any person who, in connection with his name, otherwise assumes, uses or advertises any title or description tending to convey or conveys the impression that he is a teacher without holding a valid certificate; and g) Any person who violates or who abets the violation of any of the provisions of this Act. Approved : December 16, 1994 REPUBLIC ACT 9293 An Act Amending Certain Sections of R.A. 7836 R.A. 9293 AN ACT AMENDING CERTAIN SECTIONS OF RA7836, OTHERWISE KNOWN AS THE “PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994” Sec.15. Qualification Requirements of Applicants (e.#3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor, or a bachelor's degree in arts and sciences with at least ten (10) units in professional education à 18 units in professional education Sec.26. Registration and Exception 1. An elementary or secondary teacher for five (5) years in good standing and a holder of Bachelor of Science in Education or its equivalent; or 2. An elementary or secondary teacher for three (3) years in good standing and a holder of a master's degree in education or its equivalent… R.A. 9293 With additional provisions: Professional teachers who have not practiced their profession for the past five years shall take at least 12 units of education courses, consisting of at least 6 units of pedagogy and 6 units of content courses, or the equivalent training and number of hours to be chosen from a list of courses to be provided by the Board and the Department of Education, before they can be allowed to practice their profession in the country Those who have failed the licensure examination for professional teachers, with a rating of not lower than 5 percentage points from the passing general average rating, shall be eligible as para- teachers upon issuance by the Board of a two-year special permit, renewable for a non-extendible period of 2 years. R.A. 9293 The para-teachers shall be assigned to areas where there is a shortage or absence of a professional teacher, as identified and provided by the DepEd and the ARMM education department to the Board of professional teachers and the Commission. The special permit shall indicate the area of assignment of the para-teacher. A special permit may also be issued by the Board to a person who has excelled and gained international recognition and is a widely acknowledged expert in his or her respective field of specialization. R.A. 9293 Sec.31. Transitory Provision Special permits, with a validity of 3 and 5 years, issued to para-teachers by the Board for Professional Teachers before the effectivity of this act shall be allowed to expire based on the period granted therein: Provided, That only special permits with a validity of 3 years may be renewed upon expiration for a non-extendible period of 2 years. Sec.4. Reference to the term “Department of Education, Culture and Sports”, in Sec. 4 (a) and Sec. 25, and the term “DECS” in Sec. 20, of the same Act are hereby amended to read as “Department of Education” and “DepEd”, respectively Sec.5. Separability Clause. Sec.6. Repealing Clause. REPUBLIC ACT 9155 Governance of Basic Education Act of 2001 R.A. 9155 AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE FOR BASIC EDUCATION, ESTABLISHING AUTHORITY AND ACCOUNTABLITY, RENAMING THE DEPARTMENT OF EDUCATION, CULTURE AND SPORTS AS DEPARTMENT OF EDUCATION AND FOR OTHER PURPOSES Authored by former Senator Tessie Aquino-Oreta Department of Education Culture and Sports (DECS) was renamed Department of Education (DepEd) Governance of Basic Education starts at National level, but it is in the Regional, Division, District and School level where the policies and principles are translated into projects, programs, and services developed, offered to fit local needs. School head empowerment by strengthening their leadership roles School based management within the context of transparency and local accountability REPUBLIC ACT 10533 Enhanced Basic Education Act of 2013 R.A. 10533 Section 1: Short Title: Enhanced Basic Education Act of 2013 Section 2: Declaration of Policy The state shall establish, maintain and support a complete, adequate, and integrated system of education relevant to the needs of the people, the country and society-at-large. The state shall create a functional basic education system that will develop productive and responsible citizens equipped with the essential competencies, skills and values for both life-long learning and employment. R.A. 10533 Features Kindergarten ü Part of the Basic Education Curriculum ü Institutionalized starting SY 2011 – 2012 ü Made into law by RA 10157 Mother Tongue ü Taught as a subject in grades 1 to 3 ü Used as medium of instruction in some subjects in Grades 1 - 3 Senior High School ü Additional two years (Grades 11 – 12) R.A. 10157 KINDERGARTEN EDUCATION ACT AN ACT INSTITUTIONALIZING THE KINDERGARTEN EDUCATION INTO THE BASIC EDUCATION SYSTEM AND APPROPRIATING FUNDS THEREFOR SEC. 2. Declaration of Policy In consonance with the Millennium Development Goals on achieving Education for All (EFA) by the year 2015, it is hereby declared the policy of the State to provide equal opportunities for all children to avail of accessible mandatory and compulsory kindergarten education that effectively promotes physical, social, intellectual, emotional and skills stimulation and values formation to sufficiently prepare them for formal elementary schooling This Act shall apply to elementary school system being the first stage of compulsory and mandatory formal education. Thus, kindergarten will now be an integral part of the basic education system of the country. R.A. 10157 KINDERGARTEN EDUCATION ACT Kindergarten education is vital to the academic and technical development of the Filipino child for it is the period when the young mind’s absorptive capacity for learning is at its sharpest. It is also the policy of the State to make education learner-oriented and responsive to the needs, cognitive and cultural capacity, the circumstances and diversity of learners, schools and communities through the appropriate languages of teaching and learning. SEC. 4. Institutionalization of Kindergarten Education Kindergarten education is hereby institutionalized as part of basic education and for school year 2011-2012 shall be implemented partially, and thereafter, it shall be made mandatory and compulsory for entrance to Grade 1. R.A. 10157 KINDERGARTEN EDUCATION ACT SEC. 7. C. Duties, Powers and Functions Develop teaching strategies using the unique feature of the MTB-MLE which shall include, but not limited to, the following: 1) The two-track method (storytelling and reading, listening story, oral communication activities); 2) Interactive strategies; 3) Use of manipulative games; and 4) Experiential, small group discussions and total physical response (TPR) among others. The learning development materials shall consist of the following at the minimum: listening story; small books; big books; experience story; primer lessons; and lessons exemplars R.A. 10931 UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION ACT AN ACT PROMOTING UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION BY PROVIDING FOR FREE TUITION AND OTHER SCHOOL FEES IN STATE UNIVERSITIES AND COLLEGES, LOCAL UNIVERSITIES AND COLLEGES AND STATE-RUN TECHNICAL- VOCATIONAL INSTITUTIONS, ESTABLISHING THE TERTIARY EDUCATION SUBSIDY AND STUDENT LOAN PROGRAM, STRENGTHENING THE UNIFIED STUDENT FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION, AND APPROPRIATING FUND THEREFOR Section 2. Declaration of Policy. it is the policy of the State to protect and promote the rights of all students to quality education at all levels; the State shall take appropriate steps to make such education accessible to all. R.A. 10931 UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION ACT the State shall: a) Provide adequate funding and such other mechanisms to increase the participation rate among all socioeconomic classes in tertiary education; b) Provide all Filipinos with equal opportunity to quality tertiary education in both the private and public educational institutions; c) Give priority to students who are academically able and who come from poor families; d) Ensure the optimized utilization of government resources in education; e) Provide adequate guidance and incentives in channeling young Filipinos in their career choices and towards the proper development and utilization of human resources; and f) Recognize the complementary roles of public and private institutions in tertiary educational system. R.A. 10931 UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION ACT Section 4. Free Higher Education in SUCs and LUCs All Filipino students who are either currently enrolled at the time of the effectivity of this Act, or shall enroll at any time thereafter, in courses in pursuance of a bachelor's degree, certificate degree, o any comparable undergraduate degree in other school fees for units enrolled in they pass the entrance examination and other admission and rentention requirements of the SUCs and LUCs all SUCs and LUCs shall create a mechanism to enable students with the financial capacity to pay for their education in the SUC and LUC to voluntarily opt out of the tuition and other school fees subsidy or make a contribution to the school R.A. 10931 UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION ACT Section 5. Free TVET (Technical-Vocational Education and Training in Post-Secondary TVIs (Technical and Vocational Institutions. - All Filipino students who are currently enrolled at the time of the effectivity of this Act, or shall enroll at any time thereafter in any post-secondary TVET leading to nondegree certificate or diploma programs offered by any state-run TVI under the TESDA shall be exempt from paying tuition and other school fees All state-run TVIs shall create a mechanism to enable students with the financial capacity to pay for their education in the TVI to voluntarily opt out of the tuition and other school fees subsidy or make a contribution to the TVI. OTHER RELEVANT LAWS P.D. 1006 PROFESSIONALIZING TEACHING Decree Professionalizing Teaching September 22, 1976 Considered teachers as professionals and teaching promulgated as a profession Providing for the Professionalization of Teachers Regulating Practice in the Philippines Civil Service Commission and Department of Education and Culture Teachers need to pass PBET before they can teach, whether in private or public school. R.A. 10627 ANTI-BULLYING ACT OF 2013 Any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following: R.A. 10627 ANTI-BULLYING ACT OF 2013 o Any unwanted physical contact between the bully and the victim; o Any act that causes damage to a victim’s psyche and/or emotional well-being; o Any slanderous statement or accusation that causes the victim undue emotional distress; and o Cyber-bullying or any bullying done through the use of technology or any electronic means. R.A. 7877 ANTI-SEXUAL HARASSMENT ACT OF 1995 Sexual harassment is an act, or a series of acts, involving any unwelcome sexual advance, request or demand for a sexual favor or other verbal or physical behavior of a sexual nature, committed by a government employee or official in a work related, training or education related environment of the person complained of Forms of Sexual Harassment 1. Physical (malicious touching, overt sexual advances, gestures with lewd insinuation) 2. Verbal (request or demand) 3. Use of objects, pictures or graphics with sexual underpinnings 4. Other form analogous to the foregoing R.A. 7877 ANTI-SEXUAL HARASSMENT ACT OF 1995 Person Liable for Sexual Harassment Any government official or employee, regardless of sex, is liable for sexual harassment when she/he: 1. Directly participates in the execution of any act of sexual harassment 2. Induces or directs another to commit sexual harassment 3. Cooperate in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished 4. Cooperates in the commission of sexual harassment by another through previous or simultaneous act. OTHER RELEVANT LAWS RA 7610 - Protection of Children Against Child Abuse, Exploitation and Discrimination Act RA 8980 - Early Childhood Care and Development Act EO 356 - Renaming the Bureau of Non-Formal Education (BEE) to Bureau of Alternative Learning System (BALS) RA 6655 - Free Public Secondary Education Act of 1988. Public secondary schools were nationalized, and they were reclassified by source of funding and curriculum type DECS Order No. 38, s. 1994 - NSAT is required for all high school students PD 603 - required that every school division should organize special classes for children with special needs. OTHER RELEVANT LAWS RA 5250 (1996)- provided a ten-year teacher education program in Special Education for the teaching of the gifted, mentally – retarded and those with behavior problems (Only two schools offered undergraduate in SPEd: UP College of Education and CEU RA 7687 - Scholarship programs for careers in science and technology PD 146 - required all high school graduates seeking admissions to post – secondary degrees necessitating a minimum of four years study to pass a national entrance examination. RA 7731 - abolished the NCEE to give the marginalized sector greater access to college education. RA 7743 - created the Center of Excellence in Teacher Education OTHER RELEVANT LAWS RA 7791 - Stretched the school year from 185 – 200 days RA 1265 - made the observance of the flag ceremony compulsory. Senate Bill 3286 - Enhanced Basic Education Act of 2012 -an addition of two years in the basic education RA 6728 – Government Assistance to Students and Teachers in Private Education Act RA 8545 – Expanded Government Assistance to Students and Teachers in Private Education Act RA 9262 – Anti-Violence Against Women and their Children Act of 2004 OTHER RELEVANT LAWS RA 8491 – Flag and Heraldic Code of the Philippines RA 9710 – The Magna Carta of Women The Magna Carta of Women is comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in marginalized sector. RA 8190 – Granting Priority to Residents of the Barangay, Municipality or City where the School is Located, in the Appointment of Classroom Public School Teachers Sources INSET Lecture by Mrs. Patricia Sy-De Vera, Principal, Canumay East National High School https://www.officialgazette.gov.ph https://www.prc.gov.ph/uploaded/documents/PROFESSIONAL%20TE ACHERS-LAW1.PDF https://www.teacherph.com/legal-bases-of-philippine-educational- system/

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