LEGAL BASIS OF EDUCATIO

N

PRINCE JUNE CRUZ KITANE, R.N.

Philippine Educational Practices and their Legal Bases

The following are among the major Philippine educational practices and their

legal bases. Reflective of Philippine philosophies of education, they may also

be considered characteristics of Philippine education.

Philippine education recognizes academic freedom. Academic freedom shall be enjoyed by all institutions of higher learning. Academic freedom is the “freedom to determine on academic grounds who shall be admitted to study, who shall teach and what shall be the subjects of study and research” (1987 Const., Art. XIV, Sec, 5:2)

• Academic freedom is within the context of freedom of expression guaranteed by the constitution (1987, Art III, Sec.4). on the part of the administrator, academic freedom is freedom to choose who shall teach, who shall be admitted to study, and what shall be taught. On the part of the teacher, it is the freedom to make a research on the subject he shall teach and to publish his findings if he wishes, and how to teach the subject. On the part of the student, it is the freedom to choose the course he shall take. (1987, Art.XIV, sec 5:3)

• There are limitations to academic freedom. For instance, the administrator can choose teachers, students, and courses to be studied only in accordance with the standards set by the state. Teachers should be educationally qualified. A grade VI graduate cannot teach. Only a high school graduate can enter college. Another limitation is that the teacher cannot teach anything against the law. He cannot teach values that are disapproved by the society to which he belongs. Hence, like other freedoms, academic freedom is regulated.

• Philippines education provides equal access to cultural opportunities. The state shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants, and other incentives, and community cultural centers and other public venues (1987, Art. XIV, Sec 18:1). Principally, this means that all the people shall be given as much as possible equal chance of obtaining an education and cultured life.

• Philippine education regulates accountancy education and practice. This is the essence of R.A. 5166 otherwise known as the Accountancy act of 1967.

• Philippine education encourages voluntary accreditation. The Educational Act of 1982, it encourages voluntary accreditation for institutions and programs which desire to meet standards of quality over an above the minimum requirements for state recognition.

• Philippine education accords rights to and imposes duties and obligations upon school administrators or managers. Some of the rights granted school managers are;– The right to be accorded administrative discretion

necessary for the efficient and effective performance of their functions but of course in accordance with DepEd’s Laws, regulations, and policies, and

– The right to be deemed persons in authority in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection.

• Some of the duties and obligations of an administrator are the following;– discharge his responsibilities according to the philosophy,

objectives, and goals of his school– be accountable for the efficient and effective management of his

school– develop and maintain a healthy school atmosphere conducive

to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school personnel relationship

– Assume and maintain professional behavior in his work and in dealing with students, teachers, academic non teaching personnel, administrative staff and parents pr guardians.

– Render adequate reports to teacher’s academic non-teaching personnel and non academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same.

– Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel

– Maintain adequate records and submit required reports to the department of education.

• Philippine education promotes bilingualism. For purposes of communication and instruction, the constitution provide that the official language of the Philippines is Filipino and, unless otherwise provided by law, English. (English communication, arts, sciences and mathematics should be taught in English) and the other subject should be taught in Filipino.

• Philippine education promotes campus journalism. R.A. no 7079 otherwise known as the campus journalism act provides that journalism in the elementary and high school levels should be institutionalized. The act also requires the education department to conduct annual campus journalism conferences separately for each level.

• Philippine education id complete, adequate, integrated and relevant. The state is supposed to establish, maintain, and support a complete, adequate and integrated system of education relevant to the needs of all the people and society. This means that the state shall establish schools in all levels; preschool, elementary, secondary, tertiary especially in the arts, science and technology, the professions and the graduate levels.

• Philippine education provides compulsory attendance for children. Provides compulsory education for children of school age. It says “without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age.

• Philippine education is democratic. This means making education accessible to all. The state is trying its best to reach all children in spite of the shortage of funds. This is why the double single session and the two-grade or multi-grade classes are utilized. In the double single session, there are two classes under one teacher (morning and afternoon). In the multi-grade classes, two or more different grades are in the same class at the same time being taught alternately by the same teacher. This is resorted to when there are very few pupils in the same place of locality

• Philippine education teaches and imposes discipline. Discipline is a value to be taught in school. All schools must teach and develop moral character and personal discipline. Every student shall promote and maintain peace and tranquility of the school by observing the rules and discipline. (suspension, exclusion and expulsion) – Suspension – for minor cases, they will be ask not

to attend school for a certain period of time– Exclusion – dismissal dropping a student from the

roll, but still can transfer and attend other school.– Expulsion – extreme penalty on where they can no

longer enter school in the Philippines (public or private)

• Philippine education specifies faculty qualification. Generally those teaching in kindergarten, elementary and secondary schools must possess bachelor’s degrees in teaching kindergarten, elementary and secondary courses, and in the last case, they should be graceful to handle their major or minor subjects. In the tertiary level, teachers must have a masters degree except in courses in which professional licensing examinations are required, in which case a bachelors degree is sufficient. Examples are engineering, medicine, law, accountancy. In the graduate level, a masters degree holder may teach in the masters course although a doctoral degree holder is preferred. In the doctoral level, an earned doctoral degree is required of a teacher.

• Philippine education observes flag ceremony. R.A. No. 1265 made the observance of flag ceremony compulsory. The pupils or students are assembled in front of their school building where the flagpole stands and as they sing the national anthem the flag is raised briskly. As a means of saluting the flag the children place their right hand over their heart. After singing the national anthem, they recite the pledge of allegiance to the country or patriotic pledge. At the en d of classes in the afternoon, the flag is lowered slowly and folded very reverently without allowing any part of it to touch the ground.

Philippine education has grading policies. Generally, the grades of pupils and students are based solely on their scholastic performance. However, there are exceptions but if other factors are considered in determining grades they must be relevant to the subject. For instance, misbehavior may reduce the grade of a student in character education. The lowest passing grade is 75, 3, C. in the elementary, promotion is by grade level but in the secondary or tertiary levels, promotion is by subject. In the elementary and secondary levels, promotion is done at the end of the school year but in the tertiary level promotion is done at the end of the semester or trimester as the case may be. These general policies are true in the public schools as well as in the private schools.

• Philippine education grants graduation honors. In the elementary and high school levels, a candidate for graduation honors should take at least the last two curriculum years of the program or course in the school where he is to graduate, complete the program within the prescribed number of curricular years, and with no failing grade in any subject.– IN TERTIARY LEVEL

• Summa cum laude - 95 to 100 % with no grade in any subject lower than 93% or their equivalents

• Magna cum laude - 90 to 94% with no grade lower than 89%

• Cum laude - 85 to 89% with no grade lower than 85%

• Philippine education is nationalistic. Educational institutions, other than those established by religious groups or mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty percentum of the capital of which is owned by such citizens.

• Philippine education has night elementary and high school. Normally, permits to open private elementary and high schools during day time do not carry with them the right to operate evening schools. Separate permits are given. Night school is for working students.

• Philippine education provides non-formal education for special people. The state shall encourage non-formal, informal, and indigenous learning systems as well as self – learning, independent, and out-of-school study programs particularly those that respond to community needs and provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency and other skills.– To eradicate illiteracy and raise the level of functional

literacy of the population.– To provide unemployed and underemployed youth

and adults with the appropriate vocational and technical skills to enable them to become more productive and effective citizens.

– To develop among the clientele of non-formal education proper values and attitudes necessary for personnel, community and national development.

• Philippine education grants certain rights to parents, school personnel, schools, students and teachers.– Rights granted to parents

• The right to organize themselves and or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and implementation of such programs. (PTA)

• The right to access to any official record directly relating to the children who are under their parental responsibility.

– Rights granted to school personnel• The right to free expression of opinion and

suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution.

• The right to establish, join, maintain labor organizations of their choice to promote their welfare and defend their interest

• The right to be free from involuntary contributions except those who imposed by their own organizations.

– Rights granted to schools.• The right of their governing boards or lawful

authorities to provide for the proper governance of the school and to adopt and enforce administrative or management system.

• The right of institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be the subject of the study and research.

– Rights granted to students• The right to receive, through primarily

competent instruction, relevant quality education in line with the national goals and conducive to their full developments as persons with human dignity.

• The right to freely choose their field of study,• The right to school guidance and counseling

service• The right to access on his school records.• The right to publish a student newspaper and

similar publications.• The right to free expressions of opinions.• The right to form, join, establish and participate

in organizations• The right to be free from involuntary

contributions

– Rights granted to teachers• The right to be free from compulsory assignments not

related to their duties • The right to intellectual property consistent with

applicable law• Teachers shall be deemed persons in authority when in

discharge of lawful duties and responsibilities• Teachers shall be accorded the opportunity to choose

their alternative career lines

• Philippine education promotes vocational education. R.A. no 175 to become the basis for vocational education in the public schools. This law provided financial support for the course. Private school provides guidelines for offering vocational education in private school.

TESDA• The Technical Education and Skills Development

Authority (TESDA) was established through the enactment of Republic Act No. 7796otherwise known as the "Technical Education and Skills Development Act of 1994", which was signed into law by President Fidel V. Ramos on August 25, 1994. This Act aims to encourage the full participation of and mobilize the industry, labor, local government units and technical-vocational institutions in the skills development of the country's human resources.

• The merging of the National Manpower and Youth Council(NMYC) of the Department of Labor and Employment (DOLE). The Bureau of Technical and Vocational Education (BTVE) of theDepartment of Education, Culture and Sports (DECS), and The Apprenticeship Program of the Bureau of Local Employment (BLE) of the DOLE gave birth to TESDA.

• The fusion of the above offices was one of the key recommendations of the 1991 Report of the Congressional Commission on Education, which undertook a national review of the state of Philippine education and manpower development. It was meant to reduce overlapping in skills development activities initiated by various public and private sector agencies, and to provide national directions for the country's technical-vocational education and training (TVET) system. Hence, a major thrust of TESDA is the formulation of a comprehensive development plan for middle-level manpower based on the National Technical Education and Skills Development Plan. This plan shall provide for a reformed industry-based training program that includes apprenticeship, dual training system and other similar schemes.

• TESDA is mandated to:• Integrate, coordinate and monitor skills development programs;• Restructure efforts to promote and develop middle-level

manpower;• Approve skills standards and tests;• Develop an accreditation system for institutions involved in

middle-level manpower development;• Fund programs and projects for technical education and skills

development; and• Assist trainers training programs.

• At the same time, TESDA is expected to:• Devolve training functions to local governments;• Reform the apprenticeship program;• Involve industry/employers in skills training;• Formulate a skills development plan;• Develop and administer training incentives;• Organize skills competitions; and• Manage skills development funds.

• Overall, TESDA formulates manpower and skills plans, sets appropriate skills standards and tests, coordinates and monitors manpower policies and programs, and provides policy directions and guidelines for resource allocation for the TVET institutions in both the private and public sectors.

• Today, TESDA has evolved into an organization that is responsive, effective and efficient in delivering myriad services to its clients. To accomplish its multi-pronged mission, the TESDA Board has been formulating strategies and programs geared towards yielding the highest impact on manpower development in various areas, industry sectors and institutions.

Commission on Higher Education Republic Act 7722

Per Section 8 of R.A. 7722, the CHED has the following powers and functions:

• Formulate and recommend development plans, policies,priorities, and programs on higher education;

• Formulate and recommend development plans, policies, priorities, and programs on research;

• Recommend to the executive and legislative branches priorities and grants on higher education and research;

• Set minimum standards for programs and institutions of higher learning recommended by panels of experts in the field and subject to public hearing, and enforced the same;

• Monitor and evaluate the performance of programs and institutions of higher learning for appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation, program termination or school course;

• Identify, support and develop potential centers of excellence in program areas needed for the development of world-class scholarship, nation building and national development;

• Recommend to the Department of Budget and Management (DBM) the budgets of public institutions of higher learning as well as general guidelines for the use of their income;

• Rationalize programs and institutions of higher learning and set standards, policies and guidelines for the creation of new ones as well as the conversion or elevation of schools to institutions of higher learning, subject to budgetary limitations and the number of institutions of higher learning in the province or region where creation, conversion or elevation is sought to be made;

• Develop criteria for allocating additional resources such as research and program development grants, scholarships, and the other similar programs: Provided, that these shall not detract from the fiscal autonomy already enjoyed by colleges and universities;

• Direct or redirect purposive research by institutions of higher learning to meet the needs of agro-industrialization and development;

• Devise and implement resource development schemes;

• Administer the Higher Education Development Fund, as described in Section 10 of R.A. 7722, which will promote the purposes of higher education;

• Review the charters of institutions of higher learning and state universities and colleges including the chairmanship and membership of their governing bodies and recommend appropriate measures as basis for necessary action;

• Promulgate such rules and regulations and exercise such other powers and functions as may be necessary to carry out effectively the purpose and objectives of R.A. 7722; and

• Perform such other functions as may be necessary for its effective operations and for the continued enhancement, growth and development of higher education.

K to 12• Briefer prepared by the Department of Education, last

November 2, 2010• Salient Points on the Enhanced K+12 Basic Education

Program• What is K+12?• K+12 means Kindergarten and the 12 years

of elementary and secondary education.• Kindergarten refers to the 5-year old cohort that

takes a standardized kinder curriculum.• Elementary education refers to primary schooling

that involves six or seven years of education• Secondary education refers to high school.

• How are we planning to implement the K+12 program?

After considering various proposals and studies, the model that is currently being proposed by DepEd is the K-6-4-2 Model. This model involves Kindergarten, six years of elementary education, four years of junior high school (Grades 7 to 10) and two years of senior high school (Grades 11 to 12). The two years of senior high school intend to provide time for students to consolidate acquired academic skills and competencies.

• Features of K 6-4-2• (1) Kindergarten and 12 years of quality basic

education is a right of every Filipino, therefore they must be and will be provided by government and will be free.

• (2) Those who go through the 12 years cycle will get an elementary diploma (6 years), a junior high school diploma (4 years), and a senior high school diploma (2 years).

• (3) A full 12 years of basic education will eventually be required for entry into tertiary level education (entering freshmen by SY 2018-2019 or seven years from now).

• An open and consultative process will be adopted in the development and implementation of K+12.

• Change is two-fold: (a) curriculum enhancement and (b) transition management.

• What is Senior High School?• 2 years of in-depth specialization for students

depending on the occupation/career track they wish to pursue

• Skills and competencies relevant to the job market• The 2 years of senior HS intend to provide time for

students to consolidate acquired academic skills and competencies.

• The curriculum will allow specializations in Science and Technology, Music and Arts, Agriculture and Fisheries, Sports, Business and Entrepreneurship.

• What is the proposed implementation plan of DepEd?Phases of Implementation:

• (1) Universal kindergarten will be offered starting SY 2011-2012.

• (2) DepEd will begin unclogging the basic education curriculum in SY 2012-2013.

• (3) The enhanced 12-year curriculum will be implemented starting with incoming Grade 1 students of SY 2012-2013.

• (4) Incoming freshmen of SY 2012-2013 will be the first beneficiary of a free Senior High School education that will be made available by DepEd in public schools beginning SY 2016-2017. Electives to be offered in Senior HS (arts, music, tech-voch..etc)

• In implementing the K-6-4-2 proposal, DepEd will take into account the issues and concerns of all stakeholders, including the high school graduates before 2016. This will be done through regional consultations to begin early 2011. The mechanics and other details of the transition plan will be threshed out with the coordination with CHED, TESDA and other critical stakeholders.

Why add two more years?• To decongest and enhance the basic education curriculum• To provide better quality education for all• The Philippines is the only remaining country in Asia with a 10-

year basic education program• K+12 is not new. The proposal to expand the basic education

dates back to 1925.• Studies in the Philippines have shown that an additional year of

schooling increases earnings by 7.5%.• Studies validate that improvements in the quality of

education will increase GDP growth by 2% to 2.2%.• Minus 2 instead of plus 2 for those families who cannot afford a

college education but still wish to have their children find a good paying job. Right now, parents spend for at least 4 years of college to have an employable child. In our model, parents will not pay for 2 years of basic education that will give them an employable child. In effect, we are saving parents 2 years of expenses. The plan is not “Plus 2 years before graduation” but “Minus 2 years before work

• To inspire a shift in attitude that completion of high school education is more than just preparation for college but can be sufficient for a gainful employment or career.

How much will this cost?• The immediate cost for the program will not be needed until 2016 when the

first year of the two additional years is implemented.• Meanwhile, we will continue to close the resource gaps in basic education –

the President ordered DepEd to its close resource gaps in 2 years.• At this time, we estimate the total funding requirement to procure all needed

resources at P150 billion for:• 152,569 new classrooms• 103,599 more teachers• 95.6 million more books• 13.2 million seatsWhat will society gain from K+12• K+12 will facilitate an accelerated economic growth.• K+12 will facilitate mutual recognition of Filipino graduates and

professionals in other countries.• A better educated society provides a sound foundation for long-term socio-

economic development.• Several studies have shown that the improvements in the quality of

education will increase GDP growth by as much as 2%. Studies in the UK, India and US show that additional years of schooling also have positive overall impact on society.

• Are private schools obliged to follow?• While we enjoy the support of private school

associations, we are yet to discuss with them the implementation of the program.

• Where are we at now?• Insufficient mastery of basic competencies is

common due to a congested curriculum. The 12 year curriculum is being delivered in 10 years.

• High school graduates are younger than 18 years old and lack basic competencies and maturity. They cannot legally enter into contracts and are not emotionally mature for entrepreneurship / employment.

• Other countries view the 10-year education cycle as insufficient.

• K+12 Education Vision

• Graduates of Enhanced K+12 Basic Education Program will:

• Acquire mastery of basic competencies.• Be more emotionally mature.• Be socially aware, pro-active, involved in public and

civic affairs.• Be adequately prepared for the world of work or

entrepreneurship or higher education.• Be legally employable with potential for better

earnings.• Be globally competitive.• Every graduate of the Enhanced K+12 Basic Education

Program is an empowered individual who has learned, through a program that is rooted on sound educational principles and geared towards excellence, the foundations for learning throughout life, the competence to engage in work and be productive, the ability to coexist in fruitful harmony with local and global communities, the capability to engage in autonomous critical thinking, and the capacity to transform others and one’s self.