Legal Bases of EducationBy: Christian Mespher A. Hernandez Philippine Normal University M.A. Educational Management EdM 514 School Legislation Article II DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES • Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. The State shall protect and promote the right of all citizens to quality education at all levels.Article xiv EDUCATION. . ARTS. CULTURE AND SPORTS EDUCATION Section 1. SCIENCE AND TECHNOLOGY. and shall take appropriate steps to make education accessible to all. Without limiting the natural rights of parents to rear their children. and integrated system of education relevant to the needs of the people and society. elementary education is compulsory for all children of school age. The State shall: 1. adequate. 2.Section 2. maintain. Establish. and support a complete. Establish and maintain a system of free public education in the elementary and high school levels. . and out-of-school study programs particularly those that respond to community needs. Encourage non-formal. student loan programs. especially to the under-privileged.3. and 5. and other skills. vocational efficiency. independent. 4. and other incentives which shall be available to deserving students in both public and private schools. subsidies. Provide adult citizens. the disabled. as well as self-learning. Establish and maintain a system of scholarship grants. informal. . and indigenous learning systems. and out-ofschool youth with training in civics. . develop moral character and personal discipline. 1.Section 3. All educational institutions shall include the study of the Constitution as part of the curricula. encourage critical and creative thinking. and promote vocational efficiency. appreciation of the role of national heroes in the historical development of the country. strengthen ethical and spiritual values. 2. teach the rights and duties of citizenship. foster love of humanity. They shall inculcate patriotism and nationalism. broaden scientific and technological knowledge. respect for human rights. At the option expressed in writing by the parents or guardians. . religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong.3. without additional cost to the Government. Section 4. other than those established by religious groups and mission boards. Educational institutions. The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions. shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. require increased Filipino equity participation in all educational institutions. 1. 2. The control and administration of educational institutions shall be vested in citizens of the Philippines. The Congress may. . however. unless otherwise provided by law. . The provisions of this sub section shall not apply to schools established for foreign diplomatic personnel and their dependents and.No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. for other foreign temporary residents. including restrictions on dividends and provisions for reinvestment. 4. and exclusively for educational purposes shall be exempt from tax. all grants. . directly.3. subject to the limitations provided by law. directly. All revenues and assets of non-stock. Subject to conditions prescribed by law. Upon the dissolution or cessation of the corporate existence of such institutions. non-profit educational institutions used actually. may likewise be entitled to such exemptions. including those cooperatively owned. Proprietary educational institutions. or contributions used actually. their assets shall be disposed of in the manner provided by law. endowments. donations. and exclusively for educational purposes shall be exempt from taxes and duties. reasonable. 1.Section 5. 3. subject to fair. Every citizen has a right to select a profession or course of study. 2. and equitable admission and academic requirements. Academic freedom shall be enjoyed in all institutions of higher learning. The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs. . .4. The State shall enhance the right of teachers to professional advancement. 5. Non-teaching academic and non-academic personnel shall enjoy the protection of the State. 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. Sec. XIV." (Art. 1) .Overview of Philippine Educational System Mandate 1987 1994 2001 1987 Philippine Constitution DECS is the principal government agency responsible for education and manpower development. “The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. State of Education is in a decline.. and d) „systemic corruption'. .. Congressional Commission on Education (EDCOM) report of 1991 Due to four main factors: a) mismanagement of the educational system b) not investing wisely in education c) lack of management competencies. a person may either reenter the formal school system or get employed after taking the Philippine Educational Placement Test (PEPT).• “On completing any of the (non-formal education) programs. ”On the reports embodied in the EDCOM report is enhancement and equalization of opportunities in basic education by encouraging alternative modes through equivalency and certification mechanisms. . • More ways to accredit or certify education obtained through NFE programs need to be developed. which absorbed the Bureau of Technical-Vocational Education plus the National Manpower and Youth Council. • On 25 August 1994. the Technical Education and Skills Development Act of 1994.The Birth of Tri-focalized System of Education in the Philippines • The Congressional Commission on Education (EDCOM) report of 1991 recommended the division of DECS into three parts. On 18 May 1994. creating the Commission on Higher Education (CHED). and supervises tertiary degree programs. which assumed the functions of the Bureau of Higher Education. DECS retained responsibility for all elementary and secondary education. and supervises non-degree technical-vocational programs. Congress passed Republic Act 7796. the Higher Education Act of 1994. creating the Technical Education and Skills Development Authority (TESDA). Congress passed Republic Act 7722. . middle-level manpower training and development DECS .Overview of Philippine Educational System Mandate 1987 1994 2001 Tri-focalization of Education RA 7722 and RA 7796 created: DECS for basic education CHED for higher education TESDA for post-secondary. Republic Act 9155. productive and patriotic citizens . otherwise called the Governance of Basic Education Act. was passed transforming the name of the Department of Education. RA 9155 provides the overall framework for (i) school head empowerment by strengthening their leadership roles and (ii) school-based management within the context of transparency and local accountability. self-reliant. division offices. knowledge. district offices and schools). and values to become caring.In August 2001. Culture and Sports (DECS) to the Department of Education (DepEd) and redefining the role of field offices (regional offices. The goal of basic education is to provide the school age population and young adults with skills. Overview of Philippine Educational System Mandate 1987 1994 2001 “Governance of Basic Education Act of 2001” RA 9155: Formally renamed DECS as the Department of Education and transferred “culture” and “sports” to the National Commission for the Culture and the Arts and the Philippine Sports Commission DECS . • ICT in Education • Partnerships with Private Sector/Industry • Increase spending for Basic Education Vision: Functionally Literate Filipinos Teacher Development and Supply • SBM • Critical learning resources Teachers • Hiring and deployment • Training • Certification Program • Teachers benefits and Welfare • RBEC • Tech Voc • Food for • English. Math • Every Child a • NAT Reader • NCAE • Multi-Grade • A&E • Distance and alternative learning CHED • Pre-school • Feeding Special Education B A S I C Elementary ECE DSWD DOH LGUs E D U C AT I O N High School ? NCAE + Counselling College/ University Grade 1 Readiness Test Public Schools Private Schools Drop-outs Technical Vocational TESDA Labor Force Alternative Learning Accreditation & Equivalency Basic Education Framework INDUS TRY . school Science.