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Batas Pambansa 232
Transcript of Batas Pambansa 232
"Education Act of 1982"
Batas Pambansa Blg. 232
SECTION 2: This act shall apply to and govern both formal and non- formal systems in public and private schools in all levels of the entire educational system
DECLARATION OF BASIC POLICY
> It is the policy of the State to establish and maintain a complete, adequate and integrated system of education relevant to the goals of national development.
1. Achieve an accelerating rate of economic development and social progress.
2. Assure maximum participation of all people in the attainment and enjoyment of such growth.
3. Achieve and strengthen national unity and consciousness. Preserve, develop and promote desirable cultural, moral and spiritual values in a changing world.
DECLARATION OF OBJECTIVES
> Aims to provide for a broad general education that will assist each individual to...
A. Attain his potentials as a human being
B. Enhance the range of quality and individual and group participation in the basic functions of society
C. Acquire the essential educational foundation of his development into a productive and versatile citizen.
> Train the nation's manpower in the middle-level skills required for national development
n act providing for the establishment and maintenance of an Integrated system of education.
ALL EDUCATIONAL INSTITUTION SHALL
Inculcate love of country
Teach the duties of citizenship
Develop moral character
Scientific, technological and vocational efficiency
Furthermore, the educational system shall reach out to educationally deprived communities
II. The Educational Community
DECLARATION OF POLICY AND OBJECTIVES
> Foster a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society.
DEFINITION AND COVERAGE
" Educational Community"
THE MEMBERS AND ELEMENTS OF THE EDUCATIONAL COMMUNITY
I. GENERAL PROVISIONS
> Provide basic knowledge and develop the skills, attitude, and values
> Continue the objectives of elementary education
> Discover and enhance different aptitudes and interests of students
> Prepare them for tertiary education
> General education program that will promote national identity, cultural consciousness, moral integrity and spiritual vigor
> Develop professionals that will provide leadership for the nation
>Moreover, the state shall
1. Aid and support the natural right and duty of parents in the rearing of the youth through educational system.
2. Promote and safeguard welfare and interests of the students
3. Promote the social and economic status of all school personnel, uphold their rights, define their obligations, and improve their living and working conditions
4. Extend support to promote the viability of those institutions through which parents, students, and school personnel seek to attain their educational goals.
> Teaching or academic staff
> School administrators
> Academic non- teaching personnel
> Non- academic personnel
> Provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues and communicate information and suggestions
Rights of Parents
1.The rights to organize by 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 efficient implementation of such programs.
2. The right to access to any official record directly relating to the children who are under their parental responsibility.
Rights of students in school
1. The right to receive, primarily through competent instruction, relevant quality education in line with national goals and conducive to their full development as persons with human dignity.
2. Freely use their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations.
3. The right of school guidance and counseling services for making decisions and selecting the alternatives in fields of work suited to his potentialities.
4. The right to access his own school records , the confidentiality of which the school shall maintain and preserve.
5. The right of the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within 30 days from request.
6. Publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposium, and other activities of similar nature.
7. The right to free expression of opinions and suggestions and to effective channels of communication with appropriate academic and administrative bodies of the school or institution.
8. The right to form, establish, join and participate in organization and societies recognized by the school to foster their intellectual, cultural, intellectual and physical growth and development, or to form, establish, join and maintain organizations and societies and for purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their own organizations or societies.
Rights of school personnel
1. The rights to free expression of opinion and suggestions.
2. The rights to be provided with free legal services by appropriate government office in case of public school personnel and through the school authorities concerned in the case of private school personnel.
3. The right to establish, join and maintain labor organizations of their choice to promote their welfare and defend their interests.
4. The right to be free from involuntary contributions except those imposed by their own organizations.
Special rights and/or Privileges of teaching or Academic staff
1. The right to be free from compulsory assignments not related to their duties as defined in their appointment or employment contracts, unless compensated.
2. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore be accorded due respect the respect and protection.
3. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration in classroom teaching , or others , for purposes of career advancement.
Special rights of school
> Be accorded sufficient administrative discretion necessary for the efficient performance of their functions.
>School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities , and shall therefore be accorded due respect and protection.
Rights of School
1. 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 systems.
2. The right for institutions of higher learning to determine on academic grounds ho shall be admitted to study, who may teach and what shall be the subjects of the study and research.
Duties and responsibilities
Duties of Parents
1. Parents and individually or collectively, through
the school system shall help carry out the educational objectives in accordance with national goals.
2. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth.
3. Parents shall cooperate with the school in the implementation of the school program- curricular and co curricular.
1. Exert his utmost to develop his potentialities for service,
particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules of discipline, and by efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just compassionate and orderly society.
5. Exercise the rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others.
1. Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals, within the limits of available school resources.
3.Render regular reports on performance of each student and to the latter and the latter’s parents or guardian with specific suggestions for improvement.
1.Perform his duties to the school by discharging his responsibilities in accordance with the philosophy, goals and objective of the school;
2. Be accountable for the efficient and effective administration and management of school.
3. Develop and maintain 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.
Academic and non-teaching personnel
1. Improve himself professionally be keeping abreast of the latest trends and techniques in his profession.
2. Assume, promote and maintain an atmosphere conducive to service and learning
3. Promote and maintain an atmosphere conducive to service and learning.
Declaration of policy
The State recognizes that formal education or the school system, is society’s primary learning system, and therefore the main instrument for the achievement of the country’s educational goals and objectives.
NON- FORMAL EDUCATION AND SPECIALIZED EDUCATIONAL SERVICES
Specialized Educational Service
“ Work Education” or Practical Arts
– as a program of basic education
which aim to develop the right attitude towards work; and technical-vocational education post secondary but non-degree programs leading to one-two, or three year certificates in preparation for a group of middle-level occupations.
– the education of persons who are physically, mentally, emotionally, socially, or culturally different from the so called ”normal” individuals that they require modification of school practices/services to develop them to their maximum capacity;
“Non Formal Education”
any organization school- based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives for a particular clientele, especially the illiterates and the out-of-school youth and adults, distinct from and outside the regular offerings of the formal school system.
OBJECTIVES OF NON-FORMAL EDUCATION
1. To eradicate illiteracy and raise level of functional literacy of the population
2. To provide unemployed and underemployed youth and adults with appropriate vocational/technical skills
3. To develop proper values and attitudes
Establishment of schools
ll schools shall be established in accordance with law. The establishment of new national schools and conversion of existing schools from elementary to national secondary or from secondary to national secondary school shall be by law.
Recognition of schools
> The educational operations of schools shall be subject
to prior authorization of the government , and shall be effected by recognition. In case of government operated schools, whether local, regional, or national, recognition of educational programs and/or operations shall be deemed granted simultaneously with establishment.
In all other cases the rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and Sports defining therein who are qualified to apply providing for a permit system, stating the conditions for the grant of recognition and for its cancellation and withdrawal, and providing for related matters.
Effects of Recognition ; Punishable Violations. - the issuance of a certificate of recognition to a school shall have the following effects:
1. It transform the temporary permit to a permanent authority to operate;
2. It entitles the school or college to give the students who have completed the course for which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the student who have graduated from said recognized courses to all the benefits and privileges enjoyed by graduates in similar courses of students in all schools recognized by the government
Operations of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are hereby declared punishable violations subject to the penalties provided in this Act.
Voluntary Accreditation – the Ministry shall encourage programs of voluntary accreditation for institutions which desire to meet standards of quality over and above the minimum required for State recognition.
Organization of Schools
- each school shall establish
such internal organizations as will best enable it to carry out its academic and administrative functions, subject to limitations provided by law.
Each school shall establish such arrangements for the peaceful settlement of disputes between or among the members of the educational community.
- every government college or
university established as a tertiary institution and every private school shall have a governing board pursuant to its Charter or to the Corporation Code of the Philippines, as the case may be.
- the terms and conditions of employment of personnel in government schools shall be governed by the Civil Service, budgetary and compensations laws and rules.
In private schools, disputes arising from employer-employee relation shall fall under the jurisdiction of the Ministry of Labor and Employment as provided for by law and regulations
School finance and assistance
Declaration of Policy
- it is hereby declared to be the policy of the State that the national government shall contribute to the financial support of educational programs pursuant to the goals of education as declared in the Constitution. Towards this end, the government shall:
1. Adopt measure to broaden access to education through financial assistance and other forms of incentives to schools, teachers, fiscal and students; and
2. Encourage and stimulate the private support to education through, fiscal, and other assistance measures.
Funding of public school
Public shall continue to be funded primarily from national funds. Provided, that local government shall be encouraged to assume operation of local public schools on the basis of national fund participation and adequate revenue sources which may be assigned by the national government for the purpose.
Financial Aid and Assistance to Public Secondary Schools
- the national government shall extend financial and assistance to the public secondary schools established and maintained by the local governments, including barangay high schools.
Share of Local Government.
Provinces, cities and municipalities and barangay shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation.
Tuition and other School Fees
Secondary and post- secondary schools may charge tuition and other school fees, in order to improve facilities or to accommodate more students;
Income from Other Sources
Government-supported educational institutions may received grants, legacies, donations, and gifts for purposes allowed by existing laws
Incentives to Education
Declaration of Policy
It is the policy of the State in the pursuit
of the national educational development goals to provide an incentive program to encourage the participation of the community in the development of the educational sector.
Relating to School Property
Real property such as lands, buildings and other improvements thereon used actually, directly and exclusively for educational purposes shall be subject to the real property tax based on an assessment of 15% of the market value of such property
Relating to Gifts or Donations to Schools
All gifts or donations is favor of any school, college, or university recognized by the government shall not be subjected to tax : Provided, That such gifts or donations shall be for improvement of classrooms, and laboratory or library facilities, and shall not ensure to the benefit of any officer, director, official, or owners of the school or paid out as a salary.
Relating to Earnings from Established Scholarship Funds
All earnings from the investment of any duly established scholarship funds of any school recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school. If said earnings are actually used to fund additional scholarship grants to financially deserving students shall be exempt from tax until the scholarship funds is fully liquidated, when the outstanding balance thereof shall be subject to tax
Conversion to Educational Foundations
Conversion to educational institution may convert itself into a non-stock. Non profit educational foundation, in accordance with the implementing rules to be issued jointly by the Ministry of education, Culture and Sports and the Ministry of Finance.
Government Assistance to Students
The government shall provide financial assistance to financially disadvantage and deserving students. Such assistance may be in the form of State Scholarship, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in State colleges and universities.
Grant of Scholarship Pursuant to existing laws
Educational institution shall be encouraged to grant scholarships pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided by law.
Assistance from the private Sector
The private sector, especially educational institutions, business and industry, shall be encouraged and grant financial assistance to students, especially those undertakings research in the field of Science and Technology or in such projects as may be necessary within the context of national development.