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“Anti-Bullying Act of 2013”

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Novy Kris

on 16 February 2014

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Transcript of “Anti-Bullying Act of 2013”

“Anti-Bullying Act of 2013”
Republic Act 10627

References:
“Anti-Bullying Act of 2013”
-an act requiring all elementary and
secondary schools to adopt policies to prevent and address the acts of bullying in their institutions

Section 1. SHORT TITLE
This Act shall be known as
the “Anti-Bullying Act of 2013”.

Section 2: ACTS OF BULLYING
“Bullying” shall refer to any severe or repeated
use byone 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;
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 andsubstantially disrupting the
education process or the orderly
operation of a school;
such as, but not limited to,
the following:


Section 2: ACTS OF BULLYING
a. Any unwanted physical contact between the bully and the victim like punching,
pushing, shoving ,kicking, slapping, tickling, headlocks, inflicting school
pranks, teasing, fighting and the use of available objects as weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional
distress like directing foul language or profanity at the target, name-calling,
tormenting and commenting negatively on victim’s looks, clothes and body

d. Cyber-bullying or any bullying done through the use of technology or any
electronic means.

Section 3.
(b) Identify the range of disciplinary administrative
actions that may be taken against a perpetrator
for bullying or retaliation which shall be
commensurate with the nature and gravity of
the offense;

(c) Establish clear procedures and strategies for:
1) Reporting acts of bullying or retaliation;
2) Responding promptly to and investigating
reports of bullying or retaliation;

Section 3
3) Restoring a sense of safety for a victim and assessing the
student’s need for protection;
4) Protecting from bullying or retaliation of a person who
reports acts of bullying, provides information
during an investigation of bullying, or is witness to
or has reliable information about an act of bullying;
and
5) Providing counseling or referral to
appropriate services for perpetrators, victims
and appropriate family members of
said students;

Section 3
(d) Enable students to anonymously report bullying or
retaliation: Provided, however, That no disciplinary
administrative action shall be taken against a perpetrator solely on
the basis of ananonymous report;

(e) Subject a student who knowingly makes a false accusation
of bullying to disciplinary administrative action; and

(f) Educate parents and guardians about the dynamics of bullying,
the anti-bullying policies of the school and how parents and
guardians can provide support and reinforce such
policies at home.

Section 6.
The Secretary of the Department of Education shall prescribe the appropriate administrative sanctions on school administrators who shall fail to comply with the requirements under this Act
Section 7.
IMPLEMENTING RULES AND REGULATIONS
Implementing Rules
and Regulations of the
Anti-Bullying Act of 2013
EDUC 32 – The Teaching Profession
Beryl Ann N. Bacoy
Novy Kris D. Taboclaon

Flores, Helen M. & Sy, Marvin. Anti-Bullying Law Enacted. September 19, 2013 . Retrieved from http://www.philstar.com

Official Gazette. http://www.gov.ph/2013/09/12/republic-act-no-10627

Philippine Information Agency. September 19, 2013. http://news.pia.gov.ph.

Hernandez, Zen. First in PH: Anti-bullying Campaign Launched In Schools. September 5, 2013. Retrieved from http:// abs-cbnnews.com

Objectives:
To identify the governing principles of the Anti- Bullying Act of 2013

To recognize the structure and provisions of the Anti- Bullying Act of 2013

Topic Outline:

Introduction To R.A. 10627

Sections of the “Anty-Bullying Act of 2013”

Implementing Rules and Regulations of the
Anti- Bullying Act of 2013

Section 3.
ADOPTION OF ANTI-BULLYING POLICIES
All elementary and secondary schools are hereby
directed to adopt policies to address the existence
of bullying in their respective institutions. Such policies
shall be regularly updated and, at minimum, shall
include provisions which:

a. Prohibit the following acts:

1) Bullying on school grounds.
2) Bullying at a location, activity, function or
program that is not school related.
3) Retaliation against a person who
reports bullying


ADOPTION OF ANTI-BULLYING POLICIES
ADOPTION OF ANTI-BULLYING POLICIES
ADOPTION OF ANTI-BULLYING POLICIES
Section 4. MECHANISMS TO ADDRESS BULLYING.
The school principal or any person who holds a
comparable role shall be responsible for the
implementation and oversight of policies intended to
address bullying.


(a) Notify the law enforcement agency

(b) Take appropriate disciplinary administrative action;

(c) Notify the parents or guardians of the perpetrator; and

(d) Notify the parents or guardians of the victim

Section 5. REPORTING REQUIREMENT
All schools shall inform their respective schools
division Superintendents in writing about the anti-bullying policies formulated within six (6) months from the effectivity of this Act. Such notification shall likewise be an administrative requirement prior to the operation of new schools.Beginning with the school year after the effectivity of this Act, and every first week of the start of the school year thereafter, schools shall submit a report to their respective schools division superintendents all relevant information and statistics on acts of bullying or retaliation.

SANCTION FOR NONCOMPLIANCE
DepED shall promulgate the necessary rules
and regulations to implement the provisions
of this Act.

RULE I. PRELIMINARY PROVISIONS


These rules shall be known as the “Implementing Rules and Regulations of the Anti-Bullying Act of 2013.”

These rules shall cover all public and private kindergarten, elementary and secondary schools and learning centers.

RULE II. DEFINITION OF TERMS

“Social bullying” – refers to any deliberate, repetitive and aggressive
social behavior intended to hurt others or to belittle another
individual or group.

“Gender-based bullying” – refers to any act that humiliates or
excludes a person on the basis of perceived or actual sexual
orientation and gender identity (SOGI).

“Bully” – refers to any student who commits acts of bullying
as defined by the Act or this IRR.
 
“Bullied” or “Victim” – refers to any student who experiences
the acts of bullying or retaliation as defined by the Act
or this IRR.

RULE II. DEFINITION OF TERMS

“Bystander” – refers to any person who witnesses or has personal knowledge
of any actual or perceived acts or incidents of bullying or retaliation as defined by this IRR.

 “Learning center” – refers to learning resources and facilities of a
learning program for out-of-school youth and adults as defined in
DepED Order. No. 43, s. 2013.

“Service provider” – refers to any person who is not a teacher or
school personnel but who works in the school, such as, but not limited
to, security guards, canteen personnel, utility workers, and
transportation service personnel.

“Student” – refers to a person who attends classes in any level of basic
education

RULE III. ANTI-BULLYING POLICIES
All public and private kindergarten, elementary and secondary schools shall adopt policies to address the existence of bullying in their respective institutions. Such policies shall be regularly updated and, at a minimum, shall include provisions on prohibited acts, prevention and intervention programs, mechanisms and procedures.

RULE IV.PROHIBITED ACTS
The anti-bullying policy shall prohibit:

1. Bullying at the following:

a. school grounds
b. property immediately adjacent to school grounds
c. school-sponsored or school-related activities, functions
or programs whether on or off school grounds
d. school bus stops
e. school buses or other vehicles owned, leased or used
by a school
f. school buses or school services privately-owned but
accredited by the school.

RULE IV.PROHIBITED ACTS
2. Bullying through the use of technology or an electronic device or other forms of media owned, leased or used by a school.

3. Bullying at a location, activity, function or program that is not school-related and through the use of technology or an electronic device or other forms of media that is not owned, leased or used by a school; and

4. Retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying.

RULE V.
PREVENTION AND INTERVENTION PROGRAM TO ADDRESS BULLYING
Programs for preventions shall be comprehensive, multi-faceted and shall involve all education stakeholders and personnel. The programs may be:

a. School-wide initiatives
b. Classroom-level initiatives
c. Involving parents in bullying prevention activities.

RULE V. PREVENTION AND INTERVENTION
PROGRAM TO ADDRESS BULLYING
There shall be intervention programs to promote the continuity of comprehensive anti-bullying policies that are designed to address the following:

a. issues that influence the student to commit bullying
b. factors that make a student a target of bullying
c. effects of bullying.

RULE VI. MECHANISMS AND PROCEDURES IN
HANDLING BULLYING INCIDENTS IN SCHOOLS
In addition to the duties and responsibilities of education stakeholders enumerated in Sections 4 to 9 of DepED Order No. 40, s. 2012, the following offices and persons shall have the following duties and responsibilities:

Central Office
Regional Offices
Division Offices
Schools
Teachers and Other School Personnel
Child Protection Committee

RULE VI. MECHANISMS AND PROCEDURES IN
HANDLING BULLYING INCIDENTS IN SCHOOLS
Procedures in Handling Bullying Incidents in Schools:

Immediate Responses
Reporting the Bullying Incident or Retaliation
Fact-Finding and Documentation
 Intervention
Referral
Disciplinary Measures
Due Process
Applicability of RA 9344, as amended, and other related laws
False Accusation of Bullying

RULE VII. MISCELLANEOUS PROVISIONS
Section 12. Training and Development

The Department shall include in its training programs courses or
activities which shall provide opportunities for school administrators,
teachers and other employees to develop their knowledge and skills
in preventing or responding to incidents of bullying or retaliation.


Section 13. Reporting Requirement

All private and public kindergarten, elementary and secondary
schools shall submit a copy of their child protection or anti-bullying
policy to the Division Office within six (6) months from the effectivity
of this IRR.

RULE VII. MISCELLANEOUS PROVISIONS
Section 14. Sanctions for Non-compliance
(Public Schools and Private Schools)

School personnel of public kindergarten, elementary or secondary schools who fail to comply with the provisions of the Act or this IRR shall be subject to administrative disciplinary proceedings in accordance with the Civil Service Rules and the relevant issuances of the Department of Education and in Private Schools, it will be subject to appropriate disciplinary sanctions as may be imposed by the private school.

RULE VII. MISCELLANEOUS PROVISIONS
Section 15. Separability Clause

Any part or provision of this Department Order which may be held invalid or unconstitutional shall not affect the validity and effectivity of the other provisions.

Section 16. Amendment of DepED Order No 40, s. 2012.

The provisions of DepED Order No 40, s. 2012, on bullying are hereby deemed amended by this IRR. All other provisions of DepED Order No 40, s. 2012 shall remain in full force and effect.

RULE VII. MISCELLANEOUS PROVISIONS
Section 16. Repealing Clause

All prior Department Orders or other issuances, or provisions thereof, inconsistent with this IRR are hereby repealed, revised or modified accordingly.

Section 17. Effectivity

This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

This IRR shall be registered with the Office of the National Administrative Register at the UP Law Center, University of the Philippines, Diliman, Quezon City.

THE END

Section 16. Repealing Clause

All prior Department Orders or other issuances, or provisions thereof, inconsistent with this IRR are hereby repealed, revised or modified accordingly.

Section 17. Effectivity

This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

This IRR shall be registered with the Office of the National Administrative Register at the UP Law Center, University of the Philippines, Diliman, Quezon City.

THE END
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