Wednesday, September 14, 2005

Legal Bases for Education

Education Act of 1982

· The act is a long-range and comprehensive. It envisions an integrated educational system that will ensure the harmonious working of its various parts. Life-long education is made an integrated part of the educational system.

· The act applies to both formal and non-formal systems in both private and public schools in all levels of the entire educational system.

· The act declares the Basic Policy of the State (Section 3).

· And to attain all these goals the following have been set as Objectives of Educational System (Section 4).

· The act further states all educational institutions shall aim to inculcate love of country, teach the duties of citizenship and develop moral character, personal discipline and scientific, technological and vocational efficiency.

· Furthermore, the act states that the educational system shall reach out to educationally deprived community in order to give a meaningful reality to their membership in the national society to enrich their civic participation in the community and national life, and to unify all Filipinos into a free and just nation.

The act states that the state shall aid and support the natural right and duty of parents in rearing of the youth through the educational system (Section 5). It also included the following:

Ø Right of the School (Section 13)
The act have granted the institution of higher learning to determine on academic grounds who shall be admitted to study, who may teach and what the subjects of the study &research shall be.

Ø Maintenance of Quality Education
The act has provided alternatives to maintain the quality of education, one of them is the voluntary accreditation for those institutions desiring to meet the standard quality for state recognition (Section 29).

Another is the report mechanism which the act requires of teacher (Section 16) and administrators (Section 17). This report will be the basis for assessment of performance.

Ø Government Financial Support
The act also specifies government commitment to extend financial support and assistance to both private and public schools.

Ø Special Rights Of Teachers
Section 11 and Section 12 states that teachers and school administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, therefore, be accorded due respect & protection.

The act also guarantees free legal assistant in the event that the teachers are charged with civil, criminal, or administrative cases for actions committed directly in the lawful discharge of professional duties.

Section 11 states that act prohibits the giving of compulsory assignments not related to teachers duties without the teachers being paid additional compensation under existing laws.

OTHER LEGAL BASES

· Act No. 74 of the Philippine Commission- approved on January 21, 1901.
This act laid the foundations of the Philippine public school system and made English the language of instructions. It created the Department of Public Instruction and defined the duties of General Superintendent of schools. It also established the present organization of the public schools into school divisions and school districts.

Section 16 laid the legal basis for optional religious instruction in public school and set the limitations on the teacher’s religious activities.

This act also provided the legal basis for establishing of the Philippine Normal School and Trade School in Manila, and an Agricultural School in Negros.

· Republic Act No. 416- approved on June 18, 1949.
This act converted the Philippine Normal School to a “teacher college” which would offer courses leading to Bachelor of Science in Elementary Education and Master of Arts in Education. Since then, a Board of Trustees has governed it, which is responsible directly to the President of the Philippines.

· Republic Act No. 7168- approved on December 26, 1991.
It converted the Philippine Normal College to a university.

· Act No. 1870
Enacted by the Philippine Assembly and the Philippine Commision in 1908 founded the University of the Philippines. It is governed by a charter.

· Commonwealth Act No. 1
This is the basis of compulsory military training in schools.

· Commonwealth Act No. 586- also known as the Education Act of 1940.
It provides the legal basis for the present 6 year elementary course, the double-single session, the school entrance age, and the national support for elementary education.

· Commonwealth Act No. 80
It provides the legal basis for adult education.

· Presidential Decree No. 1139
It created the position of Deputy Minister for Non-formal Education which have the overall responsibility for the non-formal education program.

· Act No. 3377- also known as the Vocational Act
It is amended by act No. 3740 and Ra No. 175 which is of 1927 laid the basis for vocational education in public schools and made provision for its support.

· Act No. 2706 (1917)
It placed the private schools under the regulation and supervision of the Secretary of Public Instruction, Now Secretary of Dep Ed.
· MECS Order No. 84 (Education Act !982) calls for the recognition of academic programs of each private school in order to entitle it to give the student a certificate, title or diploma after the compleation of the course.

· Presidential Decree No. 1006- promulgated on September 22, 1976 and made effective on January 1, 1972.
According to this decree, teaching refers to the profession primarily concerned with the classroom instruction at the ele3mentary and secondary levels in both public and private schools. The term teacher refers to all persons engaged in teaching, including guidance counselor, school librarians, industrial arts/vocational teachers and all other person performing supervisory and administrative functions. A professional teacher is one who has “a permanent appointment under the Magna Carta for Public Scholl Teachers and all others who may qualify for registration.”

· Commonwealth Act No, 177
It placed the public school teachers under the Civil Service rules and regulation with reference to their examination appointment, transfer, separation leave and reinstatement, thus protecting the teachers tenure of office.

· Commonwealth Act No. 578
This confers the status of persons in authority upon supervisor, principals, teachers, and professors of public 7 private school. This act also provides penalty to any person found guilty of assault upon these teaching personnel imprisonment ranging from 6 months and I day to 6 years and a fine of 500 to 1000 pesos.




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