k-12 programs

1. K to 12
LEGAL IMPLICATIONS & TRANSITION
CHALLENGES
Atty. Joseph Noel M. Estrada

2. K to 12
Launched October 5, 2010
Signed into Law May 15, 2013
IRR approved September 4, 2013

4. DECLARATION OF POLICY
Article XIV, Section 2(1) of the 1987 Philippine
Constitution
The State shall establish, maintain, and support
a complete, adequate, and integrated system of
education relevant to the needs of the people
and society;

5. SEC. 3. Basic Education. Basic education is
intended to meet basic learning needs which
provides the foundation on which subsequent
learning can be based. It encompasses
kindergarten, elementary and secondary
education as well as alternative learning systems
for out of-school learners and those with special
needs.

6. Culled from Sec. 4(b) of REPUBLIC ACT NO.
9155, “GOVERNANCE OF BASIC EDUCATION,
ACT”

7. ENHANCED BASIC EDUCATION
AT LEAST
one (1) year of kindergarten education
six (6) years of elementary education
six (6) years of secondary education
Secondary education includes:
four (4) years of junior high school, and
two (2) years of senior high school

8. THREE (3) STAGES IN BASIC EDUCATION
KINDERGARTEN EDUCATION
ELEMENTARY EDUCATION
SECONDARY EDUCATION

9. ENHANCED BASIC EDUCAITON
• R.A. 10157, “Kindergarten Act of 2012” –
Institutionalization of Kindergarten Education.
• Elementary Education- compulsory; second
stage; fixed at six years (no longer usually 6 or
7); entrants are typically 6 year olds

10. • Secondary Education- compulsory third stage;
Junior HS and Senior HS; 14 and 16 year old
entrants respectively

11. CHANGES INTRODUCED:
• Confirms the institutionalization of mandatory
Kinder as part of basic education;
• Fixes Elementary education to 6 years;
• Basic Education now includes junior high
school and senior high school; and
• Secondary education is made “compulsory”.

12. Compulsory Secondary Education?
Art. XIV, Constitution, Section 2. The State shall:
“Establish and maintain, a system of free public
education in the elementary and high school
levels. Without limiting the natural rights of
parents to rear their children, elementary
education is compulsory for all children of
school age;”

13. “Compulsory Basic Education. It shall be
compulsory for every parent or guardian or
other persons having custody of any child to
enroll such child in basic education, irrespective
of learning delivery modes and systems, until
its completion, as provided for by existing laws,
rules, and regulations.” (Sec. 7, IRR)

14. Mandatory
vs.
Compulsory

15. Elementary Education Act of 1953
SECTION 5.It shall be compulsory for every
parent or guardian or other person having
custody of any child to enrol such child in a
public school, the next school year following the
seventh birthday of such child, and such child
shall remain in school until the completion of an
elementary education SUBJECT TO EXCEPTIONS.

16. By making secondary education compulsory, it
creates an obligation that is legally
demandable.
But whose primary obligation is it to provide
elementary and secondary education?
•

17. Primary Obligation of Parents as part of civil
obligation to send their children to school.
It is therefore compulsory for parents to keep
their children in school as long as the
government can provide free public schools,
which now includes secondary education.

18. Compulsoriness “in the nature of
moral compulsion”
No Penalty provided.

19. • Revised Penal Code, Art. 277. Abandonment
of minor by person entrusted with his custody;
indifference of parents. — The penalty of
arresto mayor and a fine xxx
• shall be imposed upon the parents who shall
neglect their children by not giving them the
education which their station in life require
and financial conditions permit.

20. Implication of Compulsory
Secondary Education
• If at all, the implication of a compulsory
secondary education in the K to 12 Law
would be to ever highlight the government’s
duty to provide enough schools and keep
students in school; and reduce, if not
completely eradicate, student dropouts.

21. NO TO MOTHER TONGUE!

22. YES TO MOTHER LANGUAGE!

23. Mother Language
Kinder and Grades 1-3 teaching materials shall
be in native language
Grades 4-6- DepEd shall introduce mother
language transition program introducing Filipino
and English.

24. Mother Language – refers to the language/s first
learned by the child, which he identifies with,
used as a native language, knows best and uses
most. Includes sign language of PWDs.
Native Language- traditional speech variety in
the region, area, or place.

26. TRANSITION ISSUES AND
CHALLENGES

27. Transition Period
• Section 32. Transition Period. The
transition period shall be reckoned
from the date of the approval of this
IRR until the end of 2021-2022.

28. • It is humbly submitted, however, that
the real transition period should be up
to the time when the first batch of
Kinder in SY 2012-2013 is expected to
finish senior high school, which is after
SY 2024-2025.

29. • Assumptions:
• 1.1M Students from public Junior HS in 2016
• .4M Students from private schools
• No college freshmen in SY 2016-2017 and SY
2017-2018
• No college graduate in SY 2021-2022

30. Assumptions
• Majority of students from public HS will take
the tech-voc and livelihood track in SHS, and
a few will pursue Higher Education in SY
2018-2019
• Majority of students from private schools will
take the academic track in SHS and pursue
Higher Education in SY 2018-2019

31. K-12-16!

32. I. Enhanced Basic Education System
II. Teacher Education and Training
III. Teacher Qualifications and Hiring
IV. E-GASTPE and Other Financial
Arrangements
V. Other Transition Issues

33. • SEC. 4. Enhanced Basic Education Program. –
The enhanced basic education program
encompasses at least one (1) year of
kindergarten education, six (6) years of
elementary education, and six (6) years of
secondary education, in that sequence.
Secondary education includes four (4) years
of junior high school and two (2) years of
senior high school education.

34. Elementary = 6 years
High School
Junior High School= 4 years
Senior high School= 2 years
_____________
• Total 12 years

35. Can schools adopt a different duration
and sequence of basic education?
4-4-4= 12?
7-5=12?
4-2-2-4=12?

36. • Number of Years and Sequence of Levels
Fixed
• PEIs are given flexibility in the content and
standards

37. • Thus, without deviating from the order of
sequence and the number of years for each
level of basic education, private schools may
further designate such levels into lower,
middle, and high school programs depending
on its systems for monitoring teaching and
learning.

38. K-12 Labor
Transition Issues
Affecting PEIs

39. Teacher Education and Training

40. • SEC.7. Teacher Education and Training. – To
ensure that the enhanced basic education
program meets the demand for quality
teachers and school leaders, the DepEd and
the CHED, in collaboration with relevant
partners in government, academe, industry,
and non-governmental organizations, shall
conduct teacher education and training
programs, as specified:

41. a) In-service Training on Content and Pedagogy.
– Current DepEd teachers shall be retrained to
meet the content and performance standards
of the new K to 12 curriculum.
The DepEd shall ensure that private
education institutions shall be given the
opportunity to avail of such training.

42. b) Training of New Teachers. – New graduates
of the current Teacher Education curriculum
shall undergo additional training, upon hiring,
to upgrade their skills to the content standards
of the new curriculum. Furthermore, the CHED
in coordination with the DepEd and relevant
stakeholders, shall ensure that the Teacher
Education curriculum offered in these Teacher
Education Institutes (TEIs) will meet the
necessary quality standards for new teachers.

43. • “Duly recognized organizations acting as
TEIs, in coordination with the DepEd, CHED
and other relevant stakeholders, shall ensure
that the curriculum of these organizations
meet the necessary quality standards for
trained teachers.”

44. • INSET covers the current teachers as part of
their continuing professional development.
• Pre-service Training- new graduates referred
to are those graduates under the teacher
education standards prescribed under CMO
30, Series of 2004 or CMO 52, series of 2007,
or earlier versions of the curriculum.

45. Who gives the INSET and PRE-SET?
1) TEIs
2) Acting TEIs (Also known as
D.R.O.A.T.S.)

46. D.R.O.A.T.S.

47. The term “duly recognized organizations acting
as TEIs” refers to organizations, other than
schools or HEIs, contracted out by the DepEd
during the transition and for a fixed period, to
provide teacher training for purposes of
retooling the graduates of the Teacher
Education curriculum, and only in such areas
where there is a shortage of trained teachers.
(Sec. 12.2 of the IRR)

48. DROATs’ role in training new teachers might
diminish or become irrelevant, once existing
TEIs or HEIs have aligned their Teacher
Education curriculum with the enhanced basic
education curriculum under the K to 12 Law.

49. Teacher Qualifications & Hiring

50. Who are qualified to teach?
a) Graduates, with 5 year LET condition
b) Tech-voc graduates
c) Faculty of HEIs
d) Experts

51. • Who are qualified to teach in K to 12?
1) Graduates of science, mathematics,
statistics, engineering, music and other degree
courses with shortages in qualified Licensure
Examination for Teachers (LET) applicants to
teach in their specialized subjects in the
elementary and secondary education.

52. • Provided, That they pass the LET within five
(5) years after their date of hiring: Provided,
further, That if such graduates are willing to
teach on part-time basis, the provisions of LET
shall no longer be required;

53. “Qualified LET applicants shall also
include graduates admitted by
foundations duly recognized for their
expertise in the education sector and who
satisfactorily complete the requirements
set by these organizations”

54. Foundations as alternative
source of qualified teachers

55. FOUNDATIONS?

56. • The term “foundations,” as used in this
section, refers to non-profit organizations,
which are not operating as educational
institutions, contracted out by the DepEd for
a fixed period, to provide volunteers to teach
in basic education in areas where there is a
shortage of qualified teachers.

57. • Volunteers are included in the term
“Graduates”.
• 5 year period to pass the LET shall
apply to them

58. • 5 year period to pass the LET; except
for Part-Timers

59. • Sec. 8 (a) pertain to “New Hires”,
not Existing Faculty.
• Qualifications of Existing Faculty to
teach in Secondary Education are
covered by Section 8[c] of RA 10533

60. • It’s possible where a faculty of HEI transfers
to teach in secondary education after his or
her employment as faculty is terminated by
reason of authorized causes under the Labor
Code. In as much as the said faculty in
this circumstance is considered as a
“new hire”…

61. …Should the LET requirement within 5
years be applied to the faculty?
Or should the faculty qualify under
Section 8[c]?

62. Technical Vocational Teachers
• (b) Graduates of technical-vocational courses
to teach in their specialized subjects in the
secondary education: Provided, That these
graduates possess the necessary certification
issued by the TESDA:

63. Tech-Voc Teachers
• No Academic Requirement.
• Certificate from TESDA is required.
• Must undergo INSET for New Teachers.

64. Tech-Voc Teachers
• Phil. TVET Trainers Qualification and
Certification System
• PQF under E.O. 83 must be harmonized with
K to 12

65. Tech-Voc Teachers
• To attain the appropriate National TVET
Trainer Certificate (NTTC) Level I or II, the
following are required:
• 1) Acquire the NC Level of the qualification
appropriate in the training program being
handled but not lower than NC II;
• 2) Acquire the Trainers Methodology
Certificate (TMC) I or II.

66. Faculty of HEIs
• (c) Faculty of HEIs be allowed to teach in their
general education or subject specialties in
the secondary education: Provided, That the
faculty must be a holder of a relevant
Bachelor’s degree, and must have
satisfactorily served as a full-time HEI faculty;

67. Faculty of HEIs
• No Master’s Degree Requirement?
• Must be read in harmony with minimum
academic requirements of CHED for
faculty.

68. Faculty of HEIs
• CHED has the power to administer, supervise,
and to a certain extent regulate higher
education institutions. The power to
prescribe the minimum standards for
programs and institutions of higher learning
necessarily includes prescribing the minimum
academic qualifications of faculty and other
academic personnel.

69. • Must be a full-time faculty.
• Part-time faculty may teach:
– if he/she falls under Sec. 8 (a) but subject to LET
requirement within a period of 5 years; or
– He/she qualifies as an expert under DepEd
guidelines.

70. • (d) The DepED and private education
institutions may hire practitioners, with
expertise in the specialized learning areas
offered by the Basic Education Curriculum, to
teach in the secondary level; Provided, That
they teach on part-time basis only. For this
purpose, the DepED, in coordination with the
appropriate government agencies, shall
determine the necessary qualification
standards in hiring these experts.

71. • DOLE-DECS-CHED-TESDA Order No. 1, Series
of 1996 (Joint Order of 1996) provides for the
definition of full-time and part time academic
personnel. It reads:
– Full-time academic personnel are those meeting
all the following requirements:

72. • 1. Who possess at least the minimum
academic qualifications prescribed by the
Department of Education, Culture and Sports
for Basic Education, the Commission on Higher
Education for Tertiary Education and the
Technical Education and Skills Development
Authority for Technical and Vocational
Education under their respective Manual of
Regulations governing said personnel;

73. • 2. Who are paid monthly or hourly based on
the normal or regular teaching loads as
provided for in the policies, rules and
standards of the agency concerned;

74. • 3. Whose regular working day of not more
than eight (8) hours a day is devoted to the
school;
• 4. Who have no other remunerative
occupation elsewhere requiring regular hours
of work that will conflict with the working
hours in the school and;

75. • 5. Who are not teaching full-time in any other
educational institution.
• All teaching or academic personnel who
do not meet the foregoing qualifications are
considered part time and are therefore not
eligible for regularization regardless of the
number of years served in the educational
institution.”

76. Other Labor Implications
• If a faculty is allowed to teach in the
Secondary Education Program, will the
academic status change?

77. • Yes if the Faculty teaches Secondary
Education Program in another Educational
Institution, he/she is considered a part-time.

78. • What is the status of the faculty
who teaches at the secondary
education of the same educational
institution?

79. • He/She is considered Part-time
under the definition provided in the
Joint Order of 1996.

80. “3. Whose regular working day of not more than
eight (8) hours a day is devoted to the school”
• -SHOULD BE VIEWED IN THE LIGHT OF K TO
12.
• “SCHOOL” should be taken to mean
educational institution.

81. • Faculty who will teach in the Secondary
Education of the same educational institution
should be allowed to keep his/her full-time
status BUT ONLY DURING THE TRANSITION
PERIOD.

82. But keeping the same Academic Rank and
Rate:
• Not automatic.
• Must be subject to institutional policy
on academic ranking

83. LABOR CODE
ART. 100. PROHIBITION AGAINST ELIMINATION
OR DIMINUTION OF BENEFITS.

84. Diminution in Pay?
• Change of Assignment/New
curriculum
• De-Loading of Full-time Faculty

85. Tests to Apply
Inherent Management Prerogative?
Proprietary Right of the School?
Vs.
Entitlements enforceable/demandable
obligation against the school?

86. Exodus of faculty to other industries or to
public schools will likely cause many
private HEIs to close.

87. LET IT BE KNOWN:
HEIs need to keep their qualified faculty
because it would cost them more to lay
them off.

88. What happens tothose who don’t qualify?

89. OPTIONS FOR THE SCHOOL
I. PROBATIONARY AND PART-TIME FACULTY:
Non-RenewalOf Contracts

90. OPTIONS FOR THE SCHOOLS
II. FOR TENURED FACULTY:
1. RE-CLASSIFY TO ADMINISTRATIVE OR
ACADEMIC SUPPORT POSITIONS
2. Assign Faculty to do research for 2 years
3. Payroll employment for 2 years
4. Floating Status

91. 5. Offer Redundancy or Retrenchment Programs
6. Sabbatical Leave
7. Apply Retirement Plan or Offer Early
Retirement Package
8. Offer Voluntary Redundancy Program

92. IMPLICATIONS TO RETAINED
FACULTY
1. Pay rates: Public vs. Private; annualized vs.
per unit; lower academic rank
2. Teaching Load
3. Diminution of Pay?

93. • Section 31. Labor and Management Rights. In
the implementation of the Act, including the
transition period, the rights of labor xxx as
well as the prerogatives of management,
shall be respected. The DOLE, DepEd, CHED
and TESDA shall promulgate xxx joint
administrative issuance, within sixty (60)
days from the effectivity of this IRR xxx.

94. FINANCIAL ASSISTANCE AND
ARRANGEMENTS

95. E-GASTPE
• SEC. 10. Expansion of E-GASTPE Beneficiaries.
— The benefits accorded by Republic Act No.
8545, or the “Expanded Government
Assistance to Students and Teachers in
Private Education Act”, shall be extended to
qualified students enrolled under the
enhanced basic education.

96. • Section 22. Criteria for Assistance to Qualified
Students. The programs of assistance shall be
made available primarily to graduates of the
junior high school program in public schools,
Xxx.

97. • The programs of assistance may also be
made available to students who completed
junior high schools in private educational
institutions, whether these students are E-
GASTPE beneficiaries or not, subject to
compliance with the qualifications and
guidelines to be determined by the DepEd.

98. • Priority is with graduates from public HS who
will enter SHS.
• Extension of Benefits to current E-GASTPE
beneficiaries is NOT automatic.

99. • The K to 12 Law mandates that the benefits
of E-GASTPE be extended to qualified
students enrolled under the enhanced basic
education precisely because the law
extended secondary education to two more
years of Senior High School. Clearly,
“qualified students” refer to existing
beneficiaries who have previously
qualified for assistance under the E-
GASTPE in basic education.

100. • It is humbly submitted that existing E-GASTPE
beneficiaries who will continue with Senior
High School Program shall automatically
continue to receive the assistance under
the E-GASTPE, subject to the beneficiaries’
compliance with guidelines to be determined
by DepEd.

101. Participating Schools
• Section 24. Private educational institutions
and non-DepEd public schools and other
potential providers of basic learning needs
that may be authorized to offer senior high
school are eligible to participate in programs
of assistance as may be applicable, under the
E-GASTPE program and other financial
arrangements formulated by the DepEd and
DBM

102. • It should be therefore understood that these
E-GASTPE and other financial arrangements
may be entered only by the DepEd with
private providers and NOT with public
institutions such as State Universities and
Colleges (SUCs) and Local Universities and
Colleges (LUCs). As government educational
institutions, SUCs and LCUs have their
respective budgets.

103. • Can DepEd enter into other arrangements
with existing SUCs and LCUs in the delivery of
SHS?
• Yes, as long as the involvement of SUCs ad
LCUs does not contribute to the negative
financial impact to private educational
institutions.

104. Section 12. Transitory Provision
To manage the initial implementation of the
enhanced basic education program and mitigate
the expected multi-year low enrolment turnout
for HEIs and Technical Vocational Institutions
(TVIs) starting School Year20 16-2017, the
DepED shall engage in partnerships with HEIs
and TVIs for the utilization of the latter’s human
and physical resources. Xxx.

105. Adopt A School Program under
R.A.8252

106. Other Transition Challenges & Issues
• Section 15. Issuance and Revocation of
Permits and/or Recognition of Private Senior
High Schools. Xxx Private educational
institutions may only offer senior high school
when so authorized by the DepEd. The DepEd
shall prescribe the guidelines on the issuance
and revocation of permits and/or recognition
of senior high schools.

107. • Notwithstanding the apparent lack of legal
mandate or compulsion to offer the Senior
High School Program, a deep sense of social
and moral responsibility will be enough
reason for the school to offer it. And besides,
it would be awkward for a school to present
itself as a High School without the senior high
school program from which students will
finish or graduate secondary education.

108. • In as much as the K to 12 Law fixes the
secondary education to six years, which
includes a Senior High School, all existing
private schools with basic education must
eventually be able to offer Senior High
School.

109. College Readiness
• SEC. 12. Transitory Provisions. — The DepED,
the CHED and the TESDA shall formulate the
appropriate strategies and mechanisms
needed to ensure smooth transition from the
existing ten (10) years basic education cycle to
the enhanced basic education (K to 12) cycle.
The strategies may cover xxx bridging models
linking grade 10 competencies and the entry
requirements of new tertiary curricula, xxx.

110. • The New General Education Curriculum (GEC)
is a total of 36 units broken down as follows:
24 units of core courses
9 units of and elective courses
3 units of Life and Works of Rizal (Mandated by
Law )

111. Will College years be shortened?
Technical Panels decide.
Decision is discipline based not across the
board.

112. • Lack of College graduates and professionals
in SY 2021-2022.
• Committee to discuss mitigation plans of
other implications of SHS to industry and
workforce.

113. • Section 18. Repealing Clause. — Pertinent
provisions of Batas Pambansa Blg. 232 or the
“Education Act of 1982″, Republic Act No.
9155 or the “Governance of Basic Education
Act of 2001″, Republic Act No. 9258, Republic
Act No. 7836, and all other laws, decrees,
executive orders and rules and regulations
contrary to or inconsistent with the provisions
of this Act are hereby repealed or modified
accordingly.

114. • these specific statutes, as well as all other
laws, decrees, executive orders and rules and
regulations, are repealed or modified only
insofar as their provisions are contrary to or
inconsistent with the provisions of the K to 12
Law. Succinctly put, those prior laws are still
good laws as long as these are not in conflict
or do not run counter to the K to 12 Law.

115. “Change will not come if we wait for
some other person or some other
time. We are the ones we've been
waiting for. We are the change that
we seek.”
-Barack Obama

116. “If you are not ready today, you will
be even less so tomorrow.”
-Ovid

117. Unofficial Survey:
Why do we need
K-12?

118. Tourism Sec. Jimenez:
“IT’S MORE FUN in the
Philippines.”

119. “Sa K to 12 ,
may choice ka.”

120. “Those who authored
the K to 12 Law
should all commit
harakiri”.

121. “Wala pa akong
experience dyan.
Aaralin ko pa.”

122. “I will explain
at the proper time.”

123. “We need K to 12
to accelerate
disbursements.
It is not pork.”

124. •
“Kiko is not involved in
K to 12. I will give 10M
to anyone who can
prove he is. And I will
leave him”.

125. “We need to
catch up with
the rest of the
world.”
-Sec. Br. Armin Luistro, FSC

126. “We need to
catch up
with the
rest of the
world.”
-Tito Sen

128. QUESTIONS?
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