Prof. ed. legal foundations of education


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Prof. ed. legal foundations of education

  1. 1. PHILIPPINE EDUCATIONAL SYSTEM (Legal Foundation & Professional Code of Ethics) + =
  2. 2. Did you know that… - For every 100 Filipino children - who enters grade I, only 66 will finished grade VI, 60 will go to high school, 40 will graduate, 25 will go to college, 13 will complete a degree and only 1-2 will get a stable job
  4. 4. Legal Bases of the Philippines Education in (Major Laws) 1987 Constitution of the Philippines Education Act of 1982 Republic Act 4670- Magna Carta for Public School Teachers RA 7836 – Philippine Teachers Professionalization Act of 1994 Code of Ethics for Professional Teachers DEPED Memorandum and Circulars CHED Memorandum and Circulars Executive Orders
  5. 5. 1987 Philippine Constitution Article XIV - Education, Science, Technology, Arts, Culture and Sports Section 1 . Ensures the right of all citizens to quality education at all levels. The State shall take appropriate steps to make education accessible to all. Section 2 stipulates: the establishment and maintenance of a complete adequate and integrated system of education relevant to the needs of the people and society. free and compulsory public elementary education free secondary education scholarship grants and incentives non-formal, informal and indigenous learning system
  6. 6. RIGHTS OF THE TEACHERS R.A. 4670 Magna Carta of Public School Teachers  Right to be informed of the charges in writing  Right to full access to the evidence in the case  Right to defend himself and be defended by a representative of his choice  Right to appeal to clearly designated authorities Right to a married couple, both of whom are school teacher, to be employed in the same localities whenever possible.
  7. 7. Republic Act 4670 Magna Carta for Public School Teachers RECRUITMENT Elementary school teachers BEED graduates LET passers Secondary school teachers BSE graduates 18 units in major subject LET passer LEAVE & RETIREMENT BENEFITS 1. Study Leave (Sabbatical Leave) 2. Indefinite Leave 3. Maternity leave with pay for 60 days 4. Vacation leave with pay 5. Enjoy one range salary raise upon retirement.
  8. 8. Republic Act 4670 Magna Carta for Public School Teachers Hours of Work and Remuneration 1. enjoy academic freedom in the discharge of professional duties regarding teaching and classroom methods 2. enjoy free physical exam and medical treatment or hospitalization 3. salary scale – gradual progression from a minimum to a maximum salary by means of regular increments, granted automatically every after 3 years 4. granting of cost of living allowance 5. additional compensation for service in excess of 6 hrs of actual classroom teaching, hardship allowance and automatic retirement promotion
  9. 9. Monetary and other Benefits 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Basic salary based from the salary standardization law Clothing Allowance – P4,000/yr Productivity Pay – P2,000/yr Proportional Vacation Pay – salary for April and May 13th Month Pay – midyear and end of the year Bonus – P5,000/yr as part of the 13th month pay Study leave (sabbatical leave) with pay equivalent to 100% of salary after 7 years of service Maternity leave with pay for 60 days Paternity leave with pay for 7 working days (Paternity Act of 1996- RA 8187) Indefinite leave LOANS - salary loan – 1 mo; 3 mos; 5 mos; 8 mos - policy loan - pag-ibig loan - emergency loan - calamity loan, etc…
  10. 10. Education Act of 1982 The Act provided for the establishment and maintenance of an integrated system of education 2. It provided for the establishment of the Board of Higher Education; Bureau of Elementary Education, Secondary Education, Continuing Education, Technical and Vocational Education 3. It provided for the training of the nation’s manpower in the middle-level skills required for national development 1.
  11. 11. RIGHTS AND DUTIES OF THE STUDENTS Education Act of 1982 Right to receive competent instruction, relevant quality education Right to freely choose their field of study Right to school guidance and counseling services Right to access to his own school records, Right to the issuance of official documents within thirty days from request. Right to publish a school newspaper Right to free expression of opinions Right to form, establish and join organization Right to be free from involuntary contribution
  12. 12. Republic Act 7722 The Higher Education Act of 1994 • It created the Commission on Higher Education (CHED) independent from the Department of Education • Its coverage include both public and private institutions of higher education as well as degree granting programs in all post-secondary educational institutions • Authorizes the CHED to develop certain mandatory curricular offerings particularly in the general education program
  13. 13. Republic Act 7796 An Act Creating the Technical Education and Skills Development Authority (TESDA) It created TESDA to provide relevant, accessible high quality and efficient technical education and skills development in support of the development of higher quality Filipino middle-level manpower responsive to and in accordance with Philippine Development and priorities
  14. 14. RA #7836 – Philippine Teachers Professionalization Act of 1994 • Prescribes the Licensure Examination for Teachers (LET) to make them duly licensed professionals who possess dignity and reputation with high moral values as well as technical and professional competence • Provides that within 2 years after January 12, 1996, no person shall teach in preschool, elementary or secondary level or in vocational courses unless he is a duly registered professional teachers.
  15. 15. 1. Objectives (Article 1, Section 3) 1. The promotion, development and professionalization of teachers and the teaching profession; and 2. The supervision and regulation of the licensure examination
  16. 16. 2. Creation and Composition of the Board(Article II, Section 5) -Created under this Act of Board for Professional Teachers called the Board under the general supervision and administrative control of the Professional Regulation Commission , called the Commission - Composition of the Board: Five (5) members to be appointed by the President of the Philippines.
  17. 17. 3. Examination, Registration and License Required (Article III, Section 13) 1. Written Examination given at least once a year 2. A valid certificate of registration and a valid professional license from the Commission are required before any person is allowed to practice as a professional teacher in the Philippines.
  18. 18. 4. Scope and Examination (Article III, Section 14) 1. Elementary level, there are two parts namely; professional education and general education 2. For secondary level, there are three parts, namely; professional education, general education and field of specialization
  19. 19. 5. Qualification Requirements of Applicants (Article III, Section 15) 1. A citizen of the Philippines or an alien whose country has reciprocity with the Philippines in the practice of the teaching profession 2. At least 18 yrs. Old of age 3. In good health and good reputation with high moral values
  20. 20. 4. Has not been convicted by final judgment by a court for an offense involving moral turpitude 5. A graduate of a school, college or university recognized by the government and possesses the minimum educational qualifications, as follows:  for teachers in preschool, a bachelor’s degree in early childhood education or its equivalent
  21. 21. for teachers in the elementary grades, a bachelor’s degree in elementary education (BEED) or its equivalent;  for teachers in the secondary grades, a bachelor’s degree in education or its equivalent with a major and minor, or a bachelor’s degree in arts and sciences with at least 18 units in professional education  For teachers of vocational and two- year technical courses, a bachelor’s degree in the field of specialization or its equivalent, with at least 18 units of professional education.
  22. 22. 6. Issuance of Certificate of Registration and Professional License (Article III, Section 17) 1. The registration of a professional teacher commences from the date his name is enrolled in the roster of professional teachers
  24. 24. Code of Ethics for Professional Teachers PREAMBLE • Teachers are duly licensed professionals who possess dignity and reputation with high moral values as well as technical and professional competence. In the practice of their noble profession, they strictly adhere to, observe and practice this set of ethical and moral principles, standards and values.
  25. 25. SCOPE AND LIMITATIONS This Code covers all public and private school teachers in all educational institutions at the preschool, primary, elementary, and secondary levels whether academic, vocational, special technical, or non-formal. The term “teacher” shall include industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools at the aforesaid levels, whether on full-time of part-time basis.
  26. 26. THE TEACHER AND THE STATE 1. The schools are the nurseries of the future citizens of the state, each teacher is a trustee of the cultural and educational heritage of the nation and is under obligation to transmit to learners such heritage as well as to elevate national morality, promote national pride, cultivate love of country, instill allegiance to the Constitution and respect for all duly constituted authorities, and promote obedience to the laws of the state. 2. In the interest of the State and of the Filipino people as much as of his own, every teacher shall be physically, mentally and morally fit. 3. A teacher shall not engage in the promotion of any political, religious and other partisan interest, and shall not, directly or indirectly, solicit, require, collect, or receive any money or service or other valuable material from any person or identity for such purposes. 4. Every teacher shall vote and shall exercise all other constitutional rights and responsibilities. 5. A teacher shall not use his position or official authority or influence to coerce any other person to follow any political course of action.
  27. 27. THE TEACHER AND THE TEACHING COMMUNITY Every teacher shall provide leadership and initiative to actively participate in community movements for moral, social, educational, economic and civic betterment involved in matters affecting the welfare of the people. Every teacher shall help the school to keep the people in the community informed about the school’s work and accomplishments as well as its needs and problems. Every teacher shall merit reasonable social recognition for which purpose he shall behave with honor and dignity at all times and refrain from such activities as gambling, smoking, drunkenness and other excesses, mush less illicit relations.
  28. 28. THE TEACHER AND THE PROFESSION 1. Every teacher shall actively help ensure that teaching is the noblest profession, and shall manifest genuine enthusiasm and pride in teaching as a noble calling. 2. Every teacher shall participate in the continuing professional education (CPE) program of the Professional Regulation Commission, and shall pursue such other studies as will improve his efficiency, enhance the prestige of the profession, and strengthen his competence, virtues, and productivity in order to be nationally and internationally competitive. 3. Every teacher shall use the teaching profession in a manner that makes it a dignified means of earning a decent living.
  29. 29. THE TEACHER AND HIGHER AUTHORITIES IN THE PROFESSION 1. 2. 3. 4. Every teacher shall make it his duty to make an honest effort to understand and support the legitimate policies of the school and the administration regardless of personal feeling or private opinion and shall faithfully carry them out. A teacher shall transact all official business through channels except when special conditions warrant a different procedure, such as when reforms are advocated but are opposed by the immediate supervisor, in which case the teacher shall appeal directly to the appropriate higher authority. Every teacher, individually or as part of a group, has the right to seek redress against injustice and discrimination and, to the extent possible, shall raise his grievances within acceptable democratic processes. Every teacher has a right to invoke the principle that appointments, promotions, and transfers of teachers are made only on the basis of merit and need in the interest of service.
  30. 30. SCHOOL OFFICIALS, TEACHERS AND OTHER PERSONNEL 1. All school officials shall at all times show professional courtesy, helpfulness and sympathy towards teachers and other personnel, such practices being standards of effective school supervision, dignified administration, responsible leadership and enlightened direction. 2. School officials, teachers, and other personnel shall consider in their cooperative responsibility to formulate policies or introduce important changes in the system at all levels. 3. School officials shall encourage and attend to the professional growth of all teachers under them such as in recommending them for promotion, giving them due recognition for meritorious performance, and allowing them to participate in conferences and training programs. 4. No school official shall dismiss or recommend for dismissal a teacher or other subordinates except for a cause.
  31. 31. THE TEACHER AND THE LEARNERS 1. 2. 3. 4. 5. 6. A teacher shall recognize that the interest and welfare of learners are of first and foremost concern, and shall deal justly and impartially with each of them. Under no circumstances shall a teacher be prejudiced nor discriminatory against any learner. A teacher shall not accept any favors or gifts from learners, their parents, or others in their behalf in exchange for requested concessions, especially if undeserved. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other than what is authorized for such service In a situation where mutual attraction and subsequent love develop between teacher and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip, and preferential treatment of the learner. A teacher shall not inflict corporal punishment on offending learners nor make deductions from their scholastic ratings such as a punishment for acts which are clearly not manifestations of poor scholarship.
  32. 32. THE TEACHER AND THE PARENTS 1. Every teacher shall establish and maintain cordial relations with parents, and shall conduct himself to merit their confidence and respect. 2. Every teacher shall inform parents, through proper authorities, of the progress or deficiencies of learners under him, exercising utmost candor and tact in pointing out learners’ deficiencies and in seeking parents’ cooperation for the proper guidance and improvement of learners. 3. A teacher shall hear parents’ complaints with sympathy and understanding, and shall discourage unfair criticism.
  33. 33. THE TEACHER AND BUSINESS 1. A teacher has the right to engage, directly or indirectly, in legitimate income generation activities, provided that it does not relate to or adversely affect his work as a teacher. 2. A teacher shall maintain a good reputation with respect to financial matters such as in the settlement of his debts and loans and in arranging satisfactorily his private financial affairs. 3. No teacher shall act, directly or indirectly, as agent of, or be financially interested in, any commercial venture which furnish textbooks and other school commodities in the purchase and disposal of which he can exercise official influence, except only when his assignment is inherently, related to such purchase and disposal, provided that such shall be in accordance with existing regulations, provided, further, that members of duly recognized teachers’ cooperatives may participate in the distribution and sale of such commodities.
  34. 34. THE TEACHER AS A PERSON 1. A teacher is, above all, a human being endowed with life for which it is his highest obligation to live with dignity at all times whether in school, in the home, or elsewhere. 2. A teacher shall place premium upon self-respect and self-discipline as the primary principles of personal behavior in all relationships with others and in all situations. 3. A teacher shall maintain at all times a dignified personality which could serve as a model worthy of emulation by learners, peers, and all others. 4. A teacher shall always recognize the Almighty God as guide of his own destiny and of the destinies of men and nations.
  35. 35. DISCIPLINARY ACTION Any violation of any provision of this Code shall be sufficient ground for the imposition against the erring teacher of disciplinary action consisting of revocation of his Certificate of Registration and License as a Professional Teacher, suspension from the practice of the teaching profession, reprimand, or cancellation of his temporary/special permit under causes specified in Sec. 23, Article III of R.A. 783663., and under Rule 31, Article VIII, of the Rules and Regulations implementing RA 78
  36. 36. Dear Teacher; I am a survivor of a concentration camps . My eyes saw what no man should witness: Gas chambers built by learned engineers. Children Poisonedby educated physicians. Children Poison by educated physicians. Infants killed by trained nurses. Women and babies shot and burned by high school and college graduates. So I am suspicious of education. My request is to help your students become human. Your efforts must never produce learned monsters, skilled psychopaths, educated Eichmanns. Reading, writing arithmetic are important ONLY Reading, writing arithmetic are important only if they serve to make our children MORE HUMAN if they serve to make our children more human
  37. 37. “When I was young and f ree and my imagination had no limits, I dreamed of changing the world. ”
  38. 38. “As I grew older and wiser, I discovered the world would not change, so I shortened my sights somehow and decided to change only my country. . ”
  39. 39. “B it too ut seemed immovable!. ”
  40. 40. “As I grew into my twilight years, in one last desperate attempt, I settled f or changing only my f amily , those closer to me, but alas, they would have none of it. ”
  41. 41. “And now as I lie on my deathbed, I suddenly realized: If I had only changed myself f irst, then by example I would have changed my f amily. ”
  42. 42. “From their inspiration and encouragement, I would then have been able to better my country and, who knows, I may have even changed the WOR . ” LD!
  43. 43. Ot her Legal Bases
  44. 44. R A # 1265 and DECS R . uling # 8 – Penalize all educat ion inst it ut ions which do not obser ve t he f lag cer emony. Supr eme Cour t r esolut ion declar es t hat school childr en cannot be compelled t o salut e and pledge allegiance t o t he f lag if t heir r eligious belief s ban t hem f r om doing so. R A # 6728 – Gover nment assist ance t o . st udent s and t eacher s in Pr ivat e Educat ion.
  45. 45. R A # 7722 – An act cr eat ing t he Commission . on Higher Educat ion. ( Task of over seeing t er t iar y Educat ion). DECS f ocus on basic educat ion element ar y and secondar y educat ion. R A # 7784 – An act st r engt hening Teacher . Educat ion in t he Philippines by est ablishing Cent er s of Excellence: cr eat ing a t eacher educat ion council f or t he appr opr iat ion of nat ional net wor k wit h element ar y schools, high schools and/ 0r a par t f r o labor at or y
  46. 46. R A # 7796 – Philippine Teacher s . Pr of essionalizat ion Act of 1994. 1.) Pr escr ibes t he Licensur e Examinat ion f or t eacher s (LET) t o make t hem duly licensed pr of essionals who possess dignit y and r eput at ion wit h high mor al values as well as t echnical and pr of essional compet ence. 2.) Pr ovides t hat wit hin t wo (2) year s af t er J anuar y 12, 1996, no per son shall t each t he pr e school, element ar y, or secondar y level nor in
  47. 47. R A # 8187 – Pat er nit y Leave Act of 1996 . 1.) Gr ant s pat er nit y leave of even (7) wor k days wit h f ull pay t o mar r ied male employees f or t he f ir st f our deliver ies of t he legit imat e spouse wit h whom he is cohabit ing.   2.) Such leave is not cumulat ive and st r ict ly non-conver t ible t o each.
  48. 48. R A # 7192 – An Act Pr omot ing t he . I nt egr at ion of Women as Full Equal par t ner s of Men in Development and Nat ion Building and f or Ot her Pur poses.   Educational Assistance Act of 1976 St udy Now Pay lat er Plan. P # 176 – Owner ship, Cont r ol and D Administ r at ion of Educat ional I nst it ut ions.
  49. 49. R A 578 – Conf er s t he st at us of per sons . in aut hor it y upon t eacher s, pr incipals and pr of essor s. DECS Order # 25 s. 1974 – Bilingual Educat ion Policy   DECS order No. 52 s. 1987 – mandat es t he use of t he r egional language as an auxiliar y medium of inst r uct ion.
  50. 50. R A # 6655 DECS Order # 44 s. 1988 – . pr omulgat ed t he nat ionalizat ion of t he Public secondar y School: f r ee f r om payment of t uit ion and ot her school f ees.   R A # 4090 – pr ovides f or st at e . scholar ships in Science, Ar t s and Let t er s f or t he Poor but Deser ving St udent s, Cr eat ing a St at e Scholar ship Council t o I nt egr at e, Syst emat ize., Administ er and I mplement All pr ogr am of Scholar ships and appr opr iat ing f unds t her eof .
  51. 51. R A # 5447 – cr eat ion of a special . educat ion f und Act enact ed 1968 (t o be const it ut ed f r om t he pr oceeds of an addit ional r eal pr oper t y t ax and cer t ain por t ion of Vir ginia t ype cigar et t es and dut ies on impor t ed t obacco leaf ). Act ivit ies shall be limit ed t o:   1.) or ganizat ion and ext ension of classes 2.) const r uct ion and r epair of school buildings ( aiding pr ovincial, municipal, cit y and bar r io school ).
  52. 52. 3.) acquisit ion of school sit es • Local school boar d was cr eat ed t o det er mine t he annual budget ar y needs f or oper at ion and maint enance of public schools: t o apply Bur eau of Vocat ional Educat ion R.A No. 98; and t o aut hor ize municipal t r easur er s t o disbur se f unds appr oved by higher aut hor it ies.
  53. 53. R epublic Act No. 1124 – cr eat ed 15 member s of t he Boar d of Nat ional Educat ion and r educed t he member ship of t he Boar d t o eight (8). The highest policy making body in f or mulat ing educat ional policies and dir ect ion and int er est s.   R A No 6139 – r egulat ed t he sect ar ian . schools/ pr ivat e schools in char ging higher t uit ion f ees.
  54. 54. R A No 5698 – Legal Educat ion Boar d was . cr eat ed t o impr ove t he qualit y of law schools.   R A 7687 – an act inst it ut ing/ est ablishing . scholar ship pr ogr am f or cour ses t hat will encour age t he st udent s t o pur sue car eer s in science and t echnology. ( Science and t ech Scholar ship Act of 1994 ) R A 7743 – est ablishment of cit y and . municipal libr ar ies.
  55. 55. R A No 7880 – an act pr oviding f or t he f air . and equit able allocat ion of t he Dep’t . of ed and Cult ur e and Spor t s’ Budget f or capit al out lay ( Fair and Equit able Access t o educat ion Act ) pr oviding f or t he development of it s cit izenr y upholding pr imacy of educat ion; f ost er ing pat r iot ism and nat ionalism, acceler at ing social pr ogr ess and pr omot ing t ot al human liber at ion/ ensur ing f air and equit able access t o t he inf r ast r uct ur e and t ools necessar y f or qualit y educat ion.
  56. 56. R A No 8292 . * Higher Educat ion Moder nizat ion Act of 1997 est ablish, maint ain and suppor t a complet e, adequat e and int egr at ed syst em of educat ion r elevant t o t he needs of t he people and societ y.
  57. 57. The gover ning boar d of char t er ed st at e and univer sit ies and colleges is modif ied in or der t o : (a) a mor e coor dinat ed and int egr at ed syst em of higher educat ion (b) r ender t hem mor e ef f ect ive in t he f or mulat ion and implement at ion of policies on higher educat ion (c) ensur e t he enj oyment of academic f r eedom as guar ant eed by t he Const it ut ion.
  58. 58. R A No 8190 – gr ant ing pr ior it y t o . r esident s of t he bar angay, municipalit y or cit y wher e t he school is locat ed, in t he assignment of classr oom public school t eacher s as long as t hey possess all t he minimum qualif icat ions.
  59. 59. R A Act No. 8445 – amending R.A Act . No. 6728 – ‘an act pr oviding gover nment assist ance t o st udent s and t eacher s in pr ivat e educat ion and appr opr iat ing f unds’, est ablishing a f und f or t he pur pose of subsidizing salar ies of pr ivat e school t eacher s and appr opr iat ing f unds. – Expanded Government Assistance to Students and Teachers in P rivate Education Act.
  60. 60. R A Act 8525 – 1998 Act – est ablishing ‘ . Adopt – a School Pr ogr am’, allowing pr ivat e schools, companies t o assist / suppor t public schools in upgr ading and moder nizat ion of public schools par t icular ly t hose in pover t yst r icken pr ovinces.
  61. 61. R A No 8491   . • pr escr ibing t he code of t he nat ional f lag, • • ant hem, mot t o, coat of ar ms and ot her her aldic it ems and devices of t he Philippines (Flag and Her aldic Code of t he Philippines) r ever ence and r espect shall be accor ded t o t he f lag, ant hem, and nat ional symbols, which expr ess t he sover eignt y and nat ional solidar it y. her aldic it ems and devices - should manif est nat ional vir t ues, pr ide in our nat ive land, r espect and af f ect ion f or t he nat ional f lag and ant hem, pr oper use of mot t o and coat of ar ms.
  62. 62. THANK YOU!!!!!!!