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Laws related Education

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Laws related Education

  1. 1. Various Laws Affecting Teachers and Schools
  2. 2. BATAS PAMBANSA 232 Education act of 1982 Teachers and school heads are deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection
  3. 3. REPUBLIC ACT 4670 (MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS) Rights and privileges of teachers 1. Consent for transfer 2. Safeguards in disciplinary procedure 3. Confidentiality of case 4. Academic freedom 5. Teaching hours 6. Prohibition of deduction on salaries
  4. 4. REPUBLIC ACT 4670 7. Leave privileges 8. Salary increase upon retirement 9. Freedom to organize 10. Right to discipline students
  5. 5. CIVIL CODE OF THE PHILIPPINES Republic Act no 386 a) Teachers shall be liable for damages caused by their pupils and students so long as they remain in their custody b) The student is in the custody of the school authorities as long as he is under the control and influence of the school and within its premises. c) This responsibility shall cease if the teacher proves that she observed the diligence of a good father of a family to prevent damage.
  6. 6. Republic Act 5546 amending RA 4206 Q. Are the teachers and the school collect contributions or sell ticket to the students? -The law prohibits the sale of ticket and/or the collection of contributions. Exception: membership fees (red cross, gsp/bsp,donation, id card, etc.) -Teachers and students have the right to be free from involuntary contributions, except those approved by their
  7. 7. Republic act 7079 Campus Journalism Act Q. What are the possible sources of fund for the student publication? -Funding of students publication may include the savings of the respective school’s appropriations, student subscriptions, donations, and other sources of funds.
  8. 8. REPUBLIC ACT 7610 Special Protection of Children Against Abuse, Exploitation and Discrimination Act Q. What constitutes child abuse? -’’Child abuse’’- refers to the maltreatment, whether habitual or not. Of the child which includes any of the ff.
  9. 9. 1. 2. 3. 4. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being ; Unreasonable deprivation of his basic needs for survival, such as food and shelter; or Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent
  10. 10. REPUBLIC ACT 7877 Anti-Sexual Harassment act of 1995 acts are considered sexual Q. What harassment? -Sexual harassment is an act, or a series of acts, involving any unwelcome sexual advance, request or demand for a sexual favor or other verbal or physical behavior of a sexual nature, comitted by a government employee or official in a work related, training or education related environment of the person complained of.
  11. 11. Forms of sexual harassment 1. Physical (malicious touching, overt sexual advances, gestures with lewd insinuation) 2. Verbal (request or demand) 3. Use of objects, pictures or graphics with sexual underpinnings 4. Other form analogous to the foregoing
  12. 12. Person Liable for sexual Harassment -Any goverment official or employee, regardless of sex, is liable for sexual harassment when she/he: a. Directly participates in the execution of any act of sexual harassment b. Induces or directs another to commit sexual harassment c. Cooperate in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished d. Cooperates in the commission of sexual harassment by another through previous or simultaneous act.
  13. 13. Republic Act 9165 Comprehensive Dangerous Drugs act of 2002 Q. Can the school heads and teachers arrest violators of this law within the school premises? -Yes, school heads, supervisors and teachers shall be deemed persons in authority and as such the law empowered them to apprehend, arrest or cause the apprehension or arrest any person who shall violate any of the said provisions.
  14. 14. REPUBLIC ACT 9344 Juvenile Justice and Welfare System Actrole of the educational of 2006 Q. What is the system to meet the policy of the law? -Educational institutions shall work together with families, community organizations and agencies in the prevention of juvenile, delinquency and in the rehabilitation and reintegration of child in conflict with the law. School shall provide adequate, necessary educational schemes for children manifesting difficult behavior and children in conflict with the law.
  15. 15. REPUBLIC ACT 9155 Governance of Basic Education Act of 2001 The school head shall form a team with the school teachers/learning facilitators for delivery of quality educational programs, projects and services.
  16. 16. REPUBLIC ACT 9710 Magna Carta of Women Q. What is the policy of the state as regards women? -The state reaffirms the right of women in all sectors to participate in policy formulations; -The state condemns discrimination against women in all its forms; -The state affirms women’s rights as human rights; -The state affirms the role of women in nation building and ensures the substantive equality of women and men
  17. 17. Sec. 18 Special Leave Benefits for WomenA woman employee having rendered continuous aggregate employment service of at least 6 months for the last twelve months shall be entitled to a special leave benefit of 2 months with full pay based on her gross monthly compensation following surgery caused by gynaecological disorder
  18. 18. Republic Act 7836 Philippine Teachers Professionalization act of 1994 Q. Who are allowed to teach? -Only those who are registered with the PRC. Grounds for suspension/cancellation -Conviction, dishonourable conduct, insane, malpractice , etc.
  19. 19. Republic Act 9485 Anti-Red tape act of 2007 Q. What is a citizen’s charter? -Is a clear expression of what services an agency provides and who are entitled or qualified for those services. Q. How many signatories should an action to a document bear? -Signatories should be limited to maximum of five signatures of officers or employee directly supervising the application or transaction.
  20. 20. Q. How many days should a request/ application in frontline services be acted upon? -In simple transactions, it should not be more than 5 working days and not more than ten working days for complex transactions. Q. What is a frontline service? -It refers to the process between clients and government offices involving applications for any privilege , right, permit, reward, license, conce ssion.
  21. 21. Wearing of ID -All officers and employees transacting with the public shall be provided with an official ID which should be worn during office hours.
  22. 22. Republic Act 8190 An act Granting Priority to Residents of the Barangay, Municipality, or City Where The School Is Located, In the Appointment or Assignment of Classroom Public School Teachers
  23. 23. Republic Act 6713 Code of Conduct and Ethical Standards for Public Officials And Employees ‘’Public office is a public trust’’

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