Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the “Governance of Basic Education Act of 2001. ”
Section 2. Declaration of Policy. – It is herewith declared the policy of the State to protect and advance the right of all citizens to quality basic instruction and to do such instruction accessible to all by supplying all Filipino kids a free and mandatory instruction in the simple degree and free instruction in the high school degree. Such instruction shall besides include alternate larning systems for out-of-school young person and grownup scholars. It shall be the end of basic instruction to supply them with the accomplishments. cognition and values they need to go lovingness. seIf-reliant. productive and loyal citizens.
The school shall be the bosom of the formal instruction system. It is where kids learn. Schools shall hold a individual purpose of supplying the best possible basic instruction for all scholars.
Administration of basic instruction shall get down at the national degree it is at the parts. divisions. schools and larning centres herein referred to as the field offices – where the policy and rule for the administration of basic instruction shall be translated into plans. undertakings and services developed. adapted and offered to suit local demands.
The State shall promote local enterprises for bettering the quality of basic instruction. The State shall guarantee that the values. demands and aspirations of a school community are reflected in the plan of instruction for the kids. out-of-school young person and grownup scholars. Schools and larning centres shall be empowered to do determinations on what is best for the scholars they serve.
Section 3. Purposes and Aims. – The intents and aims of this Act are:
( a ) To supply the model for the administration of basic instruction which shall put the general waies for educational policies and criterions and set up authorization. answerability and duty for accomplishing higher acquisition results ;
( B ) To specify the functions and duties of and supply resources to. the field offices which shall implement educational plans. undertakings and services in communities they serve ;
( degree Celsius ) To do schools and larning centres the most of import vehicle for the instruction and acquisition of national values and for developing in the Filipino scholars love of state and pride in its rich heritage ;
( vitamin D ) To guarantee that schools and larning centres receive the sort of focussed attending they deserve and that educational plans. undertakings and services take into history the involvements of all members of the community ;
( vitamin E ) To enable the schools and larning centres to reflect the values of the community by leting teachers/learning facilitators and other staff to hold the flexibleness to function the demands of all scholars ;
( degree Fahrenheit ) To promote local enterprises for the betterment of schools and larning centres and to supply the agencies by which these betterments may be achieved and sustained ; and
( g ) To set up schools and larning centres as installations where schoolchildren are able to larn a scope of nucleus competences prescribed for simple and high school instruction plans or where the out-of-school young person and grownup scholars are provided alternate acquisition plans and receive accreditation for at least the equivalent of a high school instruction.
Section 4. Definition of Footings. – For intents of this Act. the footings or phrases used shall intend or be understood as follows:
( a ) Alternative Learning System -is a parallel acquisition system to supply a feasible option to the bing formal instruction direction. It encompasses both the nonformal and informal beginnings of cognition and accomplishments ;
( B ) Basic Education – is the instruction intended to run into basic larning demands which lays the foundation on which subsequent acquisition can be based. It encompasses early childhood. simple and high school instruction every bit good as alternate larning systems four out-of-school young person and grownup scholars and includes instruction for those with particular demands ;
( degree Celsius ) Cluster of Schools – is a group of schools which are geographically immediate and brought together to better the acquisition results ;
( vitamin D ) Formal Education – is the systematic and calculated procedure of hierarchically structured and consecutive larning matching to the general construct of simple and secondary degree of schooling. At the terminal of each degree. the scholar needs a enfranchisement in order to come in or progress to the following degree ;
( vitamin E ) Informal Education – is a womb-to-tomb procedure of acquisition by which every individual acquires and accumulates cognition. accomplishments. attitudes and penetrations from day-to-day experiences at place. at work. at drama and from life itself ;
( degree Fahrenheit ) Integrated School. – is a school that offers a complete basic instruction in one school site and has unified instructional plan ;
( g ) Learner – is any single seeking basic literacy accomplishments and functional life accomplishments or support services for the betterment of the quality of his/her life ;
( H ) Learning Center – is a physical infinite to house learning resources and installations of a learning plan for out-of-school young person and grownups. It is a locale for face-to-face acquisition and activities and other larning chances for community development and betterment of the people’s quality of life ;
( I ) Learning Facilitator – is the cardinal larning support individual who is responsible for supervising/facilitating the acquisition procedure and activities of the scholar ;
( J ) Non-Formal Education – is any organized. systematic educational activity carried outside the model of the formal system to supply selected types of larning to a section of the population ;
( K ) Quality Education – is the rightness. relevancy and excellence of the instruction given to run into the demands and aspirations of an single and society ;
( I ) . School – is an educational establishment. private and public. undertaking educational operation with a specific age-group of students or pupils prosecuting defined surveies at defined degrees. having direction from instructors. normally located in a edifice or a group of edifices in a peculiar physical or cyber site ; and
( m ) . School Head – is a individual responsible for the administrative and instructional supervising of the school or bunch of schools.
GOVERNANCE OF BASIC EDUCATION
Section 5. Principles of Shared Governance. – ( a ) Shared administration is a rule which recognizes that every unit in the instruction bureaucratism has a peculiar function. undertaking and duty inherent in the office and for which it is chiefly accountable for results ;
( B ) The procedure of democratic audience shall be observed in the decision-making procedure at appropriate degrees. Feedback mechanisms shall be established to guarantee coordination and unfastened communicating of the cardinal office with the regional. division and school degrees ;
( degree Celsius ) The rules of answerability and transparence shall be operationalized in the public presentation of maps and duties at all degrees ; and
( vitamin D ) The communicating channels of field offices shall be strengthened to ease flow of information and expand linkages with other authorities bureaus. local authorities units and nongovernmental organisations for effectual administration.
Section 6. Administration. – The Department of Education. Culture and Sports shall henceforward be called the Department of Education. It shall be vested with authorization. answerability and duty for guaranting entree to. advancing equity in. and bettering the quality of basic instruction. Humanistic disciplines. civilization and athleticss shall be as provided for in Sections 8 and 9 hereof.
Section 7. Powers. Duties and Functions. – The Secretary of the Department of Education shall exert overall authorization and supervising over the operations of the Department.
A. National Level In add-on to his/her powers under bing Torahs. the Secretary of Education shall hold authorization. answerability and duty for the followers:
( 1 ) Formulating national educational policies ;
( 2 ) Explicating a national basic instruction program ;
( 3 ) Promulgating national educational Standards ;
( 4 ) Monitoring and measuring national acquisition results ;
( 5 ) Undertaking national educational research and surveies ;
( 6 ) Enhancing the employment position. professional competency. public assistance and working conditions of all forces of the Department ; and
( 7 ) Enhancing the entire development of scholars through local and national plans and/or undertakings.
The Secretary of Education shall be assisted by non more than four ( 4 ) undersecretaries and non more than four ( 4 ) helper secretaries whose assignments. responsibilities and duties shall be governed by jurisprudence. There shall be at least one undersecretary and one helper secretary who shall be career executive service officers chosen from among the staff of the Department.
B. Regional Level
There shall be as many regional offices as may be provided by jurisprudence. Each regional office shall hold a manager. an adjunct manager and an office staff for plan publicity and support. planning. administrative and financial services.
Consistent with the national educational policies. programs and criterions. the regional manager shall hold authorization. answerability and duty for the followers:
( 1 ) Specifying a regional educational policy model which reflects the values. demands and outlooks of the communities they serve ;
( 2 ) Developing a regional basic instruction program ;
( 3 ) Developing regional educational criterions with a position towards bench-marking for international fight ;
( 4 ) Monitoring. measuring and measuring regional acquisition results ;
( 5 ) Undertaking research undertakings and developing and pull offing part broad undertakings which may be funded through official development aid and/or or other determination bureaus ;
( 6 ) Guaranting rigorous conformity with prescribed national standards for the enlisting. choice and preparation of all staff in the part and divisions.
( 7 ) Explicating. in coordination with the regional development council. the budget to back up the regional educational program which shall take into history the educational programs of the divisions and territories ;
( 8 ) Determining the organisation constituent of the divisions and territories and O.K.ing the proposed staffing form of all employees in the divisions and territories ;
( 9 ) Hiring. placing and measuring all employees in the regional office. except for the place of adjunct manager ;
( 10 ) Measuring all schools division overseers and adjunct division overseers in the part ;
( II ) Planning and pull offing the effectual and efficient usage of all forces. physical and financial resources of the regional office. including professional staff development. ;
( 12 ) Pull offing the database and direction information system of the part ;
( 13 ) Approving the constitution of public and private elementary and high
schools and larning centres ; and
( 14 ) Preforming such other maps as may be assigned by proper governments.
C. Division Level
A division shall dwell of a state or a metropolis which shall hold a schools division overseer. at least one helper schools division overseer and an office staff for plans publicity. planning. administrative. financial. legal. accessory and other support services.
Consistent with the national educational policies. programs and criterions the schools division overseers shall hold authorization. answerability and duty for the followers:
( 1 ) Developing and implementing division instruction development programs ;
( 2 ) Planning and pull offing the effectual and efficient usage of all forces. physical and financial resources of the division. including professional staff development ;
( 3 ) Hiring. placing and measuring all division supervisors and schools territory supervisors every bit good as all employees in the division. both learning and non-teaching forces. including school caputs. except for the adjunct division overseer ;
( 4 ) Monitoring the use of financess provided by the national authorities and the local authorities units to the schools and larning centres ;
( 5 ) Guaranting conformity of quality criterions for basic instruction plans and for this intent beef uping the function of division supervisors as capable country specializers ;
( 6 ) Promoting consciousness of and attachment by all schools and larning centres to accreditation criterions prescribed by the Secretary of Education ;
( 7 ) Oversing the operations of all public and private elementary. secondary and incorporate schools. and learning centres ; and
( 8 ) Performing such other maps as may be assigned by proper governments.
D. Schools District Level
Upon the recommendation of the schools division overseers. the regional manager may set up extra schools territory within a schools division. School territories already bing at tile clip of the transition of the jurisprudence shall be maintained. A schools territory shall hold a schools territory supervisor and an office staff for plan publicity.
The schools territory supervisor shall be responsible for:
( 1 ) Supplying professional and instructional advice and support to the school caputs and teachers/facilitators of schools and larning centres in the territory or bunch thereof ;
( 2 ) Curricula supervising ; and
( 3 ) Performing such other maps as may be assigned by proper governments.
E. School Level
There shall be a school caput for all public simple schools and public high schools or a bunch thereof. The constitution of incorporate schools from bing public simple and public high schools shall be encouraged.
The school caput. who may be assisted by an adjunct school caput. shall be both an instructional leader and administrative director. The school head shall organize a them with the school teachers/learning facilitators for bringing of quality educational plans. undertakings and services. A nucleus of nonteaching staff shall manage the school’s administrative. financial and
Consistent with the national educational policies. programs and criterions. the school caputs shall hold authorization. answerability and duty for the followers:
( 1 ) Puting the mission. vision. ends and aims of the school ;
( 2 ) Making an environment within the school that is contributing to learning and acquisition ;
( 3 ) Implementing the school course of study and being accountable for higher acquisition results ;
( 4 ) Developing the school instruction plan and school betterment program ;
( 5 ) Offering educational plans. undertakings and services which provide just chances for all scholars in the community ;
( 6 ) Introducing new and advanced manners of direction to accomplish higher acquisition results ;
( 7 ) Administering and pull offing all forces. physical and financial resources of the school ;
( 8 ) Recommending the staffing complement of the school based on its demands ;
( 9 ) Encouraging staff development ;
( 10 ) Establishing school and community webs and promoting the active engagement of instructors organisations. nonacademic forces of public schools. and parents-teachers-community associations ;
( 11 ) Accepting contributions. gifts. legacies and grants for the intent of upgrading teachers’ larning facilitators’ competences. bettering ad
spread outing school installations and supplying instructional stuffs and equipment. Such contributions or grants must be reported to the appropriate territory supervisors and division overseers ; and
( 12 ) Performing such other maps as may be assigned by proper governments.
The Secretary of Education shall make a publicities board. at the appropriate degrees. which shall explicate and implement a system of publicity for schools determination supervisors. schools territory supervisors. and school caputs. Promotion of school caputs shall be based on educational making. virtue and public presentation instead than on the figure of teachers/learning facilitators and scholars in the school.
The makings. salary class. position of employment and public assistance and benefits of school caputs shall be the same for public elementary. secondary and incorporate schools.
No assignment to the places of regional managers. adjunct regional managers. schools division overseers and helper schools division overseers shall be made unless file appointee is a calling executive service officer who sooner shall hold risen from the ranks.
Transportation OF CULTURAL AGENCIES
SEC. 8. Cultural Agencies. – The Komisyon nanogram Wikang Pilipino. National Historical Institute. Records Management and Archives Office and the National Library shall now be administratively attached to the National Commission for Culture and the Arts ( NCCA ) and no lone wolf with the Department of Education. The plan for school humanistic disciplines and civilization shall stay portion of the school course of study.
Abolition OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS
Section 9. Abolition of BPESS. – All maps. plans and activities of the Department of Education related to athleticss competition shall be transferred to the Philippine Sports Commission ( PSC ) . The plan for school athleticss and physical fittingness shall stay portion of the basic instruction course of study.
The Bureau of Physical Education and School Sports ( BPESS ) is hereby abolished. The forces of the BPESS. soon detailed with the PSC. are herewith transferred to the PSC without loss of rank. including the plantilla places they occupy. All other BPESS forces shall be retained by the Department.
SUPPORT AND ASSISTANCE OF OTHER GOVERNMENT AGENCIES
Section 10. The Secretary of Education and the Secretary of Budget and Management shall. within 90 ( 90 ) yearss from the blessing of this Act. jointly promulgate the guidelines on the allotment. distribution and use of resources provided by thenational authorities for the field offices. taking into consideration the singularity of the on the job conditions of the instruction service.
The Secretary of the Department of Education shall guarantee that resources appropriated for the field offices are equal and that resources for school forces. school desks and text editions and other instructional stuffs intended are allocated straight and released instantly by the Department of Budget and Management to said offices.
Section 11. The Secretary of the Department of Education. topic to civil service Torahs and ordinances. shall publish appropriate forces policy regulations and ordinances that will outdo meet the demands of the instruction profession taking into consideration the singularity of the on the job conditions of the instruction service.
Section 12. The Commission on Audit. in the issue of audit regulations and ordinances that will regulate the use of all resources every bit good as the settlement. recording and coverage thereof. shall take into history the different features and distinguishable characteristics of the department’s field offices. its organisational set up every bit good as the nature of the operations of schools and larning centres.
Section 13. Administration in the ARMM ; – The Regional Education Secretary for the Autonomous Region in Muslim Mindanao ( ARMM ) shall exert similar administration authorization over the divisions. territories. schools and larning centres in the part as may be provided in the Organic Act. without bias to the commissariats of Republic Act No. 9054. entitled “An Act to Strengthen and Expand tile Organic Act for the Autonomous Region in Muslim Mindanao. Amending for the Purpose Republic Act No. 6734. entitled’ An Act Providing for the Autonomous Region in Muslim Mindanao. as amended”‘ .
Section 14. Rules and Regulations. – The Secretary of Education shall proclaim the implementing regulations and ordinances within 90 ( 90 ) yearss after the blessing of this Act: Provided. That the Secretary of Education shall to the full implement the rule of shared administration within two ( 2 ) old ages after the blessing of this Act.
Section 15. Separability Clause. – If for any ground. any part or proviso of this Act shall be declared unconstitutional. other parts or commissariats hereof which are non affected thereby shall go on to be in full force and consequence.
Section 16 Repealing Clause. – All Torahs. edicts. executive orders. regulations and ordinances. portion or parts thereof. inconsistent with the commissariats of this Act. are hereby repealed or modified consequently.
Section 17. Effectiveness Clause. – This Act. shall take consequence 15 ( 15 ) yearss following its publication in at least two ( 2 ) newspapers of general