QuestionsQuestions (DEPED)
The Rules and Regulations are issued pursuant to Section 14 of Republic Act No. 9155 (Governance of Basic Education Act of 2001). It authorizes the Department of Education to promulgate the implementing rules and regulations governing the governance of basic education under the Act.
DepEd must establish, maintain, and support a complete, adequate, and integrated system of basic education, including a system of free and compulsory public education in the elementary level and free public education in high school level.
The Rules state that implementation should be guided by: (i) serving students and teachers as primary constituents; (ii) requiring school heads to exercise instructional leadership and sound administrative management; (iii) recognizing the school as the heart of the formal education system; (iv) maximizing parents/community involvement and participation with PTAs and local school boards; and (v) emphasizing volunteerism from all sectors.
Basic Education is education intended to meet basic learning needs and lays the foundation for subsequent learning. It encompasses early childhood, elementary, and high school education, alternative learning systems for out-of-school youth and adult learners, and education for learners with special needs.
ALS is a parallel learning system providing a viable alternative to existing formal instruction. It encompasses both non-formal and informal sources of knowledge and skills.
Shared governance requires democratic consultation in decision-making involving shared goals at appropriate levels, consultation of students when feasible on matters affecting their welfare and instructional needs, operations being the responsibility of the proper operating officer, accountability and transparency, and feedback mechanisms to ensure coordination and open communication among central office, regional and division offices, and school campuses.
The Secretary has overall authority and supervision over DepEd operations. Specifically, the Secretary is responsible for formulating national educational policies; formulating a national basic education plan; promulgating national educational standards; monitoring and assessing national learning outcomes; undertaking national research; enhancing employment status and welfare of personnel; enhancing learner development through programs/projects; and exercising disciplinary authority subject to civil service laws and procedures.
The Secretary is assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries and directors of bureaus/services/centers. There must be at least one undersecretary and one assistant secretary who are career executive service officers chosen from among DepEd staff.
The Regional Director defines a regional policy framework; develops a regional basic education plan; develops regional educational standards; monitors learning outcomes; conducts regionwide research/projects; ensures compliance with national recruitment criteria; formulates the regional budget (coordinating with the regional development council); determines the organizational structure of divisions and approves proposed staffing patterns; hires/places/evaluates regional office employees (except assistant director); evaluates schools superintendents; manages resources and procedures for monitoring; manages regional databases/management information systems; and approves establishment of public/private schools/learning centers subject to standards/guidelines.
Rule IV states that the Schools Division Superintendent has disciplinary authority only over non-teaching personnel. The text further provides that the Regional Director continues exercising disciplinary authority over teaching personnel insofar as teaching personnel are covered by exclusive disciplinary provisions under the Magna Carta for Public School Teachers (RA 4670).
The District Supervisor primarily performs staff functions and is not to exercise administrative supervision over school principals unless specifically authorized. The main focus is instructional and curricula supervision aimed at raising academic standards at the school level.
School heads are accountable for: implementing, monitoring, and assessing the school curriculum and being accountable for higher learning outcomes; developing the school education program and school improvement plan; and creating an environment conducive to teaching and learning.
The school head may accept donations, gifts, bequests, and grants in accordance with existing laws and DepEd policy for upgrading teacher/learning facilitator competencies, improving/expanding school facilities, and providing instructional materials/equipment. Such donations/grants must be reported to the division superintendents.
Rule VIII tasks the Secretary to rationalize allocation/distribution of national government resources for field offices using factors such as uniqueness of working conditions to equitably distribute resources. It also requires developing procedures to directly and immediately release appropriations/resources to regions and field offices, and establishing a reporting system on utilization by field offices to DepEd central office and DBM. A task force must coordinate with DBM and submit joint guidelines within sixty (60) days from effectivity.
The Secretary must ensure adoption and implementation of personnel policies and rules that best meet teaching service requirements and the uniqueness of local working conditions. The Secretary must review existing policies affecting recruitment, selection, hiring, appointment, promotion, deployment, dismissal, and retirement, and then adopt/promulgate updated policies in coordination and consultation with the Civil Service Commission and other concerned government agencies.
The Schools Division Superintendent has disciplinary authority only over non-teaching personnel. Any exercise of disciplinary authority must be subject to civil service laws, rules, regulations, procedures, and DepEd guidelines.
Selection of officials/employees must be anchored on merit, competence, fitness, and equality, open to all qualified candidates regardless of gender, civil status, religion, ethnicity, or political affiliation, and cannot discriminate against applicants who are differently abled persons. The approved Merit Selection Plan is used as one basis for appointment approval.
The Secretary must immediately transfer to the Philippine Sports Commission (PSC) all BPESS personnel detailed with PSC without loss of rank, and all functions, programs, and activities of DepEd related to sports competition. However, the program for school sports and physical fitness is not transferred and remains part of the basic education curriculum.