QuestionsQuestions (BATAS PAMBANSA BLG. 232)
It is known as the “Education Act of 1982,” and it was approved on September 11, 1982.
It applies to and governs both formal and non-formal systems in public and private schools at all levels of the entire educational system.
To establish and maintain a complete, adequate, and integrated system of education relevant to national development goals, while promoting maximum contribution to economic development, social progress, participation, national unity, and cultural/moral/spiritual values.
Parents/guardians of enrolled children have the right to organize for forums with teachers and to access any official record directly relating to the children under their parental responsibility.
Examples include: (1) right to receive relevant quality education; (2) right to freely choose field of study within curricula and continue up to graduation except for deficiency/disciplinary violations; (3) right to guidance and counseling; (4) access to one’s own school records and confidentiality; (5) issuance of official credentials within thirty days from request; (6) freedom of expression and effective channels of communication; (7) right to publish student newspapers and invite resource persons; (8) right to form/join recognized organizations; (9) right to be free from involuntary contributions except those approved by their organizations.
The school must issue official documents (certificates, diplomas, transcript of records, grades, transfer credentials, and similar documents) within thirty (30) days from request.
Parents/guardians (or the head of the institution/foster home with custody); students/pupils; school personnel (teaching/academic staff, school administrators, academic non-teaching personnel, and non-academic personnel); and schools recognized by the State.
Each educational institution must provide bodies where members of the educational community discuss relevant issues and communicate information/suggestions; representatives from each subgroup must sit and participate; rules/procedures must be approved by them and duly published.
Parents must help carry out educational objectives; enable children to obtain elementary education and strive for secondary/higher education; and cooperate with the school in implementing curricular and co-curricular programs.
Students must: develop potentialities for service; uphold academic integrity and achieve excellence while abiding by rules; maintain peace and tranquility through discipline and harmonious relationships; participate in civic affairs; and exercise rights responsibly with accountability for infringements/violations of public welfare and others’ rights.
Teachers must render regular reports on student performance to students and parents/guardians with specific improvement suggestions, and must refrain from deductions in scholastic ratings for acts clearly not manifestations of poor scholarship.
They must observe due process, fairness, promptness, privacy, constructiveness, and consistency when disciplining teachers and other personnel.
Formal education is hierarchically structured and chronologically graded learnings organized and provided by the formal school system requiring certification to progress; it corresponds to: (1) Elementary (compulsory, usually six or seven grades including pre-school programs), (2) Secondary (usually four years of high school), and (3) Tertiary education (post-secondary degree programs).
Recognition transforms a temporary permit to permanent authority to operate; allows the school to issue certificates/title/diplomas to students who complete the course; and entitles graduates to benefits and privileges enjoyed by graduates in similar recognized courses across all government-recognized schools.
Upon conviction, the penalty is a fine of not less than P2,000 nor more than P10,000 and/or imprisonment for a maximum of two (2) years, at the discretion of the court. If committed by a school corporation, the school head and the responsible persons are equally liable.
Administrative sanctions may be imposed for causes such as mismanagement of school operations, gross inefficiency of teaching/non-teaching personnel, fraud/deceit in permit/recognition application, failure to comply with conditions/obligations under the Code or IRR, and unauthorized operation/violation of advertisement or announcement requirements. Sanctions must not prejudice students, teachers, and employees.
A private school proposed to be established must incorporate as a non-stock educational corporation under the Corporation Code of the Philippines; the requirement may be waived for family-administered pre-school institutions.
Administration of the education system and, pursuant to the Constitution, the supervision and regulation of educational institutions are vested in the Ministry, without prejudice to charters of state colleges/universities.