Title
Framework for Goverce of Basic Education
Law
Republic Act No. 9155
Decision Date
Aug 11, 2001
A Philippine law that aims to provide free and compulsory education in the elementary level and free education in the high school level, while promoting democratic consultation and shared governance in decision-making processes.

Questions (Republic Act No. 9155)

RA 9155 is known as the “Governance of Basic Education Act of 2001.” It establishes a framework of governance for basic education, defines authority and accountability, renames the Department of Education, Culture and Sports as the Department of Education, and provides for other related purposes.

The State shall protect and promote the right of all citizens to quality basic education and make it accessible—free and compulsory elementary education and free high school education. It also includes alternative learning systems for out-of-school youth and adult learners.

Shared governance recognizes each unit’s role and accountability for outcomes; requires democratic consultation at appropriate decision-making levels; operationalizes accountability and transparency; and strengthens communication channels with field offices to enable coordination and linkages with other government agencies, LGUs, and NGOs.

Governance begins at the national level and is translated into programs at the regions, divisions, schools, and learning centers (field offices), where policies are adapted to local needs.

The Secretary formulates national educational policies and a national basic education plan, promulgates national standards, monitors and assesses national learning outcomes, undertakes national educational research, and enhances the employment status and working conditions of department personnel, among other learner development functions.

The Secretary is assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries, with assignments governed by law, and at least one undersecretary and one assistant secretary must be career executive service officers chosen from among department staff.

The regional director defines a regional educational policy framework, develops regional plans and standards, monitors learning outcomes, conducts regionwide research/projects, ensures compliance with national staff recruitment/training criteria, formulates the regional education budget, determines organization and staffing patterns for divisions/districts, hires/places/evaluates regional employees and evaluates school division superintendents, manages regional databases/MIS, and approves establishment of public and private schools/learning centers.

The superintendent develops and implements division education plans; manages personnel/physical/fiscal resources; hires/places/evaluates division supervisors and employees (including school heads, except the assistant division superintendent); monitors utilization of funds by national and LGU sources; ensures compliance with quality standards; promotes adherence to accreditation standards; supervises public and private schools and learning centers; and performs other assigned functions.

A cluster of schools is a group of geographically contiguous schools brought together to improve learning outcomes.

It is a parallel learning system providing a viable alternative to existing formal instruction, encompassing non-formal and informal sources of knowledge and skills for out-of-school youth and adult learners.

RA 9155 declares that schools and learning centers are empowered to make decisions on what is best for the learners they serve, and that local initiatives should reflect the values, needs, and aspirations of the school community.

School heads set mission/vision/goals; create a learning-conducive environment; implement the school curriculum and are accountable for outcomes; develop the school education program and improvement plan; offer equitable opportunities for learners; introduce innovative instruction modes; administer personnel/resources; recommend staffing complements; encourage staff development; establish school/community networks and encourage participation of relevant stakeholders; and may accept donations/grants (subject to reporting rules).

The Secretary shall create promotion boards at appropriate levels that implement promotion systems for division supervisors, district supervisors, and school heads. Promotion of school heads must be based on educational qualification, merit, and performance rather than on the number of teachers/learners in the school.

No appointment to positions of regional directors, assistant regional directors, schools division superintendents, and assistant schools division superintendents shall be made unless the appointee is a career executive service officer, preferably one who has risen from the ranks.

Komisyon ng Wikang Pilipino, National Historical Institute, Record Management and Archives Office, and the National Library are administratively attached to the National Commission for Culture and the Arts (NCCA) instead of the Department of Education. School arts and culture remain part of the school curriculum.

All functions related to sports competition are transferred to the Philippine Sports Commission (PSC). The BPESS is abolished, and its personnel detailed with PSC are transferred without loss of rank (including plantilla positions). Other BPESS personnel remain with the Department, while school sports and physical fitness remain part of basic education curriculum.

Within 90 days, they must jointly promulgate guidelines on allocation/distribution/utilization of national government resources for field offices considering working conditions of the teaching service. RA 9155 further directs that resources for school personnel, desks, textbooks, and instructional materials be allocated directly and released immediately by the Department of Budget and Management to the field offices.

The Secretary of Education must promulgate the implementing rules within 90 days after approval, and must fully implement shared governance within two (2) years after approval.

It takes effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation.


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