Barrio High School Charter Law

Policy, Purpose, and Core Concept

Section 1 declares it to be the policy of the Act to make possible equal opportunities for high school education for all children of the Philippines regardless of the place of birth or the economic condition of their parents.
Section 1 states that the objective is enabling all people to achieve high school education.
Section 2 provides that the Act shall be known and referred to as the “Barrio High School Charter.”
Section 3 defines “Barrio High School” as high schools established in the barrios of the Philippines that meet the Act’s standards and are organized, maintained, and supervised under the Act.

Definition of “Barrio High School”

Section 3 limits “Barrio High School” to high schools established in the barrios of the Philippines.
Section 3 excludes high schools opened and maintained by the Bureau of Public Schools, the Bureau of Vocational Education, the private high schools under the Bureau of Private Schools, and laboratory high schools of State Universities and Colleges.
Section 3 requires that the barrio high school offer the standard secondary course prescribed by the Department of Education.
Section 3 requires that the school is organized, maintained, and supervised under the provisions of Republic Act No. 6054, and the definition is expressly tied to that framework.

Who Organizes and How Schools Open

Section 4 provides that barrio high schools may be organized in the barrio at the instance of the barrio council whenever at least forty students are available to constitute a class.
Section 5 makes it the duty of the Barrio Council to initiate organization when at least forty students eligible for high school whose parents have signed a petition in writing for establishment are available.
Section 5 requires the Barrio Council to submit the petition together with its resolution of approval to the Superintendent of Schools.
Section 5 directs the Superintendent of Schools to recommend opening when the opening is urgent and will serve the public interest in the barrio concerned.
Section 5 allows two or more barrios to establish a barrio high school.
Section 5 requires that expenses for establishment, operation, and maintenance be borne proportionately by the barrios concerned.

Administration, Supervision, and Local Fund Handling

Section 6 grants the Secretary of Education through the Director of Public Schools the power to authorize opening of barrio high schools.
Section 6 grants the same authority power to authorize closing of barrio high schools that operate in violation of the Act or any rule or regulation promulgated under authority of the Act.
Section 6 assigns the Superintendent of Schools power of administration and supervision over all barrio high schools within the division.
Section 6 requires that the Superintendent place direct administration and supervision of each barrio high school with the principal of the complete public high school nearest to the particular barrio high school.
Section 6 requires barrio councils to assume responsibility for administration of funds for operation of barrio high schools in their jurisdiction, including safekeeping of all incomes derived from school and other sources and proper disbursement pursuant to a budget approved by them under rules prescribed, subject to usual accounting and auditing regulations.
Section 6 requires all funds for establishment, operation, and maintenance to be deposited with the municipal treasurer by the barrio treasurer, who must be bonded in an amount fixed by the barrio council.
Section 6 provides that if a barrio high school is established and operated by two or more barrios, the Auditor General (or duly authorized representatives) determines the manner of deposit and disbursement.

Liability for Claims

Section 7 makes barrios answerable for all claims arising from operation of barrio high schools within their jurisdiction.
Section 7 provides that when a barrio high school is established and operated by two or more barrios, liability is joint and several.

Financing Sources and Special Trust Funds

Section 8 provides that a barrio high school shall be supported primarily by tuition fees paid by students.
Section 8 limits tuition fees to an amount not higher than what is paid in the provincial high school.
Section 8 provides that barrio high schools are supported secondarily from the following sources, among others:
Section 8(a) provides for an allocation involving real estate tax: an amount equivalent to five per cent (5%) of the real estate tax collected within the barrio shall be allotted to the corresponding barrio should the barrio have a barrio high school or decide to establish one.
Section 8(a) requires that the amount be deducted in equal amount from the share of the province and of the municipality and appropriated by the Barrio Council exclusively for improvement of instruction in its barrio high schools, such as purchase of high school textbooks.
Section 8(a) amends in connection with this allocation Commonwealth Act No. 3570 and Republic Act No. 3590 accordingly.
Section 8(b) constitues as a special trust fund the five million pesos or so much thereof appropriated by Republic Act No. 5447 as aid to barrio high schools.
Section 8(b) requires that the special trust fund be administered by the Secretary of Education and used exclusively as national contribution to barrio high schools.
Section 8(b) amends Republic Act No. 5447 accordingly for this purpose.

Teachers, Staff, and Staffing Standards

Section 9 requires that in appointing teachers, the Superintendent of Schools ensure teachers for barrio high schools have the same qualifications required of teachers in any provincial, city, or municipal high school.
Section 9 requires at least one full-time qualified teacher in the staff.
Section 9 allows that qualified teachers of the barrio elementary school housing the barrio high school and other qualified teachers, with approval of the Superintendent, may handle classes on a part-time basis.

Teacher Compensation Rules and Limits

Section 10 requires that salaries of full-time classroom teachers of barrio high schools be at least equal to the rate of salary of teachers of the same rank and category in regular public high schools.
Section 10 requires honoraria for part-time teachers to be determined by rules and regulations promulgated by the Secretary of Education.
Section 10 prohibits such teachers from being assigned to more than two periods per day of classroom work.
Section 10 authorizes the Secretary of Education to adopt a reasonable schedule of honoraria for personnel of the Bureau of Public Schools assigned additional duties relative to the operation of barrio high schools, any law to the contrary notwithstanding.

Curriculum and Terminal Vocational Requirement

Section 11 requires the barrio high school to adopt an integrated curriculum or curricula consisting of academic and vocational subjects.
Section 11 requires that the proportion between academic and vocational subjects depends upon the needs and conditions of the community where the barrio high school is located.
Section 11 mandates that the vocational course in each curriculum year shall be terminal.

Location Restrictions and Use of Existing Tools

Section 12 prohibits authorization of barrio high schools, except those existing at the time of approval of the Act, to open in the poblacion or within three kilometers radius of any existing high school.
Section 12 authorizes the Secretary of Education to determine by regulation exceptions to the location restriction when public interest so requires.
Section 12 requires that whenever necessary, the Superintendent of Schools authorize use by the barrio high school of hand tools, materials, and supplies for practical arts and vocational courses existing in the elementary school where the barrio high school holds classes.

Sharing of Facilities

Section 13 authorizes and directs the Bureau of Public Schools and the Bureau of Vocational Education to allow barrio high schools to use their existing facilities whenever these are not in use by their respective schools.

Review of Barrio Council Ordinances

Section 14 makes all ordinances approved by barrio councils relating to establishment and operation of barrio high schools subject to review by the respective city or municipal council to determine whether they are inconsistent with law or municipal ordinance.
Section 14 provides that if the city or municipal council does not take action on the ordinance within fifteen days (non-working days excepted), the ordinance is deemed approved.
Section 14 provides that any disagreement on the city or municipal council action shall be referred to the provincial or city fiscal for final action pursuant to Section Twenty of the Revised Barrio Charter.

Secretary’s Rule-Making Powers

Section 15 directs and authorizes the Secretary of Education to promulgate all needful rules and regulations to fully implement the Act.
Section 15 includes rule-making covering, among others: costs of tuition and other fees that must be reasonable and uniform, sharing of school facilities and personnel, accreditation and student transfers, causes for closure of barrio high schools, and other related matters.
Section 15 requires notice to the barrio council and provision of a reasonable time for the barrio council to fulfill all requirements of law or regulation before any barrio high school is closed.

Coverage and Existing Schools

Section 17 states that the Act covers all barrio high schools.
Section 17 provides that barrio high schools existing at the time of approval of the Act shall be given a reasonable time within which they shall comply with the requirements of the Act.

Repeal, Separability, and Conflict Resolution

Section 16 repeals and/or amends all laws or regulations in conflict or inconsistent with Republic Act No. 6054.
Section 18 establishes separability: if any part, section, or provision is held invalid or unconstitutional, the invalidity does not affect the remaining parts, sections, or provisions.