Legal basis and implementing scope
- Section 14 of Republic Act No. 9155 authorizes the promulgation of implementing Rules and Regulations for the Governance of Basic Education Act of 2001.
- The Rules govern the implementation of Republic Act No. 9155 through DepEd governance structures, policies, and administrative operating principles for basic education.
- The Rules apply to DepEd governance functions across the national, regional, division, district, and school levels for elementary and secondary education services.
DepEd mandate, principles, and objectives
- DepEd must protect and promote the right of all citizens to quality basic education and must take appropriate steps to make such education accessible to all (Section 1.1).
- DepEd must establish, maintain, and support a complete, adequate, and integrated system of basic education (Section 1.1).
- DepEd must establish and maintain a system of free and compulsory public education in the elementary level and free public education in high school level (Section 1.1).
- All educational institutions must inculcate patriotism and nationalism, foster love of humanity, respect human rights, and promote values, moral character, discipline, critical and creative thinking, and scientific and technological knowledge (Section 1.1).
- DepEd must take into account regional and sectoral needs and conditions and must encourage local planning in educational policy and program development (Section 1.1).
- Implementation and application of the Rules must follow guiding principles, including that DepEd must serve students and teachers as primary constituents, and that school heads must exercise instructional leadership and sound administrative management (Section 1.2).
- Implementation must emphasize and encourage active involvement of parents and the community, maximize participation and coordination among schools, local school boards, and PTAs, and emphasize volunteerism from all sectors (Section 1.2).
- The Rules state purposes and objectives to: provide a framework for governance; define roles and responsibilities for regions, divisions, and schools; make schools and learning centers the vehicle for national values and Filipino learner development; ensure focused attention and appropriate educational services; enable community-aligned reflection through flexibility; encourage local initiatives; and establish schools and learning centers for core competencies and alternative learning programs (Section 1.3).
Core definitions for governance
- “Quality Education” means the appropriateness, relevance and excellence of education to meet individual and societal needs and aspirations (Section 1.4(a)(a)).
- “Basic Education” means education meeting basic learning needs, laying the foundation for subsequent learning; it includes early childhood, elementary, high school, and alternative learning systems for out-of-school youth and adult learners, including education for those with special needs (Section 1.4(a)(b)).
- “Early Childhood” prepares 5-6 year old children (one year before Grade One) for formal schooling and focuses on physical, social, moral, and intellectual development through socialization and communication (Section 1.4(a)(c)).
- “Elementary Education” is the first stage of free and compulsory, formal education primarily for basic education and usually corresponding to six or seven grades, and can also be attained through alternative learning systems (Section 1.4(a)(d)).
- “Secondary Education” is the stage of free formal education after elementary level, primarily continuing basic education and usually corresponding to four years of high school, and can also be attained through alternative learning systems (Section 1.4(a)(e)).
- “Special Needs Education” covers elementary and secondary education requiring modifications of school practices, curricula, programs, special services, and facilities, including gifted/talented, fast learners, and those with disabilities (Section 1.4(a)(f)).
- “Formal Education” is systematic and deliberate hierarchical sequential learning corresponding to elementary and secondary schooling, including special needs education, and learners need certification at the end of each level to enter or advance (Section 1.4(a)(g)).
- “Non-Formal Education” is any organized systematic educational activity outside the formal system to provide selected types of learning to a segment of the population (Section 1.4(a)(h)).
- “Informal Education” is lifelong learning through daily experiences at home, work, at play, and from life itself (Section 1.4(a)(i)).
- “Alternative Learning System” is a parallel learning system providing a viable alternative to existing formal instruction, encompassing both non-formal and informal sources of knowledge and skills (Section 1.4(a)(j)).
- “Teacher” covers teaching in elementary and secondary levels (full-time or part-time), including industrial arts and vocational teachers, and other persons performing supervisory/managerial/administrative functions in schools and education offices at district, division, regional, and central levels, qualified to practice teaching under RA 7836, and persons performing support functions in education such as standards setting, policy and program formulation, research, and sector monitoring/evaluation (Section 1.4(a)(k)).
- “Learning Facilitator” is used in the existing Alternative and Equivalency Program (A & E) and is treated consistently with the definition of teacher for referencing purposes (Section 1.4(a)(l)).
- “Learner” is any individual seeking basic literacy skills and functional life skills or support services to improve the quality of life (Section 1.4(a)(m)).
- “Adult Learners” are learners aged 25 years and above who are illiterates or neoliterates and either had no access to formal education or have reverted to illiteracy (Section 1.4(a)(n)).
- “Out-of-School Youth” are school-age children unable to avail of formal school opportunities or who dropped out of formal elementary or secondary education (Section 1.4(a)(o)).
- “School Heads” are persons responsible for administrative and instructional supervision of a school or cluster of schools (Section 1.4(a)(p)).
- “Non-Teaching Personnel” are employees not involved in classroom teaching but indirectly and indispensably assist delivery of services, including administrative, accounting, personnel, supply, records, and other support staff (Section 1.4(a)(q)).
- “Operating Officers” are DepEd key officials in the central, regional, and/or schools division offices, including school heads and administrators directly involved in implementing, evaluating, and monitoring plans, programs, and projects (Section 1.4(a)(r)).
- “School” is an educational institution, private or public undertaking educational operation for defined studies at defined levels, receiving instruction from teachers, usually in a building or group of buildings in a physical or cyber site (Section 1.4(a)(s)).
- “Cluster of Schools” is a group of schools geographically contiguous and brought together to improve learning outcomes (Section 1.4(a)(t)).
- “Integrated Schools” offer a complete basic education in one school site with unified instructional programs under one (1) school head (Section 1.4(a)(u)).
- “Field Offices” refer to the regional, division, school levels and learning centers (Section 1.4(a)(v)).
- “School Sports” includes sporting school activities involving students and school teachers/personnel as part of curriculum, focusing on physical fitness and sports development, including training of school athletes/coaches/officiating officials and participation in intra-mural and extra-mural activities (Section 1.4(a)(w)).
Shared governance and accountability mechanisms
- Shared governance recognizes that every unit in the education bureaucracy has inherent roles, tasks, responsibilities, and principal accountability for outcomes (Section 1.5(a)(i)).
- Democratic consultation must be observed in decision-making involving shared goals at appropriate levels (Section 1.5(a)(ii)).
- Students must be consulted on matters affecting welfare and instructional needs whenever and wherever appropriate and feasible (Section 1.5(a)(ii)).
- Operations must be the responsibility of the concerned operating officer, and feedback mechanisms must be established to ensure coordination and open communication among central office, regional, division offices, and school campuses (Section 1.5(a)(ii)).
- Accountability and transparency must be operationalized in performance of functions at all levels (Section 1.5(a)(iii)).
- Field office communication channels must strengthen and facilitate flow of information and expand linkages with LGUs and NGOs for effective governance (Section 1.5(a)(iv)).
DepEd governance structure by level
The Secretary of DepEd exercises overall authority and supervision over DepEd operations (Section 2.1(a)).
The Secretary formulates national educational policies, national basic education plan, and national educational standards; monitors and assesses national learning outcomes; undertakes national research and studies; enhances employment status and professional competence/welfare/working conditions; enhances total learner development through local and national programs/projects; and exercises disciplinary authority subject to civil service laws, rules, regulations, and procedure (Section 2.1(a)(1)-(8)).
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, with at least one undersecretary and one assistant secretary as career executive service officers chosen from DepEd staff (Section 2.1(a)).
The Rules restate and adapt undersecretary/assistant secretary powers and duties under Chapter 2, Book IV of the Administrative Code of 1987 for providing services to the Department (Section 2.1(a)).
There shall be as many regional offices as provided by law, each headed by a regional director, with an assistant director and office staff for programs promotion and support, planning, administrative, legal, and fiscal services (Section 3.1(a)).
The regional director defines a regional educational policy framework; develops regional basic education plan; develops regional educational standards for benchmarking; monitors/evaluates regional learning outcomes; undertakes regionwide research and manages regionwide projects; ensures strict compliance with national recruitment/selection/training criteria; formulates regional budget in coordination with regional development council; determines division/district organizational structure and approves staffing patterns; hires/places/evaluates regional office employees except assistant director; evaluates school superintendents and assistant superintendents; manages regional office resources and develops monitoring/supervision procedures; manages regional database and management information system; approves establishment of public/private elementary/secondary schools and learning centers subject to standards/guidelines of the Secretary; performs oversight of applicable laws/policies/programs/rules within DepEd responsibility in the region; and performs other assigned functions (Section 3.2(a)(1)-(15)).
The regional director exercises appointing authority over all regional office employees except assistant regional director subject to civil service laws and Secretary-issued policies; the regional director also exercises disciplinary authority over those personnel subject to civil service laws and Secretary-issued guidelines (Section 3.3(a)).
A division consists of a province or city with a schools division superintendent; it must have at least one assistant superintendent and office staff for programs promotion, planning, administrative, fiscal, legal, ancillary, and other support services (Section 4.1(a)).
The schools division superintendent develops/implements division education development plans; plans/manages performance of personnel and physical/fiscal resources; hires/places/evaluates division supervisors, school district supervisors, and all employees in the division (teaching and non-teaching), including school heads, except assistant division superintendent; monitors utilization of national and local government funds provided to schools and learning centers; ensures compliance with quality standards for basic education and strengthens division supervisors as subject area specialists; promotes awareness/adherence to accreditation standards prescribed by the Secretary; supervises operations of public/private elementary, secondary, integrated schools, and learning centers; and performs other assigned functions (Section 4.2(a)(1)-(8)).
The schools division superintendent appoints division supervisors and school district supervisors and all division employees (teaching and non-teaching), including school heads, except the assistant division superintendent, subject to civil service laws and Secretary-issued policies/guidelines; the schools division superintendent exercises disciplinary authority only over non-teaching personnel under jurisdiction (Section 4.3(a)).
Disciplinary authority over non-teaching personnel by the schools division superintendent must follow civil service laws and the procedures and guidelines issued by the Secretary (Section 4.3(a)).
The regional director continues disciplinary authority over teaching personnel insofar as teaching personnel are governed by specific and exclusive disciplinary provisions under the Magna Carta for Public School Teachers (RA 4670) (Section 4.3(a)).
A school district has a school district supervisor and office staff for program promotion (Section 5.1(a)).
The school district supervisor primarily performs staff functions and does not exercise administrative supervision over school principals unless specifically authorized by proper authorities (Section 5.1(a)).
The school district supervisor’s main focus is instructional and curricula supervision to raise academic standards at the school level (Section 5.1(a)).
The school district supervisor is specifically responsible for providing professional and instructional advice and support to school heads and teachers/facilitators; curricula supervision; and other functions assigned by the Secretary, regional directors, and schools division superintendents (Section 5.1(a)(1)-(3)).
The reference to the school district supervisor in this section is a public schools district supervisor (Section 5.1(a)).
A school district existing at the time of passage of the Act is maintained; an additional school district may be established by the regional director based on Secretary-set criteria and the recommendation of the schools division superintendent (Section 5.2(a)).
The Secretary shall set standards and formulate criteria as basis for the regional director in establishing an additional school district (Section 5.2(a)).
There shall be a school head for all public elementary schools and public high schools or a cluster thereof (Section 6.1(a)).
Integrated schools from existing public elementary and public high school shall be encouraged, subject to Secretary-issued guidelines (Section 6.1(a)).
The school head, assisted by an assistant school head where applicable, is both instructional leader and administrative manager (Section 6.1(a)).
The school head must form a team with school teachers/learning facilitators for delivery of quality educational programs/projects/services, while a core of non-teaching staff handles administrative, fiscal, and auxiliary services (Section 6.1(a)).
The school heads are accountable for setting the school mission/vision/goals/objectives; creating a conducive teaching and learning environment; implementing/monitoring/assessing curriculum and being accountable for higher learning outcomes; developing the school education program and school improvement plan; offering equitable programs/projects/services for learners; introducing new and innovative modes of instruction to achieve higher learning outcomes; administering/managing personnel and physical/fiscal resources; recommending the staffing complement based on needs; encouraging/enhancing staff development; establishing school and community networks and encouraging participation of teacher organizations, non-academic public school personnel, and parents-teachers-community associations; accepting donations/gifts/bequests/grants in accordance with existing laws and DepEd policy for upgrading competencies, improving facilities, and providing instructional materials/equipment (with reporting of such donations/grants to division superintendents); and performing other assigned functions (Section 6.2(a)(1)-(12)).
Organizational support, staffing review, and resources
The existing organizational structure for programs promotion and support, planning, administrative, fiscal, legal, ancillary, and other support services must be maintained at national, regional, division, and school levels (Section 7.1(a)).
The Secretary shall direct a review and evaluation of the present organizational structure and staffing pattern at all levels to ensure consistency with DepEd’s mandate, national education policies/plans/standards (Section 7.1(a)).
The Secretary may recommend changes and modifications in organizational structure and staffing pattern with appropriate authorities, subject to laws/rules/regulations (Section 7.1(a)).
The Secretary must task the regional director to review and rationalize existing organizational structures and staffing patterns in regional office, division office, district office, and school for possible modification/change recommendation to the Secretary and the Department of Budget and Management (DBM) within a reasonable period of time not later than sixty (60) days from effectivity of these Rules (Section 7.2(a)(a)).
The Secretary must task the regional director to study delineation of roles/responsibilities among district/division/regional supervisors and submit the result within a reasonable period of time to DBM as basis for possible change in their position titles, classification, and salary grades (Section 7.2(a)(b)).
In line with decentralization of fiscal management to field offices, the Secretary must rationalize allocation and distribution of national government resources for field offices, using factors including the uniqueness of the working conditions of the teaching service in the locality, to equitably distribute resources (Section 8.1(a)(a)).
The Secretary must establish and develop a procedure to directly and immediately release to regional and field offices (elementary school, secondary school, and schools division) all appropriations and resources intended for them, including personnel services, MOOE, desks, textbooks, and repair and maintenance of school buildings (Section 8.1(a)(b)).
The Secretary must establish and develop a reporting system on utilization of funds by field offices to the DepEd central office and DBM (Section 8.1(a)(c)).
The Secretary must create a task force to work and coordinate closely with DBM for joint guidelines on allocation, distribution, and utilization of such resources (Section 8.1(a)).
The task force has sixty (60) days upon effectivity of the implementing Rules to submit the final draft of joint guidelines to the Secretaries of Education and DBM for approval (Section 8.1(a)).
Personnel policies, recruitment, and promotions systems
The Secretary must adopt, promulgate, and implement personnel policies, rules, and regulations tailored to local teaching service requirements and working conditions (Section 9.1(a)).
The Secretary must review and evaluate existing DepEd personnel policies affecting recruitment, selection, hiring, appointment, promotion, deployment, dismissal, and retirement (Section 9.1(a)(a)).
In coordination and consultation with the Civil Service Commission and other concerned government agencies, the Secretary must adopt and promulgate personnel policies for those areas serving the teaching service’s interest (Section 9.1(a)(b)).
Selection of officials and employees for appointment in DepEd must be anchored on merit, competence, fitness, and equality and must be open to all qualified candidates/applicants regardless of gender, civil status, religion, ethnicity, or political affiliation (Section 11.1(a)).
No discrimination must be made against applicants who are differently abled persons (Section 11.1(a)).
The approved Merit Selection Plan must be used as one basis for approval of appointments (Section 11.1(a)).
The Secretary must create a selection and promotions board for third level positions to formulate and implement a promotion system for regional directors, assistant regional directors, bureau/center/service directors, schools division superintendents, and assistant schools division superintendents (Section 11.2(a)).
No appointment to regional director, assistant regional director, bureau/service/center director, and schools division superintendent positions may be made unless the appointee is a career service executive officer (Section 11.2(a)).
Assistant schools division superintendent appointees must be either a Superintendent eligible or a Career Executive Service Officer (CESO), preferably rising from the ranks; for this purpose, “Career Executive Service Officer” includes Career Executive Service Eligible (CESE) (Section 11.2(a)).
There must be a selection and promotions board for first and second level positions at the central and regional offices, governed by civil service laws/rules/regulations and Secretary-issued policies/guidelines (Section 11.3(a)).
The Secretary may create a task force to review and evaluate policies/guidelines on composition and membership of selection/promotions boards, selection/appointment of personnel at central and regional levels, and other matters relative to selection/appointment (Section 11.3(a)).
The task force must recommend necessary changes/revisions within a reasonable period not more than sixty (60) days from effectivity of the implementing Rules (Section 11.3(a)).
There must be a Division Selection/Promotion’s Board at provincial and city levels, governed by civil service laws/rules/regulations and Secretary-issued policies/guidelines (Section 11.4(a)).
The Division Selection/Promotion’s Board must formulate and implement a promotion system for teaching and non-teaching staff at division, district, and school levels (Section 11.4(a)).
The Secretary may direct creation of a task force composed of division office staff to review and recommend to the Secretary:
- composition and membership of selection/promotions boards at division and school levels;
- policies and guidelines for selection and appointment at division, district, and school levels;
- policies and guidelines for promotion at division/district/school levels, including criteria for promotion of school heads based mainly on educational qualifications, merit, and performance, and excluding educational qualification count of teachers and student numbers as criteria for promotion of school heads;
- a study of qualification standards, salary grades, and benefits of school heads to guide Secretary recommendations for modification with appropriate authorities (Section 11.4(a)(a)-(d)).
Qualification standards, salary grade allocation, and benefits adopted for school heads in public elementary, secondary, and integrated schools must be uniform (Section 11.4(a)(d)).
Alternative learning and culture/arts transfers
- To operationalize the Alternative Learning System in elementary, secondary, and special needs education, the Secretary must issue guidelines whenever necessary (Section 12.1(a)).
- The Komisyon ng Wikang Pilipino, National Historical Institute, Records Management and Archives Office, and National Library are administratively attached to the National Commission for Culture and the Arts (NCCA), and no longer within DepEd (Section 13.1(a)).
- The program for school arts and culture remains part of the school curriculum (Section 13.1(a)).
Sports bureau abolition and transfers
- Due to abolition of the Bureau of Physical Education and School Sports (BPESS), the Secretary must immediately transfer to the Philippine Sports Commission (PSC):
- BPESS personnel detailed with PSC without loss of rank, including the plantilla position they occupy;
- all functions, programs, and activities of DepEd related to sports competition (Section 14.1(a)(a)-(b)).
- The Secretary must assign a DepEd official to oversee smooth and immediate transfer of personnel, records, documents, functions, programs, and activities to PSC (Section 14.1(a)).
- A Memorandum of Agreement (MOA) must be prepared and executed between DepEd and PSC on the terms and conditions of the transfer (Section 14.1(a)).
- The program for school sports and physical fitness must remain part of the basic education curriculum (Section 14.2(a)).
- BPESS personnel assigned at DepEd national, regional, and division organizational units must be retained, and the Secretary may require review and evaluation of their duties/responsibilities and assignment for possible modification, conversion, and reclassification commensurate to present duties/responsibilities/assignment without loss of rank or reduction in pay (Section 14.3(a)).
Final clauses on separability and repeal
- Separability applies: if any portion or provision is declared illegal or unconstitutional, other parts not affected continue in full force and effect (Section 15.1(a)).
- Repeal/modification applies: all DepEd rules and regulations inconsistent with these Rules are repealed or modified accordingly (Section 15.2(a)).