Title
Establishment and Maintece of Philippine Education System
Law
Batas Pambansa Blg. 232
Decision Date
Sep 11, 1982
The Education Act of 1982 in the Philippines establishes an integrated system of education, promoting equal access to education for all individuals and emphasizing community participation, with the Ministry of Education, Culture and Sports as the governing body.

Law Summary

Basic State Policy

  • Establish and maintain a complete, adequate, integrated education system.
  • Education must contribute to economic development, social progress, national unity.
  • Promotes right to quality education without discrimination.
  • Recognizes cultural communities' right to develop within their cultures.

Educational Objectives

  • Provide broad general education fostering individual potential and social participation.
  • Train middle-level skilled manpower.
  • Develop professional leadership for knowledge advancement.
  • Ensure education responds to changing national needs.
  • Instill love of country, citizenship duties, moral character, scientific and vocational efficiency.
  • Extend education to deprived communities for inclusion and national unity.

Educational Community

  • Includes parents/guardians, students, pupils, teaching/academic staff, school administrators, academic non-teaching and non-academic personnel.
  • Schools must foster cooperation among community members and other societal sectors.
  • Promote parents’ role in youth education.
  • Safeguard students’ welfare and rights.
  • Improve social/economic status and working conditions of school personnel.

Rights of Parents

  • Organize for discussion of school programs.
  • Access children’s official educational records.

Rights of Students

  • Receive relevant quality education.
  • Choose field of study and progress subject to academic and disciplinary rules.
  • Access guidance and counseling services.
  • Access own school records and prompt issuance of credentials.
  • Publish student publications and invite speakers.
  • Free expression and communication channels with school authorities.
  • Form and join recognized organizations.
  • Free from involuntary contributions unless approved.

Rights of School Personnel

  • Express opinions freely and communicate with authorities.
  • Free legal services for public personnel when charged related to duties.
  • Form and join labor/professional organizations.
  • Free from involuntary contributions except those internally imposed.

Special Rights of Teaching Staff

  • Exempt from compulsory non-duty tasks unless compensated.
  • Intellectual property rights.
  • Recognized as persons in authority in lawful duties, entitled to respect/protection.
  • Career advancement opportunities.

Special Rights of School Administrators

  • Given administrative discretion.
  • Recognized as persons in authority entitled to respect/protection.

Rights of Schools

  • Governing boards control governance.
  • Higher education institutions regulate admission, faculty, subjects academically.

Duties of Parents

  • Support educational objectives through cooperation.
  • Ensure children obtain at least elementary education, strive for higher education.

Duties of Students

  • Maximize potential and develop service orientation.
  • Uphold academic integrity, obey rules.
  • Maintain school peace and harmonious relations.
  • Participate actively in civic and national development.
  • Exercise rights responsibly.

Duties of Teachers

  • Discharge duties aligned with school philosophy and goals.
  • Accountable for student learning outcomes.
  • Report on student performance.
  • Pursue professional growth.
  • Maintain professionalism.
  • Promote constructive societal change.

Duties of School Administrators

  • Responsible for school administration and management.
  • Promote environment conducive to academic freedom and relationships.
  • Maintain professional conduct.
  • Provide performance reports and counsel personnel.
  • Ensure due process in discipline.
  • Maintain records and submit reports.

Duties of Academic Non-Teaching Personnel

  • Engage in professional improvement.
  • Maintain professional attitude.
  • Support service and learning atmosphere.

Formal Education Levels and Objectives

  • Elementary: basic knowledge, social responsiveness, national identity, work orientation.
  • Secondary: continuation of elementary goals; develop aptitudes and skills for work or tertiary education.
  • Tertiary: provide national identity, train manpower, develop leadership, advance knowledge.

Specialized and Non-Formal Education

  • Includes work education, technical-vocational, special education, non-formal education.
  • Aims to eradicate illiteracy, provide vocational skills, and develop values for development.

School Establishment and Recognition

  • Public schools established by law; private schools must incorporate as non-stock corporations except pre-schools.
  • Recognition required for operation, with conditions and penalties for violations.
  • Encourages voluntary accreditation beyond minimum standards.

School Organization

  • Schools must organize internal governance and dispute settlement.
  • Government colleges and private schools must have governing boards.

Personnel Regulations

  • Government school personnel governed by Civil Service rules.
  • Private school personnel disputes under labor law with special standards.
  • Private schools must have internal dispute systems.

Financing Education

  • National government funds public schools; local governments encouraged to participate.
  • Financial aid extended to local public secondary schools.
  • Local governments must allocate funds to public secondary schools.
  • Proceeds from special education fund used as prescribed.
  • Secondary and post-secondary schools may charge fees.
  • Government institutions may generate income via grants, donations, and enterprise.
  • Private schools funded by multiple sources including tuition, grants, investments.
  • Government may assist private schools if standards met.
  • Private schools determine fees subject to regulations.
  • Private schools may receive donations and run auxiliary enterprises.
  • Institutional funds may be pooled for resource generation.

Incentives

  • State provides incentives to encourage community participation.
  • Real property for education taxed at 15% of market value; proceeds go to a special fund managed locally.
  • Gifts/donations for improvement exempt from tax with conditions.
  • Earnings from scholarship fund investments tax-exempt if used for scholarships.
  • Gains from disposition of school property reinvested per school dispersal program exemptions.
  • Schools may convert to non-profit educational foundations under rules.

Student Assistance

  • Government provides scholarships, loans, subsidized tuition, with reserved quotas for cultural communities.
  • Educational institutions encouraged to grant scholarships.
  • Private sector encouraged to support students financially for research and projects.

Ministry of Education, Culture and Sports (MECS)

  • Administers and supervises educational institutions.
  • Headed by Minister assisted by Deputies.
  • Organizational units include bureaus for elementary, secondary, higher, technical-vocational, continuing education, and cultural agencies.
  • National Board of Education abolished; functions transferred.

Functions of MECS

  • Formulate educational objectives, policies, plans.
  • Develop and implement education and cultural programs.
  • Promulgate rules and coordinate system activities.
  • Work with agencies for cultural community development.
  • Recommend legislation and report annually to Batasang Pambansa.

Board of Higher Education

  • Advisory body to the Minister with appointed members.
  • Recommends policies, governance improvements, resource generation for higher education.

Bureaus’ Functions

  • Bureau of Elementary Education: program development and evaluation, teacher training.
  • Bureau of Secondary Education: similar duties for secondary level.
  • Bureau of Technical-Vocational Education: manpower collaboration, program evaluation.
  • Bureau of Higher Education: program development, policy advice, data analysis.
  • Bureau of Continuing Education: implements non-formal education for diverse learning needs.

Regional Offices

  • Formulate regional education plans.
  • Implement laws and policies regionally.
  • Provide efficient services.

Penalties

  • Operating schools without recognition: fines (P2,000-P10,000) and/or imprisonment up to 2 years.
  • Administrative sanctions for mismanagement, inefficiency, fraud, violations.
  • Sanctions protect interests of students, teachers, employees.

Rule-Making and Effectivity

  • Minister authorized to issue implementing rules.
  • Invalid provisions do not affect overall law.
  • Repeals inconsistent laws.
  • Effective upon approval.

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