Goverce framework for basic education

Policy, purpose, and system goals

The State protects and promotes the right of all citizens to quality basic education and makes elementary education free and compulsory, and high school education free (Section 2).
Basic education must also include alternative learning systems for out-of-school youth and adult learners (Section 2).
Basic education aims to provide learners with the skills, knowledge, and values to become caring, self-reliant, productive and patriotic citizens (Section 2).
The school is designated as the heart of the formal education system, with a single aim to provide the best possible basic education for all learners (Section 2).
Governance of basic education begins at the national level and is translated into programs, projects, and services at regions, divisions, schools, and learning centers (collectively, field offices) (Section 2).
The State encourages local initiatives to improve basic education quality and ensures that school community values, needs, and aspirations are reflected in education programs (Section 2).
The Act provides a governance framework that sets general directions for educational policies and standards and establishes authority, accountability, and responsibility for higher learning outcomes (Section 3).
The Act makes field offices implement educational programs through roles, responsibilities, and resources (Section 3).
The Act establishes schools and learning centers as facilities where learners receive core competencies for elementary and high school education or receive alternative learning programs and accreditation equivalent to at least high school education (Section 3).

Defined terms and key concepts

“Alternative Learning System” is a parallel learning system that provides a viable alternative to formal education instruction and includes both non-formal and informal sources of knowledge and skills (Section 4).
“Basic Education” is education that meets basic learning needs and lays the foundation for subsequent learning; it encompasses early childhood, elementary, high school, alternative learning systems for out-of-school youth and adult learners, and education for those with special needs (Section 4).
“Cluster of Schools” is a group of schools that are geographically contiguous and brought together to improve learning outcomes (Section 4).
“Formal Education” is systematic and deliberate hierarchically structured and sequential learning corresponding to elementary and secondary schooling, with certification at the end of each level to enter or advance to the next level (Section 4).
“Informal Education” is lifelong learning through daily experiences at home, at work, at play, and from life itself (Section 4).
“Integrated Schools” provide a complete basic education in one school site with unified instructional programs (Section 4).
“Learner” is any individual seeking basic literacy skills and functional life skills or support services to improve quality of life (Section 4).
“Learning Center” is a physical space housing learning resources and facilities for alternative learning programs for out-of-school youth and adults, serving as a venue for face-to-face learning and community development opportunities (Section 4).
“Learning Facilitator” is the key-learning support person responsible for supervising/facilitating the learning process and activities of the learner (Section 4).
“Non-Formal Education” is organized, systematic educational activity carried outside the formal system to provide selected types of learning to a segment of the population (Section 4).
“Quality Education” is the appropriateness, relevance, and excellence of education meeting the needs and aspirations of individuals and society (Section 4).
“School” is an educational institution, private or public, undertaking educational operation for a specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usually located in a building or group of buildings in a particular physical or cyber site (Section 4).
“School Head” is responsible for administrative and instructional supervision of the school or cluster of schools (Section 4).

Shared governance and departmental structure

Shared governance recognizes that every unit in the education bureaucracy has a particular role, task, and inherent accountability for outcomes (Section 5).
Decision-making at appropriate levels must observe democratic consultation, and the system must establish feedback mechanisms to ensure coordination and open communication between the central office and field offices (Section 5).
Accountability and transparency must operationalize the performance of functions and responsibilities at all levels (Section 5).
Field-office communication channels must be strengthened to facilitate information flow and expand linkages with other government agencies, local government units, and nongovernmental organizations for effective governance (Section 5).
The former Department of Education, Culture and Sports is henceforth called the Department of Education (Section 6).
The Department is vested with authority, accountability, and responsibility for ensuring access to, promoting equity in, and improving the quality of basic education (Section 6).
Arts, culture, and sports are governed through provisions in Sections 8 and 9 (Section 6).

Powers and responsibilities by level

The Secretary of the Department of Education exercises overall authority and supervision over Department operations (Section 7).
Beyond existing legal powers, the Secretary formulates national educational policies, formulates a national basic education plan, promulgates national educational standards, monitors and assesses national learning outcomes, undertakes national educational research and studies, enhances the employment status and welfare/working conditions and professional competence of Department personnel, and enhances total learner development through local and national programs/projects (Section 7).
The Secretary is assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries, with duties governed by law; at least one (1) undersecretary and one (1) assistant secretary must be career executive service officers chosen from among Department staff (Section 7).

Regional, division, district, and school governance

Regional offices exist in the number provided by law; each has a director, an assistant director, and an office staff for program promotion and support, planning, administrative and fiscal services (Section 7).
The regional director defines a regional educational policy framework reflecting community values and needs; develops a regional basic education plan; develops regional educational standards for international competitiveness benchmarking; monitors and evaluates regional learning outcomes; undertakes regionwide research and manages regionwide projects funded through official development assistance and/or other funding agencies; ensures strict compliance with national criteria for recruitment, selection, and training of regional and division staff; formulates the budget for the regional educational plan (coordinated with the regional development council) accounting for division and district plans; determines division/district organization components and approves proposed staffing patterns for division/district employees; hires/places/evaluates regional office employees except assistant director; evaluates school division superintendents and assistant division superintendents; plans and manages efficient use of personnel and physical and fiscal resources and professional staff development; manages the region’s database and management information system; approves establishment of public/private elementary and high schools and learning centers; and performs other functions assigned by proper authorities (Section 7).
A division consists of a province or city and has a schools division superintendent, at least one assistant superintendent, and office staff for programs promotion, planning, administrative, fiscal, legal, ancillary, and other support services (Section 7).
The schools division superintendent develops and implements division education development plans; manages efficient use of division personnel and physical and fiscal resources including professional staff development; hires/places/evaluates division supervisors and schools district supervisors and all division employees (teaching and non-teaching), including school heads, except assistant superintendent; monitors utilization of national and LGU funds provided to schools and learning centers; ensures compliance with quality standards for basic education programs, strengthening division supervisors as subject area specialists; promotes awareness and adherence of schools and learning centers to accreditation standards prescribed by the Secretary; supervises operations of all public and private elementary, secondary, integrated schools, and learning centers; and performs other functions assigned by proper authorities (Section 7).
Additional schools districts may be established by the regional director upon recommendation of schools division superintendents; schools districts existing at the time of the Act must be maintained (Section 7).
Each schools district has a schools district supervisor and an office staff for program promotion (Section 7).
The schools district supervisor provides professional and instructional advice and support to school heads and teachers/facilitators of schools and learning centers in the district or cluster thereof; performs curricula supervision; and performs other functions assigned by proper authorities (Section 7).
There is a school head for all public elementary schools and public high schools, or for a cluster thereof; establishment of integrated schools from existing public elementary and public high schools is encouraged (Section 7).
The school head is both an instructional leader and administrative manager, forms a team with teachers/learning facilitators, and a core of non-teaching staff handles the school’s administrative, fiscal and auxiliary services (Section 7).
The school head sets the mission, vision, goals and objectives; creates an environment conducive to teaching and learning; implements curriculum and is accountable for higher learning outcomes; develops the school education program and school improvement plan; offers educational programs/projects/services providing equitable opportunities for all learners; introduces innovative modes of instruction to achieve higher learning outcomes; administers and manages personnel and physical and fiscal resources; recommends the staffing complement based on needs; encourages staff development; establishes school and community networks and encourages active participation of teachers organizations, non-academic personnel of public schools, and parents-teachers-community associations; accepts donations/gifts/bequests/grants to upgrade competencies, improve/expand facilities, and provide instructional materials/equipment—subject to reporting to district supervisors and division superintendents; and performs other functions assigned by proper authorities (Section 7).
The Secretary must create promotions boards at appropriate levels to formulate and implement promotion systems for schools division supervisors, schools 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/learning facilitators and learners (Section 7).
Qualifications, salary grade, status of employment, welfare, and benefits of school heads must be the same for public elementary, secondary, and integrated schools (Section 7).
Appointment to the positions of regional directors, assistant regional directors, schools division superintendents, and assistant schools division superintendents requires the appointee to be a career executive service officer who preferably has risen from the ranks (Section 7).

Transfer of cultural agencies and curricula

The Komisyon ng Wikang Pilipino, the National Historical Institute, the Record Management and Archives Office, and the National Library are administratively attached to the National Commission for Culture and the Arts (NCCA) and no longer attached to the Department of Education (Section 8).
The program for school arts and culture remains part of the school curriculum (Section 8).

Abolition of BPESS; sports functions

All functions, programs, and activities of the Department of Education related to sports competition are transferred to the Philippine Sports Commission (PSC) (Section 9).
The program for school sports and physical fitness remains part of the basic education curriculum (Section 9).
The Bureau of Physical Education and School Sports (BPESS) is abolished (Section 9).
BPESS personnel presently detailed with the PSC are transferred to the PSC without loss of rank, including the plantilla positions they occupy; all other BPESS personnel are retained by the Department (Section 9).

Support, resource allocation, and personnel policy

Within ninety (90) days from approval of the Act, the Secretary of Education and the Secretary of Budget and Management must jointly promulgate guidelines on allocation, distribution, and utilization of national government resources for field offices, considering the uniqueness of the teaching service working conditions (Section 10).
The Secretary of Education must ensure resources appropriated for field offices are adequate and that resources for school personnel, school desks and textbooks, and other instructional materials intended are allocated directly and released immediately by the Department of Budget and Management to field offices (Section 10).
Subject to civil service laws and regulations, the Secretary of Education must issue appropriate personnel policy rules and regulations for teaching profession requirements, considering the uniqueness of teaching service working conditions (Section 11).
The Commission on Audit must take into account the different characteristics and distinct features of the Department’s field offices, organizational set-up, and the nature of operations of schools and learning centers when issuing audit rules governing utilization, liquidation, recording, and reporting of resources (Section 12).

Special governance for ARMM

The Regional Education Secretary for the Autonomous Region in Muslim Mindanao (ARMM) exercises similar governance authority over divisions, districts, schools, and learning centers in the region as provided in the Organic Act, without prejudice to Republic Act No. 9054 (Section 13).

Implementing rules and transition duties

The Secretary of Education must promulgate implementing rules and regulations within ninety (90) days after approval of the Act (Section 14).
The Secretary of Education must fully implement the principle of shared governance within two (2) years after approval of the Act (Section 14).

Separability, repeals, and effectivity

If any portion or provision is declared unconstitutional, other parts not affected continue in full force and effect (Section 15).
All laws, decrees, executive orders, rules, and regulations, or parts thereof, inconsistent with the Act are repealed or modified accordingly (Section 16).
The Act takes effect fifteen (15) days after publication in at least two (2) newspapers of general circulation (Section 17).