Framework for Goverce of Basic Education

Policy, purpose, and core governance idea

The State policy is to protect and promote the right of all citizens to quality basic education and to make basic education accessible to all by providing free and compulsory elementary education and free high school education under Section 2.
Basic education includes alternative learning systems for out-of-school youth and adult learners under Section 2.
Basic education aims to provide learners with the skills, knowledge, and values to become caring, self-reliant, productive, and patriotic citizens under Section 2.
The school is recognized as the heart of the formal education system, with a single aim of providing the best possible basic education for all learners under Section 2.
Governance of basic education begins at the national level and is carried out at the regions, divisions, schools and learning centers, referred to as field offices, where policy is translated into programs, projects, and services fitted to local needs under Section 2.
The Act’s purposes include establishing a framework that sets general directions for educational policies and standards and establishes authority, accountability, and responsibility for higher learning outcomes under Section 3.
The Act’s purposes include making schools and learning centers key vehicles for teaching national values and developing love of country and pride in heritage under Section 3.
The Act’s purposes include enabling schools and learning centers to reflect community values by allowing flexibility for teachers/learning facilitators and other staff to serve learner needs under Section 3.

Definitions established by law

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

Shared governance and governance structure

Shared governance is the principle that recognizes each unit in the education bureaucracy has a particular role, task, and responsibility inherent in the office and is principally accountable for outcomes under Section 5.
Democratic consultation must be observed in decision-making at appropriate levels under Section 5.
Feedback mechanisms must be established to ensure coordination and open communication between the central office and regional, division, and school levels under Section 5.
Accountability and transparency must be operationalized in performance of functions and responsibilities at all levels under Section 5.
Communication channels of field offices must be strengthened to facilitate flow of information and expand linkages with other government agencies, local government units, and nongovernmental organizations for effective governance under Section 5.
The Department of Education, Culture and Sports is renamed and henceforth called the Department of Education under 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 under Section 6.
Arts, culture, and sports are handled as provided in Sections 8 and 9 under Section 6.

Authority and functions by level

The Secretary of Education exercises overall authority and supervision over the Department under Section 7.
In addition to powers under existing laws, the Secretary has authority, accountability, and responsibility for: formulating national educational policies; formulating a national basic education plan; promulgating national educational standards; monitoring and assessing national learning outcomes; undertaking national educational research and studies; enhancing employment status, professional competence, welfare, and working conditions of all Department personnel; and enhancing total learner development through local and national programs and/or projects under Section 7.
The Secretary is assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries under Section 7.
At least one (1) undersecretary and one (1) assistant secretary must be career executive service officers chosen from among Department staff under Section 7.
At the regional level, regional offices are created as provided by law and each has a director, an assistant director, and office staff for program promotion and support, planning, administrative and fiscal services under Section 7.
The regional director must define a regional educational policy framework reflecting community values, needs, and expectations; develop a regional basic education plan; develop regional educational standards with benchmarking for international competitiveness; monitor and evaluate regional learning outcomes; undertake research projects and manage regionwide projects; ensure strict compliance with national criteria for recruitment, selection, and training of staff; formulate the regional budget in coordination with the regional development council; determine organization components and approve proposed staffing patterns for divisions and districts; hire, place, and evaluate regional employees except the position of assistant director; evaluate schools division superintendents and assistant division superintendents; plan and manage personnel, physical, and fiscal resources including professional staff development; manage the regional database and management information system; approve establishment of public and private elementary and high schools and learning centers; and perform other functions assigned by proper authorities under Section 7.
At the division level, a division consists of a province or city and includes a schools division superintendent, at least one assistant schools division superintendent, and office staff for programs promotion, planning, administrative, fiscal, legal, ancillary, and other support services under Section 7.
The schools division superintendent must develop and implement division education development plans; plan and manage division resources including professional staff development; hire, place, and evaluate division supervisors and schools district supervisors and all division employees including school heads (except the assistant division superintendent); monitor utilization of national government and local government units’ funds for schools and learning centers; ensure compliance with quality standards for basic education programs through strengthened division supervisor roles as subject area specialists; promote awareness and adherence to accreditation standards prescribed by the Secretary; supervise operations of public and private elementary, secondary, integrated schools, and learning centers; and perform other assigned functions under Section 7.
A schools district may be established by the regional director upon recommendation of the schools division superintendent, and schools districts existing at the time of enactment are maintained under Section 7.
Each schools district has a schools district supervisor and office staff for program promotion under Section 7.
The schools district supervisor must provide professional and instructional advice and support to school heads and teachers/learning facilitators; exercise curricula supervision; and perform other assigned functions under Section 7.
At the school level, there must be a school head for all public elementary schools and public high schools or a cluster thereof, and establishment of integrated schools from existing public elementary and public high schools is encouraged under Section 7.
The school head serves as instructional leader and administrative manager and forms a team with school teachers/learning facilitators for delivery of quality educational programs, projects, and services under Section 7.
A core of non-teaching staff handles the school’s administrative, fiscal, and auxiliary services under Section 7.
The school head must set the school mission, vision, goals, and objectives; create a conducive environment for teaching and learning; implement the school curriculum and be accountable for higher learning outcomes; develop the school education program and school improvement plan; offer equitable opportunities for all learners in the community; introduce innovative modes of instruction for higher learning outcomes; administer and manage personnel, physical, and fiscal resources; recommend school staffing complement based on needs; encourage staff development; establish school and community networks and encourage active participation of teachers organizations, non-academic personnel of public schools, and parents-teachers-community associations; accept donations, gifts, bequests, and grants to upgrade teachers’/learning facilitators’ competencies, improve and expand facilities, and provide instructional materials and equipment, with reporting to appropriate district supervisors and division superintendents; and perform other assigned functions under Section 7.
The Secretary of Education must create a promotions board at appropriate levels to formulate and implement a system of promotion for schools division supervisors, schools district supervisors, and school heads under Section 7.
Promotion of school heads must be based on educational qualification, merit, and performance rather than the number of teachers/learning facilitators and learners in the school under Section 7.
Qualifications, salary grade, status of employment, and welfare and benefits of school heads must be the same for public elementary, secondary, and integrated schools under Section 7.
Appointments to the positions of regional directors, assistant regional directors, schools division superintendents, and assistant schools division superintendents must be made only if the appointee is a career executive service officer, who preferably has risen from the ranks under Section 7.

Cultural agencies attachment and school arts

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

Transfer of school sports functions; abolition

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

Budget, personnel policy, and audit coordination

The Secretary of Education and the Secretary of Budget and Management must jointly promulgate within ninety (90) days from approval guidelines on allocation, distribution, and utilization of national government resources for field offices under Section 10.
The allocation guidelines must consider the uniqueness of the working conditions of the teaching service under Section 10.
The Department of Education must ensure resources appropriated for field offices are adequate under Section 10.
The Department of Budget and Management must allocate and release resources for school personnel, school desks and textbooks, and other instructional materials directly and immediately to field offices under Section 10.
The Secretary of Education must issue appropriate personnel policy rules and regulations to best meet the requirements of the teaching profession, subject to civil service laws and regulations and considering the uniqueness of teaching service working conditions under Section 11.
The Commission on Audit, in issuing audit rules governing utilization of resources and liquidation, recording, and reporting, must take into account field offices’ characteristics and distinct features, organizational set-up, and the nature of school and learning center operations under Section 12.

ARMM governance; implementation timing

The Regional Education Secretary for the Autonomous Region in Muslim Mindanao (ARMM) exercises similar governance authority over divisions, districts, schools, and learning centers as may be provided in the Organic Act under Section 13, without prejudice to Republic Act No. 9054 (strengthening and expanding the Organic Act for ARMM, amending Republic Act No. 6734) under Section 13.
The Secretary of Education must promulgate implementing rules and regulations within ninety (90) days after approval under Section 14.
The Secretary of Education must fully implement the principle of shared governance within two (2) years after approval under Section 14.

Separability, repeals, and effectivity

Section 15 provides separability: if any portion or provision is declared unconstitutional, the other parts or provisions not affected continue in full force and effect under Section 15.
Section 16 repeals and modifies accordingly: all laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with Republic Act No. 9155 are repealed or modified under Section 16.
Section 17 sets effectivity: the Act takes effect fifteen (15) days after publication in at least two (2) newspapers of general circulation under Section 17.