Law Summary
Problem Addressed by the Ordinance
- Despite constitutional guarantees, some public school authorities and PTA members require fees or contributions as a condition for student enrollment or graduation.
- This practice causes hesitation among poor families to send their children to school due to potential financial burdens.
Existing DepEd Policies on Collections
- Department of Education (DepEd) allows certain voluntary contributions such as Boy/Girl Scouts membership, Anti-TB Fund Drive, PTA, School Publication, and Student Organizations memberships.
- Collections must be voluntary and cannot be a prerequisite for admission or graduation.
- DepEd Orders No. 19, S-2008, No. 40, S-2008 and No. 40, S-2009 implement a "No Collection Policy" in all public elementary and secondary schools.
Issue of Non-Compliance and Recurrent Violations
- Despite DepEd Orders, some school authorities and PTA officers continue to enforce mandatory contributions.
- This creates perception that public education favors middle-class and affluent families.
- Numerous complaints have been filed with barangay governments and concerned offices.
Responsibility of School Authorities and PTA
- School authorities, as DepEd subordinates, are required to comply with the "No Collection Policy."
- PTA organizations must adhere to all existing and future DepEd policies including the "No Collection Policy" as mandated by DepEd Order No. 54, S-2009.
Impact of Illegal Collection Practices
- Unlawful collections contribute to increased out-of-school youth and street children, adversely affecting public order and safety.
- These practices hinder accessibility to education for economically disadvantaged students.
Legal Authority and Enactment of Ordinance
- Pursuant to Section 458 (a)(1)(v) of the Local Government Code of 1991, the Quezon City Council may enact ordinances to prevent fraudulent monetary practices.
- The ordinance aims to eliminate fees or contributions as a mandatory condition for enrollment or graduation in public schools.
Prohibitions Imposed by the Ordinance
- School authorities and PTA officers/members are prohibited from requiring any fee or voluntary contribution as a condition precedent for student enrollment or graduation.
Definitions
- "School Authorities": School head, principal, teachers, non-teaching personnel, and other school-connected staff.
- "Parent-Teacher Association (PTA)": School organizations of parents and teachers, whether SEC registered or recognized by the school.
- "PTA Members": Parents and teachers who are members of the PTA with children enrolled in the school.
- "Authorized/Voluntary Contribution": Voluntary contributions allowed by DepEd.
Transparency and Posting Requirements
- School Head, Principal, and PTA President must conspicuously post school fees and authorized voluntary contributions on a bulletin board within school premises.
- A bold notification must indicate that such fees and contributions are voluntary.
Monitoring and Enforcement
- The City Schools Superintendent of Quezon City shall oversee compliance with the ordinance in all public elementary and high schools.
Penalties for Violations
- Violation of the prohibition on mandatory fees and contributions shall be penalized by a fine of Five Thousand Pesos (P5,000.00) or imprisonment for one year, or both.
- Violation of posting requirements incurs a fine of One Thousand Pesos (P1,000.00) each for the School Head, Principal, and PTA President.
- Penalties are imposed without prejudice to administrative cases.
Severability Clause
- If any provision is declared invalid or unconstitutional, other sections shall remain effective.
Repealing Clause
- Existing inconsistent ordinances, resolutions, executive orders, and administrative issuances are repealed or modified accordingly.
Effectivity
- The ordinance takes effect fifteen (15) days after publication in a newspaper of general circulation.