K to 12 LEGAL IMPLICATIONS & TRANSITION

CHALLENGES

Atty. Joseph Noel M. Estrada

K to 12

Launched October 5, 2010

Signed into Law May 15, 2013

IRR took effect September 23, 2013

DECLARATION OF POLICY

Article XIV, Section 2(1) of the 1987 Philippine Constitution

The State shall establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

SEC. 3. Basic Education. Basic education is intended to meet basic learning needs which provides the foundation on which subsequent learning can be based. It encompasses kindergarten, elementary and secondary education as well as alternative learning systems for out of-school learners and those with special needs.

Culled from Sec. 4(b) of REPUBLIC ACT NO. 9155, “GOVERNANCE OF BASIC EDUCATION, ACT”

ENHANCED BASIC EDUCATION

AT LEAST

one (1) year of kindergarten education

six (6) years of elementary education

six (6) years of secondary education

Secondary education includes:

four (4) years of junior high school, and

two (2) years of senior high school

THREE (3) STAGES IN BASIC EDUCATION

KINDERGARTEN EDUCATION

ELEMENTARY EDUCATION

SECONDARY EDUCATION

ENHANCED BASIC EDUCAITON

• R.A. 10157, “Kindergarten Act of 2012” – Institutionalization of Kindergarten Education.

• Elementary Education- compulsory; second stage; fixed at six years (no longer usually 6 or 7); entrants are typically 6 year olds

• Secondary Education- compulsory third stage; Junior HS and Senior HS; 14 and 16 year old entrants respectively

CHANGES INTRODUCED:

• Confirms the institutionalization of mandatory Kinder as part of basic education;

• Fixes Elementary education to 6 years;

• Basic Education now includes junior high school and senior high school; and

• Secondary education is made “compulsory”.

Compulsory Secondary Education?

Art. XIV, Constitution, Section 2. The State shall:

“Establish and maintain, a system of free public education in the elementary and high school levels. Without limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age;”

Secondary education refers to the third stage of compulsory basic education. -(Section 4, RA 10533)

“Compulsory Basic Education. It shall be compulsory for every parent or guardian or other persons having custody of any child to enroll such child in basic education, irrespective of learning delivery modes and systems, until its completion, as provided for by existing laws, rules, and regulations.” (Sec. 7, IRR)

Mandatory

vs.

Compulsory

Elementary Education Act of 1953

SECTION 5.It shall be compulsory for every parent or guardian or other person having custody of any child to enrol such child in a public school, the next school year following the seventh birthday of such child, and such child shall remain in school until the completion of an elementary education SUBJECT TO EXCEPTIONS.

By making secondary education compulsory, it creates an obligation that is legally demandable.

But whose primary obligation is it to provide elementary and secondary education?

•

Primary Obligation of Parents as part of civil obligation to send their children to school.

It is therefore compulsory for parents to keep their children in school as long as the government can provide free public schools, which now includes secondary education.

What is the penalty if a parent violates the compulsory secondary education?

Compulsoriness “in the nature of moral compulsion”

No Penalty provided.

• Revised Penal Code, Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents. — The penalty of arresto mayor and a fine xxx

• shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit.

Implication of Compulsory Secondary Education

• If at all, the implication of a compulsory secondary education in the K to 12 Law would be to ever highlight the government’s duty to provide enough schools and keep students in school; and reduce, if not completely eradicate, student dropouts.

NO TO MOTHER TONGUE!

YES TO MOTHER LANGUAGE!

Mother Language

Kinder and Grades 1-3 teaching materials shall be in native language

Grades 4-6- DepEd shall introduce mother language transition program introducing Filipino and English.

Mother Language – refers to the language/s first learned by the child, which he identifies with, used as a native language, knows best and uses most. Includes sign language of PWDs.

Native Language- traditional speech variety in the region, area, or place.

TRANSITION ISSUES AND CHALLENGES

Transition Period

• Section 32. Transition Period. The transition period shall be reckoned from the date of the approval of this IRR until the end of SY 2021-2022.

• It is humbly submitted, however, that the real transition period should be up to the time when the first batch of Kinder in SY 2012-2013 is expected to finish senior high school, which is after SY 2024-2025.

Projections

• 1.3M Grade 11 Students in SY 2016

• .3M Students from private junior hs

• No college freshmen in SY 2016-2017 and SY 2017-2018

• No college graduate in SY 2021-2022

Projections

• government would need to construct 57,100 classrooms

• retain the services of some 82,400 specialized teachers. These numbers could be reduced to about 35,700 and 51,600 respectively, contingent upon the willingness and capacity of private JHS and public and private HEIs to offer SHS.

Assumptions

• Majority of students from public HS will take the tech-voc and livelihood track in SHS, and a few will pursue Higher Education in SY 2018-2019

• Majority of students from private schools will take the academic track in SHS and pursue Higher Education in SY 2018-2019

K-12-16!

SMOOTH TRANSITION

SEC. 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall formulate the appropriate strategies and mechanisms needed to ensure smooth transition from the existing ten (10) year basic education cycle to the enhanced basic education (K to 12) cycle.

The strategies may cover changes in:

1) physical infrastructure,

2) manpower,

3) organizational and structural concerns,

4) bridging models linking grade 10 competencies and the entry requirements of new tertiary curricula, and

5) partnerships between the government and other entities.

I. Enhanced Basic Education System

II. Teacher Education and Training

III. Teacher Qualifications and Hiring

IV. E-GASTPE and Other Financial Arrangements

• SEC. 4. Enhanced Basic Education Program. – The enhanced basic education program encompasses at least one (1) year of kindergarten education, six (6) years of elementary education, and six (6) years of secondary education, in that sequence. Secondary education includes four (4) years of junior high school and two (2) years of senior high school education.

Elementary = 6 years

High School

Junior High School= 4 years

Senior high School= 2 years

_____________

• Total 12 years

Can schools adopt a different duration and sequence of basic education?

4-4-4= 12?

7-5=12?

4-2-2-4=12?

Schools are NOT ALLOWED TO DEVIATE from the order of sequence

and duration as provided by law.

Schools are allowed to adopt their own structure for monitoring learning

and teaching systems.

primary consideration: compliance with national educational policies,

plans, and standards (Sections 21-22, BP 232)

FINANCIAL ASSISTANCE AND ARRANGEMENTS

E-GASTPE

• SEC. 10. Expansion of E-GASTPE Beneficiaries. — The benefits accorded by Republic Act No. 8545, or the “Expanded Government Assistance to Students and Teachers in Private Education Act”, shall be extended to qualified students enrolled under the enhanced basic education.

• Section 22. Criteria for Assistance to Qualified Students. The programs of assistance shall be made available primarily to graduates of the junior high school program in public schools, Xxx.

• The programs of assistance may also be made available to students who completed junior high schools in private educational institutions, whether these students are E-GASTPE beneficiaries or not, subject to compliance with the qualifications and guidelines to be determined by the DepEd.

PROPOSED VOUCHER SYSTEM:

Empowering families to make the choice

Proposed Voucher Program

• DepED is proposing to implement a voucher-type subsidy for all eligible students enrolling in private high schools and public or private HEIs. The voucher program design is aligned with the GASTPE law which provides that the

subsidy value should not exceed the cost of public provision.

Student Eligibility.

• All Grade 10 graduates who have been enrolled in public JHS for at least the previous 2 academic years will automatically receive vouchers.

• Public school graduates from income deciles 1-7 will receive full voucher subsidy while students from deciles 8-10 will receive 80% of full voucher subsidy.

• Grade 10 graduates from private JHS who were ESC grantees will receive 70% of full voucher value automatically;

• other graduates from private JHSs or other non-DepED schools from income deciles 1-7 can apply for a voucher that will be worth 70% of full voucher value.

Participating Schools

• Section 24. Private educational institutions and non-DepEd public schools and other potential providers of basic learning needs that may be authorized to offer senior high school are eligible to participate in programs of assistance as may be applicable, under the E-GASTPE program and other financial arrangements formulated by the DepEd and DBM

Provider Eligibility.

All licensed non-DepED SHSs can redeem vouchers.

All licensed JHS and HEIs who apply before a given deadline will automatically be given a SHS license which is renewable based on school performance. Vouchers can be redeemed in any region and the value is determined by the location of the non-DepED SHS

Top-Ups

Non-DepED providers will be allowed to charge a top-up in cases where voucher subsidy is less that the tuition they normally charge.

Studies show that cost sharing by households encourages better performance from families, students and schools.

LGU and Industry Share

To mitigate the impact on the least affluent students, DepED will develop mechanisms that will allow Local Government Units and industry to share the top-up burden.

• Can DepEd enter into other arrangements with existing SUCs and LCUs in the delivery of SHS?

• Yes, as long as the involvement of SUCs ad LCUs does not contribute to the negative financial impact to private educational institutions.

Section 12. Transitory Provision

To manage the initial implementation of the enhanced basic education program and mitigate the expected multi-year low enrolment turnout for HEIs and Technical Vocational Institutions (TVIs) starting School Year20 16-2017, the DepED shall engage in partnerships with HEIs and TVIs for the utilization of the latter’s human and physical resources. Xxx.

Other Transition Challenges & Issues

• Section 15. Issuance and Revocation of Permits and/or Recognition of Private Senior High Schools. Xxx Private educational institutions may only offer senior high school when so authorized by the DepEd. The DepEd shall prescribe the guidelines on the issuance and revocation of permits and/or recognition of senior high schools.

• Notwithstanding the apparent lack of legal mandate or compulsion to offer the Senior High School Program, a deep sense of social and moral responsibility will be enough reason for the school to offer it. And besides, it would be awkward for a school to present itself as a High School without the senior high school program from which students will finish or graduate secondary education.

• In as much as the K to 12 Law fixes the secondary education to six years, which includes a Senior High School, all existing private schools with basic education must eventually be able to offer Senior High School.

College Readiness

• SEC. 12. Transitory Provisions. — The DepED, the CHED and the TESDA shall formulate the appropriate strategies and mechanisms needed to ensure smooth transition from the existing ten (10) years basic education cycle to the enhanced basic education (K to 12) cycle. The strategies may cover xxx bridging models linking grade 10 competencies and the entry requirements of new tertiary curricula, xxx.

The Academic track will prepare students in four “strands.”

These are (i) General Education; (ii) Science, Technology, Engineering, and Mathematics; (iii) Humanities, Education, and Social Sciences; or (iv) Business Administration Management

63 to 36

• The New General Education Curriculum (GEC) is a total of 36 units broken down as follows:

24 units of core courses

9 units of and elective courses

3 units of Life and Works of Rizal (Mandated by Law )

Will College years be shortened?

Technical Panels decide.

Decision is discipline based not across the board.

• Lack of College graduates and professionals in SY 2021-2022.

• Committee to discuss mitigation plans of other implications of SHS to industry and workforce.

• Section 18. Repealing Clause. — Pertinent provisions of Batas Pambansa Blg. 232 or the “Education Act of 1982″, Republic Act No. 9155 or the “Governance of Basic Education Act of 2001″, Republic Act No. 9258, Republic Act No. 7836, and all other laws, decrees, executive orders and rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

• these specific statutes, as well as all other laws, decrees, executive orders and rules and regulations, are repealed or modified only insofar as their provisions are contrary to or inconsistent with the provisions of the K to 12 Law. Succinctly put, those prior laws are still good laws as long as these are not in conflict or do not run counter to the K to 12 Law.

K-12 Labor

Transition Issues

Affecting PEIs

Teacher Education and Training

• Current DepEd teachers;

• Teachers in the private schools

• New teachers or graduates of the current teacher education curriculum;

• Superintendents;

• Principals;

• Subject area coordinators;

• Instructional school leaders;

• ALS coordinators, instructional managers and learning facilitators.

• In-Service Training

• Pre-service Training of Graduates

–CMO 30, Series of 2004, or

–CHED Memorandum Order No. 52, series of 2007,

–or earlier versions of the curriculum.

Purpose of Teacher education & training programs:

Ensure that the enhanced basic education program meets the demand for quality teachers

This mandate is directed to Teacher Education Institutes (TEIs) covered by CHED Memorandum Order Nos. 30, Series of 2004, and 52, Series of 2007, and includes all other entities that may hereafter be allowed by DepEd and CHED to educate and train teachers.

Who gives the INSET and PRE-SET?

1) TEIs

2) Acting TEIs (Also known as D.R.O.A.T.S.)

• “Duly recognized organizations acting as TEIs, in coordination with the DepEd, CHED and other relevant stakeholders, shall ensure that the curriculum of these organizations meet the necessary quality standards for trained teachers.”

D.R.O.A.T.S.

The term “duly recognized organizations acting as TEIs” refers to organizations, other than schools or HEIs, contracted out by the DepEd during the transition and for a fixed period, to provide teacher training for purposes of retooling the graduates of the Teacher Education curriculum, and only in such areas where there is a shortage of trained teachers. (Sec. 12.2 of the IRR)

D.R.O.A.T.S.

√ RETOOL

√ TRAIN

× GRANT DEGREES

Temporary Nature

It is apparent that these organizations’ role in training new teachers might

diminish or become unnecessary once existing TEIs or HEIs have aligned their Teacher Education curriculum with the enhanced basic education curriculum

under the K-12 Law.

Teacher Qualifications & Hiring

Who are qualified to teach in SECONDARY

EDUCATION?

1. Graduates of Science, Math, etc.

2. Graduates of Tech-Voc Courses

3. Faculty of HEIs

4. Experts

1) Graduates of Science, Math,etc.

• Shortage of LET Passers

• Pass the LET within 5 years from date of HIRING

– Condition survives the transition period

– EXCEPT: Part-Time Teachers

• NEW HIRES not FACULTY

• Teach in Elementary & Secondary Education

1) Graduates of Science, Math,etc.

• Term “Graduates” includes volunteers from Foundations

–Condition to pass the LET within 5 years from hiring applies

–Except for Part-Time Volunteers

“Qualified LET applicants shall also include graduates admitted by foundations duly recognized for their expertise in the education sector and who satisfactorily complete the requirements set by these organizations”

Foundations as alternative source of qualified teachers

FOUNDATIONS?

• The term “foundations,” as used in this section, refers to non-profit organizations, which are not operating as educational institutions, contracted out by the DepEd for a fixed period, to provide volunteers to teach in basic education in areas where there is a shortage of qualified teachers.

Technical Vocational Teachers

• (b) Graduates of technical-vocational courses to teach in their specialized subjects in the secondary education: Provided, That these graduates possess the necessary certification issued by the TESDA:

2.Graduates of Tech-Voc

• May be hired even without shortage

• No LET requirement, whether part-time or full-time

• No Academic Requirement.

• Certificate from TESDA is required.

• Must undergo INSET for New Teachers.

• Teach specialized subjects

2.Graduates of Tech-Voc

• Phil. TVET Trainers Qualification and Certification System

• PQF under E.O. 83 must be harmonized with K to 12

2.Graduates of Tech-Voc

• To attain the appropriate National TVET Trainer Certificate (NTTC) Level I or II, the following are required:

• 1) Acquire the NC Level of the qualification appropriate in the training program being handled but not lower than NC II;

• 2) Acquire the Trainers Methodology Certificate (TMC) I or II.

3.Faculty of HEIs

• No LET Requirement

• Academic Requirement:

Bachelor’s Degree

• Full-time

• To teach in SECONDARY EDUCATION

Faculty of HEIs

• No Master’s Degree Requirement?

• Must be read in harmony with minimum academic requirements of CHED for faculty.

Faculty of HEIs

• CHED has the power to administer, supervise, and to a certain extent regulate higher education institutions. The power to prescribe the minimum standards for programs and institutions of higher learning necessarily includes prescribing the minimum academic qualifications of faculty and other academic personnel.

4) Experts & Practitioners

• No LET

• No MA

• No teaching experience

• Part-Time

• Qualified as an Expert

• To teach in Secondary Education

OTHER IMPLICATIONS TO LABOR AND MANAGEMENT

• Section 31. Labor and Management Rights. In the implementation of the Act, including the transition period, the rights of labor xxx as well as the prerogatives of management, shall be respected. The DOLE, DepEd, CHED and TESDA shall promulgate xxx joint administrative issuance, within sixty (60) days from the effectivity of this IRR xxx.

ACADEMIC RANK AND COMPENSATION:

• JUNIOR HIGH SCHOOL RATE

• SENIOR HIGH SCHOOL RATE

• HIGHER EDUCATION RATE

LABOR CODE

SHOULD NOT BE CONSTRUED AS VIOLATIVE OF

ART. 100. PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS.

Academic Status of Faculty to teach in Secondary Education

• Art. 36 MORPHEI

• Institutional Policies

• Mobility of Faculty

• DOLE-DECS-CHED-TESDA Order No. 1, Series of 1996 (Joint Order of 1996) provides for the definition of full-time and part time academic personnel. It reads:

– Full-time academic personnel are those meeting all the following requirements:

• 1. Who possess at least the minimum academic qualifications prescribed by the Department of Education, Culture and Sports for Basic Education, the Commission on Higher Education for Tertiary Education and the Technical Education and Skills Development Authority for Technical and Vocational Education under their respective Manual of Regulations governing said personnel;

• 2. Who are paid monthly or hourly based on the normal or regular teaching loads as provided for in the policies, rules and standards of the agency concerned;

• 3. Whose regular working day of not more than eight (8) hours a day is devoted to the school;

• 4. Who have no other remunerative occupation elsewhere requiring regular hours of work that will conflict with the working hours in the school and;

• 5. Who are not teaching full-time in any other educational institution.

• All teaching or academic personnel who do not meet the foregoing qualifications are considered part time and are therefore not eligible for regularization regardless of the number of years served in the educational institution.”

Diminution in Pay?

• Change of Assignment/New curriculum

• De-Loading of Full-time Faculty

Tests to Apply

Inherent Management Prerogative?

Proprietary Right of the School?

Vs.

Entitlements enforceable/demandable obligation against the school?

Exodus of faculty to other industries or to public schools will likely cause many

private HEIs to close.

LET IT BE KNOWN:

HEIs need to keep their qualified faculty because it would cost them more to lay

them off.

“Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek.” -Barack Obama

“If you are not ready today, you will be even less so tomorrow.” -Ovid

Unofficial Survey:

Why do we need K-12?

Tourism Sec. Jimenez:

“IT’S MORE FUN in the Philippines.”

“Sa K to 12 , may choice ka.”

“Those who authored

the K to 12 Law

should all commit

harakiri”.

“Wala pa akong

experience dyan.

Aaralin ko pa.”

“I will explain

at the proper time.”

“We need K to 12

to accelerate

disbursements.

It is not pork.”

“Hindi ko po alam.”

“Basic Education in

the PHL is very disorganized.”

“He doesn’t know what he is talking about.”

“We need to catch up with the rest of the world.” -Sec. Br. Armin Luistro, FSC

“We need to catch up with the rest of the world.”

-Tito Sen

QUESTIONS?

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