Educational System Administration

During

President

Gloria

M.

Arroyo

Section 1. Short Title. - This Act shall be known as the "Governance of Basic Education Act of 2001." Section 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and promote the right of all citizens to quality basic education and to make such education accessible to all by providing all Filipino children a free and compulsory education in the elementary level and free education in the high school level. Such education shall also include alternative learning systems for out-of-school youth and adult learners. It shall be the goal of basic education to provide them with the skills, knowledge and values they need to become caring, seIf-reliant, productive and patriotic citizens. Section 3. Purposes and Objectives. - The purposes and objectives of this Act are: (a) To provide the framework for the governance of basic education which shall set the general directions for educational policies and standards and establish authority, accountability and responsibility for achieving higher learning outcomes; (b) To define the roles and responsibilities of and provide resources to, the field offices which shall implement educational programs, projects and services in communities they serve; (c) To make schools and learning centers the most important vehicle for the teaching and learning of national values and for developing in the Filipino learners love of country and pride in its rich heritage; (d) To ensure that schools and learning centers receive the kind of focused attention they deserve and that educational programs, projects and services take into account the interests of all members of the community; (e) To enable the schools and learning centers to reflect the values of the community by allowing teachers/learning facilitators and other staff to have the flexibility to serve the needs of all learners; (f) To encourage local initiatives for the improvement of schools and learning centers and to provide the means by which these improvements may be achieved and sustained; and (g) To establish schools and learning centers as facilities where schoolchildren are able to learn a range of core competencies prescribed for elementary and high school education programs or where the out-of-school youth and adult learners are provided alternative learning programs and receive accreditation for at least the equivalent of a high school education. CHAPTER GOVERNANCE OF BASIC EDUCATION Section 5. Principles of Shared Governance. - (a) Shared governance is a principle which recognizes that every unit in the education bureaucracy has a particular role, task and responsibility inherent in the office and for which it is principally accountable for outcomes; (b) The process of democratic consultation shall be observed in the decision-making process at appropriate levels. Feedback mechanisms shall be established to ensure coordination and open communication of the central office with the regional, division and school levels; (c) The principles of accountability and transparency shall be operationalized in the performance of functions and responsibilities at all levels; and

(d) The communication channels of field offices shall be strengthened to facilitate flow of information and expand linkages with other government agencies, local government units and nongovernmental organizations for effective governance. Section 6. Governance. - The Department of Education, Culture and Sports shall henceforth be called the Department of Education. It shall be vested with authority, accountability and responsibility for ensuring access to, promoting equity in, and improving the quality of basic education. Arts, culture and sports shall be as provided for in Sections 8 and 9 hereof. Section 7. Powers, Duties and Functions. - The Secretary of the Department of Education shall exercise overall authority and supervision over the operations of the Department. A. National Level In addition to his/her powers under existing laws, the Secretary of Education shall have authority, accountability and responsibility for the following: (1) Formulating national educational policies; (2) Formulating a national basic education plan; (3) Promulgating national educational Standards; (4) Monitoring and assessing national learning outcomes; (5) Undertaking national educational research and studies; (6) Enhancing the employment status, professional competence, welfare and working conditions of all personnel of the Department; and (7) Enhancing the total development of learners through local and national programs and/or projects. The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries whose assignments, duties and responsibilities shall be governed by law. There shall be at least one undersecretary and one assistant secretary who shall be career executive service officers chosen from among the staff of the Department. B. Regional Level There shall be as many regional offices as may be provided by law. Each regional office shall have a director, an assistant director and an office staff for program promotion and support, planning, administrative and fiscal services. C. Division Level A division shall consist of a province or a city which shall have a schools division superintendent, at least one assistant schools division superintendent and an office staff for programs promotion, planning, administrative, fiscal, legal, ancillary and other support services. D. Schools District Level Upon the recommendation of the schools division superintendents, the regional director may establish additional schools district within a schools division. School districts already existing at tile time of the passage of the law shall be maintained. A schools district shall have a schools district supervisor and an office staff for program promotion. E. School Level

There shall be a school head for all public elementary schools and public high schools or a cluster thereof. The establishment of integrated schools from existing public elementary and public high schools shall be encouraged. The school head, who may be assisted by an assistant school head, shall be both an instructional leader and administrative manager. The school head shall form a them with the school teachers/learning facilitators for delivery of quality educational programs, projects and services. A core of nonteaching staff shall handle the school's administrative, fiscal and auxiliary services. CHAPTER 2TRANSFER OF CULTURAL AGENCIES SEC. 8. Cultural Agencies. - The Komisyon ng Wikang Pilipino, National Historical Institute, Records Management and Archives Office and the National Library shall now be administratively attached to the National Commission for Culture and the Arts (NCCA) and no loner with the Department of Education. The program for school arts and culture shall remain part of the school curriculum.

ABOLITION OF THE BUREAU OF PHYSICAL EDUCATION AND SCHOOL SPORTS Section 9. Abolition of BPESS. - All functions, programs and activities of the Department of Education related to sports competition shall be transferred to the Philippine Sports Commission (PSC). The program for school sports and physical fitness shall remain part of the basic education curriculum. The Bureau of Physical Education and School Sports (BPESS) is hereby abolished. The personnel of the BPESS, presently detailed with the PSC, are hereby transferred to the PSC without loss of rank, including the plantilla positions they occupy. All other BPESS personnel shall be retained by the Department.

Presented by: LARRY T. OJALES