The National Student Handbook - 1st Edition

i

The National Student Handbook – First Edition Copyright © 2014 By National Anti-Poverty Commission Youth and Students Sector Term 2011 – 2014

Published by National Anti-Poverty Commission National Anti-Poverty Commission Head Office LWUA Complex, Training Center Building, Balara Quezon City 1101 Philippines Tel. No.: (02) 426-5028 Email: [email protected] Websites: www.antipovertyyouth.wordpress.com / www.napc.gov.ph

The National Student Handbook Project Team Project Managers Heart Dino Alvin Quintans Writers / Researchers Marlon Cornelio Amiel Ayson Frazdic Sta. Ana Rafaela David Bea Reyno Layout Design Ruevin Serrano Nico Macabuhay Project Coordinator Alcariza Peregrino

 All rights reserved.  Not for commercial use. Reproduction of this handbook may be permissible after due approval of the publisher and the writers.

ii

First Edition

iii

The National Student Handbook is a project of the National Anti-Poverty Commission, together with the leading government education agencies. It aims to provide an up to date and quick references for students on relevant rules and regulations, and legislations pertaining to students’ rights and welfare. It aims to empower students in asserting, promoting and protecting their rights.

It provides a set of guidelines for secondary and tertiary students on their rights and welfare, in accordance with the memoranda issued by the regulatory bodies such as the Commission on Higher Education, Department of Education, and the Technical Education for Skills Development Authority. It also tackles students’ rights rig hts and welfare according to existing Philippine laws.

The National Student Handbook seeks to address the fragmented rules in regulations governing the different education institutions, which in turn results to school student handbooks that are against student’s s tudent’s rights and welfare. It is a step forward in reviewing these regulations towards coming up with a national students handbook.

iv

The development and production of this Handbook is realized with the support and cooperation of the Commission on Higher Education (CHED), Department of Education (DepEd) and Technical Education and Skills Development Authority (TESDA).

The Commission on Human Rights (CHR) –  (CHR)  –  CHR   CHR provided assistance in the review of existing laws such as the Magna Carta for Women, Campus Journalism Act, the Anti-Hazing Act, among others, to come up with a comprehensive review of legally protected rights of students inside and outside of the campus. The partnership with CHR is further more instrumental in tackling and redressing of cases of student’s rights violations. The National Youth Commission (NYC)  –   The NYC, as an advocate of the youth, provided support for the production and distribution distrib ution of the National Student Handbook. The NYC has taken on the role of collecting cases and facilitating prompt actions on student’s rights violations.

Aside from government agencies, the Student’s Rights and Welfare Coalition, convened by the Youth and Student Sector of NAPC, has been instrumental in collecting and documentation of cases of student’s rights violations. Youth and students through this Coalition are main stakeholders of the National Student Handbook.

v

Awareness of your rights as students enables you to move forward common advocacies for the youth and for the entire nation. The National Anti-Poverty Commission (NAPC) encourages young Filipinos to actively participate in the affairs of the country —  country — in in developing and formulating policies for social reform. I commend the Youth and Students Sectoral Council and other agencies for producing this National Student Handbook that will serve as a guide to laws about the rights and welfare of students.

“Let us continue to empower the young generation and contri bute in building our nation.”

Jose Jose E l i seo Rocamor a 

Secretary and Lead Convenor 

vi

Hundreds of thousands of Filipino students today contend with their economic situation simply to get through higher education. Inside the schools they have to contend with violation of students’ rights and welfare. The National Student Handbook aims to equip you, young Filipinos, in knowing and protecting your rights as students. The Youth and Student Sector of the National Anti-Poverty Commission recognizes the empowerment and participation of youth and student as crucial to the fight against poverty. Therefore young people’s awareness and consciousness of their rights and liberties are crucial to meaningful  participation.  participation.

Padayon! Gibby Gi bby Gorr Gor r es 

Sectoral Representative

vii

The National Student Handbook is a collaborative work that we at the  NYC are proud of. It is a guide that aims to educate educate students about their rights and safeguard your welfare more importantly to enable you to exercise your responsibilities as the youth of our motherland. You are now taking the helms of society and shaping it as far as you can imagine. This handbook is a manifestation of our shared vision of inclusive youth development and a call to action towards an empowered youth sector.

Mabuhay ang kabataang Pilipino! Gregorio Ramon ‘Gio’ Tingson Chairperson

viii

We at the Commission on Human Rights endorse this handbook, which we consider a timely and extremely useful tool in the struggle to uphold the human rights of all students. Everyone has a right to education, according to article 26 of the Universal Declaration of Human Rights. The International Convention on Economic, Social and Cultural Rights and a host of other treaties recognize education as fundamental to the attainment of a life of dignity. Education empowers and lifts marginalized groups out of poverty and exclusion. It is a right that paves the way for the enjoyment of all other ot her rights. In the language of international human rights law, education contributes to the full development of the human person. Within the educational system discriminatory actions  –  whether   whether of the State or  by private persons –  persons  –  negate  negate the right to education and render academic freedom illusory for victims. Too often we have seen dissenting students and teachers locked out of school campuses or worse, dismissed in violation of their rights. By compiling and annotating all pertinent regulations that enforce the right to education, the authors of this handbook have developed a very potent weapon to combat human rights violations. The CHR is a proud partner of the National Anti-Poverty Anti-Poverty Commission (NAPC) and all student’s rights and welfare (STRAW) advocates in this initiative.

L ore or etta A nn P. Ros Rosales Chair per per son, CH R 

ix

I. Chapter 1: (Page 1) Rules and Regulations on Common Student Rights Violations

II. Chapter 2 (Page 21) Department Rules and Regulations

-

DepEd Regulations Regulations (Page 22)

-

TESDA Regulations (Page 35)

-

CHED Regulations (Page 55)

III. Chapter 3. Other Pertinent Laws (Page 73) -

The Campus Journalism Act (Page 74)

-

The Higher Education Modernization Act (Page 75)

-

The Anti Hazing Law (Page 78)

-

The Magna Carta of Women (Page 80)

IV. Chapter 4: The Students Rights and Welfare (STRAW) (Page 84) x

Rules and Regulations on Common Student Rights Violations

This section outlines the relevant provisions for common student rights violations as reported by students and reported in media. The section is organized organized according to the following key issues:

-

admission and enrollment

-

tuition and other fee increases

-

student discipline

-

student rights

-

student records

-  bullying and and hazing; hazing; and -

graduation

A quick reference to agencies contact details in case of complaints and inquiries is also provided. The detailed guidelines for each of the education agencies of government are provided in another section for reference.

1

 ADMISSION AND ENROLLMENT ENROLLMENT

Is Boy/Girl Scout Membership Fee a requirement?  No. School contributions contributions or membership fees such as Boy/Girl Scouts, Philippine National Red Cross, Anti-TB fund, school publication fee, and Parents Teachers Association fee, among others are considered voluntary contributions. Furthermore, not paying these fees should never

2

 be a basis for non-admission, non-promotion, non-promotion, or non-issuance of clearance, including withholding of report cards to a student. If any school employee is found coercing contributions to students, a formal complaint must be addressed to DepEd.

If a female faculty or student is pregnant, should she be expelled or not re-admitted to the school?  No. According According to RA 9710 or the Magna Carta of Women, expulsion and non-readmission due to pregnancy of a female faculty and student (outside of marriage) is illegal and intolerable.

Is no permit, no exam legal?  No. The policy is illegal. A student who has outstanding outstanding and property obligations, including unpaid tuition and other school fees, shall not be denied to take final examinations. Affected students may undertake a Promisory Note, guaranteed by parents and subject further to the right of the school to withhold the release or issuance of their school clearance  prior to graduation graduation until all prior accountabilities accountabilities are fully settled. Thus, the final grades should be duly recorded and submitted to the Registrar with the final grades of the rest of the students in the prescribed form. (CMO No. 02, s. 2010)

What are the rules on tuition and other fee increases? There shall be appropriate consultations with students and parents on  proposed increase in the rate of tuition fee. Furthermore, Furthermore, no increase in tuition or other school fees shall be approved unless 70% of the  proceeds  proceeds are allocated for increase increase in salaries of teachers and other school employees, student assistance and extension services. (D.O. No. 88, S-2010; CHED Memo No. 3-2012)

3

Tuition and other Fee Increase Tuition and other fee increase (TOFI) are not applicable to  public schools because accessing education in such institutions is free. For the case of private schools, there should be proper consultations with students and parents on proposals to increase tuition fee and other school fees. The increase shall be filled and approved by the DepEd Regional Director. The TOFI may be approved provided that 70% of the  proceeds  proceeds are allocated to the salary increase of teachers and other school personnel, student assistance and extension services. There should be proper consultations with students and  parents on proposals proposals to increase increase TOFI. The TOFI may be approved provided that 70% of the  proceeds  proceeds are allocated to the salary increase of teachers and other school personnel, student assistance and extension services. The TESDA Board Resolution No. 98-12 provides the General Guidelines on the Regulation of Increases in Tuition Fees in All Technical-Vocational Programs Offered by Private Post-Secondary TVET Institutions. (2001 TESDA Manual of Policies and Guidelines) (Sec 103, TESDA) Tuition and other fees for the current school year should always be posted on school bulletin boards and/or displayed in appropriate locations in the campus.

4

5

Student Discipline All forms of punishment that induce physical pain is not allowed and not tolerated. Furthermore, DepEd’s Child Protection Policy prohibits school officials and  personnel to impose corporal punishment defined as, “a kind of punishment or penalty imposed for an alleged or actual offense, which is carried out or inflicted, for the purpose of discipline, training or control, by a teacher, school administrator, an adult, or any other child who has been given or has assumed authority or responsibility for punishment or discipline.” discipline.”  No disciplinary sanctions shall be imposed upon any student except for valid causes as defined in the school rules and regulations. A school official or personnel has the right to impose appropriate and reasonable disciplinary measures for minor offenses or violations of good discipline committed in their presence, provided, that no cruel or physically harmful punishment shall be imposed upon any erring student. (CHED D.O. No. 40, S 2008) School officials and academic personnel have the right to impose appropriate and reasonable disciplinary measures in case of minor offenses or violation of good school discipline committed in their  presence.  presence. However, However, no cruel or physically harmful  punishment shall be imposed or applied against any student.( 2001 TESDA Manual of Policies and Guidelines)

6

The following are forms of corporal punishment: -

-

-

-

-

-

-

Blows to any part of a child’s body, such as beating; kicking; hitting; slapping; lashing; with or without the use of an instrument such as a cane, shoes, broom, stick, whip or belt. Pinching; pulling ears or hair; shaking; twisting joints; cutting and shaving hair; cutting or piercing skin; carrying, dragging or throwing a child. Verbally abusing, scolding, yelling, swearing, ridiculing or denigrating Forcing a child, through the use of power, authority or threats, to  perform physically painful or damaging acts, such as holding a weight or weights for an extended period; kneeling on stones, salt or pebbles; squatting; standing or sitting in a contorted position. Deliberately neglecting a child’s physical needs, where this is intended as punishment. Using external substances, such as burning or freezing materials, water, smoke, pepper, alcohol, excrement or urine. Forcing a child to perform hazardous tasks as punishment or for the purpose of discipline, including those that are beyond a child’s strength or bringing him or her into contact contact with dangerous or unhygienic substances; such tasks include sweeping or digging in the hot sun or rain; using bleach or insecticides; unprotected cleaning of toilets. Confining a child in a contained or enclosed space, confinement, including being shut in a confined space or material, tied up, or forced to remain in one place for an extended period of time. Any threat of physical ph ysical punishment. punishment. Any other physical act perpetrated on a child’s body, for the  purpose of punishment punishment or discipline, discipline, intended intended to cause some some degree of pain or discomfort, however light; Verbally assaulting, assaulting, threatening or intimidating a child. Making a child look or feel foolish in front of one’s peers or the  public; and

7

-

Other acts or words belittling, humiliating, blaming, ignoring or isolating the child.

Cases of cruel and physically-harmful physically-harmful punishments that not allowed and tolerated: -

Grade 1 student was forced to eat a piece of paper for being noisy in class in Aklan.

-

Student was jabbed twice by the school principal for breaking a window.

-

Student was forced to swallow a stone for being noisy in North Cotabato.

-

Student was slapped by teacher in Pangasinan.

What are the administrative actions and proceedings for student discipline - for all levels? An administrative action against a student may be filed in the case of a violation of disciplinary rules and regulations. The minimum standards of due process prescribed herein as follows: 1. The student must be informed in writing of the nature and cause of any accusation against him, and required to answer the accusation in writing. If the student is a minor, the parent or the guardian shall be furnished with a copy of show cause letter;

8

2. If the student denies the accusation or alleges some fact or matter in justification o mitigation of the offense, the institution shall form a fact-finding committee to hear and receive evidence; 3. In all stages of the proceedings, the student shall have the right to assistance of a counsel of his own choice; 4. The student shall have the right to listen to, and examine the evidence presented against him, to ask clarificatory questions through the fact-finding committee, and to present evidence on his behalf; 5. The fact-finding committee must consider the pieces of evidence  presented,  presented, and receive receive the proceedings; proceedings; 6. The student shall be informed in writing of the decision  promulgated  promulgated in his case; case; and,

7. If the student is found culpable for the offense charged, the  punishment imposed shall be commensurate with the nature and gravity of the offense. (CHED D.O. No. 40, S 2008)

What are the procedures for handling child abuse, exploitation, violence and discrimination cases? DepEd’s  DepEd’s  Child Protection Policy outlines procedures in handling child abuse, exploitation, violence, and discrimination cases:

1. Expeditious conduct of investigation and reporting of cases 2. School Head or the Schools Division Superintendent shall forward the complaint within 48 hours to the Disciplining 9

Authority, who shall issue an Order for the conduct of a factfinding investigation, investigation, not later than 72 hours from submission;

3. If the person complained of is a non-teaching personnel, the Schools Division Superintendent shall cause the conduct of a fact-finding investigation within the same period;4. Criminal and civil liability shall not be a bar to the filing of an administrative case; 4. The Revised Rules of Procedure of DepED in Administrative Cases shall apply in all other aspects; 5. The identity or other information that may reasonably identify the pupil or student shall remain confidential; confidential; and \ 6. The identity of a respondent-teacher shall likewise be kept confidential. confidential. (DepEd D.O. No. 88, S-2010),

10

Is wearing uniform required inside campus? All public school students are not required to wear uniforms inside the campus. However, proper school attire is required under DepEd Order No. 46, s. 2008. The following are the prescribed proper school attire in the latter order: Polo shirt or t-shirt with sleeves and trousers for males; dresses, skirt and blouse or blouse and trousers for females. Furthermore, wearing IDs is mandatory mandatory inside campus. Since private schools are autonomous, they are accorded with the discretion to issue uniforms or other proper school attire, as well as wearing IDs. In the tertiary level state-run universities, uniforms are not required. However, private sectarian and nonsectarian universities and colleges may issue its students  prescribed  prescribed uniform or school attire in compliance compliance with school policies. TVET schools usually prescribe a proper dress code for its students in compliance with school policies.

Is there a policy for a haircut rule?  None. While most public and private schools strictly enforce a  prescribed  prescribed haircut for both male and female students, there is no actual  policy or memo from educational educational institutions such as DepEd and CHED legitimizing this haircut rule. Although the rationale for the haircut rule is for proper discipline and grooming, there are instances in which a

11

school personnel subject students to corporal punishments. With that  being said, said, students’ rights rights and welfare are sometimes violated.

Is proper grooming necessary inside campus? Yes. Since schools are centers for learning and growing, one of the values it aims to teach students is proper grooming, especially inside campus. Students are asked to be presentable at the very least when going to school to show respect, uniformity, and courtesy. In private schools, these rules and regulations are strictly imposed and there are instances in which school personnel subject students to corporal  punishments. Through Through this, students’ rights and welfare are violated.

What are the rights of a student? To be respected in his/her rights, and to be reasonably and fairly treated as a student and as a person consistent with human dignity; To form, join, or lead student organizations or associations that may be recognized or authorized to operate by the school; To due process to be formally informed of any complaints against him/her, to be heard by himself/herself or counsel, to present evidence for his/her defense, to confront and cross-examine witnesses, to be informed of the decision on his/her case, and to appeal the decision to proper authorities, when appropriate. To be compensated or helped from grievances against any wrong or injustice committed against him by any member of the academic community in accordance with the defined channels of authority therein.

12

In order for student life in school to be enjoyable, opportunities and exposure that may enhance personal development and certain benefits and privileges are  provided such such as: - Membership in student organizations such as drama clubs, technology clubs, etc. -  participation  participation in school publication publication -  provision of health health care - scholarship -  participation  participation in athletic meets meets - field trips - student insurance - use of school facilities - student paid labor participation in special projects like income-generating projects.

What is freedom of religion? The Philippine Constitution guarantees the rights of citizens to freedom of religion and non-discrimination on the basis of sex, religion, creed, or color. DepEd reinforces its policy of respecting the religious rights of students (see DepEd Order 32 s. 2013: Reiterating DECS Order No 53 s. 2001  –   Strengthening the Protection of Religious Rights of Students). Moreover in the case of private sectarian schools, any teaching and nonteaching school official cannot force any student from other religion to  join in activities activities that is not in accorda accordance nce with their religious religious beliefs. beliefs.

What is right to student publication? Student pu blications should serve as the students’ medium in expressing their sentiments and opinions on matters that affect the Filipino public and their respective academic lives. The free and unhampered flow of ideas and information in the campus shall encourage the members of the

13

community in general to be more analytical and logical in their appreciation of facts, events and circumstances affecting them, directly or indirectly.

What is right to student organization? The State recognizes the existence of student councils/ governments as a tool of representation of students to other stakeholders such as the school administration, PTA, nearby communities, among others. As an entity created to serve as the voice and ears of students, there are no restrictions on the exercise of students’ rights other than provisions stated in certain laws which are necessary in the creation of a democratic society, in the in the interest of national security or public safety, public order, the  protection  protection of public health or morals and the protection of the rights and freedoms of others.

What are the provisions in withholding student records? The high education institution (HEI) has the right to withhold the release of transfer credentials or student records of a student who has outstanding financial and  property obligations to the HEI or is under the penalty of suspension or expulsion. When the student settles the dues or the penalty of suspension is served or lifted, the transfer credentials or student records shall be released accordingly.

In the case that the HEI, after thorough investigation, is found to have unjustifiably refused to release the said school records or transfer credentials, CHED can intervene

14

and order the immediate release of the said records, and may impose sanctions on the HEI. . The release of the transfer credentials or student records may be withheld for reasons of suspension, expulsion or non-payment of financial obligations or property responsibilities of the student to the school. The credentials shall be released as soon as his/her obligations have been settled or the penalty of suspension or expulsion is lifted. However, if, after thorough investigation, the school is found to have unjustifiably refused to issue transfer credentials and other student records, TESDA may issue the same without prejudice to the imposition of appropriate administrative sanctions against the school concerned.

15

Bullying and Hazing

How is bullying handled in schools? DepEd requires every school to have a Child Protection (Anti-bullying) Committee which will handle bullying cases. The committee shall be composed composed of the following: 1. School Head/Administrator –  Head/Administrator  –  Chairperson  Chairperson 2. Guidance Counselor/Teacher –  Counselor/Teacher  –  Vice  Vice Chairperson

16

3. Teachers’ Representative Representati ve as designated by the Faculty Club 4. Parents’ Representative as designated by the Parents - Teachers Association 5. Student Representative as designated by the Supreme Student Council 6. Community Representative as designated by the Punong Barangay All bullying cases should be settled in the School and shall not be  brought on Barangay-level. Barangay-level. Pursuant to Republic Act No. 10627 or the Anti-Bullying Act of 2013, the Department of Education has issued the Implementing Rules and Regulations (13 December 2013).

What is hazing? Hazing, is defined by  RA No. 8049 or the Philippine Anti-Hazing Law, Law, as “initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or  psychological  psychological suffering or injury.” Hazing is declared illegal and intolerable, whether conducted inside or outside campus premises. Hazing is punishable by the law and may subject suspects to expulsion from the school.

17

Graduation

What are the provisions on Mandatory enrollment in review center? The RA 10609 or the Protection of Students’ S tudents’ Rights to Enroll in Review Centers Act of 2012 defends students from being forced by the school of the following cases:

18

1. Enrollment in review center which are not the students’ personal choice. 2. Enrollment in review center as graduation/completion of the course.

a

pre-requisite

for

3. Forced payment of corresponding fees including transportation,  board and and lodging, and withholding of of student records to enroll in a review centered imposed by the school. Schools and school personnel violating this Act can be subjected to 6 months to 6 years in prison and a fine of Php. 750,000. Furthermore, the  personnel  personnel shall be suspended from his office and revoked of professional professional license. CHED is given the authority to impose sanctions against the school and its officials.

CONTACT DETAILS

Call: DETxt hotlines (02) 6361663 and (02) 6331942 or E-mail: [email protected] [email protected]..

Higher Education Development Building C.P. Garcia Avenue, UP Campus, Diliman, Quezon City 1101 Trunklines: (+632) 441-0927 (+632) 441-1257 (+632) 441-1258 (+632) 441-1260 (+632) 441-1261 (+632) 441-1404 CHED Hotine: (632) 4411216

Center

(HEDC)

19

Tel. No : (632) 887-7777 Send Text to 0917-4794370 (Globe) Email: [email protected] Email: [email protected]

20

Department Rules and Regulations Department of Education Policy Guidelines Overview of DepEd and its Mandate The Department of Education (DepEd) is the agency that formulates, implements, and coordinates policies, plans, programs and projects in the areas of formal and non-formal basic education. Established through Education Decree of 1863, the Department was eventually mandated through Republic Act 9155, otherwise known as the Governance of Basic Education Act of 2001. The Department supervises all elementary and secondary education institutions, including alternative learning systems, both public and  private; and provides for the establishment establishment and maintenance maintenance of a complete, adequate, and integrated system of basic education relevant to the goals of national development. The pertinent rules and regulations highlighted below are based on 2010 DepEd Manual of Regulations for Private Schools (D.O. No. 88, S2010), and other DepEd Orders, as will be indicated.

21

What is the hand of DepEd on private schools? The Department of Education has the power to regulate private schools. For private schools to be recognized, they are required to comply with the minimum requirements set in the 2010 Revised Manual of Regulations for Private Schools in basic Education. However, schools may choose to adopt higher standards that must be consistent with laws.

Where do general students' rights come from? • Student rights are established and protected by various sources, such as the Philippine Constitution, laws, and even international agreements. • As stated in Sec. 1, Art. XIV of the Philippine Constitution, the State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all. • This means that the State encourages various learning systems  particularly  particularly those that respond to the needs of the community and the  people.

22

Who can be accepted to schools? For Public Schools

For Private Schools

Since the State is mandated to  provide free and compulsory  basic education to its citizens,  public schools admit any Filipino student regardless of their sex, creed, socio-economic status, race or ethnicity, and/or political affiliation.

Sec. 117 of D.O. No. 88, S2010 states that every student has the right to enroll in any private school upon meeting its specific standards or reasonable regulations as well as the requirements prescribed by law or regulation.

Exceptions: However, However, if due to a limited space In cases of academic delinquency in a public school, the student and/or shall be referred to other public schools preferably within the Violation of disciplinary regulations vicinity of the community or even to a private school under the However, the student must still be Educational Service Contracting allowed enroll for the entire period System. Admission to central and he is expected to complete his schools and schools identified as course without any hindrance to his leader schools, schools, science or science right to transfer. and technology schools shall be  based on established criteria (D.I. Sec. 119 of the same manual states  No. 47, s. 1998). that no pupil or student shall be officially enrolled unless he presents Sec. 6 of RA 6655 also says that the proper school credentials on or admission may be denied when a  before the end of the enrollment enrollment student fails for two consecutive  period for the school term. A pupil school years in the majority of the or student is deemed officially student's subjects unless such a enrolled after he has submitted his

23

failure is due to some valid cause. appropriate appropriate admission or transfer documents, has made an initial  payment of school fees which has  been accepted by the school, and has  been allowed to attend classes in the school.

What is the usual procedure for schools to increase tuition? For Public Schools

For Private Schools

Tuition rate increase is not applicable to public schools, basic and secondary because accessing education in these institutions is free. (RA 6655 and RA 9155)

In any proposed tuition rate increase, there must be appropriate consultations conducted by the school administration with the student government and with the  parents of the students. That no increase in tuition or other school

24

fees or charges will be approved unless 70% of the proceeds is allocated for an increase in the salaries of faculty members and all other employees of the school.

What are the allowed disciplinary measures? For Public Schools

For Private Schools

In public schools, both school officials and teachers have the right to impose appropriate and reasonable disciplinary measures in case of minor offenses or infractions of good discipline. However, no cruel or physically harmful punishment shall be imposed or applied against any student.

Under Student Discipline, the administration of each private school shall be responsible for the maintenance of good discipline among students but PHYSICALLY HARMFUL PUNISHMENT is disallowed. No disciplinary sanction shall be imposed on any student except for valid causes as defined in school rules and regulations. All this should follow The method commonly used  proper due process as provided in to enforce the discipline in the this Manual. institution has methods like  preventive  preventive suspensions, Each private school shall suspensions, and expulsions. It is have the authority to create and also ensured that in any enforce reasonable rules and administrative case or grievance regulations, as it may deem that may be filed within the necessary to maintain an institution, proper due process atmosphere of good discipline, would be observed at all times. which shall be effective immediately, unless otherwise

25

specified. The school rules governing student discipline and its corresponding sanctions therefore must be clearly specified and defined in writing, and made available to the students, parents, and guardians. Teaching personnel or school officials have the authority to impose appropriate and reasonable disciplinary action in case of minor offenses that are committed in their presence. When the offense committed is serious, they will submit a report concerning the violation to the head of the school. When the offense committed is serious and circumstances warrant, the school head shall cause the filing of the corresponding action against the erring student. No disciplinary sanction shall be applied except for cause, as defined in school rules and regulations. Proper due process shall be observed and the  punishment shall be appropriate appropriate to the nature and gravity of the offense.

26

What are categories of Administrative Penalties? For Public Schools 





Suspensions that will not exceed for three days may be authorized for minor offenses. However, parents must be notified by the school of any misconduct for which the disciplinary action is necessary. For persistent offenders and those guilty of a serious offense, a suspension of not more than one year may be imposed, subject to the approval of the Division Superintendent. Superintendent. Suspensions for more than one year and expulsions can only be ordered by the Secretary. Suspensions or expulsions however, are sanctioned as to the following offenses depending on their seriousness: o Gross misconduct o Cheating and stealing o Assaulting a teacher, school authorities, or students o Smoking inside

For Private Schools 





Suspension will be given for those who incur absences exceeding twenty  percent  percent of the prescribed class days for the school year or term. Preventive Suspension will  be given for the student under investigation of a case involving the penalty of expulsion. The student shall be preventively suspended from school  premises if the evidence of guilt is strong and the school head is morally convinced that the continued presence of the student during the period of investigation creates a distraction to normal school operations or poses a risk to the life of persons and  property in school Exclusion will be given to an erring student for being undesirable, and transfer credentials should be

27

o o o

o

o o o

o o o

o

o

school premises Vandalism Gambling Drinking intoxicants and liquor Carrying and concealing deadly weapons Extortion Fighting Use, possession, selling of illegal drugs Hazing Sexual harassment Instigating, leading, or participating in concerted activities leading to stoppage of classes Preventing, threatening students or faculty members Forging/tampering with school records.

immediately issued. A summary of investigation shall have been conducted and no prior approval by DepEd is required in the issuance of the penalty. The decision of the school, together with all pertinent  papers shall be filed in the school for a period of one year in order for DepEd to review the incident in case of an appeal. 

Expulsion is the extreme  penalty that can be given to an erring student and that it includes non-admission to any public or private school in the Philippines and requires the prior approval of the Secretary. The  penalty may be b e imposed for offenses that constitute gross misconduct, dishonesty, hazing, carrying deadly weapons, immorality, possession of illegal substances, drug  pushing, and other related offenses. The decision of the school in every case, together with the supporting  papers shall be forwarded forwarded to the regional office

28

concerned within ten days from the termination of the investigation of each case. It should be noted that the student shall be assisted in the proceedings  by parents or counsel. The decision of the school officials in administrative actions against students may be appealed to the Divisions School Superintendents concerned, who must resolve the appeal within fifteen days of receipt.

What are the provided rights of a student? 







To be respected in their rights, and be treated reasonably and fairly as a person consistent with human dignity To form, join, or lead in student organizations or associations as may be recognized or authorized to operate by the school. To be informed of any complaint made against the student, to be heard with or without legal counsel, to present evidence for defense, to confront and cross-examine witnesses, to be duly informed of the decision on the case, and to appeal that decision To be redressed of grievances against any wrong committed against the student by any member of the academic community in accordance with the channels of authority.

29

What is Special Needs Education? • As stated by DepEd, Special Needs Education is part of the major  programs  programs in Basic Education. Persons who are gifted, or have any form of physical, mental, social, or sensory impairment may need modification of school programs, services and facilities to help them learn and develop. • The curriculum for Special Needs Education will be based on the  prescriptions  prescriptions of the Department. Department.

How are religious rights of stakeholders inside the school protected? Pursuant to the Constitutional Guarantee on the rights of citizens to freedom of religion and non-discrimination on the basis of sex, religion, creed, or color, all schools should strive to ensure that these rights of students are protected and strengthened. (DECS Order 53, s. 2011) On Teachers wearing hijab Teachers handling Arabic Language and Islamic Values Education are requested to remove the veil that covers their face when teaching in the classroom. This is to promote better teacher-student relationships and support language instruction since seeing the teacher's lips helps in the correct production of letter sounds. This does not prohibit Muslim teachers from wearing hijab at the schools in general. On Muslim students Wearing Hijab Muslim girls will be allowed to wear appropriate clothing during Physical Education classes in line with their religious beliefs. Moreover, Muslim students shall not be required to participate in non-Muslim religious religious rites. 30

What is bullying? Bullying refers to any severe, or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination of thereof m, directed at another student that has the effect of actually causing or placing the latter in reasonable fear or  physical  physical or emotional harm or damage to his property; property; creating a hostile environment at school for the other student; infringing on the rights of another student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as but not limited to, the following: following: 1. any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons; 2. any act that causes damage to a victim’s psyche and or emotional well-being 3. any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, name- calling, tormenting and commenting negatively on victim’s looks, clothes and body; 4. cyber-bullying cyber-bullying or any bullying done through the use of technology or any electronic means; harassment, intimidation, or humiliation through, but not limited to texting, email, instant messaging, chatting, internet, social media, online games, etc. 5. social bullying refers to deliberate, deliberate, repetitive and aggressive social behavior intended to hurt others or to belittle another individual or group. 6. Gender-based bullying refers to any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity (SOGI)

31

How is bullying prevented in schools? Pursuant to Republic Act No. 10627 or the Anti-Bullying Act of 2013, the Department of Education has issued the Implementing Rules and Regulations (13 December 2013). The law prohibits bullying in school and adjacent grounds, school services/bus, and school-sponsored or related activities. activities . All schools are mandated to adopt policies and  programs  programs to address the existence of bullying in their respective institutions. The policy shall be included in the school’s student and/or employee handbook and shall be conspicuously posted on the school walls and website, if there is any.

Who handles the cases of bullying? The Child Protection Committee, established by DepEd Order No. 40, s. 2012, shall be the committee that will handle bullying cases in schools. The committee shall be composed of the following: 1. 2. 3. 4.

School Head/Administrator Head/Administr ator –   –  Chairperson  Chairperson Guidance Counselor/Teacher Counselor/ Teacher –   –  Vice  Vice Chairperson Teachers’ Representative as designated by the Faculty Club Parents’ Representative as designated by the Pare nts- Teachers Association 5. Student Representative as designated by the Supreme Student Council 6. Community Communit y Representative Representat ive as designated by the Punong Barangay

32

What is their Jurisdiction? Complaints of bullying shall be within the exclusive jurisdiction of the School or the Department, and shall not be brought for amicable settlement before the Barangay.

What happens to a child who bullied? All schools shall include in the school’s child protection or anti -bullying  policy a range of disciplinary administrative actions that may be taken against the perpetrator of bullying or retaliation. Bullying incident or retaliation retaliation shall be treated according to the nature, gravity or severity and attendant circumstances. If the bullying incident or retaliation resulted to serious physical injuries or death, the case shall be dealt with in accordance with the provisions of Republic Act 9344 or the “juvenile Justice and Welfare Act.”

How to redress grievances? As part of the major services of DepEd Central Office (Legal), it shall exercise the following functions: • interpret laws and rules affecting the operation of the Department • prepare action/endorsement action/endor sement on complaints, complaints , letters, communications, etc. assigned to it by law and rules or by the Secretary • review decisions/resoluti decisions /resolutions ons on appealed cases to the Department and prepare decision/resolution thereon • prepare resolution resoluti on on petition for correction of name/date/place of birth in school records

33

How to contact DepEd? For queries or to report r eport violations: Call: DETxt hotlines (02) 6361663; (02) 6331942 or E-mail: [email protected]

34

Overview of CHED and its Mandate The Commission on Higher Education (CHED) is the agency that formulates, implements, and coordinates policies, plans, programs and  projects in the areas of formal and non-formal higher education, education, both  public and and private. Established through Republic Act 7722 of the Higher Education Act of 1994, the creation of CHED is part of the reforms outlined in the Congressional Commission on Education Report in 1992 which recommended the tri-focalization of the education sector: CHED for tertiary and graduate education, DepEd for basic education, TESDA for technical-vocational and middle level education. The pertinent rules and regulations highlighted below are based on 2008 CHED Manual of Regulations for Private Higher Education (D.O. No. 40, S-208). While generally in accordance with CHED policies, public state and local universities and colleges are governed by their respective charters.

What are the objectives of formal higher education in the Philippines? Higher education shall have the following objectives: 1.

To provide a general education program that will assist each individual to develop his potential as a human being, enhance the quality of citizen participation in the basic function of society, and promote in each student a sense of national identity, cultural consciousness, consciousness, moral integrity and spiritual vigor.

35

2.

To train the nation’s human resources res ources in the required skills for national development, development, and to instill and foster the appropriate and relevant attitudes, skills and knowledge to enable each individual to become a useful, productive, globally competitive, and gainfully employed member of the society.

3.

To develop and maintain the integrity of the professions and disciplines that will provide leadership for the nation.

4.

To advance the frontiers of knowledge through research work, and apply the technology gained for improving the quality of human life and responding effectively to changing social needs and conditions.

What are ‘alternative systems’ and What are they for? The Commission recognizes that education and acquisition of higher learning take place both within and beyond the confines of the classrooms. The Commission recognizes the need to formally acknowledge higher learning obtained from informal and non-formal systems of education. The recognition shall be embodied in an instrument acceptable by the general public. The Objectives Objectives of the alternative systems in education are: 1.

To make quality higher education accessible to a greater number of qualified students who are otherwise isolated by geographical location, personal and work commitments, time constraints, and conventional conventional course structures;

2.

To establish a mechanism for assessment and accreditation of prior learning from non-formal and informal education and training, and from relevant work experiences of individuals toward the granting of equivalency certificates and awards in higher education; and

36

To establish guideline for the award of higher education certificates certificates and/or degrees to deserving individuals.

Who can be admitted to higher education institutions? A student who graduates from the secondary level of education from the Department of Education shall be eligible for admission to any degree  program.  program. However, a student who has not completed the secondary level, but has qualified in the Philippine Educational Placement Test (PEPT) may be eligible for admission.

Can a student from a foreign country continue his/her tertiary level studies here? A graduate of a foreign secondary school who may not fully satisfy the specific requirements of a certain degree program may be admitted,  provided, that any deficiency shall be corrected during his initial school term. A student who did not graduate from high school, but completed at least eleven curriculum years in elementary and secondary education in other countries may be favorably considered for admission to a degree  program, at the discretion of the admitting institution, provided however, that those who completed the 12th grade may be given advance credits at the discretion of the admitting higher education institution.

37

Can a foreigner study here in the Philippines Philippines? ? Yes. In addition to the conditions for admission of a foreign student into any degree program provided by law and the policies and rules of the Commission, it must be shown that the foreign student has the means sufficient to support his education or study in the Philippines.

What are the cases when a student may not be allowed to enroll? 

Academic delinquency



Violation of rules and regulations of the institution



Failure to settle due tuition and other school fees, and other obligation





Sickness or disease that would prevent the student to handle the normal  pressures of school work or his continued continued presence thereat would be deleterious to other members of the academic community The closure of a program by the institution, or the closure of the institution itself

What are the general admission credentials? For admission in the first year of any degree program, uncancelled report card (Form 138) or its equivalent from the school last attended with the eligibility certificate indicated and signed by the authorized school official. The report card or its equivalent shall be deemed cancelled upon the enrollment of the student in the degree program, and the admitting school shall immediately request for the permanent record (Form 137) from the school last attended.

38

For admission into second year and subsequent years of any degree  program,  program, the prescribed transfer credential, credential, normally a Certificate of Transfer, from the institution last l ast attended. When a student is unable to present the required school record or credential indicated in sub-paragraphs 1 and 2, a certificate issued by the Chairman of the Commission or his duly authorized representative is required.  No institution can officially enroll a student who has not presented the  proper admission credentials credentials as required. Any violation of this rule may ma y subject the institution to possible administrative penalties and sanctions, which may include revocation of permit or recognition.

Who are special students and what are the provisions for them? Special student are those gifted or talented, the fast learners, the mentally retarded, the visually impaired, the hearing impaired, those with  behavior  behavior problems, orthopedically orthopedically handicapped handicapped,, those with extraordinary extraordinary health problems, the learning disabled, the speech impaired or multihandicapped. All higher education institutions are encouraged to admit special students needing special education whether in degree, vocation or technical courses and other training programs. Institutions with “Teacher Training Programs” are enjo ined to include Special Education (SPED) courses at the undergraduate and graduate levels of the said programs, as well as in other related programs. Whenever possible, said institutions shall offer scholarship programs to qualified SPED teachers, in coordination with the Commission C ommission and other government and non-government agencies.

39

Can a school not admit a student because he/she is a handicap?  No. According to CHED rules, all higher education institutions are encouraged to give importance to the following modified educational facilities and equipment, for special students needing special education. 1. For persons with visual impairment impairment  –   sensory and tactile materials, Braille books and record materials, Braille writing, painting and reading machines, orientation and mobility equipment. 2. For persons with hearing impairment  –   group or individual hearing aids, speech trainers, tape recorded and speech or language kit containing auditory and language training materials. 3. For persons with orthopedic handicaps  –   the requirements  provided for by Batas Pambansa Bilang 344, otherwise known as the Accessibility Law, shall be complied with, including adjustable desks or chairs and adopted physical education apparatuses. 4. For persons with mental retardation  –   facilities, equipment and instructional materials for developing skills in self-care, socialization, motor cognitive and pre-vocational and vocational training. Other types of learners with special needs or those with  behavioral  behavioral problems including including the autism, those with learning learning disabilities disabilities and those with multiple handicaps  –  instructional   instructional devices and equipment for behavior modification, perceptual motor training, daily living skills, language and speech and cognitive skills development.

40

Can the academic institutions withhold school credentials? The higher education institution, at its discretion may withhold the release of the transfer credentials of a student who has outstanding financial or property obligations to the institution, or is under penalty of suspension or expulsion. The transfer credentials shall be released upon settlement of obligation, or after the penalty of suspension is served or expulsion lifted. The Commission may order the release of school records or transfer credentials of a student, in case the institution is found, after due inquiry, to have unjustifiably refused to release the said records without  prejudice  prejudice to the imposition of appropriate administrative sanctions against the said institution. (CHED D.O. No. 40, S-20O8)

Is ‘no permit, no exam’ policy permissible?  No higher education institution shall deny final examinations examinations to a student who has outstanding financial or property obligations, obligations, including unpaid tuition and other school fees corresponding to the school term. However, the institution may withhold the final grades or may refuse re-enrollment of such student. Provided, that, in case of withholding of final grades, the final grades are duly recorded and submitted to the Registrar together with the final grades of the rest of the students in the  prescribed  prescribed form.

41

Can a student make a refund for in case s/he decided to withdraw / transfer? Unless otherwise provided by institutional policies, rules and regulations, regulations, a student who transfers or withdraws, in writing, within two (2) weeks after the beginning of classes, and who has already paid the  pertinent  pertinent tuition and other school fees in full or for any length longer than one month, may be charged twenty-five per cent (25%) of the total amount due for the school term if he withdraws within the first week of classes, or fifty per cent (50%) if within the second week of classes, regardless of whether or not he has actually attended classes. The student may be charged for all the school fees in full if he withdraws any time after the second week of classes.

How far a school can go in terms of disciplining its students? Every higher education institution shall maintain discipline inside its campus as well as within the immediate surroundings of the school  premises. An institution shall also exercise disciplinary authority over students outside its campus, and beyond school hours, term or year in the instances as follows: 1.

Where school policies or regulations were violated; and,

2. Where the misconduct involves or affects a student’s studen t’s status, or the good name and reputation of the school. Every private higher education institution shall have the right to  promulgate  promulgate reasonable reasonable norms, rules and regulations it may deem necessary and consistent with the provisions of this Manual for the maintenance of school discipline and class attendance. Such rules shall contain an enumeration of specific offenses and their corresponding  penalties.  penalties. 42

However, a student’s liability shall not be confined to the offenses specifically identified and defined defin ed in the school’s code or rule of discipline because several offenses may be so generally worded as to encompass a number of related wrongdoings. Such rules and regulations shall be effective as of the date of promulgation and notification to students in an appropriate school issuance or publication.

Is corporal punishment allowed?  No. A school official or personnel personnel shall have the right to impose appropriate and reasonable disciplinary measures for minor offenses or infractions infractions of good discipline committed in their presence, provided, that no cruel or physically harmful punishment shall be imposed upon any erring student.

What is the usual process once a student violated rules? A school official or personnel shall have the right to impose appropriate and reasonable disciplinary disciplinary measures for minor offenses or infractions of good discipline committed in their presence, provided, that no cruel or  physically  physically harmful punishment shall be imposed upon any erring student. A higher education institution, through any of its authorized representatives, may cause the filing of an administrative action against any student for violation of its disciplinary rules and regulations. Any administrative action filed against a student must comply with the minimum standards of due process prescribed herein as follows: 1. The student must be informed in writing of the nature and cause of any accusation against him, and required to answer the

43

accusation accusation in writing. If the student is a minor, the parent or the guardian shall be furnished with a copy of show cause letter; 2. If the student denies the accusation accusation or alleges some fact or matter in justification o mitigation of the offense, the institution shall form a fact-finding committee to hear and receive evidence; 3. In all stages of the proceedings, proceedings, the student shall have the right to assistance of a counsel of his own choice; 4. The student shall have the right to listen to, and examine the evidence presented against him, to ask clarificatory questions through the fact-finding committee, and to present evidence on his  behalf; 5. The fact-finding fact-findin g committee must consider the pieces of evidence presented, and receive the proceedings; 6. The student shall be informed in writing of the decision  promulgated  promulgated in his case; and, and, 7. If the student is found culpable for the offense charged, the punishment imposed shall be commensurate with the nature and gravity of the offense.

What are the categories of administrative penalties? A student under investigation may be preventively suspended from entering the school premises and from attending classes, when the evidence of guilt is strong, and the responsible school official is morally convinced that the continued stay of the student pending investigation would cause sufficient distraction to the normal operations of the institution, or would pose real or imminent threat or danger to persons and property inside the institution’s premises.

44

The administrative penalties that may be imposed upon the erring student, for commission of any serious offence or violation of institutional disciplinary rules and regulations, are provided and categorized as follows: 1. Suspension  –   a penalty that allows the higher education institution to deprive or deny the erring student from attending classes for a period not exceeding twenty percent (20%) of the total class days for the school term. A penalty of suspension for a period more than twenty percent (20%) of the total class days for the school term shall be deemed suspension for a period equivalent to twenty percent (20%) of the prescribed total class days for the school term. 2. Non-readmission  –   a penalty that allows the institution to deny admission or enrollment of an erring student for the school term immediately following the term when the resolution or decision finding the student guilty of the offense as charged and imposing the penalty of non-readmission was promulgated. Unlike the penalty of exclusion, the student is allowed to complete the school term when the resolution for non-readmission was promulgated. Transfer credentials of the erring student shall be issued upon promulgation, subject to the other  provisions of this Manual. Manual. 3. Exclusion  –   a penalty that allows the institution to exclude or drop the name of the erring student from the roll of students immediately upon resolution for exclusion was promulgated. This penalty may be imposed for acts or offenses such as dishonesty, hazing, carry deadly weapons, weapons, immorality, selling and/or possession of prohibited drugs, drug dependency, drunkenness, hooliganism, vandalism and other offenses analogous to the foregoing. Transfers credentials of the erring student shall be issued upon promulgation, subject to the other provisions of this Manual. The institution shall preserve a complete record of the proceedings for a  period of one year in order to afford the Commission the opportunity to

45

review the case in the event the student makes and files an appeal with the Commission. 4. Expulsion  –   a penalty where the institution declares an erring student disqualified for admission to any public or private higher education institution in the Philippines. In any case, the penalty of expulsion cannot be imposed without the approval of the Chairman of the Commission. This penalty may be imposed for acts or offenses involving moral turpitude or constituting gross misconduct, which are considered criminal pursuant to existing penal laws. The institution shall forward a complete record of the proceedings to the Regional Office concerned within ten days from the termination of the investigation of each case.

Can a school force its students to enroll in a particular review center? RA No. 10609, (Protection of Students’ Rights to Enroll in Review Centers Act of 2012) strictly prohibits forcing students to enroll in review center which are not of their choice, making enrollment in review center as a pre-requisite for graduation or completion of the course, forcing the students to pay corresponding fees including transportation and board and lodging, and withholding of student records as to compel students to enroll in a review center imposed by the school. Schools and school personnel violating this Act can be subjected to 6 months to 6 years in prison and a fine of P 750,000. Furthermore, the personnel shall be suspended from his office and revoked of  professional  professional license. CHED is given the authority to impose sanctions against the school and its officials.

46

Who are the parties involved on student internship and OJT? The higher education institution (HEI), Host training establishment, student, parents, and CHED, specifically CHED-RO.

What are the provisions for a student handbook? Student handbooks should be made and updated into accessible formats (such as but not limited to electronic, large, print, media, braille, and sign language) for dissemination, information, and guidance of students and university stakeholders. A mechanism to archive and retrieve old handbooks should be in order for the purposes of improving the same.

What are the types of activi activities ties a student can engage to in school? In order for student life to be more enjoyable and holistic, programs and activities aimed at developing and strengthening students’ leadership skills and social responsibilities. The following but not limited to are student activities:

-

Leadership programs

-

Student Publications Publications

-

Student Organizations Organizations

-

Sports Development Program

47

-

Peer Helper Program

What are guidelines for student organizations and activities? -

A system of accreditation, re-accreditation, monitoring and evaluation in recognition with the basic right to organize.

-

Adequate office space and other institutional support from the HEI.

-

Participation in anti-drugs abuse, awareness and drug abuse  prevention  prevention initiated by Government Government and Non-Government Non-Government organizations.

What are the roles of the HEI for student councils/governments? -

The HEI should recognize the rights of the students to govern themselves as a student body. They should ensure maximum  participation  participation and engagement engagement through student councils/governments.

-

The HEI should ensure the transparency in the development/revision for guidelines and procedures for student councils/governments.

48

What are the roles of the t he HEI for student discipline? -

The HEI should have gender and disability sensitive rules and regulations that is formulated through the participation of students and faculty and published in a student manual that is accessible to all students.

-

The HEI should establish a discipline committee to ensure due  process in dealing dealing with student student misconduct. misconduct.

-

The HEI should set a timely mechanism to handle and address student grievances.

What are guidelines for an HEI when it comes to admission services? -

The HEI should ensure that requirements and admission are in  place with considerate/reasonab considerate/reasonable le accommodations accommodations for people with disabilities.

-

The HEI should properly update and inform students of the guidelines guidelines of the HEI.

-

The HEI should post a list of tuition and other school fees and educational visits and field trips in conspicuous places. (e.g.  bulletin boards, boards, cafeteria, cafeteria, etc.)

49

What are guidelines when it comes to scholarship and financial assistance? -

The HEI should ensure that student scholarships and financial assistance be in various and accessible formats.

-

The HEI should institutionalize structures to provide access to scholarships scholarships and financial assistance.

-

The HEI should institutionalize more compassionate policies and guidelines, particularly for those students belonging to poor families.

-

The HEI should provide access on any financial assistance in cases when the student cannot pay at a particular moment.

What is ‘multi-faith ‘multi-faith services’ services ’? What are the roles of the HEI for this provision? Multi-faith services are provision to an environment conducive to free expression of religious orientation/beliefs in accordance with institutional principles and policies. The HEI should encourage and ensure freedom of religion is exercised. Moreover, they should provide mechanisms for the use of facilities.

50

What are the guidelines for Services for Students with Special Needs and People with Disabilities?

-

The HEI should ensure academic accommodations for these students with proper consultations, together with teachers,  parents/guardians,  parents/guardians, etc. whenever whenever necessary. necessary.

-

The HEI should provide programs for life skills training e.g. conflict management and counseling or testing referrals, whenever necessary.

-

The HEI should regularly submit the list of students with special needs and disabilities detailing the intervention programs to the CHEDROs in order to build up the database HEIs accommodating these students.

51

Directory of CHED Regional Offices I

CHED Regional Office I Government Center Sevilla, City of San Fernando, La Union Telephone Nos. (072) 242-0238 242 -0238 (072) 242-5017 / 700-2569 Telefax (072) 242-2750

II

CHED Regional Office II Regional Development Center Carig, Tuguegarao City, Cagayan Telephone Nos. (078) 844-4872 / 846-3635 Telefax (078) 846-4887

II I

CHED Regional Office III Regional Government Center Maimpis, City of San Fernando, Pampanga Telephone Nos. (045) 436-1846 / 436-1847 Telefax No. (045) 455-1662

I V A

CHED Regional Office IV-A 2nd Floor Higher Education Development Center (HEDC) Bldg. Carlos P. Garcia Avenue, UP Campus Diliman, Quezon City Telephone No. (02) 332-3943 Telefax No. (02) 332-4734

I V B

CHED Regional Office IV-B 2nd Floor Higher Education Development Center (HEDC) Bldg. Carlos P. Garcia Avenue, UP Campus Diliman, Quezon City Telefax No. (02) 386-4781

52

V

CHED Regional Office V CHEDRO Building, EMS Barrio South Brgy. 2, Legazpi City Telephone Nos. (052) 481-5096 / 820-4813 Fax No. (052) 481-5095

V I

CHED Regional Office VI  No. 12 Washington Washington Street, Jaro, Iloilo Iloilo Telephone Nos. (033) 508-8852 / 320-6963 Telefax No. (033) 320-6976 / 329-5955 329 -5955

V II

CHED Regional Office VII  National Government Government Center Sudlon, Lahug, Cebu City Telephone Nos. (032) 414-9195 414 -9195 Telefax No. (032) 414-9194

V II I

CHED Regional Office VIII Corner Real Street and Calanipawan Road Sagkahan, Tacloban City Telephone Nos. (053) 523-7437 / 523-7288 Fax No. (053) 523-4034

I X

CHED Regional Office IX Polytechnic Compound Baliwasan Chico, Zamboanga City Telephone Nos. (062) 991-7648 991 -7648 (062) 991-8974 / 991-7080 Fax No. (062) 991-7649

X

CHED Regional Office X Mon James Hayes Street Brgy. 40, Cagayan de Oro City Telephone No. (08822) 71-1231 Telefax No. (08822) 72-4180

X I

CHED Regional Office XI Loyola Street, Barrio Obrero University of Southeastern Philippines Compound Davao City

53

Telephone Nos. (082) 295-3418 local 101 Fax No. (082) 295-3418 local 108 X II

CHED Regional Office XII Block 2 Reyes Subdivision Barangay Morales, Koronadal City Telephone No. (083) 228-1227 Fax No. (082) 228-1130

 N C R

CHED National Capital Region 2nd Floor Higher Education Development Center (HEDC) Bldg. Carlos P. Garcia Avenue, UP Campus Diliman, Quezon City Telephone Nos. (02) 441-0985 / 441-1224 441 -1224 / 441-0879 Telefax No. (02) 441-0453 Email address: [email protected]

C A R

CHED Cordillera Administrative Region Benguet State University Compound La Trinidad, Benguet Telephone No. (074) 422-2415 Fax No. (074) 422-2418

C A R  A G A

CHED Caraga Caraga State University Main Campus Ampayon, Butuan City Telephone Nos. (085) 342-7384 / 342-7483 Telefax No. (085) 342-7765

A R  M M

CHED Autonomous Region in Muslim Mindanao 2nd Floor DILG 12 Building ARMM Compound, Cotabato City Telephone No. (064) 421-9575

54

Overview of TESDA and its Mandate Republic Act No. 7796 of August 25, 1994 or the “Technical Education and Skills Development Act of 1994" established the Technical Education and Skills Development Authority (TESDA) through the merger of the National Manpower and Youth Council (NMYC) of the Department of Labor and Employment (DOLE), the Bureau of Technical and Vocational Education (BTVE) of the Department of Education, Culture and Sports (DECS), and the Apprenticeship Program of the Bureau of Local Employment (BLE) of the DOLE. The Technical Education and Skills Development Authority (TESDA) creates manpower and skills plans; sets proper skills standards; tests, coordinates, and monitors manpower policies and programs; and  provides policy directions and guidelines guidelines for resource allocation for the TVET (technical, vocational, educational, training) institutions in both the private and public sectors. It also manages and supervises technical education and skills development in the Philippines and ensures the full  participation  participation of industry, labor, technical and vocational vocational institutions, local governments, and civil society for better manpower development  programs.  programs. The rules and procedures procedures shown below can be seen in the 2001 TESDA Manual of Policies and Guidelines.

55

School Calendar How many days make up an academic year? The academic year for post-secondary technical education courses should consist of eighteen (18) weeks to thirty-six (36) weeks a semester. A regular regular school session is held held for a total of one hundred (100) to two hundred (200) days each semester not including holidays and registration days.

 Are authorities authorities advised to handle classes classes in some cases? If need be, school heads are required to hold classes on Saturdays instead of a school day to keep up with the increased number of contact hours as  per RA 7797, 7797, provided the Authority Authority is informed informed in advance. advance.

Can some schools/institutions follow a different calendar? Special school calendars may be applied and approved for schools that have Muslim affiliations.

56

How long is the summer term? What is it for? The summer term is made up of six (6) weeks and starts twenty four (24) weeks after the beginning of the second semester. These days may be used for Supervised Industrial Training (SIT) for the operator and craftsman levels.

Minimum Hour of Subject How are subjects credited and what are its equivalents? Each subject taken for one hour with a total of seventeen hours in a semester is equivalent to one (1) unit of academic credit. One (1) hour lecture or recitation each week. Two (2) or three (3) hours of laboratory work (i.e., drafting, shop or fieldwork) each week is equivalent to one hour of classroom lecture or recitation work. For both formal and non-formal TVET programs using the competency based curriculum, the time for starting and completing courses should not follow rigid time periods, and shall allow learners to enter and exit  programs  programs at different times and levels and to receive rewards for modules attained at any point.

Tuition and Fees How are tuition fees made known to the students? Tuition and other fees for the current school year should always be  posted on school bulletin boards and displayed displayed in appropriate appropriate locations in the campus.

57

How do tuition fee hikes work? Increases in tuition fee shall be approved following the provisions of TESDA Board Resolution No. 98-12 providing for the General Guidelines on the Regulation of Increases in Tuition Fees in All Technical-Vocational Programs offered by Private Post-Secondary TVET Institutions.

Refund of Tuition and Other School Fees When can I withdraw from enrolment? A student who transfers or withdraws and has already paid the needed tuition and other school fees in full or for any length longer than one month may be charged: 10% of the total amount for the term if he withdraws within the first week of classes and 20% if within the second week of classes.

 Are there instances instances that I pay pay the full amount amount in case case I withdraw? In case the student withdraws any time after the second week of the start of classes, he/she will be charged the full amount of the total fees. However, if a student withdraws any time after the second week of classes with a valid reason, he shall be charged the required fees covering until the last month of attendance.

58

Hazing and other forms of Initiation What are the penalties for hazing? Hazing or initiation rites in any form or manner by a fraternity, sorority or organization that involves physical contact resulting to physical pain or mental suffering are considered illegal, whether outside or inside the campus. Violation of this is subject to summary expulsion from the school, without prejudice to filing of civil and criminal sanctions following RA No. 8049.

School Uniform Can TVET schools adopt a dress/uniform? For all TVET schools or institutions, the choice whether to adopt a school uniform shall be left to the choice of the school. However, wearing of standard shop/laboratory or workplace uniforms and safety garments during actual work and practicum will be a requirement.

Grievance Machinery What are the procedures for grievance machinery? Every private and public TVET school/institution shall ensure polite internal procedures. Private TVET schools or institutions shall adopt  procedural  procedural guidelines guidelines on the processing of complaint complaint to give the parties involved their sides in the controversy.

59

For public TVET institutions, the grievance machinery guidelines for a quick decision and adjustment in a fair manner of employee complaints will apply.

 Admission Requiremen Requirementt for the Post-Secondary Level

How do I get admitted to the post-secondary level program? The basic requirement for admission of a student to any post-secondary technical-vocational education program or course shall be graduation from a secondary education level program recognized by the government. Graduates of secondary schools abroad who may not fully satisfy the specific requirements of certain post-secondary programs or courses could also be admitted provided that any deficiency will be complied during the first term of enrolment. Students under the Equivalency Program who are classified as first year college eligible may be favorably considered for admission to a post-secondary TVET  program at the decision of the admitting school and to the rules and regulations given by the authority.

Rules of Registration When do enrollments happen? The enrollment of students in TVET schools/institutions shall be done during the registration days indicated on the approved calendar and  procedures  procedures of the school, school, and subject to the following rules:

60

When a student registers in a post-secondary TVET school, it is understood that he is enrolling for the entire term of a program. A student may enroll anytime within the semester and be admitted in accordance with the CBTES system, except when it is already less than or exactly one month before the semester ends. The transfer of an enrolled student from one school to another during the school year may be allowed provided the permission of both schools are obtained. As a general rule, inter-school transfer after the enrolment  period is discouraged, discouraged, especially especially in the case of students who are expected to graduate from a course during the school year, at any of the levels of TVET programs.

A student can only be considered enrolled when he/she is able to show the needed school credentials on or before the end of the enrolment  period for the school term. A student is considered officially enrolled after he has submitted the needed admission or transfer credentials, has made an initial payment of his school fees which has been accepted by the school, and has been allowed to attend classes in the school.  No foreign student should be enrolled without the approval of the Department of Foreign Affairs and the Bureau of Immigration and Deportation. For purposes of enrolment, the name and other personal data or circumstances of each student as indicated in his birth certificate or alien certificate certificate of registration, will prevail.

61

 Admission Credentials Credentials What are the requirements for admission to a TVET program/course? The required transfer credentials for the enrolment of a student for admission at the beginning of the school year are the following: Admission into to the first year or Operator level of any TVET  program or or course, The report card (Form 138) or its equivalent from the school last attended with the eligibility certificate indicated and signed by the school official, and the admitting school shall immediately request for the  permanent  permanent school record record (Form 137) from from the school last attended. attended. Admission into the second year or Craftsman level, and in the later years of the three-year technician course of any TVET program A Certificate of Transfer, from the TVET school/institution last attended must be presented to the admitting school.

Can I be admitted even without a high school diploma? If a student is not a high school graduate but qualified under the equivalency equivalency system and the principle of the recognition of prior learning, the student may be admitted into the operator level, as an entry level.

Content of Student Record What are the student records for? The school records of any transferring student sent by one school to another will contain the final rating in each subject with the corresponding credits. For technology subjects, a summary of the

62

competency assessments passed by the student/trainee and requested by the school or institution.

Request for School Records How do I request for school records? After the submission and acceptance of the transfer credentials, the school to which the student has transferred will request for the complete school record (FORM 137) or transcript of records of the student/trainee. He/she should forward such records directly to the school within thirty days upon request.

Release of Records What are the ground rules for those students under disciplinary sanctions? The school records of a student who is under penalty of suspension or expulsion will not be released until the duration of the penalty; at the discretion of the school, in the case of suspension; or upon approval by the Director General, General, in the case of expulsion.

63

Transfer of Students and Transfer Credentials Who are eligible for transfer? A student enrolled in one school is allowed to transfer to another school, given he has no more dues and obligations with the school he/she was enrolled in.

How does the transfer for admission work if I am qualified to transfer? A student who is qualified for transfer will be provided the needed transfer credentials by the school. This will allow him/her to transfer to the school of choice, under the rules and regulations on transfer admissions of the school. The transfer credentials will then be signed and approved by the registrar, issued not later than two weeks filing for application of transfer. Students must also make sure that his/her records are complete and in order, in the case of transferee from another school.

Withholding of Credentials Is it possible to have transfer credentials delayed and withheld? withheld ? The release of the transfer credentials of a student maybe withheld for reasons of suspension, expulsion or non-payment of financial obligations obligations or property responsibility of the student to the school.

64

For cases of students’ suspension, expulsions, or unpaid dues, when will the credential be released? The credentials will be released as soon as his/her obligations have been settled or the penalty of suspension or expulsion is removed.

What if they refuse to issue me transfer credentials? If, after this, a school is found to have refused to issue transfer credentials, the party concerned may file and issue proper administrative sanctions against the school concerned.

 Authority to Maintain Maintain School Discipline Is good school discipline a must for all TVET institutions/schools? Every TVET school or institution will have to maintain good school discipline inside the school campus as well as outside the school when students are engaged in activities allowed by the school.

65

 Authority to Declare Declare Disciplinary Disciplinary Rules Rules Do TVET schools have the choice to impose new disciplinary disciplinar y rules? Any school/institution will have the right to declare reasonable rules, regulations, and norms it considers necessary as consistent with the guidelines of this manual, to maintain good school discipline and class attendance. These rules and regulations will be considered effective during the date of declaration and notification to students in the school, as well as issuance and publication.

Imposition of Disciplinary Action What happens when students commit offenses or school violations? School officials and personnel have the right to make appropriate and reasonable measures in case of minor offenses or violations of good school discipline done in their presence. They should not however do this punishment through ways that could inflict physical or emotional  pain.

66

Filing of Administrative Action How does a school head give appropriate sanctions against a student in case of minor offenses? During serious cases, the school head will have to start the filing of administrative actions against the student or trainee. No disciplinary actions will be done upon the student or trainee except for causes included in the rules and regulations of the school or this manual.

How bad are the consequences for such offenses? The punishment depends on the nature and weight of the offense.

Categories of Administrative Penalties What are the three penalties for violations and undesirable student behaviour? The three categories of disciplinary sanctions for serious offenses or violation of school rules which may be given upon a student or trainee are: Suspension, Exclusion, and Expulsion. Suspension involves the school to deny a student or trainee of attendance in classes/training for a period not more than twenty percent (20%) of the given class days for the school year.

67

Exclusion is a penalty in which the school is allowed to drop the name of the student from the school rules for being undesirable, and transfer credentials credentials quickly issued. Expulsion is an extreme penalty where a student is denied admission to any public or private TVET institution in the country. This will require the approval of the Director General. These penalties will be charged when a student commits the following offenses: gross misconduct, dishonesty, hazing, carrying deadly weapons, immorality, selling and/or possession of prohibited drugs such as marijuana, drug dependency, drunkenness, hooliganism, vandalism, and other serious school school offenses offenses such as as assaulting a student student or school  personnel,  personnel, instigating or leading illegal strikes or similar concerted concerted activities resulting in the stoppage of classes, preventing or threatening any student or school personnel from entering the school premises or from attending classes or discharging their duties, forging or tampering with school records or school forms, and securing or using forged school records, forms, and documents.

Subject Load and Sequence How do students/trainees complete levels in the curriculum? Subject loads and the sequence of subjects of students will be following the approved curriculum for each program. Reasonable exemptions maybe permitted in individual cases taking into consideration the best interest of the student and the objectives of the educational system.

68

Excess Load for Graduating Students Can I get additional subject loads? Any graduating student in any level of formal TVET programs may, as approved by the school, be allowed an additional subject load consisting of not more than six academic units not exceeding the normal load specified by the school for the given school year/term.

Grading and Promotion System What are the grading systems adopted? Technology subjects-will make use of the "Passed or Failed" grading system. A passing mark is given when the student meets all the requirements and competent skills as standards of industry and trade experts. Failing mark is given when the student/trainee falls short of the minimum skills standard. Tool subjects -the numerical grading system may still be used, provided that any temporary grade given at the end of the semester or are still convertible into another grade, such as “Incomplete”, or “Conditional”. A school may choose to grant a final grade that neither earn credits nor indicate failure (such as “NC” for “No Credit” or “NG” for “No Grade”), in cases where the students failed to take the final examination in the subject, but his performance was considered good enough to get a  passing grade despite absence from the final examination. examination. Such a grade is permanent and cannot be changed after. The CBTESD system calls for a modularized and competency-based learning in a way that each level has a set of competencies based on 69

occupation/skills standards set by industry. The promotion of a student to the next higher level will be based on the student’s capability to show the competencies he has trained for, not by curriculum year.

Benefits, Privileges, and Rights How do students achieve personal growth besides learning in the four corners of the classroom? To make student life and learning more enjoyable, some opportunities are provided so that students/trainees can achieve personal developments and benefits and perks, such as: membership in student organizations such as drama clubs, technology clubs, etc.  participation  participation in school publications publications health care benefits scholarships  participation  participation in athletic meets meets field trips student insurance use of school facilities student paid labour  participation  participation in special projects like income-generating income-generating  projects.

70

Campus Organizations Is there a place for student rights and organization here? The State recognizes the presence of student councils/ governments. No limitations may be placed on the exercise of students’ rights except those made to comply with law and those that are needed in a free country for the promotion of national security or public safety, public order, and freedom for all. With this, every TVET school or institution will: -Govern campus organizations by requesting minimum valid requirements. This actually includes submission of the organization’s constitution or by-laws, list of officers of the organization and a letter or notification notification by at least an adviser chosen by the organization. -Recognize the existence of organized campus associations, and will do needed supervision, under regulations that do not affect their academic, technical education programs, and other activities with genuine youth  participation  participation Recognize and ensure the democratic and autonomous existence of student councils/governments.

School Papers and Publications What are student publications for? Student publications will serve as the student's medium to express their opinions and sentiments on matters that affect them. This free flow of ideas and information will involve the community members and let them make sound decisions for their life and their community where they live. This is also for them to gain knowledge, appreciate facts, events, and recent developments that are of concern to them. This school paper will get its funds from student contributions in the amount that would be enough yet reasonable based on enrolment and the cost of printing. This will serve as a trust fund. 71

Graduation Honors What are the grounds for graduating with honors in TVET schools/institutions? TVET schools may choose to follow their own criteria for choosing students that will be awarded with honors in a program or course. These criteria should be made known to the students. If a private school fails to adopt a set of criteria, the following rules and guidelines will apply to clear any issues regarding graduation honors both in private and public TVET schools: He/she should take at least two thirds (66.7%) of the requirements in the curriculum. Complete and master the cluster of competencies required for the particular level of the program or course study within the standard curriculum years, and; Have no failing mark in any subject. Career Placement and Industrial Coordination

What happens when the trainees/students graduate? Every TVET school or institution will be encouraged to establish and maintain a job placement and industrial coordination office to improve the skills development programs of the school and to ensure the employment of its graduates. Who is in charge of career job placements and developments and what is it for? 72

It is that the office will be handled by a full time coordinator responsible for networking job information and making these information available to graduates. The job placement and industrial coordination office will have the following functions: - Keep and maintain updated information regarding job openings for both domestic and international demands. -  Network with the Department Department of Labor and Employment Employment and other agencies for possible linkages or supply of skilled workers here and abroad. - Keep and maintain updated personal information and employment record of its graduates. To perform all other functions that will ensure the employment of graduates.

Need to contact TESDA? Telephone Number: (632) 887-7777 Mobile Number: 0917-4794370 Email address: [email protected]

73

Salient Points of Other Pertinent Laws

The Campus Journalism Act of 1991 It is the declared policy of the State to uphold and protect the freedom of the press even at the campus level and to promote the development and growth of campus journalism as a means of strengthening ethical values, encouraging critical and creative thinking, and developing moral character and personal discipline of the Filipino youth. In furtherance of this policy, the State shall undertake various programs and projects aimed at improving the journalistic skills of students concerned and  promoting responsible and free free journalism. journalism.

Can the school administration interfere with the student publication? Publication –  Publication  –  A  A student publication is published by the student body through an editorial board and publication staff composed of students selected by fair and competitive examinations. Once the publication is established, its editorial board shall freely determine determine its editorial policies and manage the publications funds.

74

Can the school administration withhold the release of funds of the student publication? Funding of the school publication may include savings from respective school’s appropriation, student subscriptions, donations, and other sources of funds. In no instance shall the school administration withhold the release of funds intended for the student publication. Subscription fees collected  by the school administration shall be released released automatically automatically to the student publication concerned.

The Higher Education Modernization Act of 1997 It is the declared policy of the State to establish, maintain, and support a complete, adequate and integrated system of education relevant to the needs of the people and society. Towards this end, the composition of the governing boards of the chartered state universities and colleges is hereby modified modified in order to: a. achieve a more coordinated and integrated system of higher education  b. render them more effective in the formulation and implementation of policies on higher education c.  provide for more relevant relevant direction in governance governance;; and d. ensure enjoyment of academic freedom as guaranteed by the Constitution.

75

Who compose the Governing Board of HEIs? How are they appointed The Board of Regents (for universities) universities) and the Board of Trustees (for Colleges) Colleges) shall be the governing body of HEI, composed of:

1. Chairman of the Commission on Higher Education (CHED), Chairman 2. President of the University or College, Vice Chairman 3. Chairmen of the Congressional Committees on Education and Culture 4. Regional Director of National Economic Development Authority (NEDA) where the main campus is located 5. Regional Director of Department of Science and Technology (DOST) in case of science and technological colleges; Regional Director of the Department of Agriculture for agricultural colleges, or the Secretary of Education for an Autonomous Region. The commanding generals generals of Philippine Philippin e Air Force and the Philippine Navy shall sit as members of the Board of the Philippine State College of Aeronautics and the Philippine Merchant Marine Academy, respectively 6. President of the faculty association 7. President of the supreme student council, or the student representative elected by the student council 8. President of the alumni association 9. Two prominent citizens who have distinguished themselves in their professions or fields of specialization chosen chosen from a list of 5 76

 persons, as recommended by the search committee constituted constituted by the President.

What are Powers and duties of the Governing Board? 1. to absorb non-chartered tertiary institutions within their respective provinces in coordination with CHED and DBM 2. to establish research and extension centers 3. to establish chairs in the university or college and to provide fellowships for qualified faculty members and scholarships to deserving students 4. to delegate any of its powers and duties to the president and/or other officials of the university or college 5. to authorize an external management audit of the institution 6. to collaborate with other governing boards boards of SUCs 7. to enter into join ventures with business and industry for the  profitable development development and management management of economic assets of the college or institutions, proceeds from which to be used for the development and strengthening of the college or university 8. to develop consortia and other forms of linkages with different stakeholders 9. to develop academic arrangements for institution capability  building with with appropriate appropriate institutions 10. to set up the adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, etc.

77

11. to establish policy guidelines and procedures for participative decision-making and transparency within the institution 12. to privatize, where most advantageous to the institution, management of non-academic services such as health, food,  building or grounds or property maintenance maintenance and similar other objectives; objectives; and 13. to extend the term of the president of the college or university  beyond the age of retirement retirement but not later later that the age age of 70

Guarantee of Academic Freedom Pursuant to paragraph 2, sec. 5 of Article XIV of the Philippine Constitution, all institutions of higher learning, public or private, shall enjoy academic freedom and institutional autonomy (Sec. 11).

No discrimination in admission to schools!  No student shall be denied admission to any university or college by reasons of sex, nationality, religion, political affiliation, or physical disability (Section 12)

The Anti Hazing Law (RA 8049) Hazing, as defined in this act, is an initiation rite or practice as a  prerequisite  prerequisite for admission into membership membership in a fraternity, fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.

78

 No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.

Penalties Officers and members the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable, and suffer: 1. reclusion perpetual (life imprisonment), if hazing led to death, rape, sodomy or mutilation 2. 17 -20 years imprisonment, if hazing cause victim to become insane, imbecile, impotent or blind to imprisonment of 4-6 years, if victim sustained physical injuries

The Magna Carta of Women (RA 9710) The State recognized the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and development results and

79

outcome. Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that  perpetuate  perpetuate discrimination and inequality. inequality. The State condemns condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women.

What constitute discrimination against women? "Discrimination "Discrimination Against Women" refers to any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, economic, social, cultural, civil, or any other field. It includes any act or omission, including by law; policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges. A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or  privileges;  privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices.

What constitute violence against women? "Violence Against Women" refers to any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or 80

arbitrary deprivation of liberty, whether occurring in public or in private life. It shall be understood to encompass, but not limited to, the following: 1. Physical, sexual, psychological, and economic violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, and other traditional practices harmful to women, non-spousal violence, and violence related to exploitation; 2. Physical, sexual, and psycholog ps ychological ical violence occurring within the general community, including rape, sexual abuse, sexual harassment, and intimidation at work, in educational institutions and elsewhere, trafficking in women, and prostitution; and 3. Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it occurs.

Provisions against discrimination of women in education, scholarships and trainings  Equal Access and Elimination Elimination of Discrimination Discrimination in Education, Scholarships, Scholarships, and Training . 1. The State shall ensure that gender stereotypes and images in educational materials and curricula are adequately and appropriately revised. Gender-sensitive language shall be used at all times. Capacity-building on gender and development (GAD),  peace and human rights, education education for teachers, and all those involved in the education sector shall be pursued toward this end. Partnerships between and among players of the education sector, including the private sector, churches, and faith groups shall be encouraged. 2. Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be encouraged. 3. Expulsion and non-readmission of women faculty due to  pregnancy  pregnancy - outside of marriage shall be outlawed. outlawed. No school

81

shall turn out or refuse admission to a female student solely on the account of her having contracted pregnancy outside of marriage during her term in school.

Provisions for the Protection of Girl-children  Protection of of Girl-Children. Girl-Children. 1. The State shall pursue measures to eliminate all forms of discrimination against girl-children in education, health and nutrition, and skills development. development. 2. Girl-children shall be protected from all forms of abuse and exploitation. 3. Equal access of Moro and indigenous girl-children in the Madaris, schools of living culture and traditions, and the regular schools shall be ensured. 4. Gender-sensitive curriculum, including legal literacy, books, and curriculum in the Madaris and schools of living culture and traditions shall be developed. Sensitivity of regular schools to particular Moro and indigenous  practices,  practices, such as fasting in the month of Ramadan, choice of clothing (including the wearing of hijab), hijab), and availability of halal food shall be ensured.

Penalties for violations of the Magna Carta of Women The Commission on Human Rights shall serve as the Gender and Development Ombudsman. CHR shall establish guidelines and mechanisms, among others, that will facilitate access of women to legal remedies remedies under this Act and related laws, and enhance the protection and  promotion of the rights of women, especially especially the marginalized marginalized women. The CHR shall assist in the filing of cases against individuals, agencies and institutions, or establishments that violate the provisions of this Act. 82

CHR shall recommend penalties and sanctions for erring government institutions to the Civil Service Commission or the Department of Interior and local Government. The person directly responsible for the violation as well as the head of the agency or local chief executive shall  be held liable under this Act. If the violation is committed by a private entity or individual, the person directly responsible for the violation shall  be liable to pay damages. damages. Filing a complaint under this Act shall not preclude the offended  party from pursuing other remedies available available under the law and to invoke any of the provisions of existing laws especially those recently enacted laws protecting women and children.

83

STUDENTS RIGHTS AND WELFARE (STRAW) BILL

What are the rights that STRAW Bill guarantees? 1. 2.

3. 4. 5. 6. 7.

8. 9.

Right against discrimination in educational educational institutions Right to competent instruction and relevant quality education Rights in academic procedure and academic freedom Right to organize and right to establish a student council Right to representation and participation in policy-making bodies and processes Right to information Right to freedom of expression and to publish a school newspaper Right to due process Right to privacy

84

What is the STRAW Bill against? The STRAW Bill seeks to protect the students from unjust and inappropriate measures imposed in the campus to uphold dignity of the individual, the right to education, and to ensure the security of the students and the academic community. The STRAW Bill is against the following: Against discrimination on the basis of sex, gender, socioeconomic status, political and religious beliefs, ethnicity, or disability. Against denial of access to adequate welfare services and academic facilities. Against illegal searches and seizures. Against militarization of the school campus. Against tuition and/or school fee increase without due consultation. 



  

85

86

_________________________________________________ _________________________ ___________________________________________ ___________________ National Anti-Poverty Commission Youth and Students Sector National Anti-Poverty Commission Head Office LWUA Complex, Training Center Building, Balara, Quezon City, Philippines [email protected] / (02) 426-5028 www.antipovertyyouth.wordpress.com / www.napc.gov.ph

87