Republic Act No.

9155 The State shall encourage local initiatives for improving the
quality of basic education. The State shall ensure that the
AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCE values, needs and aspirations of a school community are
FOR BASIC EDUCATION, ESTABLISHING AUTHORITY AND reflected in the program of education for the children, out-of-
ACCOUNTABILITY, RENAMING THE DEPARTMENT OF school youth and adult learners. Schools and learning centers
EDUCATION, CULTURE AND SPORTS AS THE shall be empowered to make decisions on what is best for the
DEPARTMENT OF EDUCATION, AND FOR OTHER learners they serve.
PURPOSES
SEC. 3. Purposes and Objectives. – The purposes and
Be it enacted by the Senate and House of Representatives of objectives of this Act are:
the Philippines in Congress assembled:
(a) To provide the framework for the governance of basic
SECTION 1. Short Title. – This Act shall be known as the education which shall set the general directions for
“Governance of Basic Education Act of 2001.” educational policies and standards and establish authority,
accountability and responsibility for achieving higher learning
SEC. 2. Declaration of Policy. – It is hereby declared the policy outcomes;
of the State to protect and promote the right of all citizens to
quality basic education and to make such education (b) To define the roles and responsibilities of, and provide
accessible to all by providing all Filipino children a free and resources to, the field offices which shall implement
compulsory education in the elementary level and free educational programs, projects and services in communities
education in the high school level. Such education shall also they serve;
include alternative learning systems for out-of-school youth
and adult learners. It shall be the goal of basic education to (c) To make schools and learning centers the most important
provide them with the skills, knowledge and values they need vehicle for the teaching and learning of national values and
to become caring, self- reliant, productive and patriotic for developing in the Filipino learners love of country and
citizens. pride in its rich heritage;

The school shall be the heart of the formal education system. (d) To ensure that schools and learning centers receive the
It is where children learn. Schools shall have a single aim of kind of focused attention they deserve and that educational
providing the best possible basic education for all learners. programs, projects and services take into account the
interests of all members of the community;
Governance of basic education shall begin at the national
level. It is at the regions, divisions, schools and learning (e) To enable the schools and learning centers to reflect the
centers — herein referred to as the field offices — where the values of the community by allowing teachers/learning
policy and principle for the governance of basic education facilitators and other staff to have the flexibility to serve the
shall be translated into programs, projects and services needs of all learners;
developed, adapted and offered to fit local needs.
(f) To encourage local initiatives for the improvement of
schools and learning centers and to provide the means by
which these improvements may be achieved and sustained; (e) Informal Education – is a lifelong process of learning by
and which every person acquires and accumulates knowledge,
skills, attitudes and insights from daily experiences at home,
(g) To establish schools and learning centers as facilities at work, at play and from life itself;
where schoolchildren are able to learn a range of core
competencies prescribed for elementary and high school (f) Integrated Schools – is a school that offers a complete
education programs or where the out-of-school youth and basic education in one school site and has unified
adult learners are provided alternative learning programs and instructional programs;
receive accreditation for at least the equivalent of a high
school education. (g) Learner – is any individual seeking basic literacy skills and
functional life skills or support services for the improvement
Sec. 4. Definition of Terms. – For purposes of this Act, the of the quality of his/her life;
terms or phrases used shall mean or be understood as
follows: (h) Learning Center – is a physical space to house learning
resources and facilities of a learning program for out-of-school
(a) Alternative Learning System – is a parallel learning system youth and adults. It is a venue for face-to-face learning
to provide a viable alternative to the existing formal education activities and other learning opportunities for community
instruction. It encompasses both the non-formal and informal development and improvement of the people’s quality of life;
sources of knowledge and skills;
(i) Learning Facilitator – is the key-learning support person
(b) Basic Education – is the education intended to meet basic who is responsible for supervising/facilitating the learning
learning needs which lays the foundation on which process and activities of the learner;
subsequent learning can be based. It encompasses early
childhood, elementary and high school education as well as (j) Non-Formal Education – is any organized, systematic
alternative learning systems for out-of-school youth and adult educational activity carried outside the framework of the
learners and includes education for those with special needs; formal system to provide selected types of learning to a
segment of the population;
(c) Cluster of Schools – is a group of schools which are
geographically contiguous and brought together to improve (k) Quality Education – is the appropriateness, relevance and
the learning outcomes; excellence of the education given to meet the needs and
aspirations of an individual and society;
(d) Formal Education – is the systematic and deliberate
process of hierarchically structured and sequential learning (l) School – is an educational institution, private and public,
corresponding to the general concept of elementary and undertaking educational operation with a specific age-group
secondary level of schooling. At the end of each level, the of pupils or students pursuing defined studies at defined
learner needs a certification in order to enter or advance to levels, receiving instruction from teachers, usually located in
the next level; a building or a group of buildings in a particular physical or
cyber site; and
(m) School Head – is a person responsible for the Sec. 7. Powers, Duties and Functions. – The Secretary of the
administrative and instructional supervision of the school or Department of Education shall exercise overall authority and
cluster of schools. supervision over the operations of the Department.

CHAPTER 1 A. National Level

Governance of Basic Education In addition to his/her powers under existing laws, the
Secretary of Education shall have authority, accountability
Sec. 5. Principles of Shared Governance. – (a) Shared and responsibility for the following:
governance is a principle which recognizes that every unit in
the education bureaucracy has a particular role, task and (1) Formulating national educational policies;
responsibility inherent in the office and for which it is
principally accountable for outcomes; (2) Formulating a national basic education plan;

(b) The process of democratic consultation shall be observed (3) Promulgating national educational standards;
in the decision-making process at appropriate levels.
Feedback mechanisms shall be established to ensure (4) Monitoring and assessing national learning outcomes;
coordination and open communication of the central office
with the regional, division and school levels; (5) Undertaking national educational research and studies;

(c) The principles of accountability and transparency shall be (6) Enhancing the employment status, professional
operationalized in the performance of functions and competence, welfare and working conditions of all personnel
responsibilities at all levels; and of the Department; and

(d) The communication channels of field offices shall be (7) Enhancing the total development of learners through
strengthened to facilitate flow of information and expand local and national programs and/or projects.
linkages with other government agencies, local government
units and nongovernmental organizations for effective The Secretary of Education shall be assisted by not more than
governance; four (4) undersecretaries and not more than four (4) assistant
secretaries whose assignments, duties and responsibilities
Sec. 6. Governance. – The Department of Education, Culture shall be governed by law. There shall be at least one
and Sports shall henceforth be called the Department of undersecretary and one assistant secretary who shall be
Education. It shall be vested with authority, accountability career executive service officers chosen from among the staff
and responsibility for ensuring access to, promoting equity in, of the Department.
and improving the quality of basic education. Arts, culture
and sports shall be as provided for in Sections 8 and 9 hereof. B. Regional Level

There shall be as many regional offices as may be provided by

law. Each regional office shall have a director, an assistant
director and an office staff for program promotion and (10) Evaluating all schools division superintendents and
support, planning, administrative and fiscal services. assistant division superintendents in the region;

Consistent with the national educational policies, plans and (11) Planning and managing the effective and efficient use of
standards, the regional director shall have authority, all personnel, physical and fiscal resources of the regional
accountability and responsibility for the following: office, including professional staff development;

(1) Defining a regional educational policy framework which (12) Managing the database and management information
reflects the values, needs and expectations of the system of the region;
communities they serve;
(13) Approving the establishment of public and private
(2) Developing a regional basic education plan; elementary and high schools and learning centers; and

(3) Developing regional educational standards with a view (14) Performing such other functions as may be assigned by
towards benchmarking for international competitiveness; proper authorities.

(4) Monitoring, evaluating and assessing regional learning C. Division Level

outcomes;
A division shall consist of a province or a city which shall have
(5) Undertaking research projects and developing and a schools division superintendent, at least one assistant
managing regionwide projects which may be funded through schools division superintendent and an office staff for
official development assistance and/or other funding programs promotion, planning, administrative, fiscal, legal,
agencies; ancillary and other support services.

(6) Ensuring strict compliance with prescribed national Consistent with the national educational policies, plans and
criteria for the recruitment, selection and training of all staff standards, the schools division superintendents shall have
in the region and divisions; authority, accountability and responsibility for the following:

(7) Formulating, in coordination with the regional (1) Developing and implementing division education
development council, the budget to support the regional development plans;
educational plan which shall take into account the
educational plans of the divisions and districts; (2) Planning and managing the effective and efficient use of
all personnel, physical and fiscal resources of the division,
(8) Determining the organization component of the divisions including professional staff development;
and districts and approving the proposed staffing pattern of
all employees in the divisions and districts; (3) Hiring, placing and evaluating all division supervisors
and schools district supervisors as well as all employees in
(9) Hiring, placing and evaluating all employees in the the division, both teaching and non-teaching personnel,
regional office, except for the position of assistant director;
including school heads, except for the assistant division (3) Performing such other functions as may be assigned by
superintendent; proper authorities.

(4) Monitoring the utilization of funds provided by the E. School Level

national government and the local government units to the
schools and learning centers; There shall be a school head for all public elementary schools
and public high schools or a cluster thereof. The
(5) Ensuring compliance of quality standards for basic establishment of integrated schools from existing public
education programs and for this purpose strengthening the elementary and public high schools shall be encouraged.
role of division supervisors as subject area specialists;
The school head, who may be assisted by an assistant school
(6) Promoting awareness of and adherence by all schools and head, shall be both an instructional leader and administrative
learning centers to accreditation standards prescribed by the manager. The school head shall form a team with the school
Secretary of Education; teachers/learning facilitators for delivery of quality
educational programs, projects and services. A core of non-
(7) Supervising the operations of all public and private teaching staff shall handle the school’s administrative, fiscal
elementary, secondary and integrated schools, and learning and auxiliary services.
centers; and
Consistent with the national educational policies, plans and
(8) Performing such other functions as may be assigned by standards, the school heads shall have authority,
proper authorities. accountability and responsibility for the following:

D. Schools District Level (1) Setting the mission, vision, goals and objectives of the
school;
Upon the recommendation of the schools division
superintendents, the regional director may establish (2) Creating an environment within the school that is
additional schools district within a schools division. Schools conducive to teaching and learning;
districts already existing at the time of the passage of this law
shall be maintained. A schools district shall have a schools (3) Implementing the school curriculum and being
district supervisor and an office staff for program promotion. accountable for higher learning outcomes;

The schools district supervisor shall be responsible for: (4) Developing the school education program and school
improvement plan;
(1) Providing professional and instructional advice and
support to the school heads and teachers/facilitators of (5) Offering educational programs, projects and services
schools and learning centers in the district or cluster thereof; which provide equitable opportunities for all learners in the
community;
(2) Curricula supervision; and
(6) Introducing new and innovative modes of instruction to No appointment to the positions of regional directors,
achieve higher learning outcomes; assistant regional directors, schools division superintendents
and assistant schools division superintendents shall be made
(7) Administering and managing all personnel, physical and unless the appointee is a career executive service officer who
fiscal resources of the school; preferably shall have risen from the ranks.

(8) Recommending the staffing complement of the school CHAPTER 2

based on its needs;
Transfer of Cultural Agencies
(9) Encouraging staff development;
Sec. 8. Cultural Agencies. – The Komisyon ng Wikang Pilipino,
(10) Establishing school and community networks and National Historical Institute, Record Management and
encouraging the active participation of teachers organizations, Archives Office and the National Library shall now be
non-academic personnel of public schools, and parents- administratively attached to the National Commission for
teachers-community associations; Culture and the Arts (NCCA) and no longer with the
Department of Education. The program for school arts and
(11) Accepting donations, gifts, bequests and grants for the culture shall remain part of the school curriculum.
purpose of upgrading teachers’/learning facilitators’
competencies, improving and expanding school facilities and CHAPTER 3
providing instructional materials and equipment. Such
donations or grants must be reported to the appropriate Abolition of the Bureau of Physical Education and School
district supervisors and division superintendents; and Sports

(12) Performing such other functions as may be assigned by Sec. 9. Abolition of BPESS. – All functions, programs and
proper authorities. activities of the Department of Education related to sports
competition shall be transferred to the Philippine Sports
The Secretary of Education shall create a promotions board, Commission (PSC). The program for school sports and
at the appropriate levels, which shall formulate and physical fitness shall remain part of the basic education
implement a system of promotion for schools division curriculum.
supervisors, schools district supervisors, and school heads.
Promotion of school heads shall be based on educational The Bureau of Physical Education and School Sports (BPESS)
qualification, merit and performance rather than on the is hereby abolished. The personnel of the BPESS, presently
number of teachers/learning facilitators and learners in the detailed with the PSC, are hereby transferred to the PSC
school. without loss of rank, including the plantilla positions they
occupy. All other BPESS personnel shall be retained by the
The qualifications, salary grade, status of employment and Department.
welfare and benefits of school heads shall be the same for
public elementary, secondary and integrated schools. CHAPTER 4
 Support and Assistance of Other Government Agencies divisions, districts, schools and learning centers in the region
as may be provided in the Organic Act without prejudice to
Sec. 10. The Secretary of Education and the Secretary of the provisions of Republic Act No. 9054, entitled “An Act to
Budget and Management shall, within ninety (90) days from Strengthen and Expand the Organic Act for the Autonomous
the approval of this Act, jointly promulgate the guidelines on Region in Muslim Mindanao, Amending for the Purpose
the allocation, distribution and utilization of resources Republic Act No. 6734, entitled ‘An Act Providing for the
provided by the national government for the field offices, Autonomous Region in Muslim Mindanao, as amended.'”
taking into consideration the uniqueness of the working
conditions of the teaching service. Sec. 14. Rules and Regulations. – The Secretary of Education
shall promulgate the implementing rules and regulations
The Secretary of the Department of Education shall ensure within ninety (90) days after the approval of this
that resources appropriated for the field offices are adequate Act: Provided, That, the Secretary of Education shall fully
and that resources for school personnel, school desks and implement the principle of shared governance within two (2)
textbooks and other instructional materials intended are years after the approval of this Act.
allocated directly and released immediately by the Department
of Budget and Management to said offices. Sec. 15. Separability Clause. – If for any reason, any portion
or provision of this Act shall be declared unconstitutional,
Sec. 11. The Secretary of the Department of Education, other parts or provisions hereof which are not affected thereby
subject to civil service laws and regulations, shall issue shall continue to be in full force and effect.
appropriate personnel policy rules and regulations that will
best meet the requirements of the teaching profession taking Sec. 16. Repealing Clause. – All laws, decrees, executive
into consideration the uniqueness of the working conditions of orders, rules and regulations, part or parts thereof,
the teaching service. inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly.
Sec. 12. The Commission on Audit, in the issuance of audit
rules and regulations that will govern the utilization of all Sec. 17. Effectivity Clause. – This Act shall take effect fifteen
resources as well as the liquidation, recording and reporting (15) days following its publication in at least two (2)
thereof, shall take into account the different characteristics newspapers of general circulation.
and distinct features of the department’s field offices, its
organizational set-up as well as the nature of the operations Lapsed into law on August 11, 2001 without the President’s
of schools and learning centers. signature, pursuant to Sec. 27(1), Article VI of the
Constitution.
CHAPTER 5

Final Provisions

Sec. 13. Governance in the ARMM. – The Regional Education

Secretary for the Autonomous Region in Muslim Mindanao
(ARMM) shall exercise similar governance authority over the