Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. ________

Introduced by KABATAAN PARTY-LIST Representative Sarah Jane I. Elago

AN ACT
PROVIDING FOR THE SAFE AND PHASED REOPENING OF SCHOOLS AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

It is the declared policy of the State to protect and promote the right of all citizens to quality
education at all levels, and take appropriate steps to make such education accessible to
all.

The COVID-19 public health emergency has worsened the pre-pandemic education
situation in the Philippines. Schools have remained closed since the government declared
a nationwide lockdown in March 2020. The abrupt shift to remote learning and teaching
has magnified the income and digital divide among students, teachers, and all other
stakeholders, thereby making quality education largely inaccessible amid the pandemic.
The prolonged school closures and never-ending lockdowns have affected not just
learning and teaching, it has also taken a toll on mental health and the total well-being.
Not everyone has conducive learning, teaching, and working spaces at home. Children
have suffered immensely from learning loss. Clearly, we are facing a major learning crisis
as much as we are in a major health crisis.

Based on World Bank (September 2020) and Asian Development Bank (December 2020)
reports, the estimated cost of school closure and learning loss due to the COVID-19
pandemic is about 16-point loss learning in terms of PISA scores, and up to $10 trillion
learning loss or 2.3% in lifetime learning of current students. In the Philippines, school
closures cost up to 1.9 trillion or 10% reduction in real GDP based on 2019 figures.

UNICEF and UNESCO (September 2021) reported that the Philippines was one of the
last two countries in the world with schools fully closed since the World Health
Organization declared COVID-19 a pandemic in March 2020.
This bill seeks to provide the framework and funding for the safe and phased reopening
of schools beginning from low risk areas.

Students and stakeholders have long been pushing for “#LigtasNaBalikEskwela” safe,
phased reopening of schools, limited face-to-face classes, “#10kStudentAid” education
aid as well as “#WalangIwanan” inclusive mechanisms to leave no student behind.

This representation, along with Rise for Education Alliance, Student Aid Network, and
various sectors of society, call on Congress to allocate sufficient budget to address these
demands, and for Malacañang to certify this bill as urgent and other much-needed, long
overdue ‘ayuda’ or relief measures.

While this representation continues to push for substantial public financing for
strengthening our healthcare system, expanding our public health service capacities,
ensuring expedient and transparent vaccination, mass testing, aggressive contact
tracing, among other scientific and medical solutions—which must be at the helm of
COVID-19 pandemic response—we, in Kabataan, believe that we must put forward and
fund no less for the safe and phased school reopening.

This representation believes that the needed funding is not only necessary but well within
our means if only the current administration is willing to forgo dubious allocations in the
billions for confidential and intelligence funds and other lump sums which are very prone
to misuse and abuse. The education of the present and the next generation deserves
more attention and much better policy and funding support.

In view of the foregoing, the passage of this bill is earnestly sought.

Rep. SARAH JANE I. ELAGO

Kabataan Party-List
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Third Regular Session

HOUSE BILL NO. ________

Introduced by KABATAAN PARTY-LIST Representative Sarah Jane I. Elago

AN ACT
PROVIDING FOR THE SAFE AND PHASED REOPENING OF SCHOOLS AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Short Title. – This act shall be known as the “Safe Schools
Reopening Bill."

SECTION 2. Declaration of Policy. – It is the policy of the State to uphold the

right to education, ensure its quality and accessibility at all levels, and allocate public
funding and resources accordingly.

SECTION 3. Implementation of the Program for Safe and Phased Reopening

of Schools. – It is hereby mandated that a program to enable the safe and phased
reopening of schools be instituted immediately at all levels of education amid the COVID-
19 pandemic: Provided further, that the safety of the educational institutions be based on
the risk assessment of their localities as per health and scientific standards. Commission
on Higher Education (CHED), Department of Education (DepEd), State Universities and
Colleges (SUCs), Local University and Colleges (LUCs), Department of Health (DOH),
and the Local Government Units (LGUs) will immediately implement policies in line with
this.

SECTION 4. Scope. – This will cover all public and private educational institutions
at primary, secondary, tertiary, and postgraduate levels.

SECTION 5. General Framework towards the Safe Resumption of Physical

Classes. – The National and Inter-Agency Task Force against COVID-19 shall be geared
to promote and support schools in the careful preparation and implementation of
prevention and mitigation strategies against the coronavirus.

Likewise, the LGUs and education stakeholders shall be enjoined in the conduct
of thorough and scientific risk assessments. A community-based, people-oriented,
grassroots-level response to the pandemic shall be in place. The students shall also be
included and involved in all levels of education-related pandemic response and recovery
steps, such as, but not limited to the crafting of roadmaps that address the particular
needs and conditions of their respective institutions and communities.

Allowing the physical use of school facilities such as libraries, laboratories,

computers, etc. shall be encouraged, in fact mandatory, as part of the initial phase of
gradual reopening of schools..

The scope of allowed courses, degree programs and forms of physical learning,
as recommended by schools upon consultation with education stakeholders, shall be
expanded. Extracurricular activities that abide with minimum health standards must be
allowed.

In adherence to UNICEF and UNESCO recommendations, schools must be the

last to close and the first to open, even in high-risk areas with the necessary protocols
and programs for mitigation and response in place. Beginning in low-risk areas, schools
must be provided with adequate water supply, health and safety facilities such as comfort
rooms, handwashing facilities, and school clinics, well-ventilated classrooms, posted
reminders/markings for proper physical distancing, school nurse, free face masks and
alcohol, proper training for all personnel on sanitation procedures, contingency plan for
suspect, probable and confirmed Covid-19 cases, among others.

For schools in high-risk areas, the respective schools and LGUs shall ramp up
programs on free and efficient testing, contact tracing and treatment, and free, safe and
accessible vaccination. Schools and LGU shall exhaust all possible mechanisms to
provide venues that allow physical learning among students and teachers.

With the phased and voluntary return of stakeholders in schools, continued support
for distance learning programs, such as free gadgets and stable internet connectivity to
students and teachers, remains urgent and necessary.

The emphasis will be on the quality of learning rather than the imposition of heavy
academic requirements and grading system. Academic easing shall also be implemented.
 SECTION 6. Specific Programs and Funding to Ensure the Safe and Phased
Reopening of Face-to-Face Classes. – To enable the safe and phased reopening of
classes, the following programs shall, at minimum, be funded and implemented:

a) Testing Program for Learners and Education Personnel. Testing of

personnel should be covered by PhilHealth; CHED and DepEd should have
a ready fund to test 1% of learners every 14 days.

Five hundred sixty-one million pesos (P561,000,000.00) for Higher

Education and Four billion three hundred thirty-nine million five hundred
thousand pesos (P4,339,500,000.00) for Basic Education is appropriated to
conduct the regular COVID-19 testing of learners and education personnel
every 14 days.

b) Priority Education Health Facilities and Supplies. CHED and DepEd shall
have additional fund allocations equivalent to P2.4 million per HEI and
school campus.

Five billion, Seven hundred fifty thousand pesos (P5,750,000,000.00) for

Higher Education and One hundred thirteen billion pesos
(P113,000,000,000.00) for Basic Education is appropriated for adequate
water supply, health and safety facilities such as comfort rooms,
handwashing facilities, and school clinics, well-ventilated classrooms,
posted reminders/markings for proper physical distancing, free face masks
and alcohol, and for other health facilities and supplies needed for
maintenance of the implementation of resumption of physical classes.

c) Hiring of Human Resources for Health. There must be an addition of at least

one (1) school nurse per HEI campus and per district.

Three hundred thirteen million, Five hundred Twenty Three thousand,

Three hundred fifty pesos (P313,523,350.00) for Higher Education and Nine
hundred Forty million One hundred thousand pesos (P940,100,000.00) for
Basic Education is hereby appropriated.

d) Internet Allowance for Teachers. There must be an allocation of Php 1,500

for a period of ten months to ensure internet connectivity of teachers at both
basic and higher levels of education for the continued distance learning
amid gradual reopening of schools.
 Two billion, One hundred ninety thousand pesos (P2,190,000,000.00) for
Higher Education and Twelve billion Five hundred thirty nine thousand, One
hundred sixty pesos (P12,539,160,000.00) for Basic Education is hereby
appropriated.

e) Devices for Teachers. There must be a subsidy of Php 25,000 for all
teachers without proper devices.

Seventeen billion, Three hundred thirty nine million, Six hundred twenty five
thousand pesos (P17,339,625,000.00) is appropriated and be made
available for the procurement of laptops for basic education teachers.

f) 25% Overtime Premium for Teachers. Teachers shall be compensated for

their overtime work as the current school calendar necessitates them to
render 77 more working days than the mandated 220 school days in a
school year. They shall be given fair compensation for their hours of service
especially with the lack of actual break for teachers since the intended break
was given to In-Service-Trainings, SLAC or LAC sessions and other
paperwork, and work-from-home arrangements for teachers do not follow
the eight-hour workday rule.

Twenty billion, Eight hundred twenty one milion, Six hundred twenty eight
thousand, Five hundred sixty four pesos and Eighty seven centavos
(P20,821,628,564.87) is appropriated to provide for the payment of 25%
premium on the salaries of basic education teachers to compensate for their
rendered overtime work.

g) Hazard Pay for Education Personnel. Teachers and non-teaching

personnel must be compensated for the risks they will be taking when they
perform their duties.

Three Hundred Fifty Million Pesos (Php 350,000,000.00) is appropriated as

a ready fund for CHED to provide hazard pay for education personnel, while
Two Billion Pesos (Php 2,000,000,000.00) is allocated as a ready fund for
DepEd for the same program.

h) Medical Fund for Free Treatment. There shall also be a ready fund for both
basic and higher education to ensure the treatment of teaching and non-
teaching personnel who contract COVID-19 will be paid for by the state.
 Three Hundred Fifty Million Pesos (Php350,000,000.00) for CHED and Two
Billion Pesos (Php 2,000,000,000.00) for DepEd will be appropriated as a
ready fund for this purpose.

i) Overload Pay. There must be proper compensation for the overloading of

teachers beyond their usual teaching load.

Two Billion Pesos (Php 2,000,000,000.00) shall be allocated for the

immediate compensation of teachers at the basic education level with class
overloads.

The sum of One hundred Eighty-four Billion, Four hundred Ninety four
Million, Five hundred Thirty six Thousand, Nine hundred Fourteen Pesos and
Eighty seven centavos (P184,494,536,914.87) is hereby appropriated to the
Development of Education, Commission on Higher Education and PhilHEALTH for
the implementation of this Section.

This section shall lose its operative force upon full utilization of the funds
appropriated therefor.

SECTION 7. Protection of Democratic Rights and Welfare of the Education

Sector. – Upon effectivity of this Act, the democratic rights and welfare of students,
teachers and staff shall be guaranteed through various democratic and inclusive means
and spaces, such as, but not limited to:

(a) At the school and community level, ensure genuine participation of

students, parents, teaching and non-teaching personnel and the
representatives of immediate communities in committee meetings and
planning;
(b) Guarantee financial autonomy and independent operations of student
councils/governments, publications and organizations;
(c) Support the needs for physical, mental, and emotional health;
(d) Provide adequate, accessible psychosocial services and counseling;
(e) Uphold academic freedom, institutional autonomy, and schools as zones of
peace by:
(i) Prohibiting the police, military, and other law enforcement forces and
agents from entering schools and conducting fora that endanger the
safety and security of education stakeholders;
(ii) Activating mechanisms against sexual harassment and in-campus
violence; among others.
 SECTION 8. Prohibited Acts. – Upon effectivity of this Act, it shall be unlawful for
any person and/or any learning institution to:

(a) Impose additional rates on the tuition and/or other school fees being
charged to its students under a State of Calamity and/or Public Health
Emergency;
(b) Unlawfully appropriate said funding for purposes other than those specified
in this Act: Provided, That the criminal offense arising from the violation of
this Section does not preclude the criminal offenses that may be charged
under the Revised Penal Code and other special laws;
(c) Allow entry in schools and the conduct of fora of police, military, and other
law enforcement forces and agents, who endanger the safety and security
of education stakeholders based on national and international laws and
agreements.

SECTION 9. Penalties. – A violation as enumerated under Section 8 of this Act

shall be meted a penalty of imprisonment of not less than six (6) months but not more
than one (1) year or a fine of not less than Twenty thousand pesos (Php 20,000.00) but
not more than One hundred thousand pesos (Php 100,000.00), or both, at the discretion
of the court. In case of a university, college or any other judicial entity, the penalty shall
be imposed on the president, treasurer or the officer or person responsible for the
violation.

SECTION 10. Sources of Funding.

(a) For the implementation of Section 6 of this Act, funded shall be sourced
from the following:

(i) 2021 General Appropriations Act (GAA): Provided, That funds for the
herein authorized programs, activities and projects (P/A/Ps) shall be
sourced primarily from the unprogrammed funds and savings
realized from modified, realigned, or reprogrammed allocations for
operational expense of any government agency or instrumentality
under the Executive Department, including, but not limited to,
traveling expenses, supplies and materials, expenses, professional
services, infrastructure projects, general services, advertising
expenses, printing and publication expenses, and other maintenance
and operating expenses in the 2022 GAA: Provided, That such
discontinued P/A/Ps do not support the objectives of economic
 stimulus and recovery for having low labor intensity or low multiplier
effects: Provided, further, That infrastructure, having the highest
multiplier effect can only be discontinued when all other funds,
including unobligated allotments and unreleased appropriations,
have been exhausted.

(ii) Savings pooled pursuant to Republic Act No. 11469, otherwise

known as the “Bayanihan to Heal as One Act” and Republic Act No.
11494, otherwise known as “Bayanihan to Recover as One Act”;

(iii) Excess revenue collections in any one of the identified tax or non-tax
revenue sources from its corresponding revenue collection target, as
provided in the FY 2021 Budget of Expenditures and Sources of
Financing (BESF);

(iv) New revenue collections or those arising from new tax or non-tax
sources which are not part of nor included in the original sources
included in the FY 2021 BESF;

(v) Any unutilized or unreleased balance in special purpose funds

(SPFs) shall be considered to have their purpose abandoned as
declared by the President. All such unspent, unutilized, or
unreleased money or funds sourced from SPFs shall be utilized and
are hereby appropriated for such measures to accomplish the
declared national policy herein;

(vi) Cash, funds, and investments held by any GOCC or any National
Government Agency: Notwithstanding any law to the contrary, the
President is hereby authorized to allocate cash, funds, investments,
including unutilized or unreleased subsidies and transfers, held by
any GOCC or any National Government Agency; and

(vii) Unused appropriation for debt servicing: Notwithstanding any law to

the contrary, the President may direct the discontinuance of
unutilized automatic appropriations for debt service and available
appropriation for redemption of maturing government securities and
use the savings generated therefrom to augment the allocation for
any item necessary for the purposes identified in this Act. All
amounts so reprogrammed, reallocated, or realigned shall be
deemed automatically appropriate for the said purposes: Provided,
 That for interest payments, the savings will be generated from the
unused appropriations after actual payment of interest per month as
reported by the Bureau of Treasury to the DBM: Provided further,
That for principal repayment the savings will be generated from the
funds freed up as a result of a debt exchange by the Bureau of
Treasury.

(b) For succeeding implementation of this Act, the amounts necessary to carry
out the provisions of this Act shall be included in the annual General
Appropriations Act (GAA) and shall be appropriated under SUCs, CHED,
DepEd and TESDA in accordance with the provisions of this Act.

SECTION 14. Implementing Rules and Regulations. – Upon enactment of this

Act, a task force shall be created in charge of the promulgation of the Implementing Rules
and Regulations (IRR) needed for the implementation of the relevant provisions of this
Act. This task force shall be led by representatives of the Department of Education and
Commission on Higher Education, and composed of following members: (1) National
Youth Commission; (2) a representative from the Philippine Association of State
Universities and Colleges; (3) a representative from the Coordinating Council of Private
Educational Associations; (4) a representative from the Association of Local Colleges and
Universities; (5) representatives from the Student Regents’ Federation and student
councils; and (6) representatives from the National Youth and Student Organizations and
Formations: Provided, That the committee shall finish and promulgate the IRR within thirty
(30) days after the effectivity of this Act.

SECTION 15. Reporting to Congress. – The implementing agencies shall submit,

in either printed form or by way of electronic document, to the Joint Congressional
Oversight Committee, the House Committee on Appropriations, the Senate Committee
on Finance and the Commission on Audit, the monthly reports regarding the
implementation of this Act. The quarterly reports shall likewise be uploaded on the official
website of the respective implementing agencies.

SECTION 16. Separability clause. – If, for any reason or reasons, any part or
provision of this Act shall be declared as unconstitutional or invalid, the other parts or
provisions hereof which are not affected thereby shall continue to be in full force and
effect.

SECTION 17. Repealing clause. – All provisions of existing laws, orders, rules
and regulations or parts thereof which are in conflict or inconsistent with the provisions of
this Act are hereby repealed, amended or modified accordingly.
 SECTION 18. Effectivity clause. – This Act shall take effect immediately upon its
publication in the Official Gazette or in at least two (2) newspapers of general circulation
in the Philippines.