Legal Problems and Issues in

Education (EDUC 606)

EDUCATION ACT OF 1982

Education Act of 1982
Batas Pambansa Blg. 232 (Sept. 11, 1982)
An act providing for the
establishment and
maintenance of an
integrated system of
education.

In accordance with
Section 2, this act shall
apply to and govern both
formal and non-formal
system in public and
private schools in all
levels of the entire
educational system.
Declaration of Basic Policy
(Chapter 2, Sec. 3)

To achieve and maintain an accelerating rate of

economic development and social progress.

To assure the maximum participation of all the people

in the attainment and enjoyment of the benefits of
such growth.

To achieve and strengthen national unity and

consciousness and preserve, develop and promote
desirable cultural, moral and spiritual values in
changing world.
RIGHTS
Chapter 2
Rights of Parents
(Chapter 2, Sec. 8)
Organize by themselves
and/or with teachers for the
purpose of discussion of
matters relating to the total
school program

To have access to any official

records relating to the
children who are under their
parental responsibility
Rights of Students in School
(Chapter 2, Sec. 9)

Right to school guidance and

counselling services

Right to access to his owns

school records and the
confidentiality of it

Right to issuance of official

school certificates within thirty
days from request

Right to publish a student

newspaper and invite resource
persons during school activities
Cont...

Rights of Students in School

(Chapter 2, Sec. 9)
Right to free expression of
opinions and suggestions

Right to form or establish, join

and participate in organizations
and societies recognized by the
school

Right to be free from

involuntary contributions
except those approved by their
organizations and societies
Rights of all School Personnel
(Chapter 2, Sec. 10)

Right to free expressions of

opinions and suggestions

Right to be provided with free

legal services when charged in
administrative, civil or criminal
proceedings

Right to establish or join labor

organizations

Right to be free from

involuntary contributions
Special Rights and Privileges of Teaching and Academic
Staff
(Chapter2, Sec. 11)

Right to be free from compulsory

assignments not related to their
duties as defined in their
appointments or employment
contracts

Right to intellectual property

Teachers are person in authority

when in lawful discharge of
duties and responsibilities

Teachers shall be given opportunity to

choose career alternatives for advancement
Rights of School Administrators
(Chapter 2, Sec. 12)

School administrators shall be

deemed persons in authority while in
the lawful discharge of their duties
and responsibilities

The right of their governing boards

The right of institutions of higher

learning to determine on academic
grounds who shall be admitted to
study, who may teach and who shall
be the subjects of the study and
research
Rights of Schools
(Chapter 2, Sec. 13)

Right of school governing boards

to provide for the proper
governance of the school

Right of school to determine

academic grounds who shall be
admitted to study, who may
teach, and what shall be
subjects of the study and
research
 The Educational Systems

Elementary Education

Secondary Education

FORMAL EDUCATION Tertiary Education

Special Education

SPECIALIZED
Non-Formal
EDUCATIONAL Education
SERVICES
DUTIES AND OBLIGATIONS
Chapter 3
Duties of Parents
(Chapter 3, Sec.14)
Parents shall help carry out the
educational objectives in
accordance with national goals

Parents shall be obliged to

enable their children to obtain
education

Parents shall cooperate with the

school in the implementation of
the school program and
curriculum
Duties of Students
(Chapter 3, Sec. 15)

Develop his potential through

education to become an asset to his
family and to society

Uphold the academic integrity of the

school and abide the rules and
regulations governing his academic
responsibilities
Participate actively in the civic
affairs and in the promotion of the
general welfare
Exercise his rights responsibly
Teacher’s Obligation
(Chapter 3, Sec. 16)

Perform his duties to the school in

accordance with the philosophy,
goals and objectives of the school

Be accountable for the efficient and

effective attainment of specified
learning objectives

Render regular reports on

performance of each student
Cont...

Teacher’s Obligation
(Chapter 3, Sec. 16)

Maintain and sustain his personal

growth and professionalism at all
times

Refrain from making deductions in

student’s scholastic rating for acts
that are clearly manifestations of
poor scholarship

Participate as an agent of change in

school and community
School Administrator’s Obligations
(Chapter 3, Sec. 17)
Be accountable for the efficient and
effective school administration

Develop and maintain a healthy

school atmosphere
Assume and maintain professional
behavior in his work

Render adequate reports to all

persons involve in the school staffs
Observe due process in disciplining
his teachers and other personnel
Maintain school records and submit
required reports to CHED & DepEd
Establishment of Schools

Sec. 27 - Recognition of Schools

Sec. 29 – Voluntary Accreditation

INTERNAL ORGANIZATION OF SCHOOLS
Chapter 4
Internal Organization of Schools

Sec. 30 – Organization of Schools

Sec. 31 – Governing Board

Sec. 32 – Personnel Transactions

SCHOOL FINANCE AND ASSISTANCE
Chapter 5
School Finance and Assistance

Sec. 34 to 39 – Funding of Republic

Schools
Sec. 40 to 44 – Funding of Private
Schools

Sec. 45 to 50 – Incentives to Education

Sec. 51 to 53 – Assistance to Students

IV. The Ministry of
Education, Culture and Sports

Sections 55 to 58
It provides the composition of
the Board of Ministry, its
functions and Powers.
Functions and Powers of the
Ministry:
1. Formulate general education objectives and policies, and adopt long-
range educational plans;
2. Plan, develop and implement programs and projects in education and
culture;
3. Promulgate rules and regulations necessary for the administration,
supervision and regulation of the educational system in accordance with
declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the
various cultural agencies under it;
6. Coordinate and work with agencies concerned with the educational
and cultural development of the national cultural communities; and
7. Recommend and study legislation proposed for adoption.
Board of Higher Education
Sec 59 to 61 which provides the composition of the
Board of Higher Education reconstituted as an
advisory body to the Minister of Education, Culture
and Sports.
Function of the Board of Higher Education
1. Make policy recommendations regarding the planning and
management of the integrated system of higher education and the
continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps
to improve the governance of the various components of the higher
education system at national and regional levels.
3. Assist the Minister of Education, Culture and Sports in making
recommendation relatives to the generation of resources and their
allocation for higher education.
 Chapter 3 – The Bureaus
Section 62 -66
Section 62Function of Bureau of Elementary
Educationf the
1. Conduct studies and formulate, develop, and evaluate
programs and educational standards for elementary
education;
2. Undertake studies necessary for the preparation of
prototype curricular designs, instructional materials, and
teacher training programs for elementary education; and
3. Formulate guidelines to improve elementary school
physical plants and equipment, and general management
of these schools.
 Chapter 3 – The Bureaus
Section 62 -66
Section 63 Function of Bureau of Secondary
Education
1. Conduct studies and formulate, develop and evaluate
programs and educational standards for secondary
education;
2. Develop curricular designs, prepare instructional
materials, and prepare and evaluate programs to update
the quality of the teaching and non-teaching staff at the
secondary level;
3. Formulate guidelines to improve the secondary school
physical plants and equipment, and general management
of these schools.
 Chapter 3 – The Bureaus
Section 62 -66

Section 64 Function of Bureau of Technical and

Vocational Education
1. Collaborate with other agencies in the formulation of manpower
plans;
2. Conduct studies, formulate, develop and evaluate post-secondary
vocational-technical programs and recommend educational
standards for these programs;
3. Develop curricular designs and prepare instructional materials,
prepare and evaluate programs to upgrade the quality of teaching
and non-teaching staff, and formulate guidelines to improve the
physical plant and equipment of post-secondary vocational-technical
schools.
 Chapter 3 – The Bureaus
Section 62 -66
Section 65 Function of Bureau of Higher
Education

1. Develop, formulate and evaluate programs, projects and

educational standards for a higher education;
2. Provide staff assistance to the Board of Higher Education in its
policy formulation and advisory functions;
3. Provide technical assistance to encourage institutional
development programs and projects;
4. Compile, analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.
 Chapter 3 – The Bureaus
Section 62 -66
Section 66 Function of Bureau of Continuing
Education

1. Serve as a means of meeting the learning needs of those unable to

avail themselves of the educational services and programs of formal
education;
2. Provide opportunities for the acquisition of skills necessary to
enhance and ensure continuing employability, efficiency,
productivity, and competitiveness in the labor market;
3. Serve as a means for expanding access to educational
opportunities to citizens of varied interests, demographic
characteristics and socio-economic origins or status.
Chapter 4 Regional Offices

Section 67 – Functions of the Regional

Office:
1. Formulate the regional plan of education based
on the national plan of the Ministry taking into
account the specific needs and special traditions of
the region;
2. Implement education laws, policies, plans,
programs, rules and regulations of the Ministry or
agency in the regional area;
3. Provide economical, efficient and effective
education services to the people in the area.
Chapter 5 Miscellaneous
Provisions

Section 68 to 69 – Penal
Adminstrative Sanctions
THANK YOU!!!