CHAPTER IVLEGAL BASES OF SCHOOL

ADMINISTRATIONAND SUPERVISION

 Melchora Miriam S. Villena

Educ. 503

HISTORICAL SKETCH

The Administration and Supervision of the Philippines government in the early part of American regime was entrusted to the Philippine Commission appointed by the president of the United States. The Second Commission, headed by William H. Taft, was created in 1901. To cooperate with militaries authorities in the islands and to open the way for the establishment of the civil government. All legislative function of the military government were transferred to the Second Philippine Commission.

LAWS RELATED TO SCHOOL ADMINISTRATION AND SUPERVISION

School laws give authority, purpose and direction to school administrators, supervisors, and classroom teachers. The legal enactments in this country which has bearing on the status of school administration and supervision are the following:

Laws Related to School Organization and Control

The Philippine Constitution – The most important legal basis of the administration and supervision is found in certain provision of the Philippine Constitution. Section 8 of Article XV state that “all educational institutions shall be under the supervision of and subject regulation by the states”.

Act No. 74 of the Philippine Commission – The administration of the Philippine Government during the early part of the American occupation was in the hands of the Philippine commission whose members were appointed by the President of the United States. The commission on January 21, 1901, passed Act No. 74, Section 1 of which established a Department of Public Instruction, which has executive control and general suppervision of all schools already established by the Military authorities

Commonwealth Act No. 180 – This Act is the present basic law governing private education in this country. It amended act No. 2706 which provided for the government regulation and suprvision of private schools, colleges and universities.

Commonwealth Act No. 586 – This Act is known as the Educational Act of 1940 which provides the legal basis of the present six-year elementary course, the double-single session, the school entrance ages, and national support of elementary education.

Republic Act No. 896 – This Act is known as the Elementary School Act of 1953. This new law restore Grade 7 VII which was aboloshed by the Education Act 1940.

Executive Order No. 94 – (Based on upon the Reorganization Act of 1947). This law gives the Secretary of Education executive supervision over the Bureau of Public School and the Bureau of Private Schools, the Bureau of Public libraries, the Institute of national language, and the Philippine Historical Committee.

Republic Act No. 1124 – This Act created by the Board of Education, According to this law, the Board of the National Education is a policy making body.

Republic Act No. 4272 – This Act reduced the number of members of the Board under Republic Act No. 1124 from 15 members to 8 members. The old Board of National Education of 15 members has been inoperative for several years. It was only July 1967 that the new board of eight members under the new law (R.A 4572) was reconstituted.

Republic Act No. 5447 – This law is otherwise known as Special Education Fund Act. This law provides an annual additional tax of one percent of the assessed value of real property tax.

Presidential Decree No. 1 – This decree made a thorough going revamp of the executive branch of the government.

Presidential Decree No. 176 – This control and administration of all educational institutions already established or here after to be established in the Philippines shall be vested in the citizens of the Philippines. Membership in governing bodies or boards of such educational institutions shall be vested in the citizens of the Philippines.

Laws Related to Teaching PersonnelCommonwealth Act No. 117 – This Act places the public school teachers

under Civil Rules and Regulations as to their examination, appoinment, tranfer, seperation, suspension, and reinstatement. This Act also protects tenure of office.

Commonwealth Act No. 578 – This law recognizes supervisors, teachers, and professors of public and recognized private schools as person in authority.

Republic Act No. 660 – This Act amended Section 12 of the Commonwealth Act 186. This Act provides for automatic retirement at the age of sixty-five years, if the teacherhas completed fifteen years of service, and if he is not, he shall allowed tp continue service until he has completed fifteen years unless is otherwise eligible for disability retirement.

Republic Act No. 842 – This Salary Act of 1953 (Republic Act No. 842) provides for a revised salary scale and automatic salary increases for public school officials, teachers and other school personnel at the government.

Republic Act No. 1079 – This law provides that civil service eligibility shall be permanent and shall have no limit.

Republic Act No. 1080 – This Act states that the bar examination and the board examination which review the candidates to have four years of college training and two years for experience are considered equivalent to the first grade regular examination.

Republic Act No. 1147 – This Act that regular and promotional teacher civil service examinations be given at least once two years.

Republic Act No. 4461 – This Act is known as the Teachers’ Meeting Law. This law provides that the teachers meeting shall not be called on Saturdays. This concept is based on the contention of teachers that Saturdays is not a working day as observed by the government employees.

Republic Act No. 447 – This Act is known as the Provincial Salary Act. This law raised the salaries of field school superintendents above the level of the salaries of Division Chiefs in the Central Office who had served in the field as superintendent of schools and who are supposed to have higher category than the field superintendents.

Republic Act No. 1880 – This Act amended Sections 562 and 564 of the revised administrative code. It prescribed the legal hours of labor to 8 hours a day, 5 days a week, or 40 hours a week. It also states that government employees may be allowed 5 hours of service from April to June 15 inclusive upon the discration of the President of the Republic.

Republic Act No. 5168 – This is known as the public school teacher salary standardized act.

Republic Act No. 6040 – This act amended section 24 of civil service act 1959.

Republic Act No. 6110 – This is called the Omnibus Tax Law.Republic Act No. 6111 – This is act is otherwise known as Philippine

Medical Care Act of 1969, was approved on August 4, 1969. Primarily to extend medical care to all resident in an evolutionary way within our economic means and capability as a nation.

Republic Act No. 6362 – This act amended R.A 5168 otherwise known as the Public School Teacher Salary Standardization Act and Appropriating Fund therefore

Laws Related to School CurriculumDepartment Order No. 1955 – The secretary provides that religions

instruction maybe schedule during the school session in such a way as to enable the teacher in religion to teach in the public school building for more 30 minutes period a day, three times a week, to different groups of pupils in the same school. Provided no pupils is given instruction under this arrangement for more than the maximum lenght of time allowed by law.

Republic Act No. 343 – This act provide for the inclusion of Spanish as a course or subject in all high schools, private or public of the Philippines.

Republic Act No. 709 – This act made the teaching of Spanish obligatory in all courses of public and private colleges and universities in the Philippines.

Republic Act No. 1425 – This act requires that courses on the life, works and writings of Jose Rizal, particulary his novel Noli Me Tangere and El Filibusterismo shall be included in the curricula of all private and public schools colleges and universities.

Republic Act No. 1881 – This act states that all students enrolled in the courses in law, commerce, foreign service, liberal arts and education are required to complete at least 24 uniots of Spanish.

Republic Act No. 5181 – This act replaced republic act no. 707 as amended by R.A no. 1881.

Department Order No. 19, 1970 – This department order increased time allotment for language arts from 30 to 40 minutes in grade 1 and 2 from 40 to 60 minutes in grade 3 and 4 from 60 to 80 minutes in the intermediate grades.

Republic Act No. 5946 – This law amended the Medical Act of 1959. The acts state that the students seeking admission to medical school must have a Bachelor Degree in Science or in Arts.

Presidential Decree No. 6-A – This decree is known as Educational Development Decree of 1972.

Laws Related to Students or PupilsCommonwealth Act no. 80 - this act provided for organization of the office of adult

education under director of adult education, who was appointed by the president with consent of the commission on appointment.

Republic Act no. 124 - this law requires private school, colleges and universities having an enrollment of 300 or more to employ a part or full time physician who conduct an annual physical examination of their students.

Republic Act no. 896 - this provides for compulsory education of 7 years and made it mandatory on the part of parents to enroll their children in public schools upon attaining 7 years of age.

Republic Act no. 4206 - this law prohibits the collection of contribution for the red cross, Anti-Tuberculosis, PTA’s school athletic meets, medical and dental service or any other projects or purpose whether voluntary or otherwise from school children of public primary of intermediate schools.

Republic Act no. 4090 - an act providing for state scholarship in science, arts and letters and for poor and deserving students, creating a state scholarship council to integrate, systematize, administer and implement all program of scholarship, and appropriate funds thereof.

Republic Act no. 4725 - this act amended Republic no. 4206 the collection of contribution for Anti-Tuberculosis, Parent, Teacher Associations, School athletic meets, medical and dental service school children and teachers of public primary of intermediate and high school is hereby prohibited.

Republic Act no. 6139 - this act is known as the “Tuition Fee Law”.

Presidential Decree no. 146 - this Decree is known as the National College Entrance Examination was promulgated with no other purpose but to regulate the admission of students to all four year or to five year degree programs in the country so, as to improve the quality of higher education and to distribute students among different courses, thus meeting the manpower needs of the country.

Laws Related to Finance and Support

Commonwealth Act no. 586 - section 7 of this act nationalized the support of the elementary school except chartered cities.

Republic Act no. 364 - this act authorizes all vocational school to collect tuition fees and received contributions from private persons and contract loans from the government and private banks and other financial institutions and to create a special trusts fund for each school.

Republic Act no. 1284 - this law exempt from amusement tax all athletics meets, school program and exhibitions, and other educational activities conducted by public schools, by amending the National Internal Revenue Code.

Republic Act no. 5447 - this act is otherwise known as Special Educational Fund Act.

Other Laws Affecting School Administration and Supervision

Executive Order no. 56 - this act authorizes the Director of the Bureau of the private schools to call upon the members of the government examination boards for technical advice.

Republic Act no 139 - this act is the present basis for the selection and adaptation of textbooks to be used in public and private schools.

Republic Act no. 1147 - this act provides for holding of regular and promotional teachers, civil service examination at least once every two years.

Republic Act no. 1265 - this act makes flag ceremony compulsory in all educational institutions.

Republic Act no. 1880- an act amending section 562 and 564 of the Revised Administrative which prescribes the legal hours of labor, eight hours a day, five days a week or forty hours a week.

Republic Act no. 416 - the law converted the present Philippine Normal School into Philippine Normal College conferring the Degree of Bachelor Science in Elementary Education and Master of Arts in Education.

Department Order 1, 1957 - this program is otherwise known has the 2-2 plan.

Department Order 27, 1972 - this order gives the heads of the Institution Authority to expels, dismiss, suspend indefinitely, or cause the expulsion, dismissal, or suspension of any faculty members, employees and student, who after investigation were found to have been engaged or were engaged in supervision or similar illegal activities or were known to be active member subversive organizations and activities.

Department Order no. 30, 1972 - this prescribed the use of identification cards by all students, faculty and staff members in each institution.

Department Order no. 33, 1972 - the standard operating procedure screening university personnel were spelled out in this order.

Department Order no. 32, 1972 - this order granted academic freedom to faculty members under certain conditions.

Department Oder no. 1972 - the major point this order is to stimulates students and faculty members of colleges and universities to have build a New Society within the context of the Decree issue in the proclamation of 1081.

Circulars Which Affects Administration and Supervision

B.P.S. Circular no. 1, 1946 - discharged Filipino veterans who had been active in service with the US and Military forces and who meet certain requirements prescribed by law are eligible for education or training under Public Law 348 in any approved school, colleges, universities or other institution of learning.

B.P.S. Circular no. 32, 1952 - this circular states that a public school teacher must have rendered at least 2 years of satisfactory service before he can teach in private schools.

B.P.S Circular no. 4, 1956 - (requiring Mathematics Subjects and Physics in the secondary course)

Memorandum No. 38, s. 1957 (Implementation of Section 85 of the National Defense

Act) – In order to further improve the citizenship training of school children through the medium of Preparatory Military Training (P.M.T.) among high school students.

Memorandum No.87, s. 1958 (Permission of the government officials to teach in private Schools During Summer Sessions) – No private school may employ any government official, who has no such permit granted by the Department Head.

B.P.S. Circular No.1, s.1958 (Requirements for the admission to the Law Course) In order to avoid enrolling student who are not qualified, entrance certificates should be required of them before enrollment.

B.P.S. Circular No. 5,s.1960 (Making Boy Scout as Circular Requirement) – Boy Scouting is a circular activity in both public and private schools.

B.P.S. Circular No. 7, s.1960(The New Four –Year Curriculum Leading to the Degree of Bachelor of Arts (A.B.) or Bachelor of Science (B.S.) Required for the admission to the College of Medicine)

• Memorandum No.37, s. 1960 (Admission Requirement to Nursing and Pharmacy Courses.)

• Memorandum No. 46,s. 1960(Prescribing Preparatory Military Training and Health and Physical Education as separate subjects.)

• B.P.S. Circular No.22,s.1960- Merit and Seniority Ranking• Memorandum No.57, s. 1963- Greater stress on Correct Moral, and Ethical

Conduct.• B.P.S. Circular No.21, s.1964 – Pupils Welfare• B.P.S. Circular No.30, s. 1964 Reshuffle of School official in the field• Memorandum No.116, s. 1965- Courtesy • B.P.S. Circular No.36, s. 1965- Lobbying Prohibited in the Hall of Congress

and Offices.

GOD BLESS!

Presented to:Dr. Christopher Chua