Table of Contents
NQESH / Principals’ Test Q & A On Governance For Basic Education And Regulations Governing Public Schools
I. GENERAL PROVISIONS
Q: What are the constitutional provisions relevant to public schools in basic education?
The following are the constitutional provisions relevant to public schools in basic education:
1. “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.”
1.1 Q: May a principal of a public elementary or high school refuse the enrollment of a pupil/student due to sex, ethnic grouping, or religion of the child or his parents?
A: No, because such refusal will violate the right of the pupil/student to have quality education as provided in Sec. 1 Art. XIV of the 1987 Constitution and because it will violate his/her constitutional right to be accorded equal protection of the laws guaranteed under Sec. 1 Art. III of the 1987 Constitution to all Filipino citizens.
1.2 Q: May a principal of a public elementary or high school refuse admission of a pupil/student for not being a resident of the same barangay or municipality where the school is located?
A: No, because such refusal will violate the constitutional right of the child to have quality education.
1.3 Q: May a principal limit the enrollment to sixty (60) pupils/student s per classroom and give to residents priority over non-residents of the barangay or municipality where the school is located?
A. Yes, because limiting the enrollment to sixty (60) pupils/students per classroom in in consonance with DepEd Order No. 32 S 2003 provided that the principal will give assistance to the pupil/student to enroll in nearby school so as not to deprive him/her right to education.
2.1 Q: Shall state establish, maintain and support only basic education?
A. No, because Sec 2 (2) Art. XIV of the 1987 Constitution mandates that the State shall establish, maintain and support a complete adequate and integrated educational system relevant to the needs of the people and society and because Sec. 1 Art. XIV of the Constitution provides that the State shall protect and promote the right of all Filipino Citizens to quality education at all levels.
3.1Q: Supposing Mr. P the principal of public high school issues an order not to enroll students unless they will pay first the membership fees for Red Cross, Boys Scout and Girls Scout. Is the order valid?
A. No. The Order is not valid for being contrary to Sec. 2 (3) Art. XIV of the 1987 Constitution which provides for a free public elementary and secondary education and for being in violation of DepEd Order No. 65 S 2010 which provides that for grade and year levels beyond grade 4, no collection of any type should be undertaken during the enrollment period and the first month of classes and that starting on the second month of every school year, contributions may be collected but on a voluntary basis.
4.1 Q: Does the government provide financial assistance to students in a public school who want to enroll in a private high school?
A. Yes, the government provides financial assistance to public elementary school graduates belonging to the top fifty percent (50%) of the graduating class with an annual family income of P100,000.00 or less who wish to enroll in a private high school.
4.2 Q: How much is the financial assistance?
A: The financial assistance is P5,000.00 per student grantee outside National Capital Region (NCR) and P10,000.00 within NCR.
4.3 Q: What is this program that provides financial assistance to students and teachers in private education?
A: This program providing for government assistance to students and teachers in private school is called GASTPE which is provided by RA 6728 as amended.
5.1 Q: Is there a need for alternative learning system in the Philippines?
A: Yes, to provide all Filipinos the chance to have access to basic education.
5.2 Q: How is learning provided under this alternative learning system?
A: Learning may be provided thru the use of modules or by mobile teachers using books and instructional materials.
6.1 Q: Shall all public and private schools include the study of the Constitution as part of the curricula?
Yes, because Sec. 3 (1) Art. XIV of the 1987 Constitution mandates that all educational institutions shall include the study of the constitution as part of their curricula.
7.1 Q: In what subject in basic education are these value of patriotism, nationalism and other values taught?
A: Values education or edukasyon sa pagpapahalaga.
8.1 Q: How do public and private institutions in the educational system complement one another?
A: Students may transfer from a public school to a private school and vice versa; both institutions follow at least the minimum standards and criteria set by the Department and both are under the reasonable supervision and regulation of the Department.
9.1 Q: Supposing Mr. S the Superintendent Schools appointed Mr. F a foreigner as the Principal of a public high school. Is the appointment in order?
A: No, for it is in violation of Sec. 4 (2)Art. XIV of the 1987 Constitution which vests upon citizens of the Philippines the control and administration of educational institutions.
10.1 Q: In formulating educational policies and programs, what shall the Department take into account?
A: The Department shall take into account regional and sectoral needs and shall encourage local planning in the development of educational policies and programs.
11.1 Q: What is academic freedom?
A: The Supreme Court of the United States said that academic freedom means a university can “determine for itself on academic grounds:
Who may teach
What may be taught
How it should be taught
Who may be admitted to study”
12.1 Q: At present, the result of the National Career Assessment Examination (NCAE) being administered every year to all fourth year high school students in public and private secondary schools only serve as guide to students for the courses they will take in post-secondary institutions of learning. Supposing a law will be enacted to make the results of the NCAE a prerequisite for enrollment in college/university courses or in vocational/technological courses or other short entrepreneurial courses, will the law be constitutional?
A: The author is of the opinion, that such law will be in consonance on the basis that making the results of the NCAE a prerequisite for enrollment in college/ university courses or in vocational/technological courses will be a fair, reasonable and equitable admission and academic requirement and within the authority of the State to provide reasonable supervision and regulation of all educational institutions.
13.1 Q: How shall the State enhance the right of teachers to professional advancement?
A: By providing trainings and seminars to teachers; by providing sabbatical leave to teachers; by giving scholarship to teachers.
14.1 How will the state insure that teaching will attract and retain its rightful share of the best available talents?
A: Through adequate remuneration and other means of job satisfaction and fulfillment.
II. BASIC EDUCATION
6.1 Q: What does basic education encompass?
A: “Basic Education encompasses early childhood, elementary and high school education as well as alternative learning systems for out-of-school youth and adult learners and includes education for those with special needs”
6.2 Q: What shall be the main programs of basic education?
A: “Basic Education shall have five (5) main programs, namely: pre-school, elementary, secondary, special needs and alternative learning systems.”
6.3 Q: What shall the elementary education programs cover?
A: “Elementary education programs shall cover at least Grades I to VI; secondary education programs from First year to Fourth year or a total of ten (10) school years in the formal school system.”
6.4 Q: To ensure proper implementation of the Education For All (EFA)
A: “To ensure proper implementation of the Education For All (EFA) policy of the government, alternative learning systems shall provide for the basic learning needs of out-of-school children, youth and adults, 15 years old and above.”
7 Q: Upon what government agency is the administration of the educational system and the supervision and regulation of all educational institutions in basic education vested?
A: “The Administration of the educational system and the reasonable supervision and regulation of all educational institutions in basic education are vested in the Department without prejudice, however, to the charter of any state university or college.
8.1 Q: What are the levels in Formal Education?
A: “Formal Education shall correspond to the following levels in basic education:
a. The first level or Elementary Education involves compulsory, formal education primarily concerned with providing basic education, and usually corresponds to a traditional six or seven grade, and in addition, pre-school programs. Such pre-school education normally consists of kindergarten schooling, but may be cover other preparatory courses as well.
The second level or Secondary Education is concerned primarily with continuing basic education of the elementary level and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school.”
9.1 Q: What shall the curricular programs be?
A: “The curricular programs shall be suggestive patterns and models for the guidance of field officials and teachers. These may be enriched or modified to suit he needs of the learners and the conditions in the school and community, provided however, that any radical departure from the specific subjects and curricula shall have the approval of Secretary of Education.”
9.2 Q: What must the curricular programs focus on?
A: “The development and organization of the curricular programs must focus on the learner’s total development. The curricula shall be based on the fundamental aims of education set forth in Art. XIV Sec. 2 of the 1987 Philippine Constitution, B.P. Blg. 232 also known as the Education Act of 1982, and other statutes.”
10.1 Q: What does Pre-school education or early childhood education refer?
A: ‘It refers to the educational program/s preparatory to Grade I to develop the child in all aspects physical, social, emotional, moral and cognitive, so that s/he may be better prepared to tackle formal school works and cope with the demands of complex life”
10.1.1 Q: What do the early Childhood Education (ECE) Learning area include?
A: The Early Childhood Education (ECE) Learning Areas include activities that develop in each child communication skills in English and Filipino, numeracy skills, sensory perceptual skills, socio emotional skills, motor and creative skills.”
10.2 Q: What are the objectives of elementary education?
A: “Elementary Education Objectives.
- To provide knowledge and develop the skills, attitudes and values essential to personal development and necessary for living in, and contributing to, a developing and changing social milieu;
- To provide learning experiences which shall increase the learner’s awareness of, and responsiveness to, the changes and demands of society and prepare him/her for constructive and effective involvement;
- To promote and intensify the learner’s knowledge of identification with, and love for the nation and the people to which he/she belongs; and
- To promote experiences which develop the learner’s orientation to the world of work and creativity and prepare himself/herself to engage in honest and gainful work.”
10.3 Q: What is Special Needs Education?
A: Special Needs Education refers to the education of persons who are gifted or talented as well as those who have physical, mental, social or sensory impairment. Such group may require modifications of the school curricula, programs and special services and physical facilities to help them develop to their maximum capacity.
Q: What shall be the aim of special education?
A: “Special Education (SPED) shall aim to develop the maximum potential of the child with special needs to enable him to become self-reliant and gears towards providing him with the opportunities for a full and happy life.”
Q: What shall be the ultimate goal of special education?
A: “The ultimate goal of special education shall be the integration of learners with special needs into the regular school system and eventually in the community.”
Q: On what is the curriculum for special needs education based and designed?
A: The curriculum for Special Needs Education shall be based on the curriculum prescribed for the regular schools by the Department and designed to respond to the special needs of the following learners.
- The Mentally Handicapped
- The Hearing Impaired
- The Visually Impaired
- The Orthopedically Handicapped
- The Children with Behavioral Problems
Q: What are the schemes or options that may be adopted for Special Needs Education Program?
A: The following schemes or options may be adopted for Special Needs Education program:
Modified curriculum shall be prescribed for regular children with certain adaptations to meet the needs of special children.
Special curriculum shall be prescribed for children with special needs aimed primarily at developing adaptive skills to maximize their potentials.
Q: What are the prototypes of special programs and provisions for the gifted and talented which shall be developed and maintained?
A: Special programs and provisions for the gifted and talented which shall be developed and maintained may take the following prototypes:
Acceleration shall refer to any administrative practice designed to move gifted learners through school more rapidly than usual. Administrative practices under acceleration shall include early admission, grade skipping, advanced placement, telescoping of grade levels and credits by examination.
- Grade Acceleration/Grade Skipping
- Grade Telescoping
Ability grouping shall refer to any classification of children for instructional purposes in terms of capacity for learning and demonstrated achievement. The types of ability grouping shall be:
- Special Class/Self-Contained Classes
- Pull-out Program
10.4 Q: What are its objectives?
A: Its objectives are as follows:
To continue to promote the objectives of elementary education
To discover and enhance the different aptitudes and interests of the students so as to equip him with skills for productive endeavor and/or prepare him for tertiary schooling
10.4.1 Q: What are the curricular offerings of the different types of secondary education?
A: The curricular offerings of the different types of secondary schools are as follows:
- General Secondary School
- General Comprehensive High School
- Secondary Vocational School
- Special Secondary School
- Regional Division Science High School (R/DHS)
- Science and Technology High School (STHS)
- Science High School and Science and Technology School
- Mathematics in the fourth year includes Analytical Geometry and Elementary Calculus
- English includes Speech and Drama in the First Year and Technical and Essay Writing in the Second Year.
- Earth Science/Environmental Science and the regular Fourth Year Physics are subjects in the Third Year Chemistry is a subject in the Fourth Year.
- The Special Science Curriculum
- School for the Handicap
- Boys’ Town School
- The School for Minor Offenders
- The Philippine High School for the Arts
10.5 Q: What is Alternative Learning System?
A: Alternative Learning System is a parallel learning system that provides viable alternative to the existing formal education instruction. It encompasses both the non-formal and informal sources of knowledge and skills.
Policy, Principles and Levels of Governance for Basic Education
III. GOVERNANCE FOR BASIC EDUCATION
11 Q: What is the State Policy on the right of citizens to quality basic education?
A: It is hereby declared the policy of the State to protect and promote the right of all citizens to quality basic education and to make such education accessible to all by providing all Filipino children a free and compulsory education in the elementary level and free education in the high school level. Such education shall also include alternative learning systems for out-of-school youth and adult learners.
Q: What shall be the goal of basic education?
A: It shall be the goal of basic education to provide them with the skills, knowledge and values they need to become caring, self-reliant, productive and patriotic citizens.
Q: What shall be the heart of the formal education system?
A: The school shall be the heart of the formal education system. It is where children learn. Schools shall have a single aim of providing the best possible basic education for all learners.
Q: Where shall governance of basic education begin?
A: Governance of basic education shall begin at the national level.
Q: Where shall the policy and principle for the governance of basic education be translated into programs, projects, and services to fit local needs?
A: It is at the regions, divisions, schools, and learning centers referred to as the field offices where the policy and principle for the governance of basic education be translated into programs, projects and services developed, adapted and offered to fit local needs.
Q: To improve the quality of basic education, whom shall be the State encourage?
A: The State shall encourage local initiatives for improving the quality of basic education.
12. Q: What is the principle of shared governance?
A: Shared governance is a principle which recognizes the every unit in the education Bureaucracy has a particular role, task and responsibilities inherent in the office and for which it is principally accountable for outcomes.
Q: What shall be observed in the decision making process at appropriate levels?
A: The process of democratic consultation.
Q: What shall be established to ensure coordination and open communication for the central office with the regional, division and school levels?
A: Feedback mechanism.
Q: What shall be operationalized in the performance of functions and responsibilities at all levels?
A: The principles of accountability and transparency.
Q: What shall be strengthened to facilitate the flow of information and expand linkages with other government agencies, local government units, non-governmental organization for effective governance?
A: The communication channels of field officers.
13.1 Q: What is the Department of Education vested with for ensuring access to, promoting equity in, and improving the quality of basic education?
A: The Department of Education is vested with authority, accountability and responsibility for ensuring access to, promoting equity in, and improving the quality of basic education.
13.2 Q: What are the structural components of the department?
A: The Central Office and Field Offices
13.2 Q: What are the major services of the DepEd Central Office and their respective functions?
A: The major services of DepEd Central Office and their respective functions are the following:
- Office of the Director
- General Services Division
- Dental Clinic
- Radio Communication Network Unit
- Security Service Unit
- Records Division
- Property Division
- Teachers Camp
2. Financial Management Service
- Budget Division
- Payroll Services Division
- Systems Division
- Management Division
- Cash Division
3. Human Resource Development
– Employees Welfare and Benefits Division
– Staff Development Division
– Special Programs
- Project Development and Evaluation Division
- Research and Statistics Division (RSD) and Database Management Unit (DBMU)
- Physical Facilities Schools and Engineering Division
5. Technical Service
- Materials Production and Division Publication Division
- Educational Information Division
- Audio-Visual Division
- Educational Technology Unit
13.4 Q: What are the Bureaus of the Department and their respective functions?
A: The Bureaus of the Department comprise of the following:
- Bureau of Elementary Education
- Bureau of Secondary Education
- Bureau of Alternative Learning System (BALS)
13.5 Q: What do the Centers of the Department compromise of and what are their functions?
A: The Centers of the Department each headed by a Director comprise of the following with their respective functions:
- The National Education Testing and Research Center (NETRC)
- Schools Health and Nutrition Center ( SHNC)
- Educational Development Projects Implementing Task Force (EDPITAF)
- National Science Testing Instrumentation Center (NSTIC)
- Instructional Materials Council Secretariat (IMCS)
- National Educators Academy of the Philippines (NEAP)
13.6 Q: What are the Field Offices of DepEd?
A: DepEd Field Offices consist of Regional Offices, Division Offices and Public School and Learning Centers.
14.1 Q: What shall the Secretary exercise over the operation of the Department?
A: Overall authority and supervision over the operation of the Department.
Q: What are the powers, duties and responsibilities of the Secretary?
A: In addition to his/her powers under existing laws, the Secretary of Education shall have authority, accountability and responsibility for the following:
- Formulating national educational policies;
- Formulating a national basic education plan;
- Promulgating national educational Standards
- Monitoring & Assessing national learning outcomes;
- Undertaking national educational research and studies;
- Enhancing the employment status, professional competence, welfare and working conditions of all personnel of the Department; and
- Enhancing the total development of learners through local and national programs and/or projects.
Q: How many undersecretaries and assistant secretaries shall assist the Secretary?
A: The Secretary of Education shall be assisted by not more than four (4) undersecretaries and not more than four (4) assistant secretaries whose assignments duties and responsibilities shall be governed by law.
Q: Are the powers of the Secretary limited to those enumerated in Sec. 7A of RA 9155?
A: No. Because Sec. 7A of RA9155 expressly provides that the powers enumerated therein are only in addition to his/her powers under existing laws.
14.2 Q: Is there a limit to the number of regional offices?
A: No. Because “there shall be as many regional offices maybe provided by law.”
Q: How are regional offices created?
A: By Law.
Q: What is the composition of a regional office and where are they located?
A: It is composed of provincial and city schools divisions and it has a Director, an Assistant Director and an office staff for programs, promotion and support, planning, administrative and fiscal services.
Region IV-A is composed of 14 divisions
- Calamba City
- Cavite City
- Lucena City
- Lipa City
- Antipolo City
- Sta. Rosa City
- Batangas Province
- Batangas City
- Tanauan City
- San Pablo City
Q: What shall be the authority, accountability and responsibilities of the regional directors?
A: Consistent with the national educational policies, plans and standards, the regional director shall have authority, accountability and responsibility for the following:
- Defining a regional educational policy framework which reflects the values, needs and expectations of the communities they serve.
- Developing a regional basic education plan;
- Developing regional educational standards with a view towards bench-marking for international competitiveness
- Monitoring, evaluating and assessing regional learning outcomes.
- Undertaking research projects and developing and managing region wide projects which may be funded through official development assistance and/or other finding agencies.
- Ensuring strict compliance with prescribed national criteria for the recruitment.
- Formulating, in coordination with the regional development council, the budget to support the regional educational plan which shall take into account the educational plans of the divisions and districts.
- Determining the organization component of the divisions and districts and approving the proposed staffing pattern of all employees in the divisions and districts.
- Hiring, placing and evaluating all employees in the regional office, except for the position of assistant director.
- Evaluating all schools division superintendents and assistant division superintendents in the region.
- Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of the regional office, including professional staff development.
- Managing the database and management information system of the region.
- Approving the establishment of public and private elementary and high schools and learning centers
- Performing such other functions as may be assigned by proper authorities.
Q: How shall the regional directors exercise authority over employees in the regional office?
A: By hiring, placing and evaluating all employees in the regional office except for the position of assistant director.
Q: Does the regional director have the authority to hire a public school teacher in his region? Why or why not?
A: No. Because the power to hire, place and evaluate all employees in the division both teaching and non teaching personnel except for the assistant division superintendent is expressly vested upon the schools division superintendent.
Q: Who is the one vested by law with the power to approve the establishment of public and private elementary and high schools and learning centers?
A: The regional director.
14.3 Q: What shall a division consist of?
A: A division shall consist of province or a city which shall have a schools division superintendent, at least one assistant schools division superintendent and an office staff for programs promotion, planning, administrative, fiscal, legal, ancillary and other support services.
Q: What shall be the authority, accountability and responsibility of schools division superintendent?
A: Consistent with the national educational policies plans and standards, the school division superintendents shall have authority, accountability and responsibility for the following:
- Developing and implementing division education development plans
- Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of the division, including professional staff development.
- Hiring, placing and evaluating all division supervisors and schools district supervisors as well as all employees in the division, both teaching and non-teaching personnel, including school heads, except for the assistant division superintendent.
- Monitoring the utilization of funds provided by the national government units to the schools and learning centers.
- Ensuring compliance of quality standards for basic education programs and for this purpose strengthening the role of division supervisors as subject area specialists.
- Promoting awareness of and adherence by all schools and learning centers to accreditation standards prescribed by the Secretary of Education.
- Supervising the operations of all public and private elementary, secondary and integrated schools and learning centers.
- Performing such other functions as may be assigned by proper authorities.
Q: Who is the one vested with the authority to supervise the operation of all public and private elementary, secondary and integrated schools and learning centers.
A: The Schools Division Superintendent.
Q: Shall the Division Superintendent have the power to hire, place or evaluate an assistant division superintendent?
A: No. Because, Sec 7C (3) of Ra 9155 expressly excludes from an authority of the superintendent the power to hire an assistant division superintendent.
14.4 Q: How many additional schools districts be established within a school’s division?
A: Upon the recommendation of the schools division superintendents, the regional director may establish additional schools districts within a schools division.
Q: What shall a schools district have?
A: A Schools District shall have a schools district supervisor and an office staff for program promotion
Q: What shall be done about the schools districts already existing at the time of the passage of RA 9155?
A: Schools District already existing at the time of the passage of RA 9155 shall be maintained.
Q: What shall be the authority, accountability and responsibility of the Schools District Supervisor?
A: The schools district supervisor shall be responsible for:
- Providing professional and instructional advice and support to the school heads and teachers/facilitators of schools and community learning centers in the district or cluster thereof.
- Curricula supervision.
- Undertaking advocacy work directed at encouraging local government units (LGUs) and non-government organizations (NGOs) to implement ALS programs.
- Assisting in the identification of community-based NGOs which could be tapped as service providers for the basic literacy, accreditation and equivalency programs and other community development efforts.
- Supervising the organization of ALS programs in collaboration with LGUs, NGOs and other government agencies and monitor implementation
- Monitoring the formulation of school improvement plans and consolidate funding requirements of programs and projects to be presented to the Municipal School Board
- Providing technical support to school heads in expenditures documentation and liquidation of cash advances.
- Coordinating data gathering efforts of schools and community learning centers in the district.
- Undertaking data verification in coordination with the division planning unit
- Performing such other functions as may be assigned by proper authorities.
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