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Student Discipline and Teacher Protection Act (House Bill No. 5735)

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Student Discipline and Teacher Protection Act (House Bill No. 5735) ACT Teachers Party-List Representative Antonio L. Tinio
ACT Teachers Party-List Representative Antonio L. Tinio

A lawmaker is pushing to institutionalize a measure that will protect teachers and school personnel in cases related to student discipline and classroom management.

House Bill 5735, to be known as the Student Discipline and Teacher Protection Act, requires the Department of Education (DepEd) to issue policies and principles on student discipline and classroom management.

Read: 

Students and Parents Bullying Teachers: A Fast Spreading Disease
(WHY DO WE NEED THE TEACHER’S PROTECTION ACT BE PASSED)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5735

Student Discipline and Teacher Protection Act

Introduced by

ACT Teachers Party-List Representative Antonio L. Tinio

EXPLANATORY NOTE

Public school personnel, most especially teachers, are at the very forefront of the delivery of education to millions of students, day in and day out. With large class sizes, multiple shifts each day, and the heavier tasks they have to assume under K to 12, any one of them can attest that instilling discipline in their classrooms has become increasingly difficult.

This heavy burden of teachers is aggravated by the lack of institutional support in the form of standards in classroom management, training on these standards and the permissible and effective methods of instilling discipline, guidance counselors to act as support personnel, and legal assistance and representation.

While child protection is indispensable, teacher protection is also a must. To this end, this bill seeks to lay down institutionalized support mechanisms for teachers and school personnel in matters of classroom management and student discipline. The first is a mandate on DepEd to issue and implement a student manual. DepEd is also proposed to provide pre-service and in-service training for DepEd personnel on child behavior and psychology, classroom management techniques, positive discipline, and other related fields.

Also proposed are measures to protect teachers and school personnel in cases related to student discipline and classroom management, including legal assistance and representation by counsel and union or association representatives. Furthermore, confidentiality of proceedings and the identity of all parties are directed.

Approval of this bill is earnestly sought.

ACT Teachers Party-List Representative Antonio L. Tinio


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5735

Introduced by

ACT Teachers Party-List Representative Antonio L. Tinio

AN ACT INSTITUTIONALIZING MEASURES GOVERNING STUDENT DISCIPLINE AND MECHANISMS FOR CLASSROOM MANAGEMENT, ESTABLISHING SUPPORT FOR PUBLIC SCHOOL TEACHERS AND SCHOOL PERSONNEL AND PROVIDING FOR THEIR PROTECTION IN CASES RELATED THERETO

Be it enacted in the Senate and the House of Representatives in Congress assembled:

SECTION 1. Short Title. This Act shall be known as the Student Discipline and Teacher Protection Act.

SECTION 2. Declaration of State Policies. In all actions relating to children, the State shall accord special protection to children from all forms of abuse, exploitation, cruelty, and other conditions prejudicial to their development. Furthermore, the State has the duty to establish and maintain a complete and adequate system of public basic education geared towards the holistic development of a child.

These policies are henceforth understood to encompass the State’s responsibility to provide appropriate instruction to students about school discipline, their duties and responsibilities with respect to their peers, to their teachers and other persons of authority, and to members of their community.

To this end, the State shall institutionalize measures to implement in all public schools clearly defined regulations on appropriate student behavior towards other students, teachers, and school staff, during classes, and within and outside school premises,

The State is also hereby bound to establish and maintain support systems, including training on classroom management and child discipline and legal assistance for teachers and school staff, who daily stand in direct contact with students and thus find themselves in situations that could expose them to allegations of child abuse in the course of the discharge of their duties.

It is hereby also declared that the State shall promote and improve the working conditions of public school teachers and other school personnel, which are understood to determine whether or not the physical and emotional environments of children and teachers are conducive to learning and teaching.

SECTION 3. Code of discipline or student manual. Within one hundred and twenty (120) days from the effectivity of this Act, the Department of Education (hereinafter, the Department) is hereby tasked to issue policies and principles on student discipline and classroom management.

For purposes of this Act, a student manual is a written document detailing:

(1) the school’s rules and regulations to be observed by students with respect to fellow students and school personnel and property, whenever inside its premises or outside it, in cases where conduct would interfere with the operation of the school or endanger the safety of other students and school staff;

(2) the rights and responsibilities of students in relation to school rules and regulations, to the end1 of fostering a positive school climate and safe environment conducive to instruction and learning;

(3) permissible, appropriate, and effective responses and interventions that will address violation of school rules and regulations, including but not limited to communication to parents, counseling, reprimand, and detention, at each level and repetition of offense, to be administered by teachers, the school head, and other school staff; and

(4) a clear description of the disciplinary procedure and clear designation of the authorities competent to investigate, propose, and apply the responses and interventions.

The Department shall formulate a student manual to be implemented in all schools under its jurisdiction, which shall conform to the guidelines so established.

SECTION 4. Consultation of involved sectors in the drafting of student manual. Students, parents, teachers, other school personnel, and the community, represented by their respective organizations, as well as professionals in child behavior and social work, shall each have meaningful involvement in the formulation of the guidelines and the student manual.

SECTION 5. Information dissemination of the student manual. The Department shall provide explanations, training, and workshops in order to familiarize students and families with the student manual, explain the expectations of various sectors involved, and describe the various preventive and positive responses and interventions that may be used.

At the beginning of each school year, copies of the student manual shall be provided to each student as well as their parents or legal guardians.

SECTION 6. Training of teachers and school personnel on the student manual. All employees of the Department shall also annually receive instruction and training related to the specific contents of the student manual.

SECTION 7. Professional development relating to student discipline and classroom management. The Department shall provide teachers the appropriate pre-service and inservice training on child behavior and psychology, classroom management techniques, positive discipline, and other related fields, as well as the Department’s policies and principles governing student manual and the scope of their duties and responsibilities with respect to student discipline and classroom management.

SECTION 8. Support personnel. The Department, with the Department of Budget and Management, shall also ensure that there is a sufficient number of items for guidance counselors who will serve as support personnel to teachers and school administrators in matters of student discipline.

For purposes of this Act, the Department shall endeavor to meet the recommended ratios of one guidance counselor for every 200 students in public elementary and high schools.

SECTION 9. Other support mechanisms for student discipline and classroom management

The Department shall provide such other mechanisms necessary to capacitate its teachers and other personnel on matters regarding child behavior and psychology, classroom management techniques, positive discipline, and other related fields. These measures shall include but are not limited to the conduct of periodic training and formulation of primers and other explanatory materials.

SECTION 10. Protection of teachers and school personnel in cases related to student discipline and classroom management. In all cases related to student discipline and classroom management, including criminal and administrative charges of child abuse, the Department shall extend to its teachers and other personnel the necessary protection, including but not limited to legal assistance and representation.

The Department shall ensure that respondents, in all stages of the disciplinary proceedings, are amply represented by the accredited union, or registered union, where there is no existing accredited union, of teachers or non-teaching employees, as the case may be,

Violation of this Section is a violation of due process and shall render the proceedings void and all responsible persons administratively, civilly, and criminally liable.

SECTION 11. Confidentiality of identity of parties and proceedings under this Act. No person, whether public or private and whether a party to the case or otherwise, shall publicize a case during its pendency. In no case shall the identity of complainants and respondents, or any information that may reasonably identify them, be disclosed to the public during the pendency of the proceedings.

Violation of this Section shall subject the person to the appropriate administrative, civil, criminal, and other liabilities.

The Department shall issue its guidelines for the media with regard to the handling of cases within the contemplation of this Act.

SECTION 12. Rules and Regulations. Within ninety (90) days from the effective date of this Act, the Department shall promulgate the rules and regulations necessary to implement the provisions of this Act.

SECTION 13. Separability Clause. Should any provision herein be declared unconstitutional, the same shall not affect the validity of the other provisions of this Act.

SECTION 14. Repealing Clause. All laws, decrees, orders, rules and regulations, or other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed.

SECTION I5. Effectivity. This Act shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation.

Read: 

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  2. Students and Parents Bullying Teachers: A Fast Spreading Disease
    (WHY DO WE NEED THE TEACHER’S PROTECTION ACT BE PASSED)
  3. NEW LAW ENABLES TEACHERS TO REJECT POLL DUTIES

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34 Comments
  1. Pasko Ako says

    ang layo ng sagoy mo jayson hernandez.

  2. amsel von schwarzsandig says

    This is bull crap! This will be abused by teachers who are power trippers and pratices “FAVORITISM”.

    Victim here!

    1. masyado kasing pabibo says

      Same lang naman ito with CHILD PROTECTION POLICY naabuse ng mga kabataan ngayon.

  3. san says

    This will bring about a very good chang because teachers are often neglected. Most especially how students treat them. But I hope this does not only cover public schools, but private schools and other educational institutions as well.
    This is specifically for educational schools that cater to foreign students, like Koreans, Japanese, Chinese, etc. What happens to these teachers who are harassed by these foreigners? What protection do they have against these people? Moreso if the owner of the institution does not have any rule about unruly students?
    This is difficult for the owners because the parents pay for tutorials. If the owners side the teacher, they might lose a client.
    So they also need some sort of protection so they can teach values aside from academic subjects.

  4. Gailla says

    Hopefully, future laws about teachers in the Philippines including this House Bill will clearly state that it is for both private and public schools. Private schools have a way of doing things differently because government policies address public education most of the time. Hopefully, this will state clearly what instances are considered as teacher-harassment (eg trash talking teachers, blaming teachers when student receives low grade, investigating without notifying teacher about it first) and how the teacher can protect him/herself (eg file a complaint to DepEd or DOLE).

  5. Rona Grace T. Julita says

    May this house bill be approved for d welfare of all teachers who suffer unequal protection and become victims of injustice at their respective schools…hooray for this..May our Good Lord bless u more for this endeavor..

  6. Francis Ray Subong says

    Guidance Counselor (GC) for every 200 students. And where will you get that pool of GC’s? As of now, I believed that roughly there is around 3,000 GC’s in the Philippines. To be a Licensed Guidance Counselor as prescribe by RA 9258 otherwise known as the Guidance and Counseling Act of 2004, one needs to be a Graduate of Master’s Degree in Guidance. Now, DepEd is just offering a salary for GC’s between SG 11-13, and that’s for LIFE! Now, who will in his/her right mind join DepEd and implement this proposed bill without taking into consideration the career path a GC would take? GC’s are trained in Career Guidance and it’s an irony that the implementer is misguided, or even unjustly treated by the ‘system’!

  7. Nyle says

    While we want to protect the good teachers and that is really a good news. Will you also please check on Education Students (Future Teachers) who are committing adultery and is being tolerated by fellow students because of financial gains? Masyado na pong nakakahiya ang iba na gustong maging guro pero sila pa ang pasimuno ng mga kalokohan sa loob at labas ng kolehiyo o Unibersidad. I believe Values/Morality is also a pressing matter in many colleges and universities, they said because of poverty/money.
    Thank you so much.

  8. nancy sanchez says

    Wow! Tama lang po yan kaya nga po minsan if tanungin mo teacher if gusto ba ng anak niya maging teacher din sagot ng magulang kung pwedi wag na lang ibang course n lang! Tanong ko lang po alam niyo po ba na binibigay din sa teachers yung mga pampapurga at pagpapakain sa mga bata katwiran nila eh nasa school nman daw yung mga bata na suppose to be trabaho ng mga DSWD pati yung pagpapaganda ng school pag pipintura at kung ano ano po kakaawa mga teacher sana naman mapagusapan ito kc nakakaawa sila at yung mga ibang trabaho na supposed to be trabaho ng barangay center pinapasa sa mga teacher

  9. Melissa Magdaraog says

    Hooray for this! I hope it will materialize as soon as possible…

  10. ADOLFO S. INDUCTIVO says

    The worst problem of discipline is not the lack of it but the IGNORANCE of it!
    Unless one has a thorough understanding and knowledge of what discipline both physical and spiritual discipline problem will continue and worsen!

    1. ROGER J. CARIO says

      kaya nga may guidelines e para walang sabit. I go for this Bill, because respect to teachers are getting less due to the bloated protection for pupils and students although it is always proper to have those laws in favor of our child. Teachers protection Bill such as this must have been passed years ago contemporary to the passing of Bills on child and students protection laws to regulate the movement between the students and teachers in a school to have them equally guided for their respective rights be protected so that harmonious relationship be maintain in a school where the pupils/students is the beneficiary

  11. Helen Andalis says

    If this bill will be approved, private school teachers must also be included here. with regards to classroom discipline… Positive Learning Environment thru Discipline can be used to lessen the discipline problem..if students are engaged in classroom activities discipline problem is lessened.

  12. Maribette Cano says

    Wow, thank you very much sir for proposing this bill. Actually,we have been talking about this issue in our school.We are indeed thankful because you are to represent us. We were are really hoping that you would propose this bill. That is why I am only voting for one party list and that is the party list that concers us all. I agree with all the comments that I read here.
    Go Sir mabuhay ka, we will continue to support you. May God continue to bless and empower you!

  13. darwin says

    Dapat tingnan muna ang curriculum bago maisa batas ang BILL na to, kasi kung titingnan nyo, wala nang VALUES education o kaya Guidance subjects…at hindi lang dapat sa DepEd pati na rin sa mga SUC, LCU at private universities at colleges sa buong bansa..

  14. Jonn Jonnz says

    Hindi lang sa public school system dapat i-address ang bill na ito. Mas malaking kaso ang nangyayari sa private schools kung saan may kakayahan ang mga magulang na idala ito sa isang korte. Si teacher madalas ang aapektuhan dahil wala naman itong kakayahan na magbayad ng 50,000 o higit pa sa acceptance fee ng mga abogado at psychologically naapektuhan na rin ang kanyang kakayahang magturo kahit na sabihin natin magaling ang gurong ito na magbigay ng maayos na edukasyon sa ating mga mag-aaral. Isang kahibangan na lagi na lang agrabiyado ang mga guro kapag idinaan na sa kapangyarihan at pera ng mga magulang. ANG GURO LAGING TALO kasi loco parentis… ang guro ang mas matanda kaya mas alam na ang dapat gawin. Minsan mas lalo lang pinapatulan ng mga magulang at ang mga amiga ng magulang ang guro. Kadalasan ang mga amiga pa ang nagsusulsol sa mga magulang na ituloy ito. Anong klaseng katarungan yan? Kasi ang laging orentasyon ng mga magulang na ipinapaaral sa pribadong paaralan ay isang produko ito at dapat ang guro ay dapat sumunod sa kanila. “We pay your high tuition fee and this is what we get to your so called “Discipline and Classroom Management”? Dati ang magulang ay suportado ang guro sa pagdidisiplina sa kanilang mga anak at pag-aaral. Ngayon, ang magulang ay nagrereklamo kapag mababa ng grade at may sanctions na ibinigay sa kanilang anak sa kabila ng komunikasyon at mga Parent-Teachers Conference na ginagawa. ” Sasabihin, “Wala kang karapatan na saktan ang anak ko dahil binabayaran ko ang mahal na tuition fee ninyo!!!” Isa ring salik kung bakit hindi mabigyan ng tamang disiplina ang mga mag-aaral ay dahil sa Child Protection Act na yan. Sana, masusog na may probisyon din ito sa mga sektor kung saan mas maraming mga kabataan ang dapat alagaan tulad na lamang sa isang paaralan, pampubliko man o sa pribado. Sana pag-aralan mabuti ito ng ating Kongreso at ng DepEd. AT SANA HINDI MAKISAWSAW ANG MEDIA sa ganitong mga sitwasyon. MAS lalo nilang pinapalala ang sitwasyon imbis na nahanapan ng soluyson ang kaso.

    1. Bergelyn A. Noveno says

      I agree with you mam, kaya ang mga bata ngayon wala na pong disiplina, dahil kung sasawayin mo, pagsasabihan mo, si magulang at ang ating batas ay pabor agad sa kanila, nakakaawa ang guro, kaya hinahayaan na rin lang ng guro bakit kesa manganib pang masayang ang ilang taong pinaghirapan niya para makatapos, ang result, walang disiplinang kabataan.

      1. aling kutiling says

        totoo yan lalo na mga principal. kasi kung nangyari isang aksidente sa skul ang skul head palagi ang may kasalanan kasi sabi nila it is in your capacity as the school principal. too much work

  15. rhod says

    Ano ang silbi ng batas na yan kung dh namam alam ng mga bata, titser, magulang etc na abusivd act na pala yung gnagawa nila. Yung mga titser minor subject lang nila sa college ang ethics. Sa basic educ integration lang ang gmrc. Yung spiritual foundation e wala sa curriculum. Dapat contained din para maumawaan ng bwat isa ang kulturat paniniwala ng bwat relihiyon. Pag maganda ang spiritwal na pundasyon e wala ng oppresion. Kaya go na. Support rep tinio for deped sec movement.

  16. maximo Placio says

    This is just my opinion: I hope that comments on Teacher Protection Bill sponsored by Hon. Tinio study one of the provisions of the Child Protection Policy that in case of Child Abuse filed by a student or his parent/s the school is required to get the affidavit (written complaints and answer of the person being complained) of both parties, indicate their vital information in the intake sheet and submit it to the Legal Officer/s of the Schools Division Office within 24 hours who will forward it to the Regional Office for for due process. Remember that all cases of Child Abuse can not be settled or reconciled in the school level in any form like social dialogue or mediation or through Grievance Committee. At the end of the day, more than the less, teacher will be at a lost because of the on-going case which may affect the performance of his duties. Reversing the situation, what if a child bullied, humiliated or committed physical injury against the teacher? What disciplinary action/penalty/sanction can be given to him? If non, or not equal to the penalty that a teacher will receive there is no equal justice and no equal treatment therefore there is social injustice on the part of a teacher.

    1. LarsLu says

      Big Thumbs Up ako dyan Sir

  17. Maximo Placio says

    If we will try to study the Child Protection Policy generally, it protects the teachers and other school personnel. Why because the provisions in this policy served as warnings to them that once they violated its provisions he/she will be subjected to a case, whether criminal, civil or administrative cases based from the result of the investigations and evidences. In my own opinion, the contents of this Bill regarding the Protection of Teachers is not clear because here, a teacher is always a respondent with legal assistance and not a complainant in case he/she was bullied by parents or a student. Is there any possibility that in this Bill, a child or student can be a respondent and the teacher is the complainant? Is there any Juvenile Delinquent Law that will not only protect but discipline or convict a minor? I hoped that this Teacher Protect Policy will reconcile the provisions of CHILD Protection Policy wherein both students and teachers can be a respondent and a complainant. Both can be convicted not only teachers as implies in the Child protection policy.
    Section 10 states No Protection to teachers but Legal Support/assistance for being a Respondent to a Case filed for Child Abuse. It is better if a teacher can also file a case against a child or making a child a Respondent to a case filed by a teacher.

    1. Gailla says

      Tama, sana maklaro pa ng Act kung ano talaga ang pwedeng gawin ng teacher kapag gusto niya magreklamo dahil sa behavior ng mag-aaral o magulang laban sa kanya.

  18. alan avillanosa says

    Bragart pupils should be isolated to those pupils with high regards for learning.Those children who belongs to the indigent concluded families mostly members of the 4ps program of the government were hinder in the implementation of class rules that every teacher expect in every child in school.Without discipline class discussions and group task given in democratic process is impeded due to misbehavior of the other.
    they should be taught with high regards to morality of man, to guide them.They maybe affected by our societal changes that no one inferred what is wrong and what is right…What should be the generally accepted behavior as they developing mentally and physically.

  19. libeth says

    tnx for creating this bill.it would raise teachers dignity and respect which eventually vanishing because of allege unfounded abused /maltreatment issues committed by teachers.not addressing on real cause of it-over populated classes.we are human teachers and not super teachers to handle and discipline oversized classes.the law should see this side of teachers

  20. John says

    Dagdag na komento lang po:

    Madalas kasing nangyayari, dumidiretso ang mga magulang sa punong-guro, presidente ng paaralan, o di kaya’y sa division office. Sana masunod ang tamang protocol sa pagsasaayos ng mga gusot sa pagitan ng estudyante at guro:

    Student – teacher – team leader – coordinator / dept. head – principal / director / president – Division office

    Kasi pinaparating agad sa higher ups kaya hindi na makapagdepensa ang guro. Talamak yan lalo na sa private school kapag yung mga top student biglang nakakakuha ng mababang marka. Walang problema kung kuwestyon sa etika ang paglabag, eh pero pag classroom management lang ang usapin, sa principal agad? Nawawalan naman kaming mga guro ng pagkakataon na magturo ng disiplina nyan, na kadalasang nakakaligtaan ng mga magulang na ituro sa kanilang mga anak sa mga panahong ito. Madalas, mas matapang pa ang magulang kaysa sa tigre kapag nakikipag-usap sa guro kahit anak nila ang may pagkukulang. Sana isama talaga ang pagsunod sa protocol of escalation. Salamat.

  21. bernardo carpio says

    isa lang ang solusyon dyan… tanggalin ang mass promotion ng mga studyante… ipasa lamang ang mga estudyantend deserving… alam ng estudyante na hindi naman sila babagsak kaya ok lang nila i-bully ang titser. kung alam ng estudyante na mayroon katapat na parusa sa bawat misbehavior nila sigurado ito ay magpapakatino.

    1. Jo says

      Wala pong mass promotion na sinasabi ang DepED, interpretation Lang yan ng marami.

    2. Kreng says

      Wala pong mass promotion sa ngayon. Isang panakot ang pbb kaya sila nagmmass promotion

  22. Jayson Hernandez says

    Due to pressing issues today in Guidance and Counseling, we need a law that shall strengthen the functional and structural organization of Guidance and Counseling in the Philippines.

  23. joan dedicatoria says

    Please grant this house bill..May God give the grace to anyone will push this until granted..Thumbs up.

  24. CRISBY C DE LOS SANTOS says

    this should have been proposed long time ago,simply because teachers have been the subject of ridicule by abusive parents,government officials,even students who thinks that they alone has the right to be protected, and even more…DEPED officials who act as though the teachers belong to the lowest class and has no rights at all. Mabuhay ang Gurong Makabayan!

  25. Clart says

    Is it for both public school? and private school teachers?

  26. Carmi Polendey Lorenzo says

    Hooray for this!