LEGAL BASES OF SCHOOL ADMINISTRATION AND SUPERVISION

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

1.   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”.

2.   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.

3.   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 supervision of private schools, colleges and universities.

4.   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.

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

6.   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.

7.   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.

8.   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.

9.   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.

10.                Presidential Decree No. 1 – This decree made a thorough going revamp of the executive branch of the government. The Department of Education is now known as the Department of Education and Culture.

11.                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 Personnel

1.   Commonwealth Act No. 117 – This Act places the public school teachers under Civil Rules and Regulations as to their examination, appoinment, tranfer, separation, suspension, and reinstatement. This Act also protects tenure of office.

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

3.   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.

4.   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.

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

6.   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.

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

8.   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.

9.   Republic Act No. 4447 – 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.

10.                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.

11.                .Republic Act No. 4670 - This Act is known as the “ Magna Carta for Public School Teachers” and shall apply to all public school teachers except those on professional staff of state and universities.

12.                Republic Act No. 4968 – This law increase the retirement benefit of the teachers.

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

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

15.                Republic Act No. 6110 – This is called the Omnibus Tax Law.

16.                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.

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

Importance of Legal Bases of School Administration and Supervision

1. It provides the foundation from which one can begin to understand and apply the principles of constitutional, administrative, and judicial law to school settings.
2. It provides a framework of law within which orderly governmental processes may operate.
3. Improvement of teaching and learning.
4. Development of needed teaching competences.
5. Helps to interprets school programs to the community.
6. Examines continuously school instructional goals and assesses teacher’s performance in meeting such goals.