Friday, August 26, 2016

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.


Educational Theories and Policies on Republic Period 1935 Constitution

What is a Constitution?

  • Part of a country's sovereignty
  • The fundamental and supreme law of the land
  • Basis of all the other laws in the land
  • Serves as a guide to the government in making decisions

Framework of 1935 Constitution


Summary of 1935 Constitution

·        written and signed by Claro M. Recto, President Constitutional Convention

·        created in accordance with the establishment of the Commonwealth Republic

·        Tydings-Mcduffie Law of 1934 caused the drafting of the 1935 constitution

·        effectivity was halted during the Japanese occupation but continued in 1946 until 1972

·        constitution had to be approved by Pres. Franklin Roosevelt

·        ratification of constitution included women for the first time

  • The 1935 Constitution was written in 1934, approved and adopted by the Commonwealth of the Philippines (1935–1946) and later used by the Third Republic (1946–1972). It was written with an eye to meet the approval of the US Government as well, so as to ensure that the U.S. would live up to its promise to grant the Philippines independence and not have a premise to hold onto its possession on the grounds that it was too politically immature and hence unready for full, real independence.

  • The 1935 Constitution of the Philippines served as the fundamental law of the land from 1935 to 1972. It establishes the Commonwealth of the Philippines and provides that upon withdrawal of American sovereignty in the country and the declaration of Philippine independence, said commonwealth shall be known as the Republic of the Philippines.

  • The draft of the 1935 Constitution, adopted by the Philippine Constitutional Convention on 8 February 1935, provides for a unicameral Legislature and a single six-year term for the President. The draft was submitted to US President Franklin D. Roosevelt on 18 March 1935. He, in turn, certified that it conforms with Public Act No. 127 which was passed by the U.S. Congress on 23 March 1935 and forwarded the same to the Governor General of the Philippine Islands for ratification of the Filipino people. The constitution was ratified on 14 May 1935.

  • The 1935 Constitution was amended in 1940 and in 1947. This version incorporates all the amendments. 

Legal Bases of  Philippine Education in 1935 Constitution, Article XIV, Sec. 5:

·         Section 5. All educational institutions shall be under the supervision of and subject to regulation by the State. The Government shall establish and maintain a complete and adequate system of public education, and shall provide at least free public primary instruction, and citizenship training to adult citizens. All schools shall aim to develop moral character, personal discipline, civic conscience, and vocational efficiency, and to teach the duties of citizenship. Optional religious instruction shall be maintained in the public schools as now authorized by law. Universities established by the State shall enjoy academic freedom. The State shall create scholarships in arts, science, and letters for specially gifted citizens.


REPUBLIC PERIOD
 Brief History
 • Transition gov’t ended in 1945, same year World War II ended • July 4, 1946- 3rd Philippine Republic inaugurated at Luneta
• Most meaningful and solemn moment of the independence ceremony was the raising of the Philippine flag by Pres. Roxas and lowering the American flag by Ambassador McNatt.
• Philippine Rehabilitation Act  appropriated with $620 million by U.S Sen. Milliard Tydings in exchange of Philippines grant parity rights to Americans- equal rights with Filipino citizen to develop and exploit natural resources of the Philippines and to operate public utilities in the country.
Educational System/ Curriculum

1. Manuel Roxas (1946-1948)
• Focused on the rehabilitation of the school system which was in keeping with the policies of the government.

• 80% of the schools were ruined; cost of reconstruction: 126 million (annual deficit: P200 million)

 • Executive Order #94- (1947): Department of Instruction to Department of Education
Republic Act # 139- “Board on Textbooks” Section 1.

 • Republic Act # 426 (June 18, 1949): PNS to PNC (BS Eed & MA Ed)


2. Elpidio Quirino (1948-1953)

·    The review and revision of the objectives in the proposed development program in the school system.

·    Providing a liberal culture basic to the good life

3. Ramon Magsaysay (1953-1957)

• Attainment of Social and Economic development.
• Republic Act #896 (June 10, 1953)- Elementary Education Act of 1953. This new law   restore Grade 7 VII which was abolished by the Education Act 1940.
• Republic Act #1124 (June 16, 1954) -created Board of National Education -Sen. Jose P.  Laurel as chairman of the Board’s Committee on Education -University of Masses (basic philosophy of education)
• Republic Act #1265 (June 11, 1955)- compulsory daily flag ceremony
• Republic Act # 1425 (June 12, 1956)- Rizal as subject

4. Carlos P. Garcia (1957-1961)

· The full-day primary school session, which stated in the implementation of Commonwealth Act 586, has been restores and the maximum size of classes has been reduced from 60 to 40 pupils.
· The vernacular is now being used as a medium of instruction in the first two years of the primary grades for optimum literacy, especially among those pupils who can stay in school for only a few year.
· The revision of secondary curriculum emphasizing the science and mathematics
· Emphasis on vocational education such as Home Industries.

5. Diosdado Macapagal

·                          Formulation and implementation DepEd objectives and policies that will improve the quality              of instruction and strengthen the curricula in all levels of instruction.

·                         Educational Program
           •The concept of academic freedom
           •Only universities established by the State
           •Religious instruction in the public schools
           •The creation of scholarships in the arts, sciences and letters was for specially gifted

·                    Focus on Educational Practices such as:
        •Moral Character
•Vocational Efficiency
•Productivity

 •Complete and adequate system of public