Paul Anthony P.

Yambot

Educational Laws and Legal Basis in Education

Saturday 11:00-2pm

Educational Laws

Education law deals with laws and regulations that govern federal and state schools,

school boards and school systems, as well as protecting students' rights. This field

covers curriculum instruction methods, school athletics, operation and administration of

school institutions, programs, educational materials, discrimination and school

discipline. Education law developed as a legal specialization to ensure all students,

faculty and staff within an educational system are treated fairly and their civil rights are

not compromised.

Education institutions have an important role to play in forging this new

engagement model with young people and in cultivating a sense of shared responsibility

for our common future.  This is why a key pillar of global citizenship education is

learning about the rule of law. The rule of law is essential to develop trustworthy

institutions and relationships of mutual trust in institutions, by ensuring they are held

accountable, transparent and accessible to all. Promoting the rule of law requires

systems, such as governance and justice that safeguard human rights and also citizens

that are empowered to participate and engage constructively in society.

Education systems that uphold and promote respect for the rule of law, in adherence

with international human rights and fundamental freedoms, nurture mutual trust

between learners and public institutions. Moreover, education that adheres to the

principles of the rule of law can help develop learners’ ability to critically understand

essential elements of accountability, equality and fairness. For instance, schools can

model a culture of transparency by having a policy of sharing school data with the public

(open school data).

Promoting the rule of law through education also helps learners acquire the knowledge,

skills, values and attitudes they need to contribute constructively to society. It allows

them to positively shape public institutions and their policies, thereby encouraging non-

violent and peaceful avenues of civic engagement.

This has been categorized into 4 dimensions of the Legal Basis of Philippine

Education such as;

 The Philippine Constitution of 1987

It provides that the state shall protect and promote all citizens to quality education at all

levels and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall: (1) Establish, maintain, and support a complete, adequate,

and integrated system of education relevant to the needs of the people and society; 2)

Establish and maintain, a system of free public education in the elementary and high

school levels; (3) Establish and maintain a system of scholarship grants, student loan

programs, subsidies, and other incentives.

 The Educational Decree 6-A

This Decree shall be known as the Educational Development Decree of 1972. It is to

strengthen national consciousness and promote desirable values in changing world.

Respond effectively to changing needs and conditions of the nation through a system

of educational planning and evaluation.

It is hereby declared to the policy of the government to ensure, within the context of a

free and democratic system maximum contribution of the educational system to the

attainment of the following national goals.

To achieve and maintain an accelerating rate of economic development and social

progress.

To assure the maximum participation of all the people in the attainment and enjoyment

of the benefits of such growth and

To strengthen national consciousness and promote desirable cultural values in a

changing world.

 The Educational Act of 1982

It is the policy of the State to established and maintains a complete, adequate and

integrated system of education relevant to the goals of national development. Toward

this end, the government shall ensure, within the context of a free and democratic

system, the maximum contribution of the educational system to the attainment of the

following national developmental goals: 1. To achieve and maintain an accelerating

rate of economic development and social progress; 2. To ensure the maximum

participation of all the people in the attainment and enjoyment of the benefits of such

growth; and 3. To achieve and strengthen national unity and consciousness and
preserve, develop and promote desirable cultural, moral and spiritual values in a

changing world.

 The Educational Act of 1994

"Higher Education Act of 1994."

Sec. 2. The State shall protect, foster, and promote the right of all citizens to affordable

quality education at all levels and shall take appropriate steps to ensure that education

shall be accessible to all. The State shall likewise ensure and protect academic freedom

and shall promote its exercise and observance for the continuing intellectual growth, the

advancement of learning and research, the development of responsible and effective

leadership, the education of high-level and middle-level professionals, and the

enrichment of our historical and cultural heritage.

State-supported institutions of higher learning shall gear their programs to national,

regional, or local development plans. Finally, all institutions of higher learning shall

exemplify through their physical and natural surroundings the dignity and beauty of as

well as their pride in, the intellectual and scholarly life.

These are the laws that stated or emphasizing educational laws in the Philippine

Constitution.

1987 CONSTITUTION ARTICLE XIV: Education, Science and Technology, Arts,

Culture and Sports

Education
Quality education is accessible to all. (Section 1)

The State Shall. (Section 2)

 Complete, adequate, and integrated relevant education. (2.1.)

 Free public education in the elementary and high school level. (2.2.)

 Scholarship grants, loans, subsidies and other incentives to deserving students in

both private and public schools. (2.3.)

 Non-formal, formal, and indigenous learning systems. (2.4)

 Vocational training to adults, disabled and out of school youth. (2.5)

 Study of the constitution. (3.1)

 Study of values. (3.2.)

e.g. patriotism, nationalism, foster love of humanity, respect for human rights,

appreciation of the role of national heroes in the historical development of the country,

teach the rights and duties of citizenship, strengthen ethical and spiritual values, etc.

Language

Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be

further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the

Government shall take steps to initiate and sustain the use of Filipino as a medium of

official communication and as language of instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of the

Philippines are Filipino and, until otherwise provided by law, English.

The regional languages are the auxiliary official languages in the regions and shall

serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be

translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of

representatives of various regions and disciplines which shall undertake, coordinate,

and promote researches for the development, propagation, and preservation of Filipino

and other languages.

Science and Technology

Section 10. Science and technology are essential for national development and

progress. The State shall give priority to research and development, invention,

innovation, and their utilization; and to science and technology education, training, and

services. It shall support indigenous, appropriate, and self-reliant scientific and

technological capabilities, and their application to the country’s productive systems and

national life.

Section 11. The Congress may provide for incentives, including tax deductions, to

encourage private participation in programs of basic and applied scientific research.

Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving

science students, researchers, scientists, inventors, technologists, and specially gifted

citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of

technology from all sources for the national benefit. It shall encourage the widest

participation of private groups, local governments, and community-based organizations

in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists,

inventors, artists, and other gifted citizens to their intellectual property and creations,

particularly when beneficial to the people, for such period as may be provided by law.

Sports

Section 19. (1) The State shall promote physical education and encourage sports

programs, league competitions, and amateur sports, including training for international

competitions, to foster self-discipline, teamwork, and excellence for the development of

a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the

country in cooperation with athletic clubs and other sectors