HISTORY, PHILOSOPHICAL AND LEGAL

FOUNDATIONS OF EDUCATION

MICHAEL ESPESOR,
maed
 A TRUE
LEADER
TAKES AN
ACTION,
NOT A
LEGAL BASIS OF
EDUCATION AND
SCHOOL
ADMINISTRATION
 ACTIVITY # 1
IN A GROUP: CREATE
YOUR OWN POLICY OR
GUIDELINES TO FINISH
YOUR BACHELOR’S
DEGREE.
DEFINE
POLICY
A POLICY is a deliberate system of
principles to guide decisions and
achieve rational outcomes. A policy
is a statement of intent, and is
implemented as a procedure or
protocol. Policies are generally
adopted by a governance body
within an organization. Policies can
assist in both subjective and
objective decision making.
Policies to assist in subjective decision
making usually assist senior
management with decisions that must
be based on the relative merits of a
number of factors, and as a result are
often hard to test objectively, e.g. work-
life balance policy. In contrast policies to
assist in objective decision making are
usually operational in nature and can be
objectively tested, e.g. password policy.
Policies are typically promulgated through
official written documents. Policy
documents often come with the
endorsement or signature of the executive
powers within an organization to legitimize
the policy and demonstrate that it is
considered in force. Such documents often
have standard formats that are particular to
the organization issuing the policy. While
such formats differ in form, policy
documents usually contain certain standard
components including:
A purpose statement,
outlining why the
organization is issuing
the policy, and what its
desired effect or
outcome of the policy
An applicability and scope
statement, describing who the
policy affects and which actions
are impacted by the policy. The
applicability and scope may
expressly exclude certain
people, organizations, or actions
from the policy requirements.
An effective date
which indicates when
the policy comes into
force. Retroactive
policies are rare, but
can be found.
A responsibilities section,
indicating which parties and
organizations are responsible
for carrying out individual
policy statements. Many
policies may require the
establishment of some
ongoing function or action.
Policy statements indicating the
specific regulations,
requirements, or modifications to
organizational behavior that the
policy is creating. Policy
statements are extremely
diverse depending on the
organization and intent, and may
take almost any form.
Some policies may
contain additional
sections, including:
Background, indicating any reasons,
history, ethical background statements,
and/or intent that led to the creation of
the policy, which may be listed as
motivating factors. This information is
often quite valuable when policies must
be evaluated or used in ambiguous
situations, just as the intent of a law
can be useful to a court when deciding
a case that involves that law.
Definitions, providing
clear and
unambiguous
definitions for terms
and concepts found in
the policy document.
WHAT IS THE
PURPOSE OF
POLICY?
FOUR TYPES
OF POLICY
Policies may be classified in
many different ways. The
following is a sample of
several different types of
policies broken down by their
effect on members of the
organization.
Distributive policies extend goods
and services to members of an
organization, as well as distributing the
costs of the goods/services amongst
the members of the organization.
Examples include government policies
that impact spending for welfare,
public education, highways, and public
safety, or a professional organization's
benefits plan.
Regulatory policies, or mandates,
limit the discretion of individuals and
agencies, or otherwise compel certain
types of behavior. These policies are
generally thought to be best applied
when good behavior can be easily
defined and bad behavior can be easily
regulated and punished through fines
or sanctions. An example of a fairly
successful public regulatory policy is
that of a highway speed limit.
Constituent policies
create executive power
entities, or deal with laws.
Constituent policies also
deal with Fiscal Policy in
some circumstances.
 Redistributive Policies
Policies are dynamic; they are not
just static lists of goals or laws.
Policy blueprints have to be
implemented, often with unexpected
results. Social policies are what
happens 'on the ground' when they
are implemented, as well as what
happens at the decision making or
legislative stage.
 When the term policy is used, it
may also refer to:
•Official government policy
(legislation or guidelines that
govern how laws should be put
into operation)
•Broad ideas and goals in
political manifestos and
pamphlets
•A company or organization's
policy on a particular topic.
For example, the equal
opportunity policy of a
company shows that the
company aims to treat its
entire staff equally.
EDUCATION
POLICY
WHY SCHOOL
HAVE POLICY
AND
PROCEDURE?
Education policy consists of
the principles and
government policies in the
educational sphere as well
as the collection of laws and
rules that govern the
operation of education
systems.
•Or simply we can say that An Education Policy is a
past or up to date statement or series of statements
which explain, recommend or exclude a course of
action or actions to be taken to run the system of
education. These statements are usually written, but
they could be oral.
•Education occurs in many forms for many purposes
through many institutions. Examples include early
childhood education, kindergarten through to 12th
grade, two and four year colleges or universities,
graduate and professional education, adult education
and job training. Therefore, education policy can
directly affect the education people engage in at all
ages.
• Examples of areas subject to debate in education
policy, specifically from the field of schools, include
school size, class size, school choice, school
privatization, tracking, teacher selection, education
and certification, teacher pay, teaching methods,
curricular content, graduation requirements, school
infrastructure investment, and the values that
schools are expected to uphold and model.
• Issues in education policy also address problems
within higher education. The Pell Institute analyzes
the barriers experienced by teachers and students
within community colleges and universities. These
issues involve undocumented students, sex
education, and federal grant aides.
• Education policy analysis is the
scholarly study of education policy. It
seeks to answer questions about the
purpose of education, the objectives
(societal and personal) that it is designed
to attain, the methods for attaining them
and the tools for measuring their success
or failure. Research intended to inform
education policy is carried out in a wide
variety of institutions and in many
academic disciplines.
TEACHER
POLICY
Teacher policy is education policy
that addresses the preparation,
recruitment, and retention of
teachers. A teacher policy is guided
by the same overall vision and
essential characteristics as the
wider education policy: it should be
strategic, holistic, feasible,
sustainable, and context-sensitive.
II. POLICY
MAKER
A policy maker is someone who
creates ideas and plans,
especially those carried out by a
business or government. A
mayor, a school board, a
corporation’s board of directors,
and the President of the United
States are all policy makers.
A policy maker is someone who
makes policies. Surprise! (Not.) In
a government, there are many
policy makers, including the
President and his advisers. In
business, members of the board of
directors may be the primary policy
makers, but usually a policy maker
refers to someone in politics.
III. POLICY
MAKING
WHY POLICY
MAKING IS
IMPORTANT?
THE POLICY
MAKING
PROCESS
Public policy refers to the actions taken
by government — its decisions that are
intended to solve problems and improve
the quality of life for its citizens. At the
federal level, public policies are enacted
to regulate industry and business, to
protect citizens at home and abroad, to
aid state and city governments and
people such as the poor through funding
programs, and to encourage social goals.
A policy established and
carried out by the
government goes through
several stages from inception
to conclusion. These are
agenda building, formulation,
adoption, implementation,
evaluation, and termination.
 Agenda building
Before a policy can be created, a
problem must exist that is called to
the attention of the government.
Illegal immigration, for example, has
been going on for many years, but it
was not until the 1990s that enough
people considered it such a serious
problem that it required increased
government action.
 Formulation and Adoption
Policy formulation means coming up with an
approach to solving a problem. Congress,
the executive branch, the courts, and
interest groups may be involved.
Contradictory proposals are often made.
The president may have one approach to
immigration reform, and the opposition-
party members of Congress may have
another. Policy formulation has a tangible
outcome: A bill goes before Congress or a
regulatory agency drafts proposed rules.
 Implementation
The implementation or carrying out of policy
is most often accomplished by institutions
other than those that formulated and
adopted it. A statute usually provides just a
broad outline of a policy. For example,
Congress may mandate improved water
quality standards, but the Environmental
Protection Agency (EPA) provides the
details on those standards and the
procedures for measuring compliance
through regulations.
 Evaluation and Termination
Evaluation means determining
how well a policy is working, and
it is not an easy task. People
inside and outside of
government typically use cost-
benefit analysis to try to find the
answer.
 STAGES IN
POLICY
DEVELOPMEN
T
 1. Identify Need
In anticipation of need (e.g. child
protection policies should be in place
once an organisation starts to work with
children or young people); and
In response to need (e.g. a policy
position on a government strategy may
be developed in response to a
consultation paper).
 2. Identify who will take lead
the responsibility
Delegate responsibility to an
individual, working group, sub-
committee or staff members,
according to the expertise
required.  (More on the
management committee's role in
policy development.
 3. Gather Information
Do you have any legal
responsibilities in this area?  Is your
understanding accurate and up to
date?  Have other organisations
tackled the same issue?  Are there
existing templates or examples that
you could draw on?  Where will you
go for guidance?
 4. Draft Policy
Ensure that the wording
and length or complexities
of the policy are
appropriate to those who
will be expected to
implement it.
 5. Consult with appropriate
stakeholders
Policies are most effective if those
affected are consulted are supportive
and have the opportunity to consider
and discuss the potential implications of
the policy.  Depending on whether you
are developing policies to govern the
internal working of the organisation or
external policy positions, you may wish
 Supporters;
Staff and volunteers;
Management Committee
members; and
Service users or
beneficiaries.
 6. Finalise / approve policy
Who will approve the policy?  Is this a
strategic issue that should be approved
by the Management Committee or is
the Committee confident that this can
be dealt with effectively by staff?  Bear
in mind that, ultimately, the
Management Committee is responsible
for all policies and procedures within
the organisation.
 7. Consider whether procedures are
required
Procedures are more likely to be
required to support internal policies.
 Consider whether there is a need for
clear guidance regarding how the policy
will be implemented and by whom.
 (E.g. a policy regarding receiving
complaints will require a set of
procedures detailing how complaints
will be handled).  
 8. Implement
How will the policy be
communicated and to whom?  Is
training required to support the
implementation among staff and
volunteers?  Should the
organisation produce a press
release (for external policy
positions)?
 9. Monitor, review, revise
What monitoring and reporting
systems are in place to ensure
that the policy is implemented
and to assess usage and
responses?  On what basis and
when will the policy be reviewed
and revised (if necessary)?
 
Legal bases of school
administration and
supervision
 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 was transferred to
the Second Philippine
Commission.
LAWS RELATED TO
SCHOOL
ADMINISTRATION
AND SUPERVISION
 WHAT IS THE
DIFFERENT
BETWEEN THE
LEGISLATIVE,
EXECUTIVE AND
JUDICIAL?
 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 supervision 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 7 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.
11. Presidential Decree No. 176 – This
control and administration of all
educational institutions already
established or hereafter 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
PERSONEL
1. Commonwealth Act No. 117 – This Act
places the public school teachers under
Civil Rules and Regulations as to their
examination, appointment, transfer,
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 teacher
has 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. 447 – 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 discretion of the
President of the Republic.
11. Republic Act No. 5168 – This is
known as the public school teacher
salary standardized act.
12. Republic Act No. 6040 – This
act amended section 24 of civil
service act 1959.
13. Republic Act No. 6110 – This is
called the Omnibus Tax Law.
14. 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.
15. Republic Act No. 6362
– This act amended R.A
5168 otherwise known as
the Public School Teacher
Salary Standardization Act
and Appropriating Fund
therefore.
LAWS RELATED
TO SCHOOL
CURRICULUM
1. Department Order No. 1955 – The
secretary provides that religions
instruction maybe schedule during the
school session in such a way as to
enable the teacher in religion to teach in
the public school building for more 30
minutes period a day, three times a week,
to different groups of pupils in the same
school. Provided no pupil is given
instruction under this arrangement for
more than the maximum length of time
2. Republic Act No. 343 – This
act provide for the inclusion of
Spanish as a course or subject
in all high schools, private or
public of the Philippines.
3. Republic Act No. 709 – This
act made the teaching of
Spanish obligatory in all courses
of public.
4. Republic Act No. 1425 – This act
requires that courses on the life,
works and writings of Jose Rizal,
particularly his novel Noli Me
Tangere and El Filibusterismo shall
be included in the curricula of all
private and public schools colleges
and universities and private
colleges and universities in the
Philippines.
5. Republic Act No. 1881 – This act states
that all students enrolled in the courses in
law, commerce, foreign service, liberal arts
and education are required to complete at
least 24 units of Spanish.
6. Department Order No. 19, 1970 – This
department order increased time allotment
for language arts from 30 to 40 minutes in
grade 1 and 2 from 40 to 60 minutes in
grade 3 and 4 from 60 to 80 minutes in the
intermediate grades.
7. Republic Act No. 5946 – This law
amended the Medical Act of 1959.
The acts state that the students
seeking admission to medical
school must have a Bachelor
Degree in Science or in Arts.
Presidential Decree No. 6-A – This
decree is known as Educational
Development Decree of 1972.
 LAWS
RELATED TO
LEARNERS
1. Commonwealth Act no. 80
- this act provided for
organization of the office of
adult education under
director of adult education,
who was appointed by the
president with consent of the
commission on appointment.
2. Republic Act no. 124 - this law requires
private school, colleges and universities
having an enrolment of 300 or more to
employ a part or full time physician who
conduct an annual physical examination
of their students.
3. Republic Act no. 896 - this provides for
compulsory education of 7 years and
made it mandatory on the part of parents
to enrol their children in public schools
upon attaining 7 years of age
4. Republic Act no. 4206 - this law
prohibits the collection of
contribution for the red cross, Anti-
Tuberculosis, PTA’s school athletic
meets, medical and dental service
or any other projects or purpose
whether voluntary or otherwise from
school children of public primary of
intermediate schools.
5. Republic Act no. 4090 - an act
providing for state scholarship in
science, arts and letters and for
poor and deserving students,
creating a state scholarship council
to integrate, systematize, administer
and implement all program of
scholarship, and appropriate funds
thereof.
6. Republic Act no. 4725 - this act
amended Republic no. 4206 the
collection of contribution for Anti-
Tuberculosis, Parent, Teacher
Associations, School athletic meets,
medical and dental service school
children and teachers of public
primary of intermediate and high
school is hereby prohibited.
7. Republic Act no. 6139 - this act is known
as the “Tuition Fee Law”. Presidential
Decree no. 146 - this Decree is known as
the National College Entrance Examination
was promulgated with no other purpose
but to regulate the admission of students
to all four year or to five year degree
programs in the country so, as to improve
the quality of higher education and to
distribute students among different
courses, thus meeting the manpower
needs of the country.
 LAWS
RELATED TO
FINANCE AND
SUPPORT
1. Commonwealth Act no. 586 - section 7
of this act nationalized the support of the
elementary school except chartered cities.
2. Republic Act no. 364 - this act
authorizes all vocational school to collect
tuition fees and received contributions from
private persons and contract loans from
the government and private banks and
other financial institutions and to create a
special trusts fund for each school.
3. Republic Act no. 1284 - this law
exempt from amusement tax all
athletics meets, school program and
exhibitions, and other educational
activities conducted by public schools,
by amending the National Internal
Revenue Code.
4. Republic Act no. 5447 - this act is
otherwise known as Special
Educational Fund Act.
 OTHER LAWS
AFFECTING
SCHOOL
ADMINISTRATION
AND
1. Executive Order no. 56 - this act authorizes
the Director of the Bureau of the private
schools to call upon the members of the
government examination boards for technical
advice.
2. Republic Act no 139 - this act is the present
basis for the selection and adaptation of
textbooks to be used in public and private
schools.
3. Republic Act no. 1147 - this act provides for
holding of regular and promotional teachers,
civil service examination at least once every
4. Republic Act no. 1265 - this act makes flag
ceremony compulsory in all educational
institutions.
5. Republic Act no. 1880- an act amending
section 562 and 564 of the Revised
Administrative which prescribes the legal hours of
labor, eight hours a day, five days a week or forty
hours a week.
6. Republic Act no. 416 - the law converted the
present Philippine Normal School into Philippine
Normal College conferring the Degree of
Bachelor Science in Elementary Education and
Master of Arts in Education.
7. Department Order 1, 1957 - this program is
otherwise known has the 2-2 plan.
8. Department Order 27, 1972 - this order gives
the heads of the Institution Authority to expels,
dismiss, suspend indefinitely, or cause the
expulsion, dismissal, or suspension of any
faculty members, employees and student, who
after investigation were found to have been
engaged or were engaged in supervision or
similar illegal activities or were known to be
active member subversive organizations and
activities.
9. Department Order no. 30, 1972 -
this prescribed the use of
identification cards by all students,
faculty and staff members in each
institution.
10. Department Order no. 33, 1972
- the standard operating procedure
screening university personnel were
spelled out in this order.
11. Department Order no. 32, 1972 -
this order granted academic freedom to
faculty members under certain
conditions.
12. Department Oder no. 1972 - the
major point this order is to stimulates
students and faculty members of
colleges and universities to have build
a New Society within the context of the
Decree issue in the proclamation of
1081.
 CIRCULARS
WHICH AFFECTS
ADMINISTRATION
AND
SUPERVISION
1. B.P.S. Circular no. 1, 1946 -
discharged Filipino veterans who
had been active in service with the
US and Military forces and who
meet certain requirements
prescribed by law are eligible for
education or training under Public
Law 348 in any approved school,
colleges, universities or other
institution of learning.
2. B.P.S. Circular no. 32, 1952 - this
circular state that a public school
teacher must have rendered at least
2 years of satisfactory service
before he can teach in private
schools.
3. B.P.S Circular no. 4, 1956 -
(requiring Mathematics Subjects
and Physics in the secondary
course)
LEGAL POSTULATES ON HUMAN RESOURCE
MANAGEMENT

A. DepEd Order 40-The Child Protection

Policy

CHILDREN’S RIGHTS

1. Right against Discrimination- wearing of

lipstick by gay students is not condemnable
act.
LEGAL POSTULATES ON HUMAN RESOURCE
MANAGEMENT

A. DepEd Order 40-The Child Protection Policy

CHILDREN’S RIGHTS

2. RA 9710-Magna Carta of Women

-Students who got pregnant are not
dismissable. Leave of absence must be
observed.
 LEGAL POSTULATES ON HUMAN RESOURCE
MANAGEMENT

A. DepEd Order 40-The Child Protection Policy

CHILDREN’S RIGHTS
3. RA 9165-The Comprehensive dangerous Drugs Act of
2002

-The penalty imposable to pupils/students involved in

drugs is outright suspension of 5 days only and not
dismissal. Under the law, Minor-Users has even the
right to rehabilitation.
 LEGAL POSTULATES ON HUMAN RESOURCE
MANAGEMENT

A. DepEd Order 40-The Child Protection Policy

CHILDREN’S RIGHTS
4. RA 10930-The Anti-Hospital Deposit Law of 2017
-Pupils/students who are dengue victims has the right
to be hospitalized without a need of posting/paying a
deposit. Any injury sustained by students in school
with an element of emergency has the right to be
rushed to the hospital without a need of deposit.
 LEGAL POSTULATES ON HUMAN RESOURCE
MANAGEMENT

A. DepEd Order 40-The Child Protection Policy

CHILDREN’S RIGHTS
5. RA 10627-The Anti-Bullying Act (ABA “13)
-Penalty to Bully
1. Suspension
2. Dismissal
3. Expulsion

FORMS OF BULLYING
1. Verbal 3. Gesture 5. Social
2.physical 4. Cyber
 Take home message..

“ School stewardship is not just a

professional honor, but an obligatory act to
see to it that children learned and parents
felt gratified.”

-Dr.Corazon Aguilar-David,LL.B
THANK YOU!