Legal Bases

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LYCEUM-NORTHWESTERN UNIVERSITY

Dagupan City
INSTITUTE OF GRADUATE AND PROFESSIONAL STUDIES

LEGAL BASES
A. CLARIFYING RIGHTS OF STUDENTS IN
SCHOOL (SEC. 9)
B. IDENTIFYING STUDENT DISCIPLINE ISSUES
C. PROVIDING FOR STUDENTS WITH
DISABILITIES
EDNA MAY S. DE GUZMAN MARY JOY C. AGSALON, EdD

DISCUSSANT PROFESSOR
A. CLARIFYING
RIGHTS OF STUDENTS
IN SCHOOL (SEC. 9)
BATAS PAMBANSA
BILANG 232
• Section 9. Right of Students in School – In
addition to other rights, and subject to the limitation
presented by law and regulations, and student and
pupils in all schools shall enjoy the following rights:
RIGHTS OF STUDENTS IN SCHOOL (SECTION 9)
• The right to receive, primarily through competent instruction,
relevant quality education in line with national goals and conducive
to their full development as person with human dignity.
• The right to school guidance and counseling services for decisions
and selecting the alternatives in fields of work suited to his
potentialities.
• The right of access to his own school records, the
confidentiality of which the school shall maintain and
preserve.
• The right to the issuance of official certificates, diplomas,
transcript of records, grades, transfer credentials and other
similar documents within thirty days from request.
• The right to publish a student newspaper and similar
publications, as well as the right to invite resource persons
during assemblies, symposia and other activities of similar
nature.
• The right to free expression of opinions and suggestions, and
to effective channels of communication with appropriate
academic channels and administrative bodies of the school or
institution.
• The right to form, establish, join and participate in
organizations and societies recognized by the school to foster
their intellectual, cultural, spiritual and physical growth and
development, or to form, establish, join and maintain
organizations and societies for purposes not contrary to law.
• The right to be free from involuntary contributions, except
those approved by their own organizations or societies.
B. IDENTIFYING
STUDENT
DISCIPLINE
ISSUES
Every school shall maintain discipline inside the school
campus as well as outside the school premises when learners
are engaged in activities authorized by the school.

The School Head shall have authority, accountability and


responsibility for creating an environment within the school
that is conducive to teaching and learning.
Teachers shall be deemed persons in authority when in the
discharge of lawful duties and responsibilities, and shall,
therefore, be accorded due respect and protection.

Therefore, the school shall impose appropriate and reasonable


disciplinary measures in case of offenses or infractions of
good discipline.
DISCIPLINARY
CASES
CONSIDERING THE FOREGOING, THE FOLLOWING ARE THE
INFRACTIONS OR VIOLATIONS OF THE LEARNERS THAT MAY
BE SUBJECTED TO INTERVENTIONS AND PENALTIES AS
WARRANTED:
1. Cheating/dishonesty
2. Stealing
3. Assaulting a teacher, or any other school authority or his agents, or
other learner/s
4. Smoking inside the school premises and bringing tobacco
products, vapes, etc.
5. Vandalism – writing on or destroying school property like chairs,
tables, windows, books, laboratory equipment and others
6. Gambling of any sort
7. Drinking intoxicants and liquor or entering the school premises
under the influence of liquor, or bringing of alcoholic beverages
8. Carrying and concealing deadly weapons or instruments
9. Extortion or asking money or in kind from others
10. Fighting, causing injury to others
11. Hazing in any form or manner whether inside or outside the
school premises
12. Sexual abuse, immorality, illicit relationships
13. Instigating, leading or participating in concerned activities
leading to stoppage of classes
14. Preventing, threatening learners or faculty members or school
authorities from discharging their duties or from attending classes or
entering school premises
15. Forging or tampering with school records or transfer forms
16. Patronizing suspected prostitution den, gambling and
pornographic places
17. Bringing, using and selling of pornographic materials
18. Selling stolen goods in school
19. Absenteeism, cutting of classes, and tardiness
20. Uttering (plastic cups, bottles, candy wrappers or any
waste) inside the school campus specially inside the
classroom and corridors
16. Patronizing suspected prostitution den, gambling and
pornographic places
17. Bringing, using and selling of pornographic materials
18. Selling stolen goods in school
19. Absenteeism, cutting of classes, and tardiness
20. Uttering (plastic cups, bottles, candy wrappers or any
waste) inside the school campus specially inside the
classroom and corridors
21. Loitering and staying inside or outside the school campus during
class hour
22. Bringing in and using gadgets like cellular phones, i-pad, psp, etc.
inside the school campus (R.M. No. 207 s 2018)
23. Unruly behavior inside the classroom or school premises, during
assemblies, school activities, etc.
24. Uttering profanities/swearwords inside the school campus
25. Going to restricted places
26. Tampering of school ID such as placing stickers and other
objects on school ID,
27. Not giving letter to parents
28. Drug dependency or drug use, possession, and sale of
prohibited drugs such as marijuana, ecstasy, shabu, etc. (it
shall be subject to the Guidelines prescribed by DO 40 s. 2012
entitled Guidelines for the Conduct of Random Drug Testing
in Public and Private Secondary Schools, and RA 9165 and its
IRR)
29. Joining fraternities, sororities, and gangs;
30. Bullying acts – physical, emotional, mental and
cyber-bullying (Bullying cases or offenses shall be
handled in accordance with Republic Act 10627 and
DepEd Order No. 55, s. 2013)
31. Other analogous acts that may endanger/threaten
any learner, school personnel, or the school.
• The School may add to the list above as long as it is
presented and approved by the GPTA, and the Schools
Division Office subject to existing laws, rules and
regulations;
• The School may categorize the offenses as minor, less
grave, and grave offense. In case of doubt as to the
category, it shall be the lesser offense.
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;
SECTION 3. CODE OF DISCIPLINE OR STUDENT MANUAL.
• (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.
C. PROVIDING FOR
STUDENTS WITH
DISABILITIES
MANILA – President Rodrigo Roa Duterte has signed a law
mandating all schools nationwide to ensure inclusive education for
learners with disabilities.
• Republic Act (RA) 11650, inked by Duterte on March 11, provides
that no learner shall be denied admission based on their disability.
• The new law provides that all schools, whether public or private,
shall ensure equitable access to quality education to every learner
with disability.
• “The policy of inclusion is hereby instituted in all early and basic
education schools, both public and private,” the law read.
• The implementing rules and regulations (IRR) of RA 11560 must
be included in the admission systems and policies of all schools.
• The IRR, according to the law, shall include the provision of
assistive devices, facilities and infrastructure in the admission
process, and other forms of reasonable accommodation.
• Under RA 11560, all learners with disabilities, whether enrolled in public or
private schools, shall be accorded services and reasonable accommodation
based on the Individualized Education Plan (IEP) and shall have the right to
avail of the appropriate support and related services.

Learning center for learners with disabilities


• The law also mandates the creation of an Inclusive Learning Resource Center
(ILCR) of learners with disabilities.
• The ILRC shall be a “physical or virtual center” that will serve as a one-stop
shop for the delivery of free support services to learners with disabilities and the
implementation of inclusive education programs.
• The Department of Education (DepEd), in collaboration with local
government units (LGUs), shall initially establish and maintain at
least one ILCR in all cities and municipalities.
• ILCRs may also be established in every school’s district based on
the multi-year roadmap of cities and municipalities and the
availability of resources.
• “All existing SPED (Special Education) Centers shall be converted
to and renamed as ‘Inclusive Learning Resource Center,’” RA
11560 read.
• “The LGUs may establish satellite ILRCs in schools, the operations
and maintenance of which shall be included in the School
Improvement Plan (SIP),” it added.

• The SIP will serve as a roadmap that lays down the school’s
specific interventions and solutions to corresponding identified
priority improvement areas and aims to improve access, quality,
and governance in basic education.
• “Private early or basic education schools may likewise establish
additional facilities needed for the education of learners with
disabilities, in coordination with ILRCs within their cities or
municipalities,” the law said.

• All public and private basic educational institutions and ILRCs are
given a period not exceeding five years from the effectivity of RA
11560 to comply with the provisions and requirements of the law.
ILRCs’ mandate
• ILRCs are directed to implement the Child Find System, a system that
will ensure all learners with disabilities, who are not receiving early
and basic education services, are identified, located, and evaluated.
• They are also mandated to form a multidisciplinary team that will
conduct education assessments and diagnosis of learners with
disabilities, to identify specific development areas of concern and
determine appropriate services and placement options for the
preparation of their IEPs.
The multidisciplinary team shall be composed of an
educational psychologist, guidance counselor, psychometrician,
developmental pediatrician, neurological psychiatrist, physical
therapist, occupational therapist, speech and language therapist
and pathologist, reading specialist, specialist for Braille,
Filipino Sign Language specialist and interpreter, visual
specialist, special needs teacher, and ILCR supervisor.
• ILRCs must also provide and facilitate consultative
mechanisms, counseling, technical assistance, and training to
general basic education teachers, administrators, CDC child
development workers and teachers, non-teaching personnel,
parents, care providers, guardians, or other family members on
the education of learners with disabilities.
Advisory committee
• The law also mandates the creation of an Advisory Committee for
Education of Learners with Disabilities.
• The committee shall be composed of representatives from various
disability sectors and a representative from the academe.
• It is tasked to formulate policies, plans and strategies for the
education of learners with disabilities, conduct research and policy
studies on inclusive education, and monitor the delivery of services
for learners with disabilities.
• The law also mandates the creation of an Advisory Committee for
Education of Learners with Disabilities.
• The committee shall be composed of representatives from various
disability sectors and a representative from the academe.
• It is tasked to formulate policies, plans and strategies for the
education of learners with disabilities, conduct research and policy
studies on inclusive education, and monitor the delivery of services
for learners with disabilities.
THANK YOU FOR LISTENING!
• REFERENCES:
Deped
Guidelines In The Development Of Learners' Discipline Manua
l–
Teacherph
Student Discipline And Teacher Protection Act (House Bill No.
5735) –
Teacherph
PRRD Oks Inclusive Education For Learners With Disabilities |
Philippine News Agency (
Pna.Gov.Ph)

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