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Republic of the Philippines hey A
HOUSE OFREPRESENTATIVEs [[Q. _ RECEIVED e)
Batasan Hills, Quezon City XZ DATE July 7, 2022 o
gy TIME _226pm
NINETEENTH CONGRESS
First Regular Session \ al a,
House Bill No.__1585 Wp IND aS

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. JUDE A. ACIDRE

AN ACT
TO STRENGTHEN THE ROLE OF PRIVATE BASIC EDUCATION IN THE
PHILIPPINES BY CREATING FOR THE PURPOSE THE PARTNERSHIP IN
PRIVATE EDUCATION BOARD, AND THE PARTNERSHIP FUND FOR
PRIVATE EDUCATION, APPROPRIATING FUNDS THEREOF, AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

This bill seeks to enhance the partnership between the government and
the private institutions in addressing the gap in relation to the educational
system in the Philippines.

While the national government has been extending assistance to private
educational institutions through the Government Assistance to Students and
Teachers in Private Education (GASTPE) Act, much is still needed to be done
to avert the exodus of students and teachers in private schools to public
schools. This has led to the closure of many private institutions, further widening
the gap in the educational system in the country.

This bill upholds the competitive neutrality and the Constitutional
complementarity in education to bring about legislations that will help private
educational institutions by keeping them afloat. This includes expanding the
Teachers Salary Subsidy (TSS) of teachers in private schools to a substantial


amount closer to the salaries of public school teachers, as well as the student
vouchers and scholarship grants to poor but deserving students in private
schools, among others.

It is the responsibility of the State to provide basic elementary and
secondary education and that of the most effective partners in bringing this
about is to improve access to quality education by decongesting public schools.
This can only be done by giving more support to private schools given their
valuable contribution to education.

In view of the foregoing, the passage of this bill is earnestly sought.

Rep. YEDDA IRIE K. ROMUALDEZ
Representative /Tingog Sinirangan

Rep. JUDE/A. ACIDRE
Representative, Tingog Sinirangan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. _1585

—

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ

and
HON. JUDE A. ACIDRE

————

AN ACT
TO STRENGTHEN THE ROLE OF PRIVATE BASIC EDUCATION IN THE
PHILIPPINES BY CREATING FOR THE PURPOSE THE PARTNERSHIP IN
PRIVATE EDUCATION BOARD, AND THE PARTNERSHIP FUND FOR
PRIVATE EDUCATION, APPROPRIATING FUNDS THEREOF, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and the House of the Representatives of the

Philippines in Congress assembled:

Section 1. Short Title. — This Act shall be known as the “Partnership in
Private Basic Education Act.”

Section 2. Declaration of Policy. — \t is the declared policy of the State
in conformity with the mandate of the Constitution, to promote and make quality
education accessible to all Filipino citizens. The State also hereby recognizes
the complementary roles of public and private educational institutions in the
educational system and the invaluable contribution made by private schools in
the education of young Filipinos.

For these purposes, in furtherance of its responsibility to provide
education for all, the State shall provide the mechanisms to improve quality in
private education by strengthening the role of private education in the
Philippines, institutionalizing the partnership between the government and

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private educational institutions, and creating such mechanisms to support their
institutional development.

Section 3. Creation of the Partnership in Private Education Board.
— There is hereby created the Partnership in Private Education Board, attached
to the Department of Education, which will have lead mandate to establish
policies, priorities, and objectives as well as direct and implement relevant
programs and projects in line with the government's comprehensive effort to
establish, maintain, and strengthen its partnership with private educational
institutions, to the extent permitted by law, guided by the principles of pluralism,
non-discrimination, inclusion, impartiality, and neutrality and in line with our
constitutional commitments guaranteeing the equal protection of the laws and
the free exercise of religion and the prohibiting the establishment of religion.

Section 4. Composition of the Board. - The Partnership in Private
Education Board, hereafter known as the Board, shall headed by the Secretary
of Education as chairperson and composed of the following as members:

(a) Secretary of Science and Technology;

(b) Secretary of Budget and Management;

(c) Director-General of the National Economic and Development
Authority;

(d) Chairman of the Commission on Higher Education;

(e) Director-General of the Technical Education and Skills Development
Authority;

(f) Two (2) Representatives of a nationwide association of
administrators of private basic educational institutions;

(g) Two (2) Representatives of a nationwide association of teachers
employed by private basic educational institutions;

(h) Representative of a nationwide association of non-teaching
personnel employed by private basic educational institutions.
The last three members shall be appointed by the Council upon the

recommendation of their respective sectors for a term of one (1) school


year subject to re-appointment for a maximum term of four (4) school
years.

Section 5. Functions. - The principal functions of the Board are:

(a) Develop, lead, and coordinate the government's efforts to strengthen
the role of private educational institutions, and to expand such role in
partnership with the relevant agencies of the national government;

(b) Ensure the day-to-day administration and program implementation
for the programs of assistance to private educational institutions;

(c) Design and recommend the implementation of appropriate
procedures and mechanisms for effective partnerships and
coordination with private educational institutions;

(4) Establish and support partnerships with individual _ private
educational institutions to respond effectively to pressing needs of
students and teachers and to provide durable learning solutions to
underserved communities;

(e) Strengthen the capacities of private educational institutions to deliver
educational services effectively in partnership with the national
government and other private organizations;

(f) Coordinate information activities designed to mobilize public support
for private educational institutions through volunteerism, special
projects, demonstration pilots, and public-private partnerships;

(g) Provide policy and legal education to policymakers and public
officials seeking ways to empower private educational institutions
and to improve the opportunities, capacity, and expertise of such
groups;

(h) Monitor implementation and the impact of the programs and projects
of the national government in partnership with private educational
institutions;

(i) Ensure that the activities, efforts, and performance of private
educational institutions meet high standards of excellence and
accountability;



() Serve as the lead government agency in determining and ensuring
effective coordination, collaboration, and engagement with private
educational institutions; and

(k) Perform such other functions and carry out activities as may be
directed by law.

Section 6. Government Assistance to Private Education. — The
government, in recognition of their complementary role in the educational
system, may provide aid to the programs of private educational institutions in
the form of subsidies, grants, or loans from government financial institutions:
Provided, That such programs meet certain defined educational requirements
and standards and contribute to the attainment of national development goals.

Section 7. Partnership Fund for Private Education. — The Partnership
Fund for Private Education (PFPE), to be appropriated annually under the
General Appropriations Act, is hereby created as a special trust fund for the
purpose of financing assistance and partnership programs with private basic
educational institutions: Provided, That the PFPE shall not be used to fund
personal services and other operational expenses of the Board: Provided,
further, That the balance of the PFPE including the amount appropriated in the
GAA which shall form part of the fund shall not revert to the general fund:
Provided, finally, That the Board shall submit to Congress and the President a
semi-annual financial report on the utilization of the PFPE.

The fund shall be suppletory to any annual appropriations allocated by
relevant government agencies for education-related programs and projects.
The fund shall encourage counterpart funding arrangements among private
educational institutions, community organizations, the private sector, and other
entities.

The Partnership in Private Education Board shall provide overall
strategic guidance in the management and use of the fund, provide for the
receiving and processing of projects sought to be financed by the fund; make
all decisions on the use of the fund, including final action on individual
applications for grants and/or loans; and perform such other acts as may be

6


necessary proper or conducive to the purposes and objectives of the fund and
its programs.

Section 8. Uses of the Fund. — The Partnership Fund for Private
Education (PFPE) shall be used to support assistance and partnership
programs with private basic educational institutions, such as, but not limited to,
the following:

(a) Service contracting payments using a student voucher system;

(b) Salary subsidy for teachers in private educational institutions;

(c) Subsidies for loans made from government financial institutions to
finance capital investments, including lot acquisition, infrastructure,
and equipment;

(d) Other projects eligible for financing such as continuing faculty
development, in-service trainings, purchase of library materials and
laboratory equipment, and other institutional development programs.

Section 9. Criteria for Assistance. - The Partnership in Private
Education Board shall implement assistance and partnership programs with
participating private basic educational institutions, based on a set of criteria
which shall include, among others, tuition fees charged by the schools, the
socio-economic needs of each region, giving priority to the fourth, fifth and sixth
class municipalities, the overall performance of the private schools, the
academic qualifications, the financial needs of the students, the teachers, and
private schools, as well as the geographic spread and size of student population
in the locality.

Section 10. Government Assistance to Students in Private
Education. - A portion of the Partnership Fund for Private Education (PFPE)
shall be allocated as tuition fee supplement through a student voucher system
for students enrolled in private schools participating in the assistance programs
of the Partnership in Private Education Board: Provided, that preference shall
be given to students whose family income is below poverty threshold income
as may be determined by the appropriate government agency; Provided,

7


further, That the family income qualifications may be adjusted depending on
the change in the economic circumstance and conditions in the country;
Provided, furthermore, That the participating school must provide a counterpart
of not less than twenty (20) per centum of the tuition fee payment; Provided,
finally, that the amount of assistance to be given under this section shall not
‘exceed the determined per student cost in a government school.

The Board shall fully pay the subsidized amount to participating schools
not later than one hundred eighty (180) days from the close of the enrollment
period.

Section 11. Government Assistance to Teachers in Private
Education. — A portion of the Partnership Fund for Private Education (PFPE)
shall be allocated as government subsidy to teachers employed by private
schools participating in the assistance programs of the Partnership in Private
Education Board: Provided, that the total subsidy to be received by teachers in
private basic educational institutions must not be more than thirty (30) per
centum of the salary of a counterpart in the public sector; Provided, further,
That the amount of monthly subsidy shall not exceed the amount of any monthly
salary increase that teachers in government schools shall after the effectivity of
this Act hereinafter receive: Provided, further, That teachers in private basic
educational institutions qualified to receive subsidy under this Act are duly
licensed by the Professional Regulation Commission: Provided, further, That
the government shall provide them with a voucher for the salary subsidy which
shall be reimbursed directly to the teachers within sixty (60) days after the close
of the school year upon submission of proof of qualification and actual teaching
service in a participating private high school: Provided, further, That ‘the present
allocation out of increases from tuition and other income shall be maintained:
Provided, finally, That in case of insufficiency of funds, priority ‘shall be given to
married teachers supporting a family.

Section 12. Loan Assistance for School Infrastructure and Capital
Investments. — The Social Security System and other government financial
institutions, except the Bangko Sentral ng Pilipinas (BSP) shall, any provision

8


in their respective charters to the contrary notwithstanding, provide preferential
financial packages for private basic educational institutions to fund capital
investments, including lot acquisition, construction of school infrastructure and
purchase of learning equipment, as well as improvement of existing facilities.
In consultation with the Board and the BSP, they shall, within thirty days from
the effectivity of this Act, issue and promulgate the necessary implementing
guidelines.

Section 13. Continuing Professional Development. — A portion of the
Partnership Fund for Private Education (PFPE) shall be allocated to provide for
scholarships for graduate degree, degree and non-degree programs,
workshops or seminars for faculty members in private educational institutions
or for in-service trainings to upgrade knowledge and teaching competencies in
critical subject areas and for the modernization of teaching techniques and
strategies: Provided, That such assistance shall be available only to qualified
licensed teachers in participating private basic educational institutions;
Provided, further, That faculty member recipients of such scholarships shall
serve as many number of years return service for every year of scholarship
availed of as may be determined by the Board in conformity with prevailing
National Economic and Development Authority (NEDA) policies on return
service of government scholars; Provided, finally, That the scholarship shall be
in priority courses as determined by the TESDA and the CHED and cannot be
awarded to promote or inhibit sectarian purposes.

Section 14. Appropriations. - The amount necessary for the creation
of the Board and the initial implementation of this Act shall be taken from the
current fiscal year's unexpended and unobligated appropriations of the
Department of Education. Thereafter, the amounts necessary for the
implementation of this Act shall be provided for in the annual General
Appropriations Act.

Other sources of funds such as grants, donations, and other forms of
assistance from local and foreign donor agencies, other public or private
entities, and other private domestic and international sources may be tapped
and facilitated by the Board to support the program, subject to regular auditing

9


guidelines and procedures: Provided, That in case of donations from foreign
sources, acceptance thereof shall be subject to existing government rules and
regulations.

Section 15. Penalties. - In case of any violation of the provisions of
this Act or the Rules and Regulations promulgated pursuant thereto by the
Department of Education, upon the recommendation of the Board, may bar the
institution from participating in or benefiting from the programs of this Act, and
from other programs of the Department, without prejudice to administrative and
criminal charges that may be filed against the school and/or its responsible
officers under existing laws.

Any school who shall refuse to furnish copies of their audited financial
statements to concerned sectors with whom they are having consultations prior
to tuition fee increases, shall forfeit the right to increase their tuition fees, in
addition to other penalties or sanctions as may be imposed under the preceding
paragraph or by existing laws.

Section 16. Joint Congressional Oversight Committee. — There is
hereby created a Joint Oversight Committee to oversee, monitor and evaluate
the implementation of this Act.

The Oversight Committee shall be composed of five (5) members each
from the Senate and from the House of Representatives, which shall include
the following: Chairperson of the Senate Committee on Education; Chairperson
‘of the House Committee on Basic Education; Chairperson of the Senate
Committee on Finance; Chairperson of the House Committee on
Appropriations; and three (3) members each to be chosen from the
membership of the Senate Committee on Education, and the House Committee
on Basic Education by the Senate President and the House Speaker,
respectively, with at least one member each from the minority in the House of
Representatives and in the Senate. Funding for the expenses of the Committee
shall be taken from the appropriations of both the Senate and the House of
Representatives.


Section 17. Implementing Rules and Regulations. ~ The Secretary
of Education, in coordination with the Professional Regulation Commission
(PRC), and other relevant stakeholders in basic education, shall issue the
necessary rules and regulations for the effective implementation of this Act.

Section 18. Separability Clause. - Nothing in this Act shall be
construed as to diminish, impair, or repeal rights recognized, granted, or made
available to disadvantaged, marginalized, or specific sectors under existing
laws.

Section 19. Non-Impairment Clause. — If any part or provision of this
Act is declared invalid or unconstitutional, the provisions not affected thereby
shall remain in full force and effect.

Section 20. Repealing Clause. - All laws, decrees, executive orders,
presidential proclamations, rules and regulations or parts thereof contrary to or
inconsistent with this Act are hereby repealed or modified accordingly.

Section 21. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,

on)