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SIXTEENTH CONGRESS is RECEIVED ©
REPUBLIC OF THE PHILIPPINES J LE sn ai JUL 2013
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1344

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 1660 by the undersigned
Rufus B. Rodriguez during the 15" Congress where it was approved by the
Committee on Higher and Technical Education and substituted by House Bill No.
4883, approved on 2™ reading, approved on 3° reading and was transmitted to the
Senate where it was not acted upon.

Education is the prime motive force for the development of a nation. This is
recognized by the Constitution by making education the foremost concern of the
State and by providing access for academic and technical development the
responsibility of the government.

This bill aims to recognize and provide the mechanism for the establishment
and propagation of the open and distance learning educational mode in the
Philippines. This bill entrusts the University of the Philippines Open University to be
the vanguard for the development of this learning system. The University shall assist
and provide the necessary expertise for schools wishing to create learning programs.

This learning mode will provide access to those who wish to enhance their
academic and technical training without being bound by the logistical difficulties
present in our educational landscape.

The passage of this bill is most earnestly urged.

MAXIMG B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES _—)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1344

AN ACT
TO EXPAND ACCESS TO EDUCATION THROUGH OPEN LEARNING AND
DISTANCE EDUCATION IN POST-SECONDARY AND TERTIARY LEVELS OF
EDUCATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress Assembled:

SECTION 1. Short Title. - This Act shall be known as the “Open Learning and
Distance Education Act of 2013”.

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to
expand and further democratize access to quality education at the post-secondary
and tertiary levels through the promotion and application of open learning as a
philosophy of access to educational services, and the appropriate, efficient and
effective implementation of distance education as a system of delivering quality post-
secondary and tertiary educational services in the country

SEC. 3. Coverage. - This Act shall apply to public and private higher education
institutions (HEIs) and post-secondary technical/vocational schools in the Philippines
which have existing open learning and distance education programs, and to other
tertiary and technical/vocational institutions which shall later be authorized as
qualified implementors of open learning and distance education programs.

SEC. 4. Definition of Terms. — For purposes of this Act, the following terms are
hereby defined:

(a) Open Learning refers to a philosophy of learning that is _quality-assured,
‘open to people, methods, places and ideas, and is highly flexible and learner-
centered, enabling the latter to learn at the time, place and pace which satisfy the
person's circumstances and requirements.

(b) Distance Education refers to a mode of educational delivery whereby the
teacher and leamer are separated in time and space, and the instruction is delivered
through especially designed materials and methods using appropriate technologies
and learning management systems and supported by organizational and
administrative structures and arrangements. It enables learning to take place from a
distance, virtually and differently from the conventional classroom or traditional
mode.


(c) Open University/College/Institution refers to a higher education institution
that is a separate, autonomous, and degree-granting academic entity which employs
operational procedures and strategies of an open learning institution.

(d) Center/Institute/School of Distance Education refers to a subsidiary of a
higher education institution (HE!) which offers distance education programs, but is
Not qualified to be called an Open University, and whose degrees are awarded by
the HEL

(e) Higher Education Institution (HE!) refers to an institution of higher learning in
the Philippines which primarily offers degree-granting programs, including post-
secondary degree granting vocational and technical institution duly recognized by
the Commission on Higher Education (CHED) and the Technical Education and
Skills Development Authority (TESDA)

(f) Tertiary Education refers to the higher learning level after high school
offering baccalaureate, graduate or post-graduate programs.

(g) Post-Secondary Education shall refer to nondegree technical-vocational
programs accredited by the TESDA.

(h) Technical-Vocational Programs refer to post-secondary certificate courses,
officially recognized as nondegree programs aimed at preparing technicians,
paraprofessionals and other categories of middle-level workers by providing them
with a broad range of general education, theoretical, scientific and technological
studies, and related job skills training

SEC. 5. Institutionalization of Distance Education. — Distance education is hereby
institutionalized in the Philippines in accordance with the provisions of this Act. Due
diligence is likewise encouraged in seeing to it that equivalence or comparability with
existing standards in both the traditional/residential or alternative education systems
is ensured

SEC. 6. Admission and Other Academic Policies and Requirements. — Admission
and other academic policies and requirements in HEls offering tertiary education
through distance education programs shall be governed by a set of policies,
standards and requirements set for tertiary education by duly authorized academic
bodies such as the Board of Regents/Trustees, the University/Faculty Councils
and/or the CHED, and for technical-vocational courses in the post-secondary level
by the TESDA such as, but not limited to, the following:

(a) Completion of secondary education;

(b) Passing an entrance examination given by the HEI or post-secondary
school; and

(c) Compliance with the other admission requirements of the admitting higher
education or post-secondary institution that are instituted in accordance with the
standards set by the CHED and the TESDA, respectively.

SEC. 7. Program, Curriculum and Course Development Offering and Requirements.
= Course offerings and programs of distance education schools should be
comparable in standards, practice and policies to other HEIs. Curricula and
requirements for admission and graduation should also be at par with traditional or
conventional systems, and should similarly be subject to regulations by appropriate
authorities like the CHED or the TESDA,

There shall be defined a set of courses/subjects and/or examinations, and/or
special projects and activities, the completion of which shall be required for


graduation from the academic degree program, and which shall be equivalent to
those under the conventional mode of instruction. The following shall also be
considered:

(a) The place, pace and mode of study of the student shall be at the option and
Convenience of the student within the time frame as may be prescribed by the
learning institution: Provided, That, the content, context and conduct of examination
shall be determined by the institution;

(b) The institution concerned shall formulate and implement a mechanism to
monitor the academic progress of the students;

(c) The curricular offerings using the open learning philosophy which are
offered through the distance education mode shall conform to respective policies,
standards and guidelines for distance education of the CHED and the TESDA:

(4) Completion of all the requirements for the academic program shall be
evidenced by the award of the appropriate academic degree; and

(e) For the practice of the profession for which one has acquired the necessary
academic credentials through distance education, the existing requirements of
passing a board examination shall apply.

SEC. 8. Mode of Delivery - Open learning/distance education may be delivered
using information and communications technology and other approaches such as,
but not limited to, the following

(a) Print - textbooks, study guides, workbooks, course syllabi, correspondence
feedback and other print formats.

(b) Audio-Visual - radio, audio cassettes, slides, film, videotapes, television,
telephone, fax, audio-conferencing and video-conferencing;

(c) Electronic/Computer Technology and Virtual Classrooms - CD-ROM,
electronic mail, e-bulletin boards, world-wide web, podcasts, m-learning, i-lectures,
e-learning or online learning management systems; and

(d) Face-to-face sessions — conducted in learning and study centers.

SEC. 9. Support to Open Learning and Distance Education Programs - The CHED,
the TESDA and the University of the Philippines Open University (UPOU) shall
provide support to HEIs and post-secondary schools in developing and providing
high quality programs and offerings in open, distance and online learning. This
‘support includes, among others:

(a) Training of qualified teachers, providers and other professionals;

(b) Curriculum, courseware and program development;

(c) Cyber infrastructure planning, resource sourcing and implementation;

(d) School operations and management planning and development, including
Support services, learning management systems, instructional design and
development, and research on emerging technologies; and

(€) Institutional linkages and networking.

SEC. 10. Support fo Students. — Any student enrolled in open learning and distance
education programs under the auspices of this Act shall have access to all privileges,
opportunities and entitlements that a student similarly situated under the
conventional system of instruction may have access to, including, but not necessarily
be limited to, availment of scholarships, grants and loans from the government or
government-administered funding sources. Specifically, HEls and post-secondary


schools engaged in open learning and distance education programs shall be tasked
to perform the following student support services:

(a) Provide clear admission policies and procedures for applicants;

(b) Maintain faculty-student dialogue and interactivity through virtual classrooms
linked electronically or through established learning centers or both, whichever may
be feasible, to ensure greater knowledge sharing, access to counseling and other
support services;

(c) Provide for an efficient and reliable communication system, feedback
mechanism, especially on learners’ academic progress, and multimedia support;

(d) Show evidence of regular monitoring of learners’ progress; and

(e) Provide a wide range of relevant, updated and accessible learning
resources that are easily accessible to students.

SEC. 11. Role of the University of the Philippines Open University. - The University
of the Philippines Open University, hereinafter referred to as the UPOU, shall be
designated as the National Open University. As such, it shall

(a) Provide leadership in the development of open learning and distance
education expertise in the country and in the appropriate use of information and
communications technologies in support of quality higher education;

(b) Promote best practices in open learning and distance education in the
Philippines;

() Share knowledge through informed and innovative research and other
development activities related to distance education through its exemplar policies,
programs, materials, learning management systems guidelines and offerings;

(d) Provide technical assistance to the CHED and the TESDA on matters
relating to distance education policies, guidelines and standards, particularly in
implementing an accreditation system for open learning and distance education
programs and institutions in the country;

(e) Design model curricular programs which shall serve as prototype programs
upon which similar programs to be offered by other HEls in the country shall be
patterned after;

(f) Develop and promote appropriate information and communications
technologies to facilitate quality open learning and distance education programs in
the country;

(g) Design and produce quality learning materials and objects, both in print and
multimedia formats, for higher education and post-secondary instruction in the
country;

(h) Make instructional materials for distance education programs accessible to
the public through collaborative arrangements and other appropriate mechanisms;

(i) Assist other interested educational institutions in developing their distance
education programs, courses and materials for specific learner groups or the public
at large;

0 Design and implement a continuing program to develop high level expertise
in the fields of open leaming and distance education in the Philippines through
quality formal academic degree programs and nonformal courses through either or
both distance and face-to-face modes of instruction and training; and

(k) Help capacitate distance education teachers and practitioners through
capacity building and professionalization programs.


‘SEC. 12. Roles of the CHED and the TESDA. - The CHED and the TESDA shall be
the respective regulators of HEIs and post-secondary schools involved in open
learning and distance education. As such, they shall:

(a) Formulate, promulgate, disseminate and implement the necessary policies,
standards, guidelines, rules and regulations for the effective implementation of
distance education in the country;

(0) Formulate and implement strategies to improve the quality of distance
education programs and implement a system of quality control for open learning and
distance education in the country;

(c) Monitor and evaluate existing open learning and distance education
programs and effect the continuation or closure of programs in accordance with the
provisions of the implementing rules and regulations for distance education in the
country;

(d) Review and approve or disapprove proposals from HEIs for the
implementation of new distance education programs; and

(e)Recommend to the Department of Budget and Management (DBM) the
budget for distance education programs of qualified state HEIs and public post-
secondary schools based on the respective monitoring and evaluation results of the
CHED and the TESDA

SEC. 13. Roles of Broadcast Media and Telecommunications Networks. ~ Broadcast
media and telecommunications networks are encouraged to provide as much
assistance and cooperation to HEls offering open learning and distance education
programs. Such assistance may include, but not necessarily be limited to, the
transmission of learning materials for formal and nonformal courses to learners not
only within the Philippines, but also outside the country.

SEC. 14. Independent Evaluation. — In aid of better policy making, the CHED and
the TESDA shall enter into an agreement with the Department of Science and
Technology (DOST) and other reputable research institutions to conduct an
independent evaluation of the state, regulatory governance, quality, concerns,
challenges and prospects of open learning and distance education in the Philippines.
It shall survey a diverse group of HEls with respect to size, mission and geographic
distribution,

SEC. 15. Interim and Final Report. — The agreement under Section 14 hereof shall
require that the DOST submit to the CHED Chair and the TESDA Director-General,
the Senate Committee on Education, Culture and the Arts, and the House
Committee on Higher and Technical Education the following

(a) An interim report regarding the evaluation under Section 14 hereof not later
than six (6) months after the date of enactment of this Act; and

(b) A final report regarding such evaluation not later than one (1) year after the
date of enactment of this Act.

SEC. 16. Tax Incentives. - Any donation, contribution, bequest and grant, in cash
and/or services which may be made by individuals and organizations, including, but
not limited, to private entities such as private schools, broadcasting companies,
telecommunications networks which shall provide appropriate materials, time and
delivery support services for the promotion of open learning and distance education
in partnership with HEIs delivering academic degree programs through distance


education, shall be exempt from the donor's tax and the same shall be considered as
allowable deduction from the gross income in the computation of the income tax of
the donor in accordance with the provisions of the National Internal Revenue Code
of 1997, as amended.

SEC. 17. Implementing Rules and Regulations. — The CHED, through its Technical
Panel for Distance Education, the TESDA and the UPOU, in consultation with
relevant stakeholders in higher and technical education, are hereby mandated to
formulate the rules and regulations to implement this Act within a period of ninety
(90) days from the effectivity thereof,

SEC. 18. Appropriations. - The amount necessary to carry out the provisions of this
Act shall be included in the respective budgets of the CHED, the TESDA, the UPOU
and HEls and post-secondary technical/vocational schools which have existing open
learning and distance education programs in the annual General Appropriations Act

SEC. 19. Separability Clause. — If any provision of this Act or any part hereof be
declared unconstitutional or invalid, the same shall not affect the validity of the other
provisions of this Act.

SEC. 20. Repealing Clause. — All laws, decrees, orders, rules and regulations or
parts thereof which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SEC. 21. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in a newspaper of general circulation

Approved,