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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No.0220

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

AN ACT
INSTITUTIONALIZING SUPPORT MECHANISMS FOR PUBLIC SCHOOL TEACHERS AND
SCHOOL PERSONNEL IN MATTERS OF STUDENT DISCIPLINE AND MECHANISMS FOR
CLASSROOM MANAGEMENT AND PROVIDING FOR THEIR PROTECTION IN CASES
RELATED THERETO

EXPLANATORY NOTE

Public school personnel, most especially teachers, are at the very forefront of
the delivery of education services to millions of students, day in and day out. With
large class sizes, multiple shifts each day, and the heavier tasks they have to assume
under K to 12, any of them can attest that instilling discipline in their classrooms has
become increasingly difficult.

This heavy burden of teachers is aggravated by the lack of institutional support
in the form of standards and the permissible and effective methods of instilling
discipline, guidance counselors to act as support personnel, and legal assistance and
representation.

While child protection is indispensable, teacher protection is also a must. To
this end, this bill seeks to amend Republic Act 7610, commonly known as the Child
Abuse Law, insofar as any act committed by a teacher or school staff pursuant to the


disciplinary rules and procedure issued by the DepEd shall not be deemed as “child
abuse.”

This bill also seeks to lay down institutionalized support mechanisms for
teachers and school personnel in matters of classroom management and discipline.
The first is a mandate on DepEd to issue and implement a student guidelines. DepEd
is also proposed to provide pre-service and in-service training for DepEd personnel
on child behavior and psychology, classroom management techniques, positive
discipline, and other related fields.

Also proposed are measures to protect teachers and school personnel in cases
related to student discipline and classroom management, including legal assistance
and representation by counsel and union or association representatives.
Furthermore, confidentiality of proceedings and the identity of all parties are
directed.

This bill was approved in third reading in the 17" Congress. Therefore,
approval of this bill is earnestly sought.

!
42955
Rep. CARLOS GANI T. ZARATE
BAYAN MUNA Party-List

ona
1p. FERDINAND GAITE Rep. EUFEMIA C. CULLAMAT
BAYAN MUNA Party-List BAYAN MUNA -List

2

ie a
6p. ARLENE D. BROSAS Rep.

GABRIELA Women’s Party

AH JANE I. ELAGO
WAN Party-List

!



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

EIGHTEENTH CONGRESS
First Regular Session

0220
HOUSE BILLNo.

Introduced by

ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

AN ACT
INSTITUTIONALIZING SUPPORT MECHANISMS FOR PUBLIC SCHOOL TEACHERS AND
SCHOOL PERSONNEL IN MATTERS OF STUDENT DISCIPLINE AND MECHANISMS FOR
CLASSROOM MANAGEMENT AND PROVIDING FOR THEIR PROTECTION IN CASES
RELATED THERETO

Be it enacted in the Senate and the House of Representatives in Congress assembled:

SECTION 1. Short Title. This Act shall be known the “Teacher Protection Act of
2019.”

SECTION 2. Declaration of State Policies. \n all actions relating to children, the State
shall accord special protection to children from all forms of abuse, exploitation,
cruelty, and other conditions prejudicial to their development. Furthermore, the
State has the duty to establish and maintain a complete and adequate system of
public basic education geared towards the holistic development of a child.

These policies are henceforth understood to encompass the State’s
responsibility to provide appropriate instruction to students about school discipline,
their duties and responsibilities with respect to their peers, to their teachers and
other persons of authority, and to members of their community.

To this end, the State shall institutionalize measures to implement in all public
schools clearly defined regulations on appropriate student behavior towards other


students, teachers, and school staff, during classes, and within and outside school
premises.

The State is also hereby bound to establish and maintain support systems,
including training on classroom management and child discipline and legal assistance
for teachers and school staff, who daily stand in direct contact with students and are
thus find themselves in situations that could expose them to allegations of child
abuse in the course of the discharge of their duties.

It is hereby also declared that the State shall promote and improve the
working conditions of public school teachers and other school personnel, which are
understood to determine whether or not the physical and emotional environments of
children and teachers are conducive to learning and teaching.

SECTION 3. Guidelines on the Implementation of Teacher Protection. The
Department of Education (hereinafter, the Department) is hereby tasked to issue the
Guidelines on the Implementation of Teacher Protection within one hundred and
twenty (120) days from the effectivity of this Act.

For purposes of this Act, the Guidelines shall, among others, detail the
following:

(1) The rights and responsibilities of teachers with respect to student
discipline and classroom management, to the end of fostering a positive school
climate and safe environment conducive to instruction and learning.

School administrators and teachers exercise special parental authority over
their students while under their supervision, instruction and custody. As such, the
Guidelines to be produced by DepEd shall recognize their authority in the schools and
in school-sanctioned events, and the need to conduct their classes in an organized
manner that is conducive to learning. Thus, teachers have the authority to ensure
that their students behave, respond and treat their teachers and classmates in a
respectful manner. They have the right to call out disorderly or disrespectful
behavior and deal with the same consistent with the law and the Guidelines to be
implemented.

(2) Permissible, appropriate, and effective responses and interventions that
will address violation of school rules and regulations to be administered by teachers,
the school head, and other school staff.

(3) A clear description of the disciplinary procedure and clear designation of
the authorities competent to investigate, propose, and apply the responses and
interventions.

SECTION 4. Act pursuant to the Guidelines shall not deemed as child abuse. Any act
committed by a teacher or school staff pursuant to the abovementioned Guidelines


shall not be deemed as child abuse, cruelty, or exploitation as defined in Republic Act
No. 7610 or the Special Protection of Children Against Abuse, Exploitation and
Discrimination Act.

SECTION 5. Consultation of involved sectors in the drafting of Guidelines. Students,
parents, teachers, other school personnel, and the community, represented by their
respective organizations, as well as professionals in child behavior and social work,
shall each have meaningful involvement in the formulation of the Guidelines.

SECTION 6. Information dissemination of the Guidelines. The Department shall
provide explanations, training, and workshops in order to familiarize students and
families with the Guidelines, explain the expectations of various sectors involved, and
describe the various preventive and positive responses and interventions that may be
used.

‘At the beginning of each school year, copies of the Guidelines shall be
provided to each student as well as their parents or legal guardians.

SECTION 7. Training of teachers and school personnel on the Guidelines. All
employees of the Division shall also annually receive instruction related to the
specific contents of the Guidelines.

SECTION 8. Professional development relating to student discipline and classroom
management. The Department shall provide teachers the appropriate pre-service
and in-service training on child behavior and psychology, classroom management
techniques, positive discipline, and other related fields, as well as the Guidelines
under Section 3 of this Act and the scope of their duties and responsibilities with
respect to student discipline and classroom management.

SECTION 9. Support personnel. The Department, with the Department of Budget
and Management, shall also ensure that there is a sufficient number of items for
guidance counselors, who will serve as support personnel to teachers and school
administrators in matters of student discipline.

For purposes of this Act, the Department shall endeavor to meet the
recommended ratios of one guidance counselor for every 200 students in public
elementary and high schools.

SECTION 10. Other support mechanisms for student discipline and classroom
management. The Department shall provide such other mechanisms necessary to
capacitate its teachers and other personnel on matters regarding child behavior and
psychology, classroom management techniques, positive discipline, and other related
fields. These measures shall include but not be limited to the conduct of periodic
seminars and formulation of primers and other explanatory materials.


SECTION 11. Protection to teachers and school personnel in charges related to
student discipline and classroom management. in all cases related to student
discipline and classroom management, including criminal and administrative charges
of child abuse, the Department shall extend to its teachers and other personnel the
necessary protection, including but not limited to legal assistance and representation.

The Department shall ensure that respondents, in all stages of the disciplinary
proceedings, are amply represented by the accredited union, or registered union,
where there is no existing accredited union, of teachers or non-teaching employees,
as the case may be.

Violation of this Section is a violation of due process and shall render the
proceedings void and all responsible persons administratively, civilly, and criminally
liable.

SECTION 12. Confidentiality of identity of parties and proceedings under this Act.
No person, whether public or private and whether a party to the case or otherwise,
shall publicize a case during its pendency. In no case shall the identity of
complainants and respondents, or any information that may reasonably identify
them, be disclosed to the public during the pendency of the proceedings.

Violation of this Section shall subject the person to the appropriate
administrative, civil, criminal, and other liabilities.

The Department shall issue its Guidelines for the media with regard to the
handling of cases within the contemplation of this Act.

SECTION 13. Rules and Regulations. Within ninety (90) days from the effective date
of this Act, the Department shall promulgate the rules and regulations necessary to
implement the provisions of this Act.

SECTION 14. Separability Clause. Should any provision herein be declared
unconstitutional, the same shall not affect the validity of the other provisions of this
Act.

SECTION 15. Repealing Clause. Republic Act No. 7610 is hereby modified
accordingly. All laws, decrees, orders, rules and regulations, or other issuances or
parts thereof inconsistent with the provisions of this Act are hereby repealed.

SECTION 16. E&ffectivity. This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Approved,