EIGHTEENTH CONGRESS OF THE REPUBLIC 
)
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATf l R 7
S.B. NO. 
l i b /
^ C ita ir
r( ilK fe’fcrptarp
'19 NOV 12 P2
Ria,. .OF'-. 
jjl
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
TO IMPROVE ACCESS TO PRESCHOOL, PRIMARY, AND SECONDARY 
EDUCATION OF HOMELESS CHILDREN AND YOUTH
EXPLANATORY NOTE
Article II, Section 13 of the 1987 Philippine Constitution provides:
"The State recognizes the vital role of the youth in nation-building and 
shall promote and protect their physical, moral, spiritual, intellectual, 
and social well-being."
Article XIV, Section 1 of the 1987 Philippine Constitution provides:
"The State shall protect and promote the right of all citizens to 
quality education at all levels and shall take appropriate steps to 
make such education accessible to all."
Education is a fundamental human right of every Filipino especially for the 
helpless and homeless children and youth. It plays an important role in their 
growth, success, and the upliftment of lives. Therefore, it is imperative that the 
government improve the accessibility of preschool, primary and secondary 
education for homeless children and youth.


The proposed bill seeks to formulate and implement a comprehensive plan in 
order to give access to preschool, primary and secondary education for homeless 
children and youth by authorizing the Department of Education to grant funds.
In view of the foregoing, the passage of this measure is earnestly sought.
MARIA LOURDES NAN 
Senator
S. BINAY


EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
SENATE
S.B. NO. 1167
In m a te
(00UC oi ilK'
19 NQV 12 P2-04
R£C'^! '
Introduced by Senator Maria Lourdes Nancy S. Binay
¥
—
AN ACT
TO IMPROVE ACCESS TO PRESCHOOL, PRIMARY, AND SECONDARY 
EDUCATION OF HOMELESS CHILDREN AND YOUTH
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the "Educational
2 
Success for Homeless Children and Youth."
3
4 
Sec. 2. Declaration o f Policy. -  It is hereby declared the policy of the State
5 
to recognize the vital role of the youth in nation-building. Towards this end, the
6 
State shall promote their physical, moral, spiritual, intellectual, and social well-
7 
being.
8 
It is also the policy of the State to protect and promote the right of all
9 
citizens to quality education at all levels, and it shall take appropriate steps to
10 
make such education accessible to all.
11 
The State shall ensure that each homeless child and youth has access to
12 
the same free appropriate public education, including public preschool education,
13 
as is provided to other children and youth.
14
15 
Sec. 3. Definition o f Terms. -  In this Act, the term:
16 
(A) "Department" means the Department of Education;
17 
(B) "Enroll; 
enrollment" 
includes 
attending 
classes 
and
18 
participating fully in school activities;


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
1
(C) "Homeless children and youth":
(1) means individuals who lacked a fixed, regular, and 
adequate nighttime residence; and
(2) includes:
(i) children and youth who:
(I) 
are sharing the housing of other 
persons due to loss of housing, 
economic hardship, or a similar 
reason;
(II) are 
living 
in 
emergency 
or 
transitional shelters;
(III) are abandoned in hospitals; or
(IV) are awaiting foster care placement;
(ii) children and youth who have a primary 
nighttime residence that is a public or 
private place not designed for or ordinarily 
used as a regular sleeping accommodation 
for human beings; and
(iii) children and youth who are living in cars, 
parks, public spaces, abandoned buildings, 
substandard housing, bus or train stations, 
or similar setting.
(D) "Local government" refers to the local government of cities 
and municipalities, as defined under the Local Government 
Code;
(E) "Secretary" means the Secretary of Education; and
(F) "Unaccompanied youth" means a homeless child or youth not 
in the physical custody or a parent or legal guardian.


1 
Sec. 4. Grants for the Education o f Homeless Children and Youth. -  (A)
2 
The Secretary is authorized to make grants to local governments to enable such
3 
local governments to carry out the activities described in this section.
4 
(B) In order for a local government to be eligible to receive a grant under
5 
this section, the local government, in consultation with relevant government
6 
agencies, shall submit an application to the Secretary, at such time, in such
7 
manner, and containing or accompanied by such information as the Secretary
8 
may require.
9 
(C) Grant funds from a grant made to a local government under this
10 
section shall be used for the following:
11 
(1) To provide activities for and services to improve the
12 
identification of homeless children and youth and enable such
13 
children and youth to enroll in, attend, and succeed in school,
14 
including in early care and education programs (especially in
15 
prekindergarten).
16 
(2) To provide activities and services to improve the identification
17 
of homeless children and youth and enable such children and
18 
youth to enroll in, attend, and succeed in school and preschool
19 
programs.
20 
(3) To establish or designate an Office of the Coordinator for
21 
Education of Homeless Children and Youth in the local
22 
government to carry out the duties described in this Act.
23 
(4) To prepare and carry out the local government plan described
24 
in this section.
25 
(D) The Coordinator for Education of Homeless Children and Youth
26 
established in each local government shall -
27 
(1) gather and make publicly available reliable, valid, and
28 
comprehensive information -


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
(i) on the number of homeless children and youth 
identified in each barangay, municipality, city, or 
province;
(ii) on the nature and extent of the problems homeless 
children and youth have in gaining access to early care 
and education programs, and to public elementary 
schools and secondary schools;
(iii) on any progress made by the local government in 
addressing such problems and difficulties; and
(2) develop and carry out the local government plan described in 
this section;
(3) collect data for and transmit to the Senate, at such time and 
in such manner as the Secretary may require, reports 
containing such information as the Secretary determines is 
necessary to assess the educational needs of all homeless 
children 
and 
youth 
within 
the 
territory 
of the 
local 
government;
(4) in order to improve identification of homeless children and 
youth and to improve the provision of comprehensive 
education and related support services to homeless children 
and youth and their families, and to minimize educational 
disruption, coordinate activities, and collaborate with -
(i) educators, including teachers, administrators, special 
education personnel, child development and preschool 
program personnel;
(ii) providers of services to homeless children and youth 
and their families, including services of public and 
private child welfare and social services agencies, law 
enforcement agencies, juvenile and family courts, 
agencies providing mental health services, domestic
4


1 
violence agencies, child care providers, and runaway
2 
and homeless youth centers;
3 
(iii) providers of emergency, transitional, and permanent
4 
housing to homeless children and youth, and their
5 
families, including public housing agencies, shelter
6 
operators, operators of transitional housing 
facilities,
7 
and 
providers of transitional 
living 
programs for
8 
homeless youth;
9 
(iv) community organizations 
and 
groups 
representing
10 
homeless children and youth and their families; and
11 
(v) relevant 
government 
agencies, 
bureaus, 
and
12 
instrumentalities
13 
(5) respond to inquiries from parents and guardians of homeless
14 
children and youth and unaccompanied youth to ensure that
15 
each child or youth who is the subject of such an inquiry
16 
receives the full protections and services provided by this Act.
17 
(E) Local Government Plan. -  Each local government shall submit to the
18 
Secretary and carry out a plan to provide for educational and related support
19 
services for all homeless children and youth within its territory. Such plan shall
20 
include the following:
21 
(1) A description of how such children and youth are (or will be)
22 
given the opportunity to meet the same challenging student
23 
academic achievement standards as all students are expected
24 
to meet.
25 
(2) A description of the procedures the local government will use,
26 
in coordination with local educational agencies, to identify all
27 
such children and youth and to assess their special needs.
28 
(3) A description of procedures and for the prompt resolution of
29 
disputes arising under this Act.


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
(4) A description of programs for school and other local 
educational 
agency 
personnel 
(including 
the 
liaisons, 
principals, teachers, enrollment personnel, and pupil services 
personnel) to heighten the awareness of such personnel of the 
specific needs of homeless adolescents, including runaway 
and homeless youth.
(5) A description of procedures that ensure that homeless children 
and youth are able to participate in nutrition programs.
(6) A description of procedures that ensure that -
(i) homeless children have access to public preschool 
programs;
(ii) homeless youth, including youth separated from public 
schools, 
are 
identified 
and 
accorded 
access 
to 
appropriate secondary education and related support 
services;
(7) Strategies to address problems with respect to the education 
of homeless children and youth, including enrollment problems 
related to immunization and other required health records and 
screenings; residency requirements; lack of birth certificates, 
school records, or other documentation; guardianship issues; 
or uniform or dress code requirements.
(8) A description of policies and practices to promote school 
success for homeless children and youth, including by -
(i) ensuring that homeless children and youth have 
opportunities to meet the same challenging student 
academic achievement standards which other students 
are held;
(ii) ensuring that homeless children and youth are able to 
participate fully in all classes and school activities, 
including extracurricular activities, athletic activities for
6


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
which they meet skill level requirements, before and 
after school programs, summer school programs, field 
trips, classes, tests, and other activities; and
(iii) ensuring that such policies and practices remove 
barriers to participation 
related to fees, 
lack of 
guardianship, lack of transportation, enrollment and 
participation deadlines, and residency requirements.
Sec. 5. Enrollment. -
(A) Public elementary and secondary school shall immediately 
enroll the homeless child or youth, even if the child or youth is 
unable to produce records normally required for enrollment, 
including previous academic records, records of immunizations 
and health screenings and other required health records, proof 
of residency or guardianship, or other documentation; has 
unpaid fines or fees from prior schools or is unable to pay fees 
in the school selected; or has missed application or enrollment 
deadlines during any period of homelessness.
(B) The enrolling school shall immediately contact the school last 
attended by the child or youth to obtain relevant academic 
and other records.
(C) If the child or youth needs to obtain immunizations or health 
screenings, or immunizations or other required health records, 
the enrolling school shall immediately enroll the child or youth 
and refer the parent or guardian of the child or youth, or the 
unaccompanied youth, to the local government health center, 
clinic, or hospital for appropriate immunizations or health 
screenings.
(D) Information about a homeless child's or youth's living situation 
shall be treated as a student education record, and shall not
7


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
1
be released to employers, law enforcement personnel, or 
other persons or agencies not authorized to have such 
information under laws and administrative issuances, paying 
particular attention to preventing disruption of the living 
situation of the child or youth and to supporting the safety of 
such children and youth who are survivors of domestic 
violence and unaccompanied youth.
Sec. 6. Preschool Programs for Homeless Children. -  Local governments 
shall identify and prioritize homeless children for enrollment and increase their 
enrollment and attendance in early care and educational programs, including 
through policies such as reserving spaces in preschool programs for homeless 
children; conducting targeted outreach to homeless children and their families; 
waiving application deadlines; providing ongoing professional development for 
staff regarding the needs of homeless children and their families and strategies 
to serve the children and families; and developing the capacity to serve all 
identified homeless children.
Sec. 7. Prohibition on Segregating Homeless Children and Youth. -  In 
providing a free appropriate public education to a homeless child or youth, no 
local government receiving funds under this Act shall segregate such child or 
youth in a separate school, or in a separate program within a school, based on 
such child's or youth's status as homeless.
Sec. 8. Issuance o f Implementing Rules and Regulations. -  Within ninety 
(90) days from the approval of this Act, the Department of Education, in 
consultation with the Department of Interior and Local Government, the 
Department of Social Welfare and Development, and other appropriate 
government agencies and stakeholders, shall 
promulgate the rules and 
regulations to implement the provisions of this Act. Such rules and regulations
8


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
1
shall take effect fifteen (15) days after its publication in a newspaper of general 
circulation.
Sec. 9. Appropriations. -  To carry out the provisions of this Act, such 
amount as may be necessary is hereby authorized to be appropriated from the 
National Treasury. Thereafter, the amount necessary for the continuous 
operation of the Commission shall be included in the annual appropriation of the 
Department of Education.
Sec. 10. Separability Clause. -  If any provision of this Act is held invalid or 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof.
Sec. 11. Repealing Clause. -  All laws, decrees, orders, and issuances, or 
portions thereof, which are inconsistent with the provisions of this Act, are 
hereby repealed, amended or modified accordingly.
Sec. 12. Effectivity Clause. -  This Act shall take effect fifteen (15) days 
after its publication in the Official Gazette or in two (2) newspapers of general 
circulation.
Approved,