SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Rcgular Session 
) 
) 
) 
Introduccd by Senator Miriam Defensor Santiago 
AN ACT 
OCT -1 P2:48 
TO IMPROVE ACCESS TO PRESCHOOL, PRIMARY, AND SECONDARY 
EDUCATION OF CHILDREN AND YOUTH WITHOUT HOMES 
EXPLANATORY NOTE 
The Constitution providcs: 
Article 2, Scction 13. The State recognizes the vital role of the youth 
in nation-building and shall promotc and protect their physical, moral, 
spiritual, intellectual, and social well-bcing. It shall inculcate in the youth 
patriotism and nationalism, and encourage their involvement in public and 
civil affairs. 
AI1icle 14, Scction I. The State shall protect and promote the right 
of all citizens to quality education at all levels and shall take appropriatc 
steps to make such education acccssible to aiL 
Education is a right, espccially for thc most vulnerable children and youth. 
Homclessness should not be a rcason for children and young peoplc not to rcceive 
primary and secondary education. Further, it is not sufficient reason to separate students 
from the mainstream school environment. 
I'lence, the State must ensure that each homelcss child and youth has acccss to the 
same free appropriate public education, including public preschool education, as is 
provided to other children and youths. 


This bill authorizes the Department of Education to grant funds to local 
governments which will formulate and implement a eomprehensive plan to give aecess to 
primary and seeondary education to homeless children and young people. I 
I This bill was originally filed in the Fifteenth Congress, Third Regular Session. 
2 


SIXTEENTH CONGRESS OF TIlE REPUBLIC 
OF THE PHILIPPINES 
Third Rcgular Scssion 
) 
) 
) 
Introduccd by Scnator Miriam Dcfcnsor Santiago 
AN ACT 
OCT -1 
P2 :48 
TO IMPROVE ACCESS TO PRESCHOOL, PRIMARY, AND SECONDARY 
EDUCATION OF CHILDREN AND YOUTH WITHOUT HOMES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act may bc citcd as thc "Educational Succcss for 
2 
Childrcn and Youth without Homcs Act." 
3 
SECTION 2. Declaration of Policy. - It is hcrcby dcclarcd the policy of the State 
4 
to recognizc thc vital rolc of the youth in nation-building. Towards this end, the State 
5 
shall promote their physical, moral, spiritual, intellcctual, and social well-bcing. 
6 
It is also the policy of the State to protect and promote the right of all citizens to 
7 
quality education at all levels, and it shall take appropriate steps to make such education 
8 
accessible to all. 
9 
The State shall ensure that each homeless child and youth has access to the samc 
10 
frec appropriate public education, including public preschool education, as is provided to 
11 
other children and youths. 
12 
SECTION 3. Definition of Terms. -- In this Act, the term: 
13 
(A) "Department" means the Department of Education; 


(13) "Enroll; enrollment" ineludes attending elasses and partieipating fully in 
2 
sehool aetivities; 
3 
(C) "Homeless childrcn and youths": 
4 
(I) means individuals who lack a fixed, regular, and adequate nighttime 
5 
residence; and 
6 
(2) ineludes: 
7 
(i) children and youths who: 
8 
(I) are sharing the housing of other persons due to loss of 
9 
housing, eeonomie hardship, or a similar reason; 
10 
(II) are living ill emergency or transitional shelters; 
II 
(Ill) are abandoned in hospitals; Of 
12 
(IV) arc awaiting fosicr care placement; 
13 
(ii) childrcn and youths who have a primary nighttime residence that 
14 
is a public or privatc place not dcsigned for or ordinarily used as a regular 
15 
slecping accommodation for human beings; and 
16 
(iii) children and youths who are living in cars, parks, public spaces, 
17 
abandoned buildings, substandard housing, bus or train stations, or similar 
18 
setting. 
19 
(D) "Local government" refers to the local government of cities and 
20 
municipalities, as defined under the Local Governmcnt Code; 
21 
(E) "Secretary" means the Secretary of Education; and 
22 
(F) "Unaccompanied youth" means a homeless child or youth not in the physical 
23 
custody of a parcnt Of legal guardian. 
24 
Section 4. Grants/or the Education o/Homeless Children and Youths. - (A) The 
25 
Secretary is authorized to make grants to loea! governments to enable sueh loeal 
26 
governments to carry out the activities described in this section. 
2 


I 
(B) In order for a local government to be eligible to receive a grant under this 
2 
section, the local government, in consultation with relevant government agencies, shall 
3 
submit an application to the Secretary at such time, in such manner, and containing or 
4 
accompanied by such information as the Secretary may require. 
5 
(C) Grant funds from a grant made to a loeal government under this section shall 
6 
be used for the following: 
7 
(1) To provide activities for and services to improvc the idcntification of 
8 
homeless children and youths and enable such children and youths to enroll in, 
9 
attend, and succecd in school, including in early care and education programs 
10 
(especially in prekindergarten). 
II 
(2) To provide activities and services to improve the identification of 
12 
homeless children and youths and enable such children and youths to enroll in, 
13 
attend, and succeed in school and preschool programs. 
14 
(3) To cstablish or designate an Office of the Coordinator tor Education of 
15 
Homeless Children and Youths in til e local government to carry out the duties 
16 
described in this Act. 
17 
(4) To prepare and carry out the local government plan described in this 
18 
section. 
19 
(D) The Coordinator for Education of Homeless Children and Youths established 
20 
in each local government shall-
21 
(I) gather and make publicly available reliable, valid, and comprehensive 
22 
information-
23 
(i) on the number of homeless children and youths identified in each 
24 
barangay, municipality, city, or province; 
3 


(ii) on the nature and extent of the problems homeless children and 
2 
youths have in gaining acccss to early care and cducation programs, and to 
3 
public elementary schools and secondary schools; 
4 
(iii) on the difficulties in idcntifying the special needs and barriers to 
5 
participation and achievement of such children and youths; 
6 
(iv) on any progress made by the local governmcnt in addressing 
7 
such problems and dit1iculties; and 
8 
(2) develop and carry out the local government plan described in this 
9 
section; 
10 
(3) collect data for and transmit to the Sccretary, at such time arid in such 
II 
manner as the Secretary may require, reports containing such information as the 
12 
Secretary determines is necessary to assess the educational needs of all homeless 
13 
children and youths within the territory oCthe local government; 
14 
(4) in order to improve identification of homeless children and youths and 
15 
to improve the provision of comprehensive education and related support services 
16 
to homeless children and youths and their families, and to minimize educational 
17 
disruption, coordinate activities, and collaborate with· 
18 
(i) educators, including teachers, administrators, special education 
19 
personnel, child development and preschool program personnel; 
20 
Oi) providers of services to homeless children and youths and their 
21 
families, including services of public and private child wcl1are and social 
22 
serviccs agencics, law enforcement agcncics, juvcnile and family courts, 
23 
agencics providing mcntal health services, domcstic violence agencies, 
24 
child care providcrs, and runaway and homcless youth ccnters; 
4 


2 
3 
4 
5 
(iii) providers of emergency, transitional, and permanent housing to 
homeless children and youths, and their families, including publie housing 
agencies, shelter operators, operators of transitional housing facilities, and 
providers of transitional living programs for homeless youths; 
(iv) eommunity organizations and groupsrepresenting 
homeless 
6 
ehildren and youths and their families; and 
7 
(v) relevant government agencies, bureaus, and instrumentalities. 
8 
(5) respond to inquiries from parents and guardians of homeless ehildren 
9 
and youths and unaccompanicd youths to ensure that each child or youth who is 
10 
the subjeet of such an inquiry receives the full proteetions and services provided 
11 
by this Act. 
12 
(E) Local Government Plan. -
Eaeh loeal govel'l1ment shall submit to the 
13 
Seeretary and earry out a plan to provide for education and related support services for all 
14 
homeless children and youths within its territory. Such plan shall include the following: 
15 
(1) A deseription of how such ehildren and youths arc (or will be) given the 
16 
opportunity to meet the same ehallenging student aeademie achievement standards 
17 
as all students are expected to meet. 
18 
(2) A description of the procedures the loeal government will usc, in 
19 
coordination with local educational agencies, to identify all such children and 
20 
youths and to assess their special needs. 
21 
(3) A description of procedures for the prompt resolution of disputes arising 
22 
under this Act. 
23 
(4) A description of programs for school and other local educational agency 
24 
personnel (including the liaisons, principals, teachers, enrollment personnel, and 
25 
pupil services personnel) to heighten the awareness of such persol mel of the 
26 
speeitic needs of homeless adoleseents, including runaway and homeless youths. 
5 


(5) A description of procedures that ensure that homeless children and 
2 
youths are able to participate in nutrition programs. 
3 
(6) A dcscription ofproccdures that cnsure that-
4 
(i) homeless children have access to public preschool programs; 
5 
(ii) homeless youths, including youths separated from public 
6 
schools, arc identi tied and accordcd access to appropriate secondary 
7 
education and related support scrvices; 
8 
(7) Strategies to address problems with respect to the education of homeless 
9 
children and youths, including cnrollmcnt problems related to immunization and 
10 
other required health records and screenings; rcsidency requirements; lack of birth 
11 
certificates, school records, or other documcntation; guardianship issues; or 
12 
uniform or dress code requirements. 
13 
(8) A description of policies and practiccs to ensure that homeless childrcn 
14 
and youths arc not stigmatizcd or scgregated on the basis of thcir status as 
15 . 
homeless. 
16 
(9) A description of policies and practices to promote school success for 
17 
homeless children and youths, including by-
18 
(i) ensuring that homcless children and youths have opportnnities to 
19 
meet the same challenging student academic achievement standards to 
20 
which other students are held; 
21 
(ii) ensuring that homeless children and youths are able to participate 
22 
fully in all classes and school activities, including extracurricular activities, 
23 
athletic activities for which they meet skill level requirements, before and 
24 
after school programs, summer school programs, field trips, classes, tcsts, 
25 
and other activities; and 
6 


(iii) ensuring that such policies and practices remove barriers to 
2 
participation related to tees, lack of guardianship, lack of transportation, 
3 
enrollment and participation deadlines, and resideney requirements, 
4 
SECTION 5. Enrollment.·-
S 
(A) Public elementary and secondary school shall immediately enroll the homeless 
6 
child or youth, even if the ehild or youth is unable to produce records normally required 
7 
for enrollment, including previous academic records, records of immunizations and 
8 
health screenings and other required health records, proof of residency or guardianship, 
9 
or other documentation; has unpaid Hnes or fees from prior schools or is unable to pay 
10 
fees in the school sclected; or has missed application or enrollment deadlines during any 
11 
period of homelessness. 
12 
(B) The enrolling school shall immediately contact the sehoollast attended by the 
13 
child or youth to obtain relevant academic and other records. 
14 
(C) If the child or youth needs to obtain immunizations or health screenings, or 
15 
immunization or other required health records, the enrolling sehool shall immediately 
16 
enroll the child or youth and refer the parent or guardian of the ehild or youth, or the 
17 
unaeeompanied youth, to the local government health center, clinic, or hospital for 
18 
appropriate immunizations or health screcnings. 
19 
(D) Information about a homelcss child's or youth's living situation shall be treated 
20 
as a student education record, and shall not be released to employers, law enforeement 
21 
personnel, or other persons or agencies not authorized to have such information under 
22 
laws and administrative issuances, paying particular attention to preventing disruption of 
23 
the living situation ofthe child Of youth and to supporting the safety of such children and 
24 
youths who are survivors of domestic violence and unaccompanied youths. 
7 


SECTION 6. Preschool Programs fhr Homeless Children. 
Local governments 
2 
shall identify and prioritize homeless children for enrollment and increase their 
3 
enrollment and attendance in early care and education progran 1 s, including through 
4 
policies such as reserving spaces in preschool progranl s for homeless children; 
5 
conducting targeted outrcach to homeless children and their families; waiving application 
6 
deadlines; providing ongoing professional development for staff regarding the needs of 
7 
homeless children and their families and strategies to serve the children and families; and 
8 
developing the capacity to serve all identified homeless children. 
9 
SECTION 7. Prohibition on Segregating Homeless Children and Youths. - In 
10 
providing a free appropriate public cducation to a homeless child or youth, no local 
11 
government receiving funds undcr this Act shall segregate such child or youth in a 
12 
separate school, or in a separate program within a school, based on such child's 01' youth's 
13 
status as homeless. 
14 
SECTION 8. Issuance of Implementing Rules and Regulations. - Within ninety 
15 
(90) days trom the approval of this Act, the Department of Education, in consultation 
16 
with the Department of Interior and Local Government, the Department of Social 
17 
Welfare and Development, and other appropriate 
government 
agencies 
and 
18 
stakeholders, shall promulgate the rules and regulations to implement the provisions of 
19 
this Act. Such rules and regulations shall take effect fifteen (15) days after its publication 
20 
in a newspaper of general circulation. 
21 
SECTION 9. Appropriations. - To carry out the provisions of this Act, such 
22 
amount as may be necessary is hereby authorized to be appropriated from the National 
23 
Treasury. Thereafter, the amount necessary for the continuous operation of the 
24 
Commission shall be included in the annual appropriation of the Department of 
25 
Education. 
8 


SECTION 10. Separability Clause. - Ifany provision of this Act is held invalid or 
2 
unconstitutional, the same shall not affect the validity and effectivity of the other 
3 
provisions hereof. 
4 
SECTION 11. Repealing Clause. - All laws, decrees, orders, and issuances, or 
5 
portions thereof, which arc inconsistent with the provisions of this Act, arc hereby 
6 
repealed, amended or moditied accordingly. 
7 
SECTION 12. Effectivity Clause. - This Act shall take efrect fifteen (15) days 
8 
after its publication in the Official Gazette Of in two (2) newspapers of general 
9 
circulation. 
Approved, 
Ifldp24Sept20 15 
9