Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

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SIXTEENTH CONGRESS
First Regular Session

H.B.No.__ 8094

Introduced by HONORABLE CZARINA D. UMALI

EXPLANATORY NOTE

Article XIV, Section 1 of the Constitution provides that “xox 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

Over the past several years, we have witnessed the increasing number of
student drop-outs in the tertiary level. A big factor to this is the fact that a lot of families
cannot afford to send their children to school in the traditional way. With their meager
resources, they could not afford to sustain the daily allowance of their children for food,
transportation, and other school related expenses. Add to that the sad reality for many
of these students - find work to support themselves, often resulting to dropping-out and
giving up their dream of getting a degree

To find a solution to this problem, this bill hopes to expand the access to
education for these poverty-stricken families and students, through an Open Learning
and Distance Education in post secondary and tertiary levels of education. This way,
students need not attend classes the traditional way. and make use of technology to
access knowledge in their homes or workplace, in pursuit of higher education. This bill
will make education accessible to all

For this reason, the passage of this bill is earnestly sought

- ‘
M-Amadi

CZARINA D. UMALI

Representative

3” District, Nueva Ecija


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 30394

Introduced by: HONORABLE CZARINA D. UMALI

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 2011.”

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 promotich 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 qu
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 learner are separated in time and space,
and the instruction is delivered through specially 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;

() 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 institut

(a) Centeriinstitute/School of Distance Education ~ refers to a
subsidiary of a higher education institution (HEI) which offers
distance education programs, but is not qualified to be called an
Open University, and whose degrees are awarded by the HEI;

(e) Higher Education Institution - 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);

o) Tertiary Education ~ refers to the higher learning level after high
school offering baccalaureate, graduate or post-graduate
programs;

(a) Post-Secondary Education - shall refer to non-degree technical-

vocational programs accredited by TESDA; and

(h) _Technical-Vocational Programs - refers to post-secondary certificate
courses, officially recognized as non-degree 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 Board of Regents/Trustees, University/Faculty Councils,
and/or the Commission on Higher Education, and for technical-vocational courses
in the post secondary level by the Technical Education and Skills Development
Authority 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 institutions that are
instituted in accordance with the standards set by the CHED and
TESDA, respectively.

SEC. 7. Program, Curriculum and Course Development Offerings and
Requirements. — Course offerings and programs of distance education schools
should be comparable in standards, practice and policies to other HEIs. Curricula,
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 CHED or 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 CHED and
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, TESDA and the University of the Philippines Open University (UPOU) shall
provide support to higher education institutions 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;

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

(e) Institutional linkages and networking.

SEC. 10. Support to 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, HEIs and
post-secondary schools engaged in open leaming and 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

jigher education;

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


{c) 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 CHED and TESDA on matters relating to
distance education pol jelines and standards, particularly in
implementing an accreditation system for open learning and distance
education programs and institutions in the count)

{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 communication
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; and

(i) Design and implement a continuing program to develop high level
expertise in the fields of open learning and distance education in the
Philippines through quality formal academic degree programs and non-
formal 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;

(b) 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


6

accordance with the provisions of the implementing rules and regulations
for distance education in the country;

(d) Review and approve or disapprove proposals from higher education
institutions 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 higher
education institutions and public post secondary schools based on the
respective monitoring and evaluation results of the CHED and 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 higher education institutions 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 non-
formal 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 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 HEIs with respect to size, mission and
geographic distribution.

SEC. 15. Interim and Final Report. The agreement under Section 14 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 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 the enactment of this Act.

SEC. 16. Tax Incentives. - Any donation, contribution, bequest and grant, in
cash andlor 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 stance Education, the Technical Education and Skills
Development Authority, 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 witl
effectivity thereof.

a period of ninety (90) days from the

SEC. 18. Appropriations. - The amount necessary to carry out the provisions
of this Act shall be included in the respective budget of the CHED, TESDA, UPOU
and higher education institutions 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 thereof
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,