SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
Third Regular Session )

18 AUG 28 P5:

fp

se.no. 1954

Introduced by Senator Maria Lourdes Nancy S. Binay

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 THE PROTECTION IN CASE RELATED THERETO

EXPLANATORY NOTE
Public school teachers are at the very forefront in delivering educational service
to millions of students. Aside from dealing with large class sizes, multiple shifts,
and the additional tasks assigned to them under the K to 12 program, teachers
considers instilling discipline in their classroom to be increasingly difficult.

Public school teachers lack the institutional support in standards and the
permissible and effective methods of instilling discipline, guidance counselors to

serve as support personnel, and legal assistance and representation.

Teacher protection is just as indispensable as child Protection. To this end, this
bill seeks to amend to Republic Act No. 7610, otherwise known as the Child
Abuse Law, to the extent that any act committed by a teacher or school
Personnel shall not be deemed as “child abuse” so long as the said act is
Pursuant to the disciplinary rules and procedures prescribed by the DepEd,
through the issuance and implementation of a student manual.



This bill further seeks to establish institutionalized support mechanisms for
teachers and school personnel in matters of classroom management and
discipline, as well as the provision of pre-service and in-service training for
DepEd personnel on child behavior and psychology, classroom management
techniques, and positive discipline, among others.

This bill also seeks to provide legal assistance and representation by counsel and
union or association representatives to protect teachers and school personnel in
cases related to student discipline and classroom management. The
confidentiality of the proceedings and the identity of all parties are further
provided.

In view of the foregoing, the passage of this bill is earnestly requested.

MARIA LOURDES PANCY S. BINAY
Senator



SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES
Third Regular Session )

8 a cecetary

18 AUG 28 P5119 |
SENATE

s.p.No. 1954 RE, im —

Introduced by Senator Maria Lourdes Nancy S. Binay

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 THE PROTECTION IN CASE RELATED THERETO

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

1

Section 1. Short Title. - This Act shall be known as the “Teacher
Protection Act of 2018."

Sec. 2. Declaration of State Policies. - In 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.

Sears. 4FwH

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

14 To this end, the State shall institutionalize measures to implement in all
15 public schools clearly defined regulations on appropriate student behavior
16 towards other students, teachers, and school staff, during classes, and within
17 _ and outside school premises.



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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 schoo! personnel, which
are understood to determine whether or not the physical and emotional
environments of children and teachers are conducive to learning and teaching.

Sec, 3. Code of Discipline or Student Manuals. — Within one hundred and
twenty (120) days the effectivity of this Act, the Department of Education
(hereinafter, the Department) is hereby tasked to issue policies and principles on
student discipline and classroom management, which shall govern all Division-
level student manuals.

For purposes of this Act, a student manual is a written document
detailing:

(1) the school’s rules and regulations to be observed by students
with respect to fellow students and school personnel and
property, whenever inside its premises or outside it, in case
where conduct would interfere with the operation of the
school or endanger the safety of other students and school
staff;

(2

the rights and responsibilities of students in relation to school
rules and regulations, to the end of fostering a positive school
climate and safe environment conducive to instruction and
learning;

(3) permissible, appropriate, and effective responses and
interventions that will address violation of school rules and

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regulations, including but not limited to communication to
parents, counseling, reprimand, and detention, at each level
and repetition of offense, to be administered by teachers, the
school head, and other school staff; and

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a clear description of the disciplinary procedure and clear
designation of the authorities competent to investigate,
propose, and apply the responses and interventions.

The Department shall formulate a student manual to be implemented in all
schools under its jurisdiction, which shall conform to the guidelines so
established. This manual shall set out, among others, the disciplinary action to
be taken against students who are found to have made malicious accusations of
child abuse against teachers and school staff.

Sec. 4. Act Pursuant to Code of Discipline or Student Manuals not Deemed
as Child Abuse. - Any act committed by a teacher or school staff pursuant to the
disciplinary rules and procedure issued by the Department 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.

Sec. 5. Consultation of Involved Sectors in the Drafting of Student
Manual. - 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 and the student manual.

Sec. 6. Information Dissemination of the Student Manual. - The
Department shall provide explanations, training, and workshops in order to

familiarize students and families with the student manual, explain the



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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 student manual shall

be provided to each student as well as their parents or legal guardians.

Sec. 7. Training of Teachers and School Personnel on the School
Manual. - All employees of the Division shall also annually receive instruction
related to the specific contents of the student manual.

Sec, 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 Department's policies and principles governing the student manual
and the scope of their duties and responsibilities with respect to student
discipline and classroom management.

Sec, 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.

Sec. 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

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conduct of periodic seminars and formulation of primers and other explanatory
materials.

Sec. 11. Protection to Teachers and Schoo! 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.

Sec. 12. Confidential 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.

Sec. 13. Rules and Regulations. - Within ninety (90) days from the
effectivity date of this Act, the Department shall promulgate the rules and

regulations necessary to implement the provisions of this Act.

5



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

Sec. 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.

Sec. 16. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its publication in at least two (2) newspapers of general circulation.

Semrirdsnaewn

Approved,