Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. _478

Introduced by Representative Roman T. Romulo

EXPLANATORY NOTE

Republic Act No. 6728, as amended by Republic Act No. 8545, otherwise known,
as the "Expanded Government Assistance to Students and Teachers in Private
Education Act” or E-GASTPE, which provides assistance to students and teachers in
the private education needs to be further broadened. Circumstances and conditions
have altered since the law was enacted more than twenty years ago.

Private educational institutions are currently afflicted with challenges. In 2020
during the first year of the pandemic, their enrollment dropped by 48%.’ Prior to that,
numerous students had already transferred to public schools due to the abrupt
migration of teachers.’ This predicament also affects the public schools which are
forced to accommodate the increased enrollment.? Hence, a new law upgrading the
EGASTPE is imperative.

Further, various government assistance programs for the benefit of the
students in higher education institutions have been institutionalized in Republic Act
No. 10931, otherwise known as the "Universal Access to Quality Tertiary Education
Act."

This bill seeks to:

(a) Expand the coverage of EGASTPE beneficiaries to kindergarten, elementary,
and high school learners;

* Juan Miguel Luz, “[ANALYSIS] Too Many Children Not Enrolled This Schoo! Year Is A Major Concern,” Rapple,
November 19, 2020, https://www.rappler.com/voices/ispeak/analysis-too-many-children-not-enrolled-this-
school-year-major-concern/

2 Gilbert P. Felongco, “Education Secretary: More Teachers Opting To Work In Public Schools,” Gulf Ne
27, 2018, https://gulfnews.com/world/asia/philippines/education-secretary-more-teachers-opting
public-schools-1.2257710

>See note 2.

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(b) Sets specific critieria for voucher assistance programs to students and
another criteria to participating private basic education schools based on the
percentage of enrolled priority students;

(c) Accentuates student choice through a system that allows students and
Parents to select their preferred schools from a registry of participating schools;

(d) Mandates the DepEd to establish, operate and maintain a system and
mechanism for monitoring program outcomes to ensure accountability of participating
schools;

(e) Grants other forms of assistance to private basic education institutions; and

(f) Establishes in-service training fund and provides salary subsidies to teachers
of private basic education.

With this measure, the complementary role of private educational institutions
to the public school system is further strengthened. Quality education will become
more accessible and the education sector, especially the private institutions, shall
continue to flourish.

In view of the foregoing, this representation seeks the immediate passage of
this measure.

Be DK

ROMAN T. ROMULO
Lone District, Pasig City


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 478

Introduced by Representative Roman T. Romulo

AN ACT

ESTABLISHING THE PRIVATE BASIC EDUCATION VOUCHER PROGRAM,
PROVIDING FOR THE CREATION OF THE BUREAU OF PRIVATE EDUCATION,
AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE
SECTIONS 2, 3, 4(2), 4(3), 5, 6, 7, 12, 14, AND 15 OF REPUBLIC ACT NO.
8545, OTHERWISE KNOWN AS THE “EXPANDED GOVERNMENT
ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION ACT”,
WHICH AMENDED REPUBLIC ACT NO. 6728, OTHERWISE KNOWN AS THE
“GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE
EDUCATION ACT”

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

SECTION 1. Short Title. - This Act shall be known as the “Private Basic
Education Vouchers Assistance Act”.

SEC. 2. Declaration of Policy. — It is the declared policy of the State to
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. As part of its
mandate, it is the State's policy to establish and maintain a system of scholarship
grants, subsidies, and other incentives which shall be available to deserving students,
as determined by the guidelines, in both public and private schools, especially to the
underprivileged. Likewise, the State recognizes the complementary roles of public and
private educational institutions in the educational system and the invaluable
contribution that the private schools have made and will make to education.

The State shall provide the mechanisms to augment the resources and enhance
the quality of private basic education, specifically promoting the complementary roles
of public and private schools and thus recognize the government's priority of providing
basic elementary and secondary education to all Filipino students.


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SEC. 3. Coverage. — This Act shall cover all private basic education institutions
that receive government assistance in the form of vouchers for qualified students,
teachers and schools. This covers all the years of basic education.

The programs of assistance for students under this Act shall be extended only
to citizens of the Philippines.

SEC. 4. Criteria for Voucher Assistance. — The programs for voucher
assistance shall be based on a set of criteria which include among others, the
following:

(a) Criteria for Students. - The voucher assistance shall be given to students
from middle-income families, as determined by the Philippine Statistics Authority
(PSA), who attended public schools identified by the Department of Education as
congested or those living in areas with congested public schools or without a nearby
public school who wish to enroll in private basic education schools.

Students who are most vulnerable and underprivileged shall receive a higher
voucher amount as determined by the Basic Education Assistance Council (BEAC).

(b) Criteria for Schools. - The participating private basic education schools shall
receive assistance based on Quality Assurance under Section 6 of this Act, and the
geographic spread and size of student enrollment, as likewise determined by the
BEAC, except schools with gaps in resources and facilities which are located in
geographically isolated and disadvantaged and conflict-affected areas, or GIDCA
schools. Private schools shall undergo the process of recognition and periodic
assessment to be able to participate in the programs for voucher assistance.

SEC. 5. Empowering Student Choice. - The Department of Education
(DepEd) shall create a system that allows students and parents to select their
preferred schools from a registry of participating recognized schools, subject to
availability of slots.

The registry of participating recognized private basic educational institutions
shall include their schools’ information, such as location, number of available slots,
number of students per classroom and level, extra-curricular programs, current tuition
fees, and top-up required in cases where the voucher amount is less than the tuition
fee, among others.

SEC. 6. Quality Assurance. —- The DepEd shall establish, operate and
maintain a system and mechanism for monitoring program outcomes to ensure
accountability of participating recognized private basic educational institutions. This
covers the following areas:


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(a) Improved Student Performance — Appropriate performance indicators to
determine the extent and outcome of the government assistance and subsidies (GAS)
programs including youth literacy rates, national and international assessment scores,
among others. For this purpose, the National Achievement Tests and all national
assessment examinations generally given by the DepEd shall be administered to all
eligible students in all participating private basic education institutions;

(b) Improved Student Outcomes ~ Tracer system to collect and evaluate the
career and employment path of its graduates;

(c) School Performance — School performance data indicating the mean,
median and mode of the scores of the students in the national examinations, and such
other measures of quality education delivery; and

(d) Priority Subsidy for Underprivileged Students — Distribution of the GAS
Programs while ensuring that funding is equitably allocated following the order of
priority groups.

SEC. 7. Other Forms of Assistance. - The following shall consist of
assistance to private basic education institutions and teachers participating in the
voucher program under this Act:

The forms of assistance granted to teachers in the participating recognized
private basic education schools include:

(a) In-service training fund for teachers in private basic education schools;

(b) Scholarships for qualified private basic education teachers enrolled in
quality graduate programs; and

(c) Participation in government-funded in-service training for basic education
teachers.

The DepEd may establish a program of assistance for the development of
qualified recognized private basic education schools to cover the following areas of
school operation:

(a) Institutional Development;
(b) Organizational Development;
(c) Human Resource Development;

(a) Curriculum and Instructional Development;


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(e) Research and Planning; and
(f) Facilities and School Improvement.

Consistent with Section 10 of Republic Act No. 10533, or the “Enhanced Basic
Education Act of 2013”, the DepEd, in consultation with the Department of Budget
and Management (DBM), may develop other forms of financial arrangements and
engage the services of private basic education schools based on the complementary
roles of public and private institutions in the educational system.

SEC. 8. Basic Education Voucher Program. — Under the basic education
voucher program, kindergarten, elementary, and secondary students enrolled in
recognized private basic education schools charging school fees shall be provided by
the government with vouchers in such amount as may be determined by the DepEd:
Provided, That the amount shall not be less than the amount currently provided by
the DepEd: Provided, That the government shall disburse payment of the vouchers
to the schools concerned within sixty (60) days from the submission of complete
documents to the DepEd.

The budget for the basic education voucher program shall be equitably
allocated and distributed among all regions including the Bangsamoro Autonomous
Region in Muslim Mindanao (BARMM) based on official data sources including, but not
limited to, congestion data and open seats, giving priority to underprivileged students.

Pursuant to Section 2(V), Article V of the Bangsamoro Organic Law, the
Bangsamoro Government shall exercise its authority over education for the areas
under the BARMM and will directly implement the same program to be charged against
their block grant. The DepEd shall provide technical assistance in the implementation
of the GAS Program, when necessary.

Schools participating in the basic education voucher program may increase
tuition on the condition that seventy percent (70%) of the amount of the tuition
increases shall go to the payment of salaries, wages, allowances, and other statutory
benefits of teaching and non-teaching personnel, except administrators who are
principal stockholders of the school, and may be used to cover salary increase as
provided for in the collective bargaining agreements existing or in force at the time
when this Act is approved and made effective. At least twenty percent (20%) of the
tuition increases shall go to the improvement or modernization of buildings,
equipment, libraries, laboratories, gymnasia and similar facilities and to the payment
of other costs of operation. For this purpose, schools shall maintain a separate record
of accounts for all assistance received from the government, any tuition increase, and
the detailed disposition and use thereof, which record shall be made available for
periodic inspection as may be determined by the DepEd.


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SEC. 9. In-Service Training Fund or Inset Fund, - For the purpose of
improving the quality of teaching in private basic education, there is hereby
established in the DepEd an Inset Fund to provide for training programs for the
upgrading of knowledge and teaching competencies in critical subject areas and for
the modernization of teaching techniques and strategies, including training on the use
of computers and of other multi-media educational technologies to assist instruction:
Provided, That the amount of Inset Fund available to private basic education shall
not exceed that available to public basic education as per capita basis: Provided,
further, That the training programs shall be approved by the DepEd.

SEC. 10. Teachers' Salary Subsidy Fund. - A Teachers' Salary Subsidy
Fund is hereby established in the DepEd to grant government subsidy to teachers in
recognized private basic education schools participating in the programs of assistance
under in this Act: Provided, That the government shall provide the teachers with
salary subsidy, to be determined by the DepEd: Provided, further, That the
government shall disbursed payment within sixty (60) days after the close of the
school year upon submission of complete documents, including but not limited to
qualification and actual teaching service, to the DepEd: Provided, furthermore,
That the present allocation out of increases from tuition and other income
shall be maintained: Provided, finally, That the teacher's salary subsidy received
by the teacher shall form part of the exclusions from taxable gross income in
accordance with Section 32(B)(7)(e) of the National Internal Revenue Code of
1997, as amended.

SEC. 11. Creation of the Bureau of Private Education, — The Bureau of
Private Education (BPE) under the DepEd shall be created to serve as the focal office
for the administration, supervision, and regulation of all matters relating to private
basic education institutions, including government assistance and subsidies. It shall
be headed by a Bureau Director.

It shall have the following powers and functions:

(a) Monitor and assess the implementation of the private basic education
institutions of the policies, plans, and programs established by the DepEd
as recommended by BPE;

(b) Set and enforce minimum standards for programs and institutions of
learning, subject to public hearing;

(c) Ensure that the activities, efforts, and performance of private basic
education institutions shall meet the high standards of excellence and
accountability;

(d) Administer and implement the policies and programs related to the
assistance and subsidies given by the government to students, teachers,
and schools in private education;

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(e) Establish and support partnerships with individual private education
institutions to respond effectively to the pressing needs of students and
teachers, and to provide learning solutions to underserved communities;

(f) Monitor and ensure compliance of private basic education institutions to
the promulgated rules and regulations of the DepEd in all matters
concerning private schools, including tuition fee increases; and

(g) Such other powers and functions as may be necessary for the effective
and efficient implementation of this Act.

SEC. 12. Program Administration and Implementation. - The BEAC
shall be responsible for policy guidance and direction, monitoring and evaluation of
new and existing programs while the Government Assistance and Subsidies Service
(GASS) under the BPE shall be responsible for the day-to-day administration and
implementation on the programs of assistance to private basic education.

The BEAC shall be composed of the Secretary of the DepEd, as Chairperson,
and the Secretary of the Department of Economy, Planning and Development
(DEPDev) and Secretary of the DBM as members.

The alternate representative of the Chairperson shall possess the rank of an
Undersecretary while the alternate representatives of the members shall possess the
rank of not less than an Assistant Secretary in order to secure a quorum.

The BEAC shall meet, from time to time, as the need arises, to assess the
effectivity of the programs under this Act and to propose to Congress other forms of
assistance to participating students and schools.

The GASS shall serve as the permanent secretariat for the implementation of
the GAS programs under this Act.

The DepEd may engage the services of a third party co-implementor of the
GAS programs under this Act.

SEC. 13. Appropriations. — The amount necessary for the initial
implementation of this Act shall be charged against the current year’s appropriation
of the DepEd. Thereafter, such amount shall be included in the annual General
Appropriations Act.

SEC. 14. Penalties. - In case of violation of this Act by a private school, the
DepEd may bar, after due process, such school from participating in or benefiting
from the programs of this Act, and from other programs of the DepEd, without
prejudice to administrative and criminal charges that may be filed against the school
or its responsible officers under existing laws.


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SEC. 15. Transitory Provision. — Subject to the availability of funds, the
implementation of the provisions stipulated in this Act for the kindergarten and
elementary levels shall gradually commence in school year 2026-2027, as may be
determined by the DepEd.

SEC. 16. Implementing Rules and Regulations. — Within ninety (90) days
from the approval of this Act, the DepEd shall, in consultation with the DEPDev, the
DBM, and other concerned stakeholders from the national associations of private basic
education institutions, promulgate the rules and regulations implementing the
provisions of this Act.

SEC. 17. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in full force and
effect.

SEC. 18. Repealing Clause. — Sections 2, 3, 4(2), 4(3), 5, 6, 7, 12, 14, and
15 of Republic Act No. 8545, or the “Expanded Government Assistance to Students
and Teachers in Private Education Act, which amended Republic Act No. 6728, or the
“Government Assistance to Students and Teachers in Private Education Act”, are
hereby repealed. All other laws, decrees, orders and rules and regulations contrary
to or inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.

SEC. 19. Effectivity. — Notwithstanding the non-issuance of the implementing
rules and regulations, this Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,