Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
‘Second Regular Session

House Bill No,__©349

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. FERDINAND MARTIN G. ROMUALDEZ

This bill seeks to enhance the partnership between the government and the
private institutions in addressing the gap in relation to the educational system in
the Philippines.

While the national government has been extending assistance to private
educational institutions through the Government Assistance to Students and
Teachers in Private Education (GASTPE) Act, much is still needed to be done to
avert the exodus of students and teachers in private schools to public schools.
This has led to the closure of many private institutions, further widening the gap
in the educational system in the country.

This bill upholds the competitive neutrality and the Constitutional
complementarity in education in order to bring about legislations that will help
private educational institutions by keeping them afloat. This includes expanding
the Teachers Salary Subsidy (TSS) of teachers in private schools to a substantial
amount closer to the salaries of public school teachers, as well as the student
vouchers and scholarship grants to poor but deserving students in private
schools, among others.

It is the responsibility of the State to provide basic elementary and secondary
education and that of the most effective partners in bringing this about is to
improve access to quality education by decongesting public schools. This can
‘only be done by giving more support to private schools given their valuable
contribution to education.

In view of this, immediate approval of this bill is earnestly sought.

YEDDA MARIE K. ROMUALDEZ
Tingog Sinffangan Party List

RDINAN es.

1" District, Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
‘Second Regular Session

6349
House Bill No.

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ
and
HON. FERDINAND MARTIN G. ROMUALDEZ

AN ACT TO STRENGTHEN THE ROLE OF PRIVATE BASIC EDUCATION
IN THE PHILIPPINES BY CREATING FOR THE PURPOSE
THE PARTNERSHIP IN PRIVATE EDUCATION BOARD,
AND THE PARTNERSHIP FUND FOR PRIVATE EDUCATION,
APPROPRIATING FUNDS THEREOF, AND FOR OTHER PURPOSES

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

Section 1. Short Title. - This Act shall be known as the “Partnership in
Private Basic Education Act”.

Section 2. Declaration of Policy. - It is the declared policy of the State in
conformity with the mandate of the Constitution, to promote and make quality
education accessible to all Filipino citizens. The State also hereby recognizes the
complementary roles of public and private educational institutions in the
educational system and the invaluable contribution made by private schools in
the education of young Filipinos.

For these purposes, in furtherance of its responsibility to provide
education for all, the State shall provide the mechanisms to improve quality in
private education by strengthening the role of private education in the
Philippines, institutionalizing the partnership between the government and private
educational institutions, and creating such mechanisms to support their
institutional development.

Section 3. - Creation of the Partnership in Private Education Board. -
There is hereby created the Partnership in Private Education Board, attached to
the Department of Education, which will have lead mandate to establish policies,
priorities, and objectives as well as direct and implement relevant programs and
projects in line with the government's comprehensive effort to establish, maintain

v


and strengthen its partnership with private educational institutions, to the extent
permitted by law, guided by the principles of pluralism, non-discrimination,
inclusion, impartiality and neutrality and in line with our constitutional
commitments guaranteeing the equal protection of the laws and the free exercise
of religion and the prohibiting the establishment of religion.

Section 4. Composition of the Board. - The Partnership in Private
Education Board, hereafter known as the Board, shall headed by the Secretary of
Education as chairperson and composed of the following as members:

(a) Secretary of Science and Technology;

(b) Secretary of Budget and Management;

(c) Director-General of the National Economic and Development Authority;

(d) Chairman of the Commission on Higher Education;

(€) Director-General of the Technical Education and Skills Development
Authority;

(f) Two (2) Representatives of a nationwide association of administrators
of private basic educational institutions;

(g) Two (2) Representatives of a nationwide association of teachers
‘employed by private basic educational institutions;

(h) Representative of a nationwide association of non-teaching personnel
employed by private basic educational institutions.

The last three members shall be appointed by the Council upon the
recommendation of their respective sectors for a term of one (1) school year
subject to re-appointment for a maximum term of four (4) school years.

‘Section 5. Functions. - The principal functions of the Board are:

(a) Develop, lead, and coordinate the government's efforts to strengthen the
role of private educational institutions, and to expand such role in
partnership with the relevant agencies of the national government;

(b) Ensure the day to day administration and program implementation for the
programs of assistance to private educational institutions;

(c) Design and recommend the implementation of appropriate procedures
and mechanisms for effective partnerships and coordination with private
educational institutions;

(d) Establish and support partnerships with individual private educational
institutions in an effort to respond effectively to pressing needs of students

3


and teachers and to provide durable learning solutions to underserved
communities;

(e) Strengthen the capacities of private educational institutions to deliver
educational services effectively in partnership with the national
government and other private organizations;

() Coordinate information activities designed to mobilize public support for
private educational institutions through volunteerism, special projects,
demonstration pilots, and public-private partnerships;

(g) Provide policy and legal education to policymakers and public officials
seeking ways to empower private educational institutions and to improve
the opportunities, capacity, and expertise of such groups;

(h) Monitor implementation and the impact of the programs and projects of
the national goverment in partnership with private educational
institutions;

() Ensure that the activities, efforts and performance of private educational
institutions meet high standards of excellence and accountability;

(i) Serve as the lead government agency in determining and ensuring
effective coordination, collaboration and engagement with private
educational institutions; and

(k) Perform such other functions and carry out activities as may be directed
by law.

Section 6. Government Assistance to Private Education. - The
government, in recognition of their complementary role in the educational
system, may provide aid to the programs of private educational institutions in the
form of subsidies, grants, or loans from government financial institutions:
Provided, That such programs meet certain defined educational requirements
and standards and contribute to the attainment of national development goals.

Section 7. Partnership Fund for Private Education. - The Partnership

Fund for Private Education (PFPE), to be appropriated annually under the
General Appropriations Act, is hereby created as a special trust fund for the
purpose of financing assistance and partnership programs with private basic
educational institutions: Provided, That the PFPE shall not be used to fund
personal services and other operational expenses of the Board: Provided,
further, That the balance of the PFPE including the amount appropriated in the
GAA which shall form part of the fund shall not revert to the general fund:
4


Provided, finally, That the Board shall submit to Congress and the President a
‘semi-annual financial report on the utilization of the PFPE.

The fund shall be suppletory to any annual appropriations allocated by
relevant government agencies for education-related programs and projects. The
fund shall encourage counterpart funding arrangements among private
‘educational institutions, community organizations, the private sector, and other
entities.

The Partnership in Private Education Board shall provide overall strategic
guidance in the management and use of the fund, provide for the receiving and
Processing of projects sought to be financed by the fund; make all decisions on
the use of the fund, including final action on individual applications for grants
andlor loans; and perform such other acts as may be necessary proper or
conducive to the purposes and objectives of the fund and its programs.

Section 8. Uses of the Fund. - The Partnership Fund for Private
Education (PFPE) shall he used to support assistance and partnership programs
with private basic educational institutions, such as, but not limited to, the
following:

(a) Service contracting payments using a student voucher system;

(b) Salary subsidy for teachers in private educational institutions;

(c) Subsidies for loans made from government financial institutions to
finance capital investments, including lot acquisition, infrastructure and
equipment;

(d) Other projects eligible for financing such as continuing faculty
development, in-service trainings, purchase of library materials and
laboratory equipment, and other institutional development programs.

Section 9. Criteria for Assistance. - The Partnership in Private
Education Board shall implement assistance and partnership programs with
participating private basic educational institutions, based on a set of criteria
which shall include, among others, tuition fees charged by the schools, the socio-
economic needs of each region, giving priority to the fourth, fifth and sixth class
municipalities, the overall performance of the private schools, the academic
qualifications and the financial and the financial needs of the students and the
teachers and the financial needs of the private schools, as well as the geographic
spread and size of student population in the locality.


Section 10. Government Assistance to Students in Private Education.
- A portion of the Partnership Fund for Private Education (PFPE) shall be
allocated as tuition fee supplement through a student voucher system for
students enrolled in private schools participating in the assistance programs of
the Partnership in Private Education Board: Provided, that preference shall be
given to students whose family income is below poverty threshold income as may
be determined by the appropriate government agency; Provided further, that the
family income qualifications may be adjusted depending on the change in the
‘economic circumstance and conditions in the country; Provided furthermore, that
the participating school must provide a counterpart of not less than twenty (20)
Percentum of the tuition fee payment; Provided finally, that the amount of
assistance to be given under this section shall not exceed the determined per
student cost in a government school.

The Board shall fully pay the subsidized amount to participating schools
not later than one hundred eighty (180) days from the close of the enrollment

Section 11. Government Assistance to Teachers in Private
Education. - A portion of the Partnership Fund for Private Education (PFPE)
shall be allocated as government subsidy to teachers employed by private
schools participating in the assistance programs of the Partnership in Private
Education Board: Provided, that the total subsidy to be received by teachers in
private basic educational institutions must not be more than thirty (30) percentum
of the salary of a counterpart int the public sector; Provided, further, That the
amount of monthly subsidy shall not exceed the amount of any monthly salary
increase that teachers in government schools shall after the effectivity of this Act
hereinafter receive: Provided, further, That teachers in private basic educational
institutions must qualified to receive subsidy under this Act are duly licensed by
the Professional Regulation Commission: Provided, further, That the government
shall provide them with a voucher for the salary subsidy which shall be
reimbursed directly to the teachers within sixty (60) days after the close of the
school year upon submission of proof of qualification and actual teaching service
in a participating private high school: Provided, further, That the present
allocation out of increases from tuition and other income shall be maintained:
Provided, finally, That in case of insufficiency of funds, priority shall be given to
married teachers supporting a family.

Section 12. Loan Assistance for School Infrastructure and Capital
Investments. - The Social Security System and other government financial
institutions, except the Bangko Sentral ng Pilipinas (BSP) shall, any provision in

6


their respective charters to the contrary notwithstanding, provide preferential
financial packages for private basic educational institutions to fund capital
investments, including lot acquisition, construction of school infrastructure and
purchase of learning equipment, as well as improvement of existing facilities. In
consultation with the Board and the BSP, they shall, within thirty days from the
effectivity of this Act, issue and promulgate the necessary implementing
guidelines.

Section 13. Continuing Professional Development. - A portion of the
Partnership Fund for Private Education (PFPE) shall be allocated to provide for
scholarships for graduate degree, degree and non-degree programs, workshops
or seminars for faculty members in private educational institutions or for in-
service trainings to upgrade knowledge and teaching competencies in critical
subject areas and for the modemization of teaching techniques and strategies:
Provided, such assistance shall be available only to qualified licensed teachers in
Participating private basic educational institutions; Provided further, That faculty
member recipients of such scholarships shall serve as many number of years
retum service for every year of scholarship availed of as may be determined by
the Board in conformity with prevailing National Economic and Development
Authority (NEDA) policies on return service of government scholars; Provided
finally, The scholarship shall be in priority courses as determined by the TESDA
and the CHED and cannot be awarded to promote or inhibit sectarian purposes.

Section 14. Appropriations. - The amount necessary for the creation of
the Board and the initial implementation of this Act shall be taken from the
current fiscal year's unexpended and unobligated appropriations of the
Department of Education. Thereafter, the amounts necessary the implementation
of this Act shall be provided for in the annual General Appropriations Act.

Other sources of funds such as grants, donations, and other forms of
assistance from local and foreign donor agencies, other public or private entities,
and other private domestic and international sources may be tapped and
facilitated by the Board to support the program, subject to regular auditing
guidelines and procedures: Provided, That in case of donations from foreign
sources, acceptance thereof shall be subject to existing government rules and
regulations.

Section 15. Penalties. - In case of any violation of the provisions of this
Act or the Rules and Regulations promulgated pursuant thereto by the
Department of Education, upon the recommendation of the Board, may bar the
institution from participating in or benefiting from the programs of this Act, and
from other programs of the Department, without prejudice to administrative and

7


criminal charges as may be filed against the school and/or its responsible officers
under existing laws.

‘Any school who shall refuse to furnish copies of their audited financial
statements to concerned sectors with whom they are having consultations prior
to tuition fee increases, shall forfeit the right to increase their tuition fees, in
addition to other penalties or sanctions as may be imposed under the preceding
paragraph or by existing laws.

Section 16. Joint Congressional Oversight Committee. - There is
hereby created a Joint Oversight Committee to oversee, monitor and evaluate
the implementation of this Act.

The Oversight Committee shall be composed of five (5) members each
from the Senate and from the House of Representatives, which shall include the
following: Chairperson of the Senate Committee on Education; Chairperson of
the House Committee on Basic Education; Chairperson of the Senate Committee
on Finance; Chairperson of the House Committee on Appropriations; and three
(3) members each to be chosen from the membership of the Senate Committee
on Education, and the House Committee on Basic Education by the Senate
President and the House Speaker, respectively, with at least one member each
from the minority in the House of Representatives and in the Senate. Funding for
the expenses of the Committee shall be taken from the appropriations of both the
Senate and the House of Representatives.

Section 17. Implementing Rules and Regulations - The Secretary of
Education, in coordination with the Professional Regulation Commission (PRC),
and other relevant stakeholders in basic education, shall issue the necessary
rules and regulations for the effective implementation of this Act.

Section 18. Separability Clause - If any part or provision of this Act is
held unconstitutional or invalid, other parts for provisions hereof which are not
affected shall continue to remain in full force and effect.

Section 19. Non-Impairment Clause. - Nothing in this Act shall be
construed as to diminish, impair, or repeal rights recognized, granted, or made
available to disadvantaged, marginalized, or specific sectors under existing laws.

Section 20. Repealing Clause - All laws, decrees, executive orders, rules
and regulations or parts thereof inconsistent with or contrary to the provisions of
this Act are deemed amended, repealed or modified accordingly.


Section 21. Effectivity - This Act shall take effect fifteen (15) days
following completion of its publication in the Official Gazette and in at least two
(2) newspapers of general circulation.

Approved,