Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City {2

EIGHTEENTH CONGRESS
First Regular Session

3209
House Bill No,

—.

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

_—_—_o

EXPLANATORY NOTE

For the past years, the Department of Education (DepEd) has
been concentrating mainly on the needs of public schools. Although
problems in the public educational institution are enormous and
deserving of much attention, the DepEd should not lose sight of the
whole picture. Private Education also has its own problems, wants
and areas for improvement which have to be addressed and resolved
as well. Yet, it cannot be denied that only limited time and efforts
are given to private schools.

To illustrate, DepEd assigns only one supervisor in charge of
one division which houses many private schools. It is noteworthy
that despite Metro Manila having close to 2,000 private schools,
since there are only 16 divisions therein; accordingly, there are only
16 supervisors which oversee all these private schools. Clearly,
there is a shortage of supervisors for private schools; and usually,
the same supervisors are also tasked to attend to other assignments
Such as scouting, nutrition, teaching, and lastly, the organization
and management of the private schools.

Considering the dilemma faced by the private schools, it is
about time that a bureau is created that will exclusively cater to the


needs of private education specifically in the private elementary and
high school sectors.

Through the creation of the Bureau of Private Schools, all
matters concerning private education in private elementary and
high schools shall all be directed to a centralized department. All
concerns, problems, transactions, and activities relating to private
schools will now be heard and catered to immediately by the said
Bureau. By doing this, the DepEd’s load of work will definitely be
lessened and unclogged. On the other hand, meeting the concerns
of the private elementary and high schools will be fast tracked.

Clearly, the creation of the Bureau of Private Schools promises
more efficiency and output. Moreover, it also ensures that all
problems ~ whether coming from public or private schools, will be
attended to extensively.

It is for this reason that the approval of this Bill is hereby
being sought.

Que CO”,

ERIC OLIVAREZ


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

EIGHTEENTH CONGRESS
First Regular Session

3209
House Bill No.

wh
Introduced by REPRESENTATIVE ERIC L. OLIVAREZ
—

AN ACT ESTABLISHING A BUREAU OF PRIVATE SCHOOLS TO.
ADMINISTER, SUPERVISE, AND REGULATE PRIVATE SCHOOLS
OFFERING PRIMARY AND SECONDARY EDUCATION IN THE
COUNTRY, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES.

SECTION 1. Title. This Act shall be known as the “Bureau of
Private Schools for Primary and Secondary Education Act of 2019.”

SECTION 2. Declaration of Policy. The state shall protect,
foster, and promote the right of all citizens to affordable quality
education at all levels and shall take appropriate steps to ensure
that education shall be accessible to all. The State shall likewise
ensure and protect academic freedom and shall promote its exercise
and observance for the continuing intellectual growth, and the
advancement of learning.

SECTION 3. Coverage and Limitation. It is understood that the
provisions of this act shall only cover activities and other concerns
or matters relating to private colleges or institutions offering primary
and/or secondary. The Bureau shall be under the direct control and
supervision of the Department of Education (DepEd) and in no case
shall the former interfere or transgress with the powers of the
DepEd unless otherwise expressly stated in this Act.


SECTION 4. Creation of the Bureau. Pursuant to the
abovementioned policies, the Bureau of Private Schools is hereby
created, hereinafter referred to as the Bureau. The Bureau shall be
responsible for administering, supervising, and regulating all private
schools offering primary and/or secondary education. The Bureau
shall be under the direct control of the DepEd but it shall function
mainly for the purpose of centralizing the administration of all
concerns relating only to private schools.

SECTION 5. Composition of the Bureau. The Bureau shall be
composed of a Chief Director and four (4) full-time Assistant
Directors to assist the Chief Director. There shall also be appointed
Regional Directors for each region. The Chief Director, Assistant
Directors and Regional Directors shall be appointed by the President
and they shall hold office until their successors have been appointed
and qualified. The Chief Director, Assistant Directors, and Regional
Directors should at least be a holder of post graduate courses

SECTION 6. Powers and Functions of the Bureau. With respect
to private schools, the DepEd shall devolve the following powers and
functions to the Bureau:

a) Formulate and recommend development plans, policies,
Priorities, and programs for private primary and secondary
education;

b) Recommend to the executive and legislative branches,
priorities, and grants on basic and secondary education;

¢) Set minimum standards for programs and institutions of
learning subject to public hearing, and enforce the same;

d) Monitor and evaluate the performance of programs and

institutions of basic learning for appropriate incentives as

well as the imposition of sanctions such as, but not limited
to, diminution or withdrawal of subsidy, recommendation
on the downgrading or withdrawal of accreditation,

Program termination or school closure;

Identify, support, and develop potential centers of

excellence in program areas needed for the development of

)


world-class scholarship, nation building and national
development;

1) Rationalize programs and institutions of primary and/or
secondary learning and set standards, policies, and
guidelines for the creation of new ones, subject to
budgetary limitations and the number of institutions of
private primary and/or secondary learning in the province
or region where creation, conversion or elevation is sought
to be made;

g) Review the policies, guidelines, and other rules and
regulations issued by private schools and/or private
institutions offering primary and/or secondary education;

h) Promulgate such rules and regulations and exercise such
other powers and functions as may be necessary to carry
out effectively the purpose and objectives of this act; and

i) Perform such other functions as may be necessary for its
effective operations and for the continued enhancement,
growth or development of private primary and/or
secondary education.

SECTION 7. Guarantee of Academic Freedom. Nothing in this
act shall be construed as limiting the academic freedom of private
schools or institutions. In particular, no abridgement of curricular
freedom of the individual educational institutions by the Bureau
shall be made except for:

a) Minimum unit requirements for specific academic
programs;

b) General education distribution requirements as may be
determined and;

c) Recommendation of tuition ceiling and/or tuition
increase rate.

SECTION 8. Accreditation. The Bureau shall provide incentives
to private institutions of primary and/or secondary education whose
Programs are accredited or whose needs for accreditation purposes.


SECTION 9. Authority. The Bureau shall exercise such
authority as may be deemed necessary within its premises or areas
of operation to effectively carry out its powers and functions to
attain its objectives. Provided, that the DepEd may at any time order
the Bureau to desist from exercising certain powers and functions
that are inconsistent with that of DepEd and other government
agencies.

SECTION 10. Budget Appropriation. The funding for the
creation Bureau of Private Schools shall be sourced from the budget
allotted to DepEd and shall be included in the annual General
Appropriations Act.

SECTION 11. Implementing Rules and Regulations. Unless
otherwise provided by this act, the DepEd shall promulgate the
Implementing Rules and Regulations to carry out the provisions of
this act.

Such rules and regulations shall take effect upon their
Publication in three (3) newspapers of general circulation.

SECTION 12. Repealing Clause. All laws, presidential decrees,
letters of instructions, executive orders, rules and regulations
insofar as they are inconsistent with this Act, are hereby repealed or
amended as the case may be.

SECTION 13. Separability Clause. In the event that any
Provision of this Act or any portion thereof is declared
unconstitutional by a competent court, the other provisions shall
not be affected thereby and shall remain valid and enforceable.

SECTION 14, Effectivity Clause. This Act shall take effect after
its complete publication in at least three (3) newspapers of general
circulation.

APPROVED