FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 1660

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

EXPLANATORY NOTE

Education is the prime motive force for the development of a nation. This is
recognized by the Constitution by making education the foremost concern of the
State and by providing access for academic and technical development the
responsibility of the government.

This bill aims to recognize and provide the mechanism for the establishment
and propagation of the open and distance learning educational mode in the
Philippines. This bill entrusts the University of the Philippines Open University to be
the vanguard for the development of this learning system. The University shall assist
and provide the necessary expertise for schools wishing to create learning programs.

This learning mode will provide access to those who wish to enhance their
academic and technical training without being bound by the logistical difficulties
present in our educational landscape.

The passage of this bill is most eamestly urged.

jUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 1660

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

AN ACT
TO IMPROVE ACCESS TO EDUCATION THROUGH OPEN LEARNING AND
DISTANCE EDUCATION IN POST SECONDARY AND TERTIARY LEVELS IN
THE PHILIPPINES, 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 2010.”

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 promotion 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. Definition of Terms. - For purposes of this Act, the following terms

are hereby defined:

(a) Open Learning — A philosophy of learning that is quality-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 his/her circumstances and requirements;

(b) Distance Education — is 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;

3) 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 institution;

d) Center/institute/School of Distance Education - refers to a
subsidiary of a higher education institution which offers distance
education programs, but is not qualified to be called an Open
University, and whose degrees are awarded by the mother
university;

) 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

0) Tertiary Education — shall refer to the higher learning level after high
school offering baccalaureate, graduate or post-graduate programs;

@ Post Secondary Education - shall refer to non-degree technical-

vocational programs accredited by the Technical Education and
Skills Development Authority;

(h) Technical-Vocational Programs - shall refer 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. 4. Institutionalization of Distance Education. — Distance Education is

hereby institutionalized in the Philippines in accordance with the provisions of this
Act.

SEC. 5. 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 implementers of open learning and distance education programs

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
(©) 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. — Open learning programs, curricula and courses developed and
offered in distance education mode shall be subjected to similarly high standards,
policies and guidelines imposed on traditional or conventional tertiary education
programs, curricula and courses to ensure equivalence in quality and substance of
both distance and traditional or conventional modes of education.

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.

(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;

(d) Completion of all the requirements for the academic program shall
be evidenced by the award of the appropriate academic degree;

(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 Leaming/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,

(©) Electronic/Computer Technology and Virtual Classrooms - CD-ROM,
electronic mail, e-bulletin boards, world-wide web, 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 and the TESDA shall provide support to higher education institutions and post
secondary schools, respectively, with open learning and distance education
programs, such as, but not limited to the following:

(a) Training of qualified teachers in open learning and distance education

programs and materials;

(b) implementation of relevant curricular programs;

(c) Development of appropriate learning materials:

(d) Acquisition of technology:

(e) Provision of suitable student support services;

(f) Development of suitable learning management systems or platforms;


(g) Formal linkages with other appropriate institutions that can host
learning or testing centers.

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, higher education institutions
and post secondary schools engaged in open learning and education programs shall
be tasked to perform the following student support services:

(a) Provide clear admission policies and procedures for applicants;

(0) 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. Counseling, and the provision of other support
services;

(©) 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 (UPOU).
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 higher
education;

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

(©) 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) 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;

(e) Assist CHED and TESDA in the formulation of national policies, standards,
and guidelines for distance education;

(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 instruction in the country;

(h) Make instructional materials for distance education programs accessible
to the public through collaborative arrangements, and other appropriate
mechanisms;


()) Assist other interested educational institutions in developing their distance
education programs, courses, and materials for specific learner groups or
the public at large; and

Provide technical assistance to CHED and TESDA on matters relating to

distance education policies, guidelines and standards, particularly in

implementing an accreditation system for open learning and distance
education programs and institutions in the country;

(k) 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

()) Help capacitate distance education teachers and practitioners through its
capacity building and professionalization programs

0

SEC. 12. Roles of the Commission on Higher Education (CHED) and the
Technical Education and Skills Development Authority (TESDA). - The CHED and
TESDA shall be the respective authorities to identify the HEIs and post secondary
schools which shall be allowed to offer distance education programs and be given
allocation for the continued implementation of these programs. 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 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, Tax Incentives. - Private entities such as private schools,
broadcasting companies, telecommunications networks and others which shall
provide appropriate materials, time and delivery support services for the promotion of
open learning and distance education in partnership with higher education


institutions delivering academic degree programs through distance education, shall
be given corresponding tax credits in accordance with existing rules and regulations.

SEC. 15. Implementing Rules and Regulations. - The Commission on Higher
Education, through its Technical Panel for Distance Education, and the Technical
Education and Skills Development Authority, in consultation with relevant
stakeholders in higher and technical education, are hereby mandated to formulate
the rules and regulations to implement this Act within a period of ninety (90) days
from the effectivity thereof.

SEC. 16. Appropriations. — For the initial implementation of this Act, the
amount of P150 Million (P150,000,000.00) shall be allocated from the President's
Social Development Fund or from other sources, to the CHED, TESDA and the
UPOU at 40 percent, 40 percent and 20 percent share, respectively. Thereafter,
such funds necessary for the continuous implementation of this Act shall be included
in the respective budgetary allocations of the CHED, TESDA and the UPOU in the
annual General Appropriations Act.

SEC. 17. 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. 18. 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. 19. Effectivi
publication in

the Official Gazette or in at least two newspapers of general circulation.

- This Act takes effect fifteen (15) days after its

Approved,