Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. _ 2900

Introduced by Rep. Eulogio “Amang” R. Magsaysay

EXPLANATORY NOTE

This bill seeks to institute the needed quality-assurance mechanisms to our present
educational system through the creation of a separate and independent agency - the National
Educational Testing and Assessment Authority (NETAA).

Testing and assessment are necessary links to establish the extent to which quality,
relevance, efficiency, and other educational goals are met, germane in decision-making on
crucial items like curricular reforms, refocusing educational philosophy, new directions and
the likes. While there are various forms of testing already being administered at different
educational levels in our system, these on the other hand are carried out by individual
agencies or institutions. For example, the National Education Testing and Research Center
(NETRC) under the Department of Education (DepEd) takes care of our basic education's
achievement tests, career guidance and assessment, while the DepEd’s Bureau of
Elementary Education (BEE) takes charge of the school readiness index. In the same way
that colleges and universities develop and administer their own respective college admission
tests, and the Technical Education and Skills Authority (TESDA) administers trade tests. As
the measures of learning outcome in different levels are inter-related, this fragmented context
of testing and assessment leads to such occurrences like basic education-college curriculum
incoherence, skills-jobs mismatches, and many others.

Establishing a unified testing and assessment system is the ultimate goal of this
legislation. Under one, solid harmonized educational system that we envision, the NETAA will
fill the gap by coordinating and harmonizing various existing efforts in educational
assessment.

The establishment of an evaluation and testing body as proposed under this bill has
long been overdue. In 1991, the Congressional Commission to Review and Assess
Philippine Education (EDCOM) in its final report which caused the restructuring and tri-
focalization of the management of the country’s educational system, called for the institution
of this structural reform. In 2000, its implementation was particularly reiterated in the nine (9)
reform proposals contained in the “Philippine Agenda for Educational Reform” embodying the
teport of the Presidential Commission on Educational Reform (PCER) which was created in
1998 to continue and build on the work of the 1991 Congressional Commission on Education.
Again, in 2009, its establishment was directed among the strategic platforms laid down in
“The Main Education Highway” adopting the recommendations and action plans of the
Presidential Task Force for Education (PTFE). The task force was created in 2007 to assess,
plan and monitor the entire educational system to further strengthen the role of education in
accelerating national and global competitiveness;

Immediate approval of this bill is therefore earnestly sought.

EULOGIO “AMANG” R. MAGSAYSAY


SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )
House of Representatives

House Bill No,_ 1900

Introduced by Rep. Eulogio “Amang” R. Magsaysay

AN ACT
CREATING THE NATIONAL EDUCATIONAL TESTING AND ASSESSMENT AUTHORITY
(NETAA), DEFINING ITS STRUCTURE, POWERS AND FUNCTIONS, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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 "National Educational Testing
and Assessment Act of 2013".

SECTION 2. Declaration of Policy. It shall be declared the policy of the State to
promote the right of all citizens to quality education at all levels and to take appropriate
measures to make such education accessible to all. Thus, to attain quality education,
mechanisms shall be established to monitor educational processes and outcomes through
appropriate assessment and evaluation systems. Assessment and evaluation, in view of their
importance, shall be considered vital to the continuing pursuit of quality education.

SECTION 3. Definition of Terms. As used in this Act:

a) "Assessment" covers the broader scope than the restrictive connotations of the
term's measurement. The process of assessment involves the appraisal of the level or
magnitude of some attribute.

b) "Evaluation" is the process of gathering data, which can be used as basis for
forming judgments, and to continuous decision making about programs, processes
and products.

©) "Testing" refers to systematic procedures for measuring samples of behavior under
controlled conditions

d) "Equivalency, Certification and Accreditation" shall mean methods of assessing and
evaluating an individual's level of proficiency in a specified area.

SECTION 4. Creation of the National Educational Testing and Assessment
Authority (NETAA). To implement the policy declared in this Act, the National Educational
Testing and Assessment Authority (NETAA) is hereby created hereinafter referred to as the
“Authority”, which shall be attached for administrative purposes to the Office of the President
until such a time that an appropriate body is created by law.

The Authority shall be a separate and independent body, attached to the Office of the
President for administrative purposes only.

SECTION 5. Organization of the Authority. The National Education Assessment and

Evaluation Authority shall be composed of the Authority Board, the NETAA Research
Council, its technical and administrative staff and personnel.

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SECTION 6. Composition of the Authority Board. The Authority shall be governed
by a Board, which shall be composed of nine (9) full-time regular members.

During the transition period, which begins upon approval of this Act, the following shall
act as Ex-Officio Members of the Board for a maximum period of one (1) year under an Ex-
Officio Chairman chosen by the members among themselves:

a) The Secretary of the Department of Education (DepEd);

b) The Chairman of the Commission on Higher Education (CHED);

¢) The Director-General of the Technical Education and Skills Development Authority
(TESDA);

4) The Secretary of the Department of Science and Technology (DOST);

Thereafter, the President shall appoint the nine (9) regular members of the Board, as
follows:

a) A representative of public basic education schools;

b) A representative of private basic education schools;

c) A representative of state universities and colleges;

d) A representative of private higher education institutions;

c) Arepresentative of government technical education and skills development
institutions;

f) A representative of private technical education and skills and development
institutions;

g) An eminent educator in the field of Measurement and Evaluation;

h) An eminent educator in the field of Educational Research; and

i) An eminent educator in the field of Psychology, Psychometrics, or Career
Counseling,

The regular members shall be persons known for their high degree of professionalism
and probity who have distinguished themselves as authorities in their respective fields or
levels of learning. The representative-members shall be appointed upon the recommendation
of their respective duly recognized organizations,

SECTION 7. Term of Office. The President shall appoint the regular members of the
Authority Board for a term of four (4) years without prejudice to one reappointment, unless
otherwise elected as Chairman of the Board by the members themselves, whose term shall
be five (5) years which may be extended for another term upon reappointment.

The Authority Board Members shall hold office on full-time basis until their successors
shall have been appointed and qualified. Should a member fail to complete his term, his
successor shall be appointed by the President of the Philippines but only for the unexpired
portion of the term.

In no case shall any and all of the members appoint representatives to act on their
behalf.

SECTION 8. Rank and Emoluments. The elected Chairman of the Board shall at
the same time become the Director-General of the Authority with the rank, compensation and
emoluments of Department Secretary. He shall execute and implement the policies,
programs and resolutions by the Authority Board

All other members shall then hold the rank of Department Undersecretary with the
corresponding compensation and other emoluments


SECTION 9. Board of Advisers. The Ex-Officio Members as provided under Section
6 of this Act shall constitute the Board of Advisers which shall meet with the Authority at least
once a year for consultation and coordination purposes.

The President, upon recommendation of the Authority or when the need arises, may
appoint additional members of the Board of Advisers.

SECTION 10. The NETAA Research Council. The Authority Board, immediately after
its official constitution, shall cause the formation of NETAA Research Council to act as the
research arm of the body.

SECTION 11. Powers and Functions of the Authority Board. Assuming the
responsibility and accountability for educational assessment at all levels --- early childhood
care and development, basic education (formal and alternative), higher education, technical
education and skills development --- whether public or private, the Board shall have the
following powers and functions.

a) Formulation and implementation of system-wide national policies and plans, standards
and programs on testing and evaluation, and assessment pertaining to the country's
educational system;

b) Review, improve and oversee the implementation of all national testing and
assessment programs;

©) Coordination and collaboration with different institutions and concemed agencies,

government and private, on matters pertinent to testing and evaluation;

Conduct of research on areas that bear on assessment of student learning and

teaching, and development of database in all levels;

e) Extension of assistance to schools or institutions, upon their request, in developing
their capability to assess and evaluate students or learners;

f) Dissemination of information to the public;

g) Exercise other functions which are necessary for the effective implementation and to
carry out the purposes of this Act.

d

In the performance of the foregoing powers and functions, the Board shall indulge
itself in the following specific duties:

a) To develop various types of test instruments and assessment tools considering

those that are currently being used or administered by concerned agencies or

institutions;

To administer the tests and assessment with concerned clienteles and carry out

the needed post-administration procedures and processes;

To organize and constitute working committees or groups to carry out specific

tasks;

To call upon any department, bureau, office or government corporation, academic

institutions, and other concerned government, private and non-government

organizations for assistance;

e) To evaluate the basic education such that it will provide worthy inputs to tertiary
education;

f) To consider the required knowledge and skills by the industries in conducting tests
and assessments,

g) To devise equivalency measures between and among different tests;

h) To accredit testing agencies;

i) To conduct continuing research studies relating to the mandate of the Authority;

j) To provide consultative assistance to agencies or institutions on testing and
evaluation;

k) To provide training and technical assistance to its staff and field personnel to
safeguard the integrity of testing and evaluation programs;

1) To collect fees, receive and maintain funds, grants, donations and bequests for the
promotion of its aims and purposes,

m) To carry out all other duties necessary to the performance of its powers and
functions.

b

°)

d)

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SECTION 12. Transitory Provisions.

a) The incumbent officials and employees of the present National Educational Testing
and Research Center (NETRC) presently attached with DepEd, shall continue to perform
their respective duties and responsibilities, in a holdover capacity, and receive their
corresponding salaries and benefits until such time when the organizational structure and
staffing pattern of the Authority will have been approved by the Board.

Those personnel whose positions are not included in the new staffing pattern
approved by the Board or who are not reappointed or who choose to be separated as a result
of the reorganization shall be entitled to whatever compensation and benefits are due them
under existing laws.

b) All assets such as test items in the item bank, equipment, books, including
Appropriation and other funds and liabilities of the NETRC shall be transferred to the
Authority

c) The transition period shall not exceed one year from the effectivity of this Act.

SECTION 13. Appropriations. The amount of Two Hundred Million Pesos
(P200,000,000) is hereby appropriated to initially implement the provisions of this Act
Thereafter, such funds as may be necessary for its continued implementation shall be
included in the Annual General Appropriations Act.

SECTION 14. Implementing Rules and Regulations. Within ninety (90) days from
the effectivity of this Act, the DepEd Secretary, the CHED Chairman, the TESDA Director-
General, the DOST Secretary, in coordination and collaboration with the concerned duly
established and accredited organizations, shall promulgate the necessary rules and
regulations for the effective implementation of this Act.

SECTION 15. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected hereby shall remain valid and subsisting

SECTION 16. Repealing Clause. All laws, decrees, executive orders, proclamations,
rules and regulations, or parts thereof inconsistent herewith are hereby repealed or modified
accordingly.

SECTION 17. Effectivity Clause. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,