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RECEIVED
pareAN 08 2020
TIME;
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Republic of the Philippines
HOUSE OF REPRESENTATIVES |.
Constitution Hills, Quezon City

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EIGHTEENTH CONGRESS LNOEXSA
First Regular Session

5927
House Bill No,

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

The formative years of a child are very essential periods for it
shapes the development of children socially, emotionally, physically
and intellectually. The development of children during these years is
triggered by the children’s response to environment and experience.

As it is well known that children spend a great amount of time
in schools during these years, it cannot be any more stressed that
the environment and experiences of children in schools play a huge
role in the holistic development of a child.

Recognizing the important role that educational systems play in
a child’s life, this Bill intends to institutionalize support mechanisms
for public teachers and personnel. This means that permissible
disciplinary measures, methods of classroom management including
training on classroom management and child discipline and legal
assistance for teachers and school staff, who stand in direct contact
with students in the course of the discharge of their duties shall be
provided,

As such, the passage of this Bill is earnestly sought.

eee
ERIC OLIVAREZ


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

EIGHTEENTH CONGRESS
First Regular Session

5927
House Bill No.

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT INSTITUTIONALIZING SUPPORT MECHANISMS ON
MATTERS OF STUDENT DISCIPLINE AND CLASSROOM
MANAGEMENT FOR TEACHERS AND PERSONNEL IN THE
PUBLIC SCHOOL SYSTEM

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

SECTION 1. Short Title - This Act shall be known as the
“Teacher Protection Act of 2019”,

SECTION 2. Declaration of Policy. - It is the declared policy
of the State to promote the right of all the citizens to quality education
and to provide a system of education that will foster the holistic
growth of children. As children spend their formative years in
educational facilities, the importance of the maintenance of a
complete and adequate system of public basic education should be
emphasized,

To this end, the State shall create institutionalized measures for
all public schools on regulations for student discipline and classroom
management.


SECTION 3. Coverage. - This Act shall be applicable to all
teaching personnel of all public school institutions in the country,
including non-teaching personnel who stand in direct contact with
students in the course of the discharge of their duties.

SECTION 4. Guidelines for Teachers. - The Department of
Education (hereinafter referred to as “the Department”) is hereby
tasked to issue policies and principles on student discipline and
classroom management.

For purposes of this Act, a teacher's manual is a written document
detailing:

1. The school's rules and regulation to be observed by teachers
with respect to students, whenever inside its premises or
outside it;

2. Permissible, appropriate, and effective responses and
interventions that will address violations of school rules and
regulations, including but not limited to communications to
parents, counseling, reprimand, and detention, at each level
and repetition of offense, to be administered by teachers, the
school head, and other school staff; and

3.A clear description of the disciplinary Procedure and clear
designation of the authorities competent to investigate,
Purpose, and apply the responses and interventions.

The Department shall formulate a teacher's manual to be
implemented in all schools under its jurisdiction. This manual shall
Set out, among others the disciplinary action to be taken against
students who are found to have made malicious accusations of child
abuse against teacher and school staff.

SECTION 5. Any act committed by a teacher or school staff
Pursuant to the disciplinary rules and procedure issued by the
Department not within the purview of R.A. No. 7610 shall not be
deemed as child abuse, cruelty or exploitation.


SECTION 6. Consultation of involved sectors in the
drafting of student manual. ~ Students, parents, teachers, other
school personnel, and the community, represented by their
respective organizations, as well as professionals in child behavior
and social work, shall each have meaningful involvement in the
formulation of the guidelines and the teacher's manual.

SECTION 7. Information dissemination of the student
manual. - The Department shall provide explanations, training,
and workshops in order to familiarize students and families with
the student manual, explain the expectations of various sectors
involved, and describe the various preventive and Positive
Tesponses and interventions that may be used.

SECTION 8. Support personnel. - The Department, in
coordination with the Department of Budget and Management,
shall also ensure that there is a sufficient number of items for
licensed guidance counselors, who will serve as support personnel
to teachers and school administrators in matters of student
discipline.

For purposes of this Act, the Department shall implement the
recommended ratio of one guidance counselor for every 200
students in both public and private primary and secondary schools.

SECTION 9. Other support mechanisms for student
discipline and classroom management - The Department shall
Provide such other mechanisms necessary to capacitate its teachers
and other personnel on matters regarding child behavior and
psychology, classroom management techniques, positive discipline,
and other related fields. These measures shall include but not
limited to the conduct of periodic seminars and formulation of
primers and other explanatory materials.


SECTION 10. Protection to teachers and school personnel
in charges related to student discipline and classroom
management - In all cases related to student discipline and
classroom management, including criminal and administrative
charges of child abuse, the Department shall extend to its teachers
and other personnel the necessary protection, including but not
limited to legal assistance and representation.

The Department shall ensure that respondents, in all stages of
the disciplinary proceedings, are amply represented by the
accredited union, or registered union, where there is no existing
accredited union, of teachers or non-teaching employees, as the
case may be.

Violation of this section shall render the administrative
Proceedings void and all responsible persons administratively liable
for gross neglect of duty.

SECTION 11. Confidentiality of identity of parties and
Proceedings under this Act. - No person, whether public or private
and whether a Party to the case or otherwise, shall Publicize a case
during its pendency. In no case shall the identity of complaints and
respondents, or any information that may reasonably identify them,
be disclosed to the public during the pendency of the proceedings,

Violation of this Section shall subject the Person to the
appropriate administrative, civil, criminal, and other liabilities.

The Department shall issue its guidelines for the media with
regard to the handlings of cases within the contemplation of this
Act.

SECTION 12, Implementing Rules and Regulations~ Within
sixty (60) days from the promulgation of this Act, the implementing
Tules and regulations for the Proper implementation of its Provisions


shall be formulated by the appropriate government office or agency
in coordination with all the stakeholders and covered establishments
and institutions.

SECTION 13. Separability Clause - If any provision of this
Actis declared invalid, the remainder or any of this provision hereof
not affected thereby shall remain in force and effect.

SECTION 14. Repealing Clause - Republic Act No. 7610 is
hereby modified accordingly. All laws, decrees, executive orders,
presidential issuances and other administrative rules and
regulations or parts thereof which are inconsistent with this Act are
hereby repealed, amended or modified accordingly.

SECTION 15. Effectivity - This Act shall take effect fifteen (15)
days after its publication in at least two (2) national newspapers of

general circulation.

Approved,