FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution provides: 
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IIUG 213 r'.' :09 
Article 2, Section 13. The State re.cognizes the vital role of the youth in 
nation-building and shall promote and protect their physical, moral, spiritual, 
intellectual, and social well-being. It shall inculcate in the youth patriotism and 
nationalism, and encourage their involvement in public and civil affairs. 
Article 14, Section I. The State shall protect and promote the right of all 
citizens to quality education at all levels and shall take appropriate steps to make 
such education accessible to all. 
Education is a right, especially for the most vulnerable children and youth. Homelessness 
should not be a reason for children and young people not to receive primary and secondary 
education. Further, it is not sufficient reason to separate students from the mainstream school 
environment. 
Hence, the State must ensure that each homeless child and youth has access to the same 
free appropriate public education, including public preschool education, as is provided to other 
children and youths. 
This bill authorizes the Department of Education to grant funds to local governments 
which will formulate and implement a comprehensive plan to give access to primary and 
secondary education to homeless children and young people. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'1? 
l\UG 2~1 
[) J :09 
ky:-e 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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TO IMPROVE ACCESS TO PRESCHOOL, PRIMARY, AND SECONDARY EDUCATION 
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OF CHILDREN AND YOUTH WITHOUT HOMES 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION 1. Short Title. - This Act may be cited as the "Educational Success for 
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Children and Youth without Homes Act of2012." 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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recognize the vital role of the youth in nation-building. Towards this end, the State shall promote 
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their physical, moral, spiritual, intellectual, and social well-being. 
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It is also the policy of the State to protect and promote the right of all citizens to quality 
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education at all levels, and it shall take appropriate steps to make such education accessible to 
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all. 
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The State shall ensure that each homeless child and youth has access to the same free 
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appropriate public education, including public preschool education, as is provided to other 
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children and youths. 
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SECTION 3. Definition of Terms. - In this Act, the term-
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(A) 
"Department" means the Department of Education; 
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(B) 
"Enroll; enrollment" includes attending classes and participating full in school 
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activities; 
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(C) 
"Homeless children and youths" -
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(1) 
means individuals who lack a fixed, regular, and adequate nighttime 
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residence; and 
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(2) 
includes-
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(i) 
children and youths who-
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(I) 
are sharing the housing of other persons due to loss of 
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housing, economic hardship, or a similar reason; 
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(II) 
are living in emergency or transitional shelters; 
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(III) 
are abandoned in hospitals; or 
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(IV) 
are awaiting foster care placement; 
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(ii) 
children and youths who have a primary nighttime residence that is 
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a public or private place not designed for or ordinarily used as a 
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regular sleeping accommodation for human beings; and 
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(iii) 
children and youths who are living in cars, parks, public spaces, 
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abandoned buildings, substandard housing, bus or train stations, or 
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similar setting. 
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(D) 
"Local government" refers to the local government of cities and municipalities, as 
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defined under the Local Government Code; 
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(E) 
"Secretary" means the Secretary of Education; and 
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(F) 
"Unaccompanied youth" means a homeless child or youth not in the physical 
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custody of a parcnt or legal guardian. 
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Section 4. Grants for the Education of Homeless Children and Youths. -
(A) The 
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Secretary is authorized to make grants to local govermnents to enable such local governments to 
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carry out the activities described in this section. 
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(B) 
In order for a local government to be eligible to receive a grant under this section, 
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the local govenunent, in consultation with relevant government agencies, shall submit an 
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application (0 the Secretary at such time, in such manner, and containing or accompanied by 
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such information as the Secretary may require. 
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(C) 
Grant funds [rom a grant made to a local government under this section shall be 
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used for the following: 
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(1) 
(2) 
(3) 
To provide activities for and services to improve the identification of homeless 
children and youths and enable such children and youths to enroll in, attend, and 
succeed in school, including in early care and education programs (especially in 
prekindergarten). 
To provide activities and services to improve the identification of homeless 
children and youths and enable such children and youths to enroll in, attend, and 
succeed in school and preschool programs. 
To establish or designate an Office of the Coordinator for Education of Homeless 
Children and Youths in tlle local government to carry out the duties described in 
this Act. 
(4) 
To prepare and carry out the local government plan described in this section. 
(D) 
The Coordinator for Education of Homeless Children and Youths established in 
each local government shall-
(1) 
gather and make publicly available reliable, valid, and comprehensive 
information-
(i) 
(ii) 
on the number of homeless children and youilis identified in each 
barangay, municipality, city, or province; 
on the nature and extent of the problems homeless children and 
youths have in gaining access to early care and education 
programs, and to public elementary schools and secondary schools; 
(iii) 
on the difficulties in identifying the special needs and balTiers to 
(iv) 
participation and achievement of such children and youths; 
on any progress made by the local government in addressing such 
problems and difficulties; and 
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(2) 
(3) 
(4) 
develop and carry out the local government plan described in this section; 
collect data [or and transmit to the Secretary, at such time and in sllch 
manner as the Secretary may require, reports containing such information 
as the Secretm'y determines is necessary to assess the educational needs of 
all homeless children and youths within the territory of the local 
government; 
in order to improve identification of homeless children mld youths and to 
improve the provision of comprehensive education mld related support 
services to homeless children and youths and their families, and to 
minimize educational disruption, coordinate activities, and collaborate 
with-
(i) 
(ii) 
educators, including teachers, administrators, special education 
personnel, child development and preschool program personnel; 
providers of services to homeless children and youths and their 
families, including services of public and private child welfare and 
social services agencies, law enforcement agencies, juvenile and 
family courts, agencies providing mental health services, domestic 
violence agencies, child care providers, and runaway and homeless 
youth centers; 
(iii) 
providers of emergency, transitional, and permanent housing to 
(iv) 
(v) 
homeless children and youths, and their families, including public 
housing agencies, shelter operators, operators of transitional 
housing facilities, and providers of transitional living programs for 
homeless youths; 
community organizations and groups representing homeless 
children and youths and their families; and 
relevant government agencies, bureaus, and instrumentalities. 
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(5) 
respond to inquiries from parents and guardians of homeless children and 
youths and unaccompanied youths to ensure that each child or youth who 
is the subject of such an inquiry receives the full protections and services 
provided by this Act. 
(E) 
Local Government Plan. - Each local government shall submit to the Secretary 
and carry out a plan to provide for education and related support services for all homeless 
children and youths within its territory. Such plan shall include the following: 
(1) 
A description of how such children and youths are (or will be) gIven the 
opportunity to meet the same challenging student academic achievement 
standards as all students are expected to meet. 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
A description of the procedures the local government will use, in coordination 
with local educational agencies, to identify all such children and youths and to 
assess their special needs. 
A description of procedures for the prompt resolution of disputes arising under 
this Act. 
A description of programs for school and other local educational agency 
personnel (including the liaisons, principals, teachers, enrollment personnel, and 
pupil services personnel) to heighten the awareness of such persolmel of the 
specific needs of homeless adolescents, including runaway and homeless youths. 
A description of procedures that ensure that homeless children and youths are able 
to participate in nutrition programs. 
A description of procedures that ensure that-
(i) 
(ii) 
homeless children have access to public preschool programs; 
homeless youths, including youths separated from public schools, are 
identified and accorded access to appropriate secondary education and 
related support services; 
Strategies to address problems with respect to the education of homeless children 
and youths, including enrollment problems related to immunization and other 
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(8) 
(9) 
required health records aud screenings; residency requirements; lack of birth 
certificates, school records, or other documentation; guardianship issues; or 
uniform or dress code requirements. 
A description of policies and practices to ensure that homeless children and 
youths are not stigmatized or segregated on the basis of their status as homeless. 
A description of policies and practices to promote school success for homeless 
children and youths, including by-
(i) 
(ii) 
ensuring that homeless children and youths have opportunities to 
meet the same challenging student academic achievement 
standards to which other students are held; 
ensuring that homeless children and youths are able to participate 
fully in all classes and school activities, including extracurricular 
activities, athletic activities for which they meet skill level 
requirements, before aud after school programs, summer school 
programs, field trips, classes, tests, and other activities; and 
(iv) 
ensuring that such policies and practices remove barriers to 
participation related to fees, lack of guardianship, lack of 
transportation, enrollment and 
participation deadlines, 
and 
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residency requirements. 
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SECTION 5. bnrolment. -
(A) Public elementary and secondary schools shall 
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immediately enroll the homeless child or youth, even if the child or youth is unable to produce 
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records normally required for enrollment, including previous academic records, records of 
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immunizations aud health screenings and other required health records, proof of residency or 
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guardianship, or other documentation; has unpaid fines or fees from prior schools or is unable to 
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pay fees in the school selected; or has missed application or enrollment deadlines during any 
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period of homelessness. 
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(8) 
The enrolling school shall immediately contact the school last attended by the 
child 01' youth to obtain relevant academic and other records. 
(C) 
If the child 01' youth needs to obtain immunizations 01' health screenings, 01' 
immunization 01' other required health records, the enrolling school shall immediately enroll the 
child or youth and refer the parent or guardian of the child or youth, or the unaccompanied 
youth, to the local government health center, clinic, 01' hospital for appropriate immunizations or 
health screenings. 
(D) 
Information about a homeless child's 01' youth's living situation shall be treated as 
a student education record, and shall not be released to employers, law enforcement personnel, or 
other persons or agencies not authorized to have such information under laws and administrative 
issuances, paying particular attention to preventing disruption of the living situation of the child 
or youth and to supporting the safety of such children and youths who are survivors of domestic 
violence and unaccompanied youths. 
SECTION 6. Preschool Programs for Homeless Children. - Local governments shall 
identify and prioritize homeless children for enrollment and increase their emollment and 
attendance in early care and education progran1s, including through policies such as reserving 
spaces in preschool progranls for homeless children; conducting targeted outreach to homeless 
children and their families; waiving application deadlines; providing ongoing professional 
development for staff regarding the needs of homeless children and their families and strategies 
to serve the children and families; 'and developing the capacity to serve all identified homeless 
children. 
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SECTION 7. Prohibition on Segregating Homeless Children and Youths. - In providing a 
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free appropriate public education to a homeless child or youth, no local government receiving 
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funds under this Act shall segregate such child or youth in a separate school, 01' in a separate 
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program within a school, based on such child's 01' youth's status as homeless. 
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SECTION 8. Issuance of Implementing Rules and Regulations. - Within ninety (90) days 
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from the approval of this Act, the Department of Education, in consultation with the Department 
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of Interior and Local Government, the Department of Social Welfare and Development, and 
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other appropriate government agencies and stakeholders, shall promulgate the rules and 
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regulations to implement the provisions of this Act. Such rules and regulations shall take effect 
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fifteen (15) days after its publication in a newspaper of general circulation. 
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SECTION 9. Appropriations. -
To carry out the provisions of this Act, such amount as 
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may be necessary is hereby authorized to be appropriated from the National Treasury. 
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Thereafter, the amount necessary for the continuous operation of the Commission shall be 
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included in the annual appropriation of the Department of Education. 
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SECTION 10. Separability Clause. - If any provision, or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved, 
/jab 
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