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This page features the full text of
Republic Act No. 6728
"Government
Assistance To Students and Teachers In Private Education Act"
AN
ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE
EDUCATION, AND APPROPRIATING FUNDS THEREFOR.
REPUBLIC
ACT NO. 6728
AN
ACT PROVIDING GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE
EDUCATION, AND APPROPRIATING FUNDS THEREFOR.
Section
1. Title. — This Act shall be
known as the "Government Assistance To Students and Teachers In
Private
Education Act."
.
Sec.
2. Declaration of Policy. — It
is declared policy of the State in conformity with the mandate of the
Constitution,
to promote and make quality education accessible to all Filipino
citizens.
The State also hereby recognizes the complementary roles of public and
private educational institutions in the educational system and the
invaluable
contribution that the private schools have made and will make to
education.
For these purposes, the State shall provide the mechanisms to improve
quality
in private education by maximizing the use of existing resources of
private
education, recognizing in the process the government responsibility to
provide basic elementary and secondary education as having priority
over
its function to provide for higher education. chanrobles virtuallaw libraryred
Sec.
3. Criteria for Assistance. —
The programs for assistance shall be based on a set of criteria which
shall
include, among others, tuition fees charged by the schools, the
socio-economic
needs of each region, overall performance of the schools, the academic
qualifications and the financial needs of the students, as well as the
geographic spread and size of student population.chanrobles virtuallaw libraryred
In
addition to the foregoing criteria, within such reasonable time as the
State Assistance Council may determine, student grantees under the
Private
Education Student Financial Assistance Program shall be enrolled in
schools
which have accredited programs or are applying for accreditation as
determined
by the Federation of Accrediting Agencies of the Philippines, namely:
The
Philippine Association of Accredited Schools, Colleges and
Universities,
the Association of Christian Schools and Colleges Accrediting Agency,
and
the Philippine Association of Colleges and Universities Commission on
Accreditation. chanrobles virtuallaw libraryred
Preference
shall be given to students whose family income is not more than thirty
six thousand pesos (P36,000) or such amount as may be determined by the
Council, as defined hereinafter.cralaw:red
For
purposes of this Act, programs of assistance to students of private
post-secondary
education shall likewise be extended to students of community colleges
and students in non-degree programs including vocational and technical
courses. Implementation of the program shall encourage students to
undergo
tertiary education in the same region where their families reside. chanrobles virtuallaw libraryred
The
programs of assistance under this Act shall be extended only to
students
who are citizens of the Philippines.cralaw:red
Sec.
4. Forms of Assistance. — Assistance
to private education shall consist of:
(1) Tuition
fee supplements for students in private high schools, including
students
in vocational and technical courses;(2) High
School Textbook Assistance Fund: Provided, That students in public
schools
shall be provided a comprehensive textbook program under the Secondary
Education Development Program (SEDP); chanrobles virtuallaw libraryred
(3) Expansion
of the existing Educational Service Contracting (ESC) Scheme;
(4) The
voucher system of the Private Education Student Financial Assistance
Program
(PESFA); chanrobles virtuallaw libraryred
(5) Scholarship
grants to students graduating as valedictorians and salutatorians from
secondary schools;
(6) Tuition
fee supplements to students in private colleges and universities;
(7) Education
Loan Fund; and chanrobles virtuallaw libraryred
(8) College
Faculty Development Fund.
Sec.
5. Tuition Fee Supplement for
Students in Private High School. — (1) Financial assistance for tuition
for students in private high schools shall be provided by the
government
through a voucher system in the following manner:
(a) For
students enrolled in schools charging less than one thousand five
hundred
pesos (P1,500) per year in tuition and other fees during school year
1988-1989
or such amount in subsequent years as may be determined from time to
time
by the State Assistance Council: The Government shall provide them with
a voucher equal to two hundred ninety pesos (P290.00): Provided, That
the
student pays in the 1989-1990 school year, tuition and other fees equal
to the tuition and other fees paid during the preceding academic year:
Provided, further, That the Government shall reimburse the vouchers
from
the schools concerned within sixty (60) days from the close of the
registration
period: Provided, furthermore, That the student's family resides in the
same city or province in which the high school is located unless the
student
has been enrolled in that school during the previous academic year.(b) For
students enrolled in schools charging above one thousand five hundred
pesos
(P1,500) per year in tuition and other fees during the school year
1988-1989
or such amount in subsequent years as may be determined from time to
time
by the State Assistance Council, no assistance for tuition fees shall
be
granted by the Government: Provided, however, That the schools
concerned
may raise their tuition fees subject to Section 10 hereof. chanrobles virtuallaw libraryred
(2) Assistance
under paragraph (1), subparagraphs (a) and (b) shall be granted and
tuition
fees under subparagraph (c) may be increased, on the condition that
seventy
percent (70%) of the amount subsidized allotted for tuition fee or of
the
tuition fee increases shall go to the payment of salaries, wages,
allowances
and other benefits of teaching and non-teaching personnel except
administrators
who are principal stockholders of the school, and may be used to cover
increases as provided for in the collective bargaining agreements
existing
or in force at the time when this Act is approved and made effective:
Provided,
That government subsidies are not used directly for salaries of
teachers
of non-secular subjects. At least twenty percent (20%) shall go to the
improvement or modernization of buildings, equipment, libraries,
laboratories,
gymnasia and similar facilities and to the payment of other costs of
operation.
For this purpose, school shall maintain a separate record of accounts
for
all assistance received from the government, any tuition fee increase,
and the detailed disposition and use thereof, which record shall be
made
available for periodic inspection as may be determined by the State
Assistance
Council, during business hours, by the faculty, the non-teaching
personnel,
students of the school concerned, the Department of Education, Culture
and Sports and other concerned government agencies.chanrobles virtual law library
Sec.
6. High School Textbook Assistance
Fund. — There shall be established in the Department of Education,
Culture
and Sports (DECS) a High School Textbook Assistance Fund, so that an
assistance
on a per student basis shall be given to private schools charging less
than one thousand five hundred pesos (P1,500.00) for 1988-1989 per
year,
or such amount in subsequent years as may be determined from time to
time
by the State Assistance Council, exclusively for the purchase of high
school
textbooks, in support of the implementation of the Secondary Education
Development Program: Provided, That such fund shall not be used for the
purchase of books that will advance or inhibit sectarian interest:
Provided,
further, That such textbooks are included in the list approved by the
Department
of Education, Culture and Sports.
Sec.
7. Expansion of the Existing
Educational Service Contracting (ESC) Scheme. — (a) The Department of
Education,
Culture and Sports (DECS) shall continue to enter into contracts with
private
schools whereby the Government shall shoulder the tuition and other
fees
of excess students in public high schools who shall enroll under this
program.
It shall settle all outstanding obligations before contracting new
obligations.chanrobles virtuallaw libraryred
(b) The
Department shall also enter into contract with private schools in
communities
where there are no public high schools, in which case the Department
shall
shoulder the tuition and other fees of students who shall enroll in
said
private schools. The number of such schools assisted by the program
will
be increased every year such that all schools in this category will be
assisted within four (4) years from the promulgation of this Act.cralaw:red
(c) The
amount of assistance to be given by the Government under this Section
shall
not exceed that determined as the per student cost in public high
schools.chanrobles virtuallaw libraryred
(d) The
Department shall fully pay the subsidized amount to participating
schools
not later than the end of the schoolyear, unless the delay incurred is
attributable to the participating schools.cralaw:red
(e) The
amount of assistance shall be allocated and distributed among the
fourteen
(14) regions in proportion to the total population as well as the high
school age population for the first school year: Provided, That
starting
school year 1990, an equalization scheme shall be implemented by the
State
Assistance Council.chanrobles virtuallaw libraryred
Sec.
8. Assistance to College Freshmen.
— (a) The Voucher System of Private Education Student Financial
Assistance
(PESFA) Program. The existing Private Education Student Financial
Assistance
(PESFA) Program which covers degree and vocational/technical courses
shall
be expanded so that a minimum of ten percent (10%) for the school year
1989, fifteen percent (15%) for the school year 1990, twenty percent
(20%)
for the school year 1991, twenty-five percent (25%) for the school year
1992 and thereafter, of all enrolling first year students can benefit
from
a full or partial scholarship, plus an allowance. Such financial
assistance
shall be granted to deserving underprivileged students, who shall be
selected
on the basis of family income, geographic spread and results of
competitive
examinations to be given by the Department of Education, Culture and
Sports
to students in all secondary schools. The program shall be equitably
allocated
to provinces and cities in accordance with regional and national plans
to priority courses as determined by the Department of Education,
Culture
and Sports in coordination with the National Economic Development
Authority
(NEDA). The priority courses shall be submitted to Congress at the
start
of this program and any changes thereon periodically.cralaw:red
For
purposes of this Act, an underprivileged student shall refer to a
student
whose annual gross income, if any, and that of the combined annual
gross
income of his parents do not exceed thirty-six thousand pesos
(P36,000). chanrobles virtuallaw libraryred
(b) Tuition
Waiver. — Private colleges and universities shall provide for full or
half
tuition waivers for five percent (5%) of the entering freshmen, which
shall
include among others, valedictorians and salutatorians of both public
high
schools and private high schools charging less than one thousand five
hundred
pesos (P1,500) per student per year as of school year 1988-1989, or
such
amount in subsequent years as may be determined by the State Assistance
Council: Provided, That those valedictorians and salutatorians meet
admission
tests and retention requirements of the schools concerned. For this
purpose,
the tuition rates for entering freshmen in all private schools and
colleges
may be determined by the school itself, after appropriate consultations
with parents, students and the alumni of the school. For this purpose,
audited financial statements shall be made available to authorized
representatives
of these sectors.cralaw:red
(c) Allowance
of Valedictorians. — Subject to rules and regulations as may be
promulgated
by the State Assistance Council, valedictorians referred to under
subparagraph
(b) above, may, in addition to tuition waivers granted by the school
concerned,
be entitled to such allowances from the government as are provided to
PESFA
grantees, provided they shall enroll in priority courses.
(d) Allowance
for other Honorees. — In case the graduating class is composed of more
than two hundred and fifty students, all salutatorians and first
honorable
mention graduates thereof may also be entitled to the allowance granted
to valedictorians under the preceding paragraph.cralaw:red
Sec.
9. Further Assistance To Students
in Private Colleges and Universities. — Tuition fee supplements for
non-freshmen
students of private colleges and universities in priority course
programs
determined by the Department of Education, Culture and Sports shall be
provided by the government through a voucher system in the following
manner: chanrobles virtuallaw libraryred
(a) For
re-enrolling students in priority programs in schools, charging an
effective
per-unit tuition rate of eighty pesos (P80) or less per unit or such
amount
in subsequent years as may be determined by the State Assistance
Council:
The Government shall provide the student with a voucher with a value
equivalent
to the tuition fee increase: Provided, That all schools in this
category
shall not be allowed to raise their fees by more than twelve pesos
(P12.00)
per unit, for both priority and non-priority courses; and Provided,
That
such assistance shall be given only to students who have completed one
academic year by June 1989 in priority programs and shall not apply to
future college students and to current college students who transfer
outside
of their region.chanrobles virtual law library (b) For
students in schools charging an effective per unit tuition rate of more
than eighty pesos (P80) per unit or such amount in subsequent years as
may be determined from time to time by the Senate Assistance Council:
The
Government shall provide no assistance, and the schools can determine
their
own tuition rates, subject to Section 10 hereof: Provided, That they
grant
full or half-tuition waivers to five percent (5%) of all their students.chanrobles virtuallaw libraryred
(c) Schools
with accredited programs charging a tuition rate of less than eighty
pesos
(P80.00) per unit or such amount in subsequent years as may be
determined
from time to time by the State Assistance Council, may continue to
determine
tuition rates, subject to Section 10 hereof, and non-freshmen students
in their accredited priority courses will be entitled to a voucher
equivalent
to the tuition increase as in paragraph (a) hereof.
(d) Government
assistance and tuition increases as described in this Section shall be
governed by the same conditions as provided under Section 5 (2).
Sec.
10. Consultation. — In any proposed
increase in the rate of tuition fee, there shall be appropriate
consultations
conducted by the school administration with the duly organized parents
and teachers associations and faculty associations with respect to
secondary
schools, and with students governments or councils, alumni and faculty
associations with respect to colleges. For this purpose, audited
financial
statements shall be made available to authorized representatives of
these
sectors. Every effort shall be exerted to reconcile possible
differences.
In case of disagreement, the alumni association of the school or any
other
impartial body of their choosing shall act as arbitrator.
Sec.
11. Education Loan Fund. — (a)
"Study Now, Pay Later Plan". There is hereby created a special fund to
be known as the Students' Loan Fund to be administered by the
Department
of Education, Culture and Sports, or upon delegation by the Department,
by the Student Loan Fund Authority created under Republic Act No. 6014
which is hereby reinstituted pursuant to the terms of the same Republic
Act which shall be used to finance educational loans to cover
matriculation
and other school fees and educational expenses for book, subsistence
and
board and lodging. chanrobles virtuallaw libraryred
(b) Amounts
covering payments for tuition, matriculation and other school fees
shall
be paid directly to the school concerned.
(c) Any
loan granted under this Section shall be paid by the student-debtor
after
he has finished the course or profession for which the proceeds of the
loan was expended, but only after a period of two (2) years from the
time
he has acquired an employment: Provided, however, That interest at the
rate of not more than twelve percent per annum shall accrue on the
balance
thereof.cralaw:red
(d) Social
Security Fund. The Social Security System Fund shall make available low
interest educational loans to its members and to private educational
institutions
for school buildings and/or improvement of their plants and
facilities. chanrobles virtuallaw libraryred
Sec.
12. Limitation. — The right of
any student to avail himself of the benefits under this Act shall not
apply:
(a) If
he fails for one (1) schoolyear in the majority of the academic
subjects
in which he has enrolled during the course of his study unless such
failure
is due to some valid cause beyond his control; and chanrobles virtuallaw libraryred(b) If
he enrolls for the first time, or transfers, outside of the region
where
he is domiciled unless the course he wants to pursue is a priority
course
as determined by the Department of Education, Culture and Sports and is
not offered in any private school in his region.chanrobles virtual law library
Sec.
13. College Faculty Development
Fund. — For the purpose of improving the quality of teaching in higher
education, there is hereby established in Department of Education,
Culture
and Sports a College Faculty Development Fund to provide for
scholarships
for graduate degrees and non-degree workshops or seminars for faculty
members
in private colleges and universities: Provided, That faculty member
recipients
of such scholarships shall serve three (3) years return service for
every
year of scholarship availed of. The scholarship shall be in priority
courses
as determined by the Department of Education, Culture and Sports in
coordination
with the National Economic Development Authority (NEDA) and cannot be
awarded
to promote or inhibit sectarian purposes.chanrobles virtuallaw libraryred
Sec.
14. Program Administration/Rules
and Regulations. — The State Assistance Council shall be responsible
for
policy guidance and direction, monitoring and evaluation of new and
existing
programs, and the promulgation of rules and regulations, while the
Department
of Education, Culture and Sports shall be responsible for the day to
day
administration and program implementation. Likewise, it may engage the
services and support of any qualified government or private entity for
its implementation.chanrobles virtual law library
The
State Assistance Council (SAC), hereinafter known as the Council, shall
be headed by the Secretary of Education, Culture and Sports as
chairman,
with representatives from NEDA, DBM, DOST, and representatives from
duly
organized nationwide associations of teachers, students and school
administrators
as members. The last three (3) members shall be appointed by the
President
upon the recommendation of their respective sectors for a term of four
(4) years.cralaw:red
The
Council shall meet, from time to time, as the need arises, to assess
the
effectivity of the programs and to ensure that schools, colleges and
universities
where student recipients are enrolled continue to provide quality
education.
For this purpose, the Council shall establish criteria, including
accreditation
status, to determine which schools, colleges and universities may
continue
to enroll students who are recipients of government assistance under
this
Act. chanrobles virtuallaw libraryred
Sec.
15. Appropriations. — (a) The
appropriations of the Department of Education, Culture and Sports
authorized
in General Appropriations Act for Fiscal Year 1989, Republic Act No.
6688,
for A.7.d Implementation of programs for secondary education, A.7.e
Implementation
of programs for higher education, A.7.g Implementation of free
secondary
education shall be reduced as far as practicable on a proportionate
basis
by region to provide funds for the requirements of this Act in Fiscal
Year
1989: Provided, That savings from any other item of appropriation of
the
Department of Education, Culture and Sports may be utilized for the
implementation
of this Act in Fiscal Year 1989: Provided, further, That any deficiency
shall be taken from any or all of the following sources:
(1) Portions
of the coconut levies authorized under Republic Act No. 620 and
Presidential
Decree No. 1468 and other laws earmarked to finance scholarships for
the
benefit of deserving children of the coconut farmers, and the income
thereof:
Provided, That such funds shall be used exclusively for the program of
assistance for said children including their books, board and lodging
and
other allowances in case these are not provided in a particular program
of assistance; chanrobles virtuallaw libraryred(2) Twenty
percent (20%) of the travel tax and airport departure tax
collections;
(3) Ten
percent (10%) of any funds collected by the Sugar Regulatory
Administration
or the Philippine Coconut Authority for students in provinces where
they
are collected; chanrobles virtuallaw libraryred
(4) Ten
percent (10%) of the net income of the Development Bank of the
Philippines;
(5) Portions
of the Overseas Welfare Fund to benefit the dependents or children of
overseas
workers; and
(6) Any
other lump sum appropriations or collections under the supervision and
control of the Office of the President.
Provided,
finally, That the total amount made available to carry out the purposes
of this Act shall not exceed five hundred million pesos (P500M) for
Fiscal
Year 1989. chanrobles virtuallaw libraryred
Thereafter,
such amount as may be necessary for its continued implementation shall
be included in the annual General Appropriations Act.
(b) The
amount of assistance on a per student basis as determined under Section
5(a) and (b) and Section 9(a) of this Act shall remain the same for the
subsequent years unless Congress provides otherwise. chanrobles virtuallaw libraryred
Sec.
16. Penalties. — In case of any
violation of the provisions of this Act or the rules and regulations
promulgated
pursuant thereto by an institution, the Department of Education,
Culture
and Sports, upon the recommendation of the Council, may bar the
institution
from participating in or benefiting from the programs of this Act, and
from other programs of the Department, without prejudice to
administrative
and criminal charges as may be filed against the school and/or its
responsible
officers under existing laws.cralaw:red
Any
school who shall refuse, as required under paragraph (1) (c) of Section
5, Section 8 (b) and Section 9 (b), to furnish copies of their audited
financial statements to concerned sectors with whom they are having
consultations
prior to tuition fee increases, shall forfeit the right to increase
their
tuition fees, in addition to other penalties or sanctions as may be
imposed
under the preceding paragraph or by existing laws.cralaw:red
Sec.
17. Repealing Clause. — All laws
and decrees particularly Presidential Decree Nos. 932 and 1371 and such
letters of instruction, rules and regulations or parts thereof which
are
inconsistent with this Act are hereby repealed or modified
accordingly.cralaw:red
Sec.
18. Separability Clause. — If
any provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of the other provisions not
affected
thereby.chanrobles virtuallaw libraryred
Sec.
19. Effectivity Clause. — This
Act shall take effect immediately upon its publication in English in an
English newspaper and in Filipino in a Filipino newspaper, both of
general
circulation. chanrobles virtuallaw libraryred
Approved:
June 10, 1989
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