Sponsored
by: The
ChanRobles Group
A
collection of Philippine laws, statutes and codesnot
included or cited in themain indicesof
theChan Robles Virtual Law Library This web
page
contains the full text ofRepublic Act
No. 8545.
REPUBLIC
ACT NO. 8545 AN
ACT
AMENDING REPUBLIC
ACT NO. 6728, OTHERWISE KNOWN AS "AN ACT PROVIDING GOVERNMENT
ASSISTANCE
TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION AND APPROPRIATING FUNDS
THEREFOR,"
ESTABLISHING A FUND FOR THE PURPOSE OF SUBSIDIZING SALARIES OF PRIVATE
SCHOOL TEACHERS, AND APPROPRIATING FUNDS THEREFOR.
Section 1. Republic Act No.
6728, otherwise known as the "Government Assistance to Students and
Teachers in Private Education Act," is hereby amended to read as
follows:
"Sec. 1. Title. —
This Act shall be known as the 'Expanded Government Assistance to
Students
and Teachers in Private Education Act.'
"Sec. 2. Declaration
of Policy. — It is a 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's responsibility to provide basic elementary and
secondary education, post-secondary vocational and technical education
and higher education as having priority over its other functions.
"Elementary
education is
the first six [6] years of basic education, excluding pre-school and
grade
seven, the completion of which is attested by a certificate issued by
or
with permission of the Department of Education, Culture and Sports.
Secondary
education is the next four [4] years of basic education, the completion
of which is attested by a high school diploma issued by or with
permission
of the Department of Education, Culture and Sports.
"Post-secondary
education
may be education and training in non-degree vocational and technical
courses
offered in post-secondary vocational and technical institutions or
education
in degree courses offered by higher educational institutions, the
completion
of which are attested by a certificate or diploma issued by or with
permission
of the Technical Education and Skills Development Authority [TESDA] or
the Commission on Higher Education [CHED], respectively.
"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 socioeconomic needs of each region giving priority to the
Social Reform Agenda (SRA) provinces, overall performance of the
schools,
the academic qualifications and the financial needs of the students and
the teachers and the financial needs of the schools, as well as the
geographic
spread and size of student population.
"In addition to
the
foregoing
criteria, within such reasonable time as the respective 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 may be recognized by the
respective State Assistance Council.
"Preference
shall be given
to students whose family income is not more than Seventy-two thousand
pesos
[P72,000.00] or such amounts as may be determined by the respective
councils,
as defined hereinafter.
"For purposes of
this Act,
programs of assistance to students and teachers of private
post-secondary
vocational and technical institutions and higher educational
institutions
shall likewise be extended to students and teachers of community
colleges
in degree and non-degree programs. Implementation of the program shall
encourage students to undergo post-secondary vocational and technical
and
higher education courses in the same region where their families reside.
"The programs of
assistance
under this Act shall be extended only to students who are citizens of
the
Philippines.
"The State
Assistance
Council,
jointly with the Department of Education, Culture and Sports (DECS),
the
CHED and the TESDA shall formulate measurement standards for the
evaluation
of the quality of courses as well as the standing and status of the
recipient
institutions.
"Within five [5]
years
from
the approval of this Act, the assistance shall be given to schools:
Provided,
That the present allocation of the tuition fee and other income of the
schools shall be used at the same proportion and allocation as provided
by law.
"Sec. 4.
Forms of
Assistance.
— Assistance to private education shall consist of assistance to
students
and assistance to teachers.
"The following
are forms
of assistance to students in private education:cralaw:red
"(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 the textbook assistance per
student
in private high schools shall be determined by the council and shall
not
exceed what students in public high schools are provided on a per
student
basis under a comprehensive textbook program of the Secondary Education
Development Program [SEDP]: Provided, further, That the
textbook
assistance shall be granted only to beneficiaries of tuition fee
supplements
and educational service contracting scheme provided in this Act;
"(3) Expansion of
the
existing
Educational Service Contracting [ESC] Scheme;
"(4) The voucher
system
of the Private Education Student Financial Assistance Program [PESFA];
"(5) Scholarship
grants
to students graduating as valedictorians and salutatorians from
secondary
schools;
"(6) Tuition fee
supplements
to students in private colleges and universities; and
"(7) Education Loan
Fund.
"The following are forms of
assistance to teachers and faculty in private education:cralaw:red
"(1)
In-service
training
fund for teachers in private high schools; and
"(2) College
Faculty
Development
Fund.
"Sec. 5. Tuition Fee
Supplements
for Students in Private High Schools. — (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:cralaw:red
"(a) For
students
enrolled
in schools charging an amount as may be determined by the State
Assistance
Council, the government shall provide them with a voucher in such an
amount
as may be determined by the council: Provided, That the
government
shall reimburse the vouchers from the schools concerned within one
hundred
twenty [120] days from the close of the registration period.
"(2) Assistance under paragraph
(1), subparagraph (a) shall be guaranteed to all private high schools
participating
in the program for a number of slots as of the effectivity of this Act
as the total number of students who availed of tuition fee supplements
for school year 1997-1998: Provided, That the State Assistance Council
may in subsequent years determine additional slots and/or additional
participating
high schools as may be deemed necessary.
"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 assistance on a per student basis shall be given to
students
enrolled in private schools exclusively for the purchase of high school
textbooks, in support of the implementation of the Secondary Education
Development Program: Provided, That the textbook assistance per
student in private high schools shall be determined by the council and
shall not exceed what students in public high schools are provided on a
per student basis: Provided, further, That the textbook
assistance
shall be granted only to beneficiaries of tuition fee supplements and
educational
service contracting scheme provided in this Act.
"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 high school students who shall enroll in
private high schools under this program.
"(b) The Department
shall
also enter into contracts 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.
"(c) The amount of
assistance
to be given by the government under this Sec. shall not exceed that
determined as the per student cost in public high schools.
"(d) The Department
shall
fully pay the subsidized amount to participating schools not later than
one hundred eighty (180) days from the close of the registration period.
"(e) The amount of
assistance
shall be allocated and distributed among the sixteen [16] 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 1998, an
equalization scheme shall be implemented by the State Assistance
Council.
"(f) The amount of
assistance
to private high schools participating in the program shall be
guaranteed
for a number of slots as of the effectivity of this Act as the number
of
students availing of educational service contracting assistance for
school
year 1997-1998: Provided, That the State Assistance Council
may,
in subsequent years, determine additional slots and/or additional
participating
private high schools as may be deemed necessary.
"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 non-degree vocational/technical courses shall be expanded so that
all
qualified enrolling first year students can benefit from a 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 CHED for degree courses and the TESDA for non-degree
vocational/technical
courses in all secondary schools in coordination with the DECS. The
program
shall be equitably allocated to provinces and cities in accordance with
regional and national plans to priority courses as determined by the
CHED
and the TESDA.
"For purposes of this
Act,
an underprivileged student shall refer to a student whose gross income,
if any, and that of the combined annual gross income of his/her parents
do not exceed Seventy-two thousand pesos [P72,000.00].
"(b) Tuition Waiver.-
Private post-secondary vocational and technical institutions and higher
educational institutions 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: Provided, That those valedictorians and
salutatorians
meet admission tests of the schools concerned.
"(c) Allowance for
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 [250] students, all salutatorians and first honorable
mention graduates thereof may also be entitled to the allowance granted
to valedictorians under the preceding paragraph.
"Sec. 9. Further
Assistance
to Students in Private Colleges and Universities. — Tuition fee
supplements
for students of private post-secondary vocational and technical
institutions
and higher educational institutions enrolled in priority course
programs
determined by the TESDA and the CHED shall be provided by the
government
through a voucher system in the following manner:cralaw:red
"For
students in
priority
programs in schools charging an effective per unit tuition rate of such
amount as may be determined by the State Assistance Council, the
government
shall provide the student with a voucher for the amount of tuition fee
supplement determined by the State Assistance Council.
"Government
assistance
and
tuition increases as described in this Sec. shall be governed by the
same conditions as provided under Sec. 5[2].
"Sec. 10. 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 CHED and the TESDA or upon delegation by the CHED 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.
"(b) Amounts
covering
payments
for tuition and other school fees shall be paid directly to the school
concerned.
"(c) Any loan
granted
under
this Sec. 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 six percent [6%] per annum shall accrue on the balance
thereof.
"(d) Social
Security
Fund. - The Social Security System 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.
"Sec. 11. The
right of any
student to avail himself/herself of the benefits under this Act shall
not
apply if he/she fails for one [1] school year in the majority of the
academic
subjects in which he/she has enrolled during the course of his/her
study
unless such failure is due to some valid cause beyond his/her control.
"Sec. 12. In-service
Training Fund [Inset Fund]. — For the purpose of improving the
quality
of teaching in private secondary education, there is hereby established
in the Department of Education, Culture and Sports an Inset Fund to
provide
for the upgrading of knowledge and teaching competencies in critical
subject
areas and for the modernization of teaching techniques and strategies,
including training in the use of computers and of other multi-media
educational
technologies to assist instruction: Provided, That the Inset
Fund
shall be available only to qualified licensed teachers in participating
private high schools as determined by the State Assistance Council: Provided,
further, That the amount of Inset Fund available to private
secondary
education shall not exceed that available to public secondary education
on a per capita basis.
"Sec. 13. College
Faculty
Development Fund. — For the purpose of improving the quality of
teaching
in private post-secondary vocational and technical institutions and
higher
educational institutions, there is hereby established in the TESDA and
the CHED, a College Faculty Development Fund to provide for
scholarships
for graduate degree, degree and non-degree workshops or seminars for
faculty
members in private post-secondary vocational and technical institutions
and higher educational institutions: Provided, That faculty
member
recipients of such scholarships shall serve as many number of years
return
service for every year of scholarship availed of as may be determined
by
the State Assistance Council in conformity with prevailing National
Economic
and Development Authority (NEDA) policies on return service of
government
scholars. The scholarship shall be in priority courses as determined by
the TESDA and the CHED and cannot be awarded to promote or inhibit
sectarian
purposes.
"Sec. 14. Teachers'
Salary
Subsidy Fund. — A Teachers' Salary Subsidy Fund is hereby
established
in the DECS to grant government subsidy to teachers in private high
schools
participating in the programs of assistance provided in this Act:
Provided,
That the total monthly salary which includes the subsidy to be received
by such private high school teachers shall not be more than eighty
percent
(80%) of the salary of his counterpart in the public sector: Provided,
further, That the amount of monthly subsidy shall not exceed the
amount
of any monthly salary increase that teachers in public high schools
shall
after the effectivity of this Act hereinafter receive: Provided,
further,
That private high school teachers qualified to receive subsidy under
this
Act are duly licensed by the Professional Regulation Commission: Provided,
further, That the government shall provide them with a voucher for
the salary subsidy which shall be reimbursed directly to the teachers
within
sixty [60] days after the close of the school year upon submission of
proof
of qualification and actual teaching service in a participating private
high school: Provided, further, That the present allocation out
of increases from tuition and other income shall be maintained: Provided,
finally, That in case of insufficiency of funds, priority shall be
given to married teachers supporting a family.
"Sec. 15. 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 the rules and regulations,
while
the Department of Education, Culture and Sports, the TESDA and the CHED
shall be responsible for the day to day administration and program
implementation
for the programs of assistance to private secondary education,
post-secondary
vocational and technical education and higher education, respectively.
Likewise, it may engage the services and support of any qualified
government
or private entity for its implementation.
"The State
Assistance
Council,
hereinafter known as the Council, shall be headed by the Secretary of
Education,
Culture and Sports as chairperson, the chairperson of the CHED and the
Director-General of the TESDA as co-chairpersons, with representatives
from the National Economic and Development Authority, the Department of
Budget and Management, the Department of Science and Technology, and
representatives
from duly organized nationwide associations of teachers, students,
parents,
and school administrators concerned with secondary, post-secondary
vocational
and technical education and higher education as members. The last three
[3] members shall be appointed by the Council upon the recommendation
of
their respective sectors for a term of one [1] school year subject to
re-appointment
for a maximum term of four [4] school years. A representative each from
the Committees on Education of both Houses of Congress shall be
designated
resource persons to the Council.
"The Council
shall meet,
from time to time, as the need arises, to assess the effectivity of the
programs and to ensure that the secondary schools, post-secondary
vocational
and technical institutions and higher educational institutions where
student
recipients are enrolled continue to provide quality education. For this
purpose, the Council shall establish criteria, to determine which
secondary
schools, post-secondary vocational and technical institutions and
higher
educational institutions may continue to enroll students and
teachers/faculty
as recipients of government assistance under this Act.
"Sec. 16. Appropriations.
— The amount needed to implement these programs shall be provided for
in
the annual General Appropriations Act for the year 1998. The
appropriation
of One billion pesos (P1,000,000,000.00) already appropriated under the
General Appropriations Act of 1998 shall be used for this purpose.
"All funds
appropriated
for this purpose shall be constituted as a trust fund to be
administered
by the State Assistance Council, which shall be directly and
automatically
released to the different regional offices of the DECS.
"Sec. 17. Penalties.
— In case of violations of the provisions of this Act or the rules
and regulations promulgated pursuant thereto by an institution, the
Department
of Education, Culture and Sports, the TESDA and the CHED, 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.
"Sec. 18. Repealing
Clause.
— All laws and decrees, particularly Presidential Decree Nos. 932 and
1371,
and such letters of instructions, rules and regulations or parts
thereof
which are inconsistent with this Act are hereby repealed or modified
accordingly.
"Sec. 19. 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.
"Sec. 20. 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: Provided, That the implementation
of
new programs of assistance provided in this Act shall be effective in
the
school year of the succeeding fiscal year within which the
appropriations
necessary to implement the new programs shall have been approved into
law."
Sec. 2. 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.
Approved:
February 24, 1998
Back
to Top - Back
to Main Index - Back
to Home
Copyright©1998-2006
by
ChanRobles
Publishing Company
All Rights Reserved
Since 19.07.98
|