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Consolidated K to 12 IRR Draft (as of August 12 2013)

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7/30/2019 Consolidated K to 12 IRR Draft (as of August 12 2013) http://slidepdf.com/reader/full/consolidated-k-to-12-irr-draft-as-of-august-12-2013 1/12 Page | 1 As of August 12, 2013 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10533 1 OTHERWISE KNOWN AS THE ENHANCED BASIC EDUCATION ACT OF 2013 2 3 Pursuant to Section 16 of Republic Act No. 10533, “An Act Enhancing The 4 Philippine Basic Education System By Strengthening Its Curriculum And Increasing The 5 Number Of Years For Basic Education, Appropriating Funds Therefor And For Other 6 Purposes”, otherwise known as the Enhanced Basic Education Act of 2013, approved 7 on May 15, 2013, and which took effect on June 8, 2013, the Department of 8 Education (DepEd), the Commission on Higher Education (CHED) and the Technical 9 Education and Skills Development Authority (TESDA), hereby issue the following rules 10 and regulations to implement the provisions of the Act. 11 12 RULE I. GENERAL PROVISIONS 13 14 Section 1. Short Title. These rules and regulations shall be referred to as the 15 “Implementing Rules and Regulations (IRR) of Republic Act No. 10533, otherwise known 16 as the Enhanced Basic Education Act of 2013”.  17 18 Section 2. Scope and Application. The provisions of this IRR shall apply to all 19 public and private basic education schools and learning centers. To the extent 20 applicable and as provided in the succeeding sections, this IRR shall also apply to 21 duly recognized educational institutions, organizations acting as TEIs and 22 foundations. 23 24 Section 3. Declaration of Policy. These rules shall be interpreted in light of the 25 Declaration of Policy found in Section 2 of the Act. 26 27 Section 4. Definition of Terms. For purposes of this IRR, the following terms shall 28 mean or be understood as follows: 29 30 (a)  Act  refers to Republic Act No. 10533, entitled “An Act Enhancing The Philippine 31 Basic Education System By Strengthening Its Curriculum And Increasing The 32 Number Of Years For Basic Education, Appropriating Funds Therefor And For 33 Other Purposes, otherwise known as The Enhanced Basic Education Act of 34 2013”.  35 36 (b) Career Guidance refers to a lifelong process involving psychological, 37 educational, economic, physical factors, and chance factors that interact to 38 influence the career of the pupils, students and learners. 39 40 (c)  Career Guidance  Advocacy  refers to activities that involve provision of career 41 information and experiences, advising, coordinating and making referrals. 42 43 (d) Career Guidance Advocacy Programs refers to programs that shall include 44 but are not limited to the following: career talks, field trips, career fair, job fair, 45 parents’ career orientation, seminar-workshops in steps in career decision- 46 making. 47 48 (e) Career Guidance Advocates refers to “career and employment guidance 49 counselors, who are not registered and licensed guidance counselors” as 50 referred to in Section 9 of RA 10533, including homeroom advisers and teachers 51 of all learning areas, who will implement career guidance advocacy programs, 52 information and advising. 53 54 (f) Learning Center refers to a physical space to house learning resources and 55 facilities of a learning program for out-of-school youth and adults. It is a venue 56 for face-to-face learning and activities and other learning opportunities for 57 community development and improvement of the people’s quality of life. This 58 may also be referred to as “Community Learning Center” authorized or 59 recognized by DepEd. 60
Transcript
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IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 105331

OTHERWISE KNOWN AS THE ENHANCED BASIC EDUCATION ACT OF 20132

3

Pursuant to Section 16 of Republic Act No. 10533, “An Act Enhancing The 4

Philippine Basic Education System By Strengthening Its Curriculum And Increasing The 5

Number Of Years For Basic Education, Appropriating Funds Therefor And For Other 6

Purposes”, otherwise known as the Enhanced Basic Education Act of 2013, approved7

on May 15, 2013, and which took effect on June 8, 2013, the Department of 8

Education (DepEd), the Commission on Higher Education (CHED) and the Technical9

Education and Skills Development Authority (TESDA), hereby issue the following rules10

and regulations to implement the provisions of the Act.11

12

RULE I. GENERAL PROVISIONS13

14

Section 1. Short Title. These rules and regulations shall be referred to as the15

“Implementing Rules and Regulations (IRR) of Republic Act No. 10533, otherwise known 16

as the Enhanced Basic Education Act of 2013”. 1718

Section 2. Scope and Application. The provisions of this IRR shall apply to all19

public and private basic education schools and learning centers. To the extent20

applicable and as provided in the succeeding sections, this IRR shall also apply to21

duly recognized educational institutions, organizations acting as TEIs and22

foundations.23

24

Section 3. Declaration of Policy. These rules shall be interpreted in light of the25

Declaration of Policy found in Section 2 of the Act.26

27

Section 4. Definition of Terms. For purposes of this IRR, the following terms shall28

mean or be understood as follows:2930

(a)  Act  refers to Republic Act No. 10533, entitled “An Act Enhancing The Philippine31

Basic Education System By Strengthening Its Curriculum And Increasing The32

Number Of Years For Basic Education, Appropriating Funds Therefor And For33

Other Purposes, otherwise known as The Enhanced Basic Education Act of 34

2013”. 35

36

(b) Career Guidance  refers to a lifelong process involving psychological,37

educational, economic, physical factors, and chance factors that interact to38

influence the career of the pupils, students and learners.39

40

(c)  Career Guidance  Advocacy  refers to activities that involve provision of career41information and experiences, advising, coordinating and making referrals.42

43

(d) Career Guidance Advocacy Programs  refers to programs that shall include44

but are not limited to the following: career talks, field trips, career fair, job fair,45

parents’ career orientation, seminar-workshops in steps in career decision-46

making.47

48

(e)  Career Guidance Advocates  refers to “career and employment guidance49

counselors, who are not registered and licensed guidance counselors” as50

referred to in Section 9 of RA 10533, including homeroom advisers and teachers51

of all learning areas, who will implement career guidance advocacy programs,52

information and advising.5354

(f)  Learning Center  refers to a physical space to house learning resources and55

facilities of a learning program for out-of-school youth and adults. It is a venue56

for face-to-face learning and activities and other learning opportunities for57

community development and improvement of the people’s quality of life. This58

may also be referred to as “Community Learning Center” authorized or59

recognized by DepEd.60

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1

(g)  Learners  refers to pupils and students, and to learners in the alternative2

learning system.3

4

(h)   Mother Tongue 

refers to the language first learned by a child. Mother Tongue5

may be used interchangeably with Mother Language and First Language for6

purposes of this IRR. Mother Language or First Language (L1) which may refer7

to any language or languages first learned by a child which he/she identifies8

with of which he/she is identified as a native language user by others, which9

he/she knows best, or uses most. This includes Filipino sign language used by 10

individuals with pertinent disabilities. The regional or native language refers to11

the traditional speech variety or variety of Filipino sign language existing in a12

region, area or place. 13

14

(i)  Non-DepEd Public Schools  refers to public schools offering basic education15

operated by agencies of the national government other than DepEd, or local16

government units.1718

Section 5. Basic Education. Pursuant to Section 3 of the Act, basic education shall19

be intended to meet basic learning needs which provide the foundation on which20

subsequent learning can be based. It shall encompass kindergarten, elementary, and21

secondary education as well as alternative learning systems for out-of-school learners22

and those with special needs.23

24

Section 6 . Enhanced Basic Education Program. For purposes of this IRR and25

pursuant to Section 4 of the Act, the enhanced basic education program encompasses26

at least one (1) year of kindergarten education, six (6) years of elementary education,27

and six (6) years of secondary education, in that sequence. Secondary education28

includes four (4) years of Junior High School and two (2) years of Senior High School29education. The enhanced basic education program may likewise be delivered through30

the alternative learning system.31

32

6.1. Kindergarten Education is the first stage of compulsory and mandatory 33

formal education which consists of one (1) year of preparatory education for children34

at least five (5) years old as a prerequisite for Grade 1.35

36

6.2.  Elementary Education refers to the second stage of compulsory basic37

education which is composed of six years (6). The entrant age to this level is typically 38

six (6) years old.39

40

6.3.  Secondary Education refers to the third stage of compulsory basic41education. It consists of four (4) years of junior high school education and two (2)42

 years senior high school education. The entrant age to the junior and senior high43

school levels are typically twelve (12) and sixteen (16) years old, respectively.44

45

DepEd may allow private schools flexibility in adopting the program provided46

that they comply with the DepEd prescribed standards.47

48

Section 7. Compulsory Basic Education. It shall be compulsory for every parent or49

guardian or other persons having custody of any child to enroll such child in basic50

education, irrespective of learning delivery modes and systems, until its completion.51

52

Section 8.  Inclusiveness of the Enhanced Basic Education. In furtherance of 53Section 3 of the Act, inclusiveness of enhanced basic education shall be taken to mean54

the implementation of programs designed to address the physical, intellectual,55

psychosocial, and cultural needs of learners, which shall include but shall not be56

limited to the following:57

58

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8.1.  Programs for the Gifted and/or Talented. These shall refer to1

comprehensive programs for the gifted and talented learners in all levels of basic2

education.3

4

8.2.  Programs for Learners with Disabilities. These shall refer to the5

comprehensive programs designed for learners with disabilities which may be home-,6

school-, center or community-based.7

8

8.3. Madrasah Program.  This shall refer to the comprehensive program using9

the Madrasah curriculum prescribed by the DepEd, in coordination with the10

Commission on Muslim Filipinos, for Muslim learners in public and private schools.11

12

8.4.  Indigenous Peoples (IP) Education Program.  This shall refer to the13

program that supports education initiatives undertaken through formal, non-formal,14

and informal modalities with emphasis on any of, but not limited to, the following key 15

areas: Indigenous Knowledge Systems and Practices and community history;16

indigenous languages; Indigenous Learning System (ILS) and community life cycle-17 based curriculum and assessment; educational goals, aspirations, and competencies18

specific to the Indigenous Cultural Community (ICC); engagement of elders and other19

community members in the teaching-learning process, assessment, and management20

of the initiative; recognition and continuing practice of the community’s ILS; and the21

rights and responsibilities of ICCs.22

23

8.5. Programs for Learners under Difficult Circumstances. This shall refer to24

the  timely and responsive programs for learners under difficult circumstances, such25

as, but not limited to, geographic isolation, chronic illness; displacement due to armed26

conflict, urban resettlement, disasters; and child labor practice.27

28

Section 9. Acceleration. Acceleration of learners in public and private schools shall29be allowed, consistent with DepEd rules and regulations.30

31

RULE II. CURRICULUM32

33

Sec. 10.  Basic Education Curriculum Development. In the development of the34

Basic Education Curriculum, the DepEd shall be guided by the following:  35

36

10.1. Formulation and Design. Pursuant to Section 5 of the Act, the DepEd37

shall formulate the design and details of the enhanced basic education curriculum. It38

shall work with the Technical Education and Skills Development Authority (TESDA)39

and the Commission on Higher Education (CHED) to craft harmonized basic and40

tertiary education curricula for Filipino graduates to be locally and globally 41competitive.42

43

10.2. Standards and Principles.  The DepEd shall adhere to the following44

standards and principles, when appropriate, in developing the enhanced basic45

education curriculum:46

(a)  The curriculum shall be learner-centered, inclusive and developmentally 47

appropriate;48

(b)  The curriculum shall be relevant, responsive and research-based;49

(c)  The curriculum shall be culture-sensitive;50

(d)  The curriculum shall be contextualized and global;51

(e)  The curriculum shall use pedagogical approaches that are constructivist,52

inquiry-based, reflective, collaborative and integrative;53(f)   The curriculum shall adhere to the principles and framework of Mother54

 Tongue-Based Multilingual Education (MTB-MLE) which starts from55

where the learners are and from what they already knew proceeding from56

the known to the unknown; instructional materials and capable57

teachers to implement the MTB-MLE curriculum shall be available. For58

this purpose, MTB-MLE refers to formal or non-formal education in59

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which the learner’s mother tongue and additional languages are used in1

the classroom. 2

(g)  The curriculum shall use the spiral progression approach to ensure3

mastery of knowledge and skills after each level; and4

(h)  The curriculum shall be flexible enough to enable and allow schools to

5

localize, indigenize and enhance the same based on their respective6

educational and social contexts.7

8

 The production and development of locally produced teaching and learning9

materials shall be encouraged and approval of these materials shall devolve to the10

regional and division education unit in accordance with national policies and11

standards.12

13

10.3. Medium of Teaching and Learning. Pursuant to Section 5 of the Act, 14

basic education shall be delivered in languages understood by the learners as15

language plays a strategic role in shaping the formative years of learners.16

17  The curriculum shall develop proficiency in Filipino and English, provided that,18

the learners’ first and dominant language shall serve as the fundamental language of 19

education. For Kindergarten and the first three years of elementary education,20

instruction, teaching materials, and assessment shall be in the regional or native21

language of the learners. The DepEd shall formulate a mother language transition22

program from the mother/first language to the subsequent languages of the23

curriculum that is appropriate to the language capacity and needs of learners from24

Grade 4 to Grade 6. Filipino and English shall be gradually introduced as languages of 25

instruction until such time when these two (2) languages can become the primary 26

languages of instruction at the secondary level.27

28

10.4.  Stakeholder Participation. To achieve an enhanced and responsive29basic education curriculum, the DepEd shall undertake consultations with other30

national government agencies and other stakeholders including, but not limited to, the31

Department of Labor and Employment (DOLE), the Professional Regulation32

Commission (PRC), the private and public schools associations, the national student33

organizations, the national teacher organizations, the parents-teachers associations34

and the chambers of commerce and other industry associations on matters affecting35

the concerned stakeholders.36

37

Section 11. Curriculum Consultative Committee. Pursuant to Section 6 of the Act,38

a Curriculum Consultative Committee shall be created chaired by the DepEd39

Secretary or his/her duly authorized representative and with members composed of,40

but not limited to, a representative each from the CHED, the TESDA, the DOLE, the41Board of Professional Teachers of PRC, the Department of Science and Technology 42

(DOST), and a representative from the business chambers such as the Information43

 Technology   –  Business Process Outsourcing (IT-BPO) industry association. The44

Consultative Committee shall oversee the review and evaluation of the45

implementation of the enhanced basic education curriculum and may recommend to46

the DepEd the formulation of necessary refinements in the curriculum.47

48

RULE III. TEACHER QUALIFICATIONS, TRAINING & CONTINUING49

PROFESSIONAL DEVELOPMENT50

51

Section 12. Teacher Education and Training. To ensure that the enhanced basic52

education program meets the demand for quality teachers and school leaders, the53DepEd and CHED, in collaboration with relevant partners in government, academe,54

industry, and non-governmental organizations, shall conduct teacher education and55

training programs, as specified but not limited to:56

57

(a)  In-service Training on Content and Pedagogy. DepEd teachers who will58

implement the enhanced basic education curriculum but have not undergone a59

pre-service education that is aligned with the enhanced basic education60

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curriculum shall be re-trained to meet the content and performance standards1

of the Enhanced Basic Education Program curriculum.2

3

 The DepEd shall ensure that private education institutions shall be given4

the opportunity to avail of such training;5

6

(b) Training of New Teachers. New graduates of the Teacher Education curriculum7

not aligned with the enhanced basic education curriculum shall undergo8

additional training, upon hiring, to upgrade their competencies and skills to the9

content and performance standards of the new curriculum. Furthermore,10

CHED, in coordination with DepEd and relevant stakeholders, shall ensure that11

the Teacher Education curriculum offered in these Teacher Education Institutes12

(TEIs) will meet the necessary quality standards for new teachers. Duly 13

recognized organizations acting as TEIs, in coordination with DepEd, CHED,14

and other relevant stakeholders, shall ensure that the curriculum of these15

organizations meets the necessary quality standards for trained teachers.16

17 For purposes of this subparagraph, duly recognized organizations acting as 18

teacher education institutions  refers to organizations, other than schools or19

Higher Education Institutions (HEIs), contracted out by the DepEd for a fixed20

period, to provide teacher education and training for purposes of retooling the21

graduates of the teacher education curriculum, and only in such areas where22

there is a shortage of trained teachers.23

24

(c)  Training of School Leadership . Superintendents, Principals, Subject Area25

Coordinators, and other instructional school leaders shall likewise undergo26

workshops and training to enhance their skills on their roles as academic,27

administrative, and community leaders.28

29(d) Training of Alternative Learning System (ALS) coordinators, instructional 30

managers and learning facilitators. ALS coordinators, instructional managers31

and learning facilitators shall likewise undergo workshops and training to32

enhance their skills on their roles as academic, administrative, and community 33

leaders.34

35

Henceforth, such professional development programs as those stated36

above shall be initiated and conducted regularly throughout the year to ensure37

constant upgrading of teacher skills and competencies which includes administrative38

and instructional skills.39

40

Section 13. Hiring of Graduates of Science, Mathematics, Statistics, Engineering41and Other Specialists in Subjects with a Shortage of Qualified Applicants,42

Technical-Vocational Courses and Higher Education Institution Faculty. 43

Notwithstanding the provisions of Sections 26, 27 and 28 of Republic Act No. 7836,44

otherwise known as the Philippine Teachers Professionalization Act of 1994, the45

DepEd and private education institutions shall hire, as may be relevant to the46

particular subject:47

48

(a)  Graduates of science, mathematics, statistics, engineering, music and other49

degree courses needed to teach subjects in elementary and secondary education50

with shortages in LET-qualified teacher applicants. LET-qualified teacher51

applicants shall also include graduates admitted by foundations duly 52

recognized for their expertise in the education sector and who satisfactorily 53complete the requirements set by these organizations: Provided, That they pass54

the Licensure Examinations for Teachers (LET) within five (5) years after their55

date of hiring: Provided, further, That if such graduates are willing to teach in56

basic education on part-time basis, the provisions of LET shall no longer be57

required.58

59

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Foundations, as used in this section, refer to non-profit organizations, which1

are not operating as educational institutions, contracted out by DepEd for a2

fixed period, to provide volunteers to teach in basic education in areas where3

there is a shortage of qualified teachers. The DepEd shall issue the guidelines4

and procedures for selection and eligibility of these organizations to qualify.5

6

(b) Graduates of technical-vocational courses to teach in their specialized subjects7

in the secondary education: Provided, That these graduates possess the8

necessary certification issued by TESDA: Provided, further, That they undergo9

appropriate in-service training to be administered by the DepEd or higher10

education institutions at the expense of DepEd. The DepEd shall provide11

administrative support to private schools for the in-service training of private12

school teachers on the enhanced basic education curriculum.13

14

(c)  Faculty of HEIs be allowed to teach in their general education or subject15

specialties in the secondary education: Provided, That the faculty must be a16

holder of a relevant Bachelor’s degree, and must have satisfactorily served as17 a full-time HEI faculty;18

19

(d)  The DepEd and Private Education Institutions may hire practitioners, with20

expertise in the specialized learning areas offered by the Basic Education21

Curriculum, to teach in the Secondary Level: Provided, That they teach on22

part-time basis only. For this purpose, the DepEd, in coordination with the23

appropriate government agencies, shall determine the necessary qualification24

standards in hiring these experts.25

26

Full-time teachers and faculty, as used in this IRR, refers to those who comply with27

all of the following:28

291.  who possess at least the minimum academic qualifications prescribed by 30

the DepEd for basic education, the CHED for tertiary education, and the31

 TESDA for technical and vocational education;32

2.  who are paid monthly or hourly based on the normal or regular teaching33

loads as provided for in the policies, rules and standards of the agency 34

concerned;35

3.  whose regular working day of not more than eight (8) hours a day is36

devoted to the educational institution; and37

4.  who have no other remunerative occupation elsewhere requiring regular38

hours of work that will conflict with the working hours in the educational39

institution.40

41Any teaching or academic personnel who does not meet all the foregoing42

qualifications is considered teaching on a part-time basis for purposes of this IRR.43

44

RULE IV. PRIVATE EDUCATIONAL INSTITUTIONS45

46

Section 14. Reasonable Supervision and Regulation. As a matter of policy laid47

down in subsection (1), Section (5), Article XIV of the 1987 Philippine Constitution, the48

State recognizes the complementary roles of public and private institutions in the49

educational system and shall exercise reasonable supervision and regulation of all50

educational institutions. Consistent with Sections 25 and 27 of  Batas Pambansa 51

Bilang 232 , the DepEd Secretary shall have the authority to regulate the operation and52

implementation of all private educational institutions.53

54

For purposes of this IRR, private educational institutions refer to privately 55

owned or managed institutions for teaching and learning, established and authorized56

by the State to operate certain educational programs in accordance with law and the57

prescribed policies and rules of the agency concerned.58

59

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Section 15. Private Senior High School. Private educational institutions may only 1

offer Senior High School when so authorized by the DepEd. Senior High School shall2

refer to the final two (2) years of secondary education which focuses on specialized3

preparation for higher education, middle level skills development, employment, and4

entrepreneurship.5

6

Section 16.  Specializations in Private Senior High School. Private educational7

institutions may offer specializations in Senior High School education that are8

essential to the economic and social development of their region or locality. Local9

planning in the development of educational policies and programs shall be encouraged10

consistent with the State policy to take into account regional and sectoral needs and11

conditions.12

13

Section 17. Issuance and Revocation of Permits and/or Recognition.  The DepEd14

shall prescribe the guidelines on the issuance and revocation of permits and/or15

recognition of Senior High Schools.16

17 RULE V. CAREER GUIDANCE AND COUNSELING ADVOCACY18

19

Section 19. Career Guidance and Counseling Programs. Consistent with Section 920

of the Act, to properly guide the students towards becoming productive and21

contributing individuals through informed career choices, the DepEd, in coordination22

with DOLE, TESDA, CHED, PRC, NYC, industry associations, professional23

associations and other relevant stakeholders, shall pursue programs that:24

25

(a)  expose students to the world and value of work; and26

27

(b) develop the capability of career counselors and advocates who can guide the28

 journey of the students and equip them with the necessary life skills and29values.30

31

Section 20.  Role of Registered Guidance Counselors. Consistent with the32

provisions of Republic Act No. 9258, otherwise known as the Guidance and Counseling 33

Act of 2004 , only registered guidance counselors shall be allowed to do the following:34

counseling, psychological testing (as to personality, career interest, study orientation,35

mental ability and aptitude), research, placement, group process, teaching of guidance36

and counseling subjects, particularly subjects given in the licensure examinations,37

and other human development services.38

39

Section 21.  Career Guidance and Counseling. Career guidance and counseling40

refers to activities that will help students make a choice as to the different tracks and41strands in the Enhanced Basic Education Program as well as higher42

education/training and work. These include information, assessment, counseling,43

consultation, research and program development. Only registered guidance44

counselors shall do career guidance and counseling.45

46

Section 22.  Role of Career and Employment Guidance Advocates. Pursuant to47

Section 9 of the Act, career and employment guidance advocates who are not48

registered and licensed guidance counselors, shall be allowed to conduct career49

guidance advocacy activities to secondary level students of the schools where they are50

currently employed. Provided, that they undergo appropriate capacity building51

programs developed and implemented by DepEd in coordination/partnership with52

DOLE, TESDA, CHED, PRC, NYC, student organizations, industry associations,53guidance and counseling associations, professional associations, and other relevant54

stakeholders, among others55

56

Career guidance advocacy, information and advising may be done by non-57

registered counselors, career guidance advocates, teachers and peer facilitators,58

among others.59

60

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Section 23. Role of the DepEd. DepEd shall:1

2

(a)  Integrate in the curriculum and undertake teaching of relevant Career3

Guidance concepts in relevant learning areas;4

5

(b) Conduct career assessments;6

7

(c)  Conduct regular Career Guidance advocacy activities;8

9

(d) Conduct continuous professionalization and capacity building of guidance10

counselors, guidance teachers and advocates, career and employment guidance11

counselors, including training of peer facilitators, and develop or accredit12

training programs on career guidance and counseling;13

14

(e)  Establish career guidance and counseling advocacy in secondary schools,15

including office space;16

17 (f)  Designate Guidance Supervisors at the Division Level and Career and18

Employment Guidance Counselors at the school level to address the lack of 19

local specialists/expert for the Career Guidance activities; and20

21

(g)  Designate Career and Employment Guidance Advocates to address the lack of 22

registered and licensed guidance counselors for the career guidance advocacy 23

programs.24

25

RULE VI. E-GASTPE BENEFICIARIES AND OTHER FINANCING ARRANGEMENTS26

WITH PRIVATE SCHOOLS AND NON-DEPED PUBLIC SCHOOLS27

28

Section 24. Expansion of E-GASTPE Beneficiaries. Pursuant to Section 10 of the29Act, the DepEd shall develop programs of assistance that will extend the benefits30

accorded by Republic Act No. 8545, or the Expanded Government Assistance for 31

Students and Teachers in Private Education Act , to qualified students enrolled in Senior32

High School.33

34

Section 25. Criteria for Assistance to Qualified Students.  The programs of 35

assistance shall be made available primarily to graduates of the Junior High School36

program in public schools, taking into account the income backgrounds and financial37

needs of students, the available capacities of public, private and non-DepEd public38

schools in the locality, the socio-economic needs of regions, the overall performance of 39

private and non-DepEd public schools, as well as geographic spread and size of the40

student population.4142

Students currently enrolled in private Junior High Schools, whether existing43

grantees or not, may be eligible to participate in these programs of assistance, subject44

to compliance with the qualifications and guidelines to be determined by the DepEd.45

46

Section 26. Forms and Amount of Assistance. The forms of assistance that may be47

provided by the DepEd may include any of the following:48

(a)  A voucher system, where government issues a certification directly to students49

to enable them to enroll in eligible private and non-DepEd schools of their50

choice under a full or partial tuition or schooling subsidy;51

(b) Education Service Contracting (ESC), where government enters into contractual52

arrangements with eligible private and non-DepEd public schools to subsidize,53whether in whole or in part, tuition and other schooling fees of qualified54

students enrolled in those schools;55

(c)  Management contracts, where government enters into contractual56

arrangements with private or non-DepEd public schools to manage the day-to-57

day operations of public schools under agreed performance targets;58

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(d) Forms of assistance provided under Republic Act No. 8525, entitled, An Act 1

Establishing An “ Adopt-A-School Program ” , Providing Incentives Therefor, And For 2

Other Purposes ; and3

(e)  Other forms of financial arrangements consistent with the principles of Public-4

Private Partnership.5

6

 The DepEd shall take into account the ability of program beneficiaries to cover7

tuition differentials, if any, in setting the amount of voucher, ESC subsidies, or other8

forms of assistance. The amount of assistance to be given by the government shall not9

exceed the determined per student cost in public schools.10

11

Section 27. Participating Schools. Private and non-DepEd public schools and other12

potential providers of basic learning needs authorized to offer Senior High School13

education are eligible to participate in programs of assistance under the Expanded E-14

GASTPE and other financial arrangements formulated by the DepEd and DBM based15

on the principles of Public-Private Partnership. The continued participation of said16

providers in the Expanded E-GASTPE program and other financial arrangements is17 subject to their meeting minimum requirements and standards, including student18

performance, as determined by the DepEd.19

20

In the spirit of partnership and greater cooperation between public and private21

education institutions, government will take into account existing and potential22

capacities of private schools in expanding public school capacity.23

24

Section 28. Implementation Mechanisms.  The DepEd may enter into contractual25

arrangements or establish new institutions for the design, administration and26

supervision of financial assistance programs or aspects thereof, subject to the27

approval of the appropriate government agencies. 28

29 The DepEd shall formulate programs and the appropriate guidelines for the30

implementation of the assistance programs. The DepEd shall ensure transparency and31

accountability in the implementation of the Expanded E-GASTPE.32

33

 The DepEd shall implement information and advocacy programs to inform the34

general public and ensure greater participation and availment of the program.35

36

 The DepEd shall undertake periodic reviews of the program features and make37

adjustments, as necessary, to ensure the successful, effective and sustainable38

implementation of the program. The program features shall include, among others,39

amount of subsidy, number of grantees, eligibility requirements, and performance of 40

participating schools.4142

Section 29. Funding Requirement.  The budgetary requirement of these programs43

shall be ensured by the national government.44

45

 The DepEd shall encourage private and corporate donors to support the46

programs of assistance in this section under the framework of Republic Act No. 852547

and other relevant laws and policies.48

49

Section 30. Timeframe.  The DepEd shall implement the programs provided in this50

Rule no later than the start of School Year 2016-2017.51

52

Section 31. Additional Beneficiaries.  The DepEd may develop similar programs of 53assistance for Kindergarten and elementary pupils and alternative learning system54

learners in accordance with specific objectives, taking into account the need and55

capacities of public and private schools.56

57

RULE VII. TRANSITORY PROVISIONS58

59

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Section 32. Private Basic Education Schools’ Transition to the Enhanced Basic1

Education Program. The DepEd shall ensure the smooth transition of private2

elementary and high schools in the country that are not aligned with the Enhanced3

Basic Education Program. The DepEd shall provide the appropriate guidelines on the4

evaluation of the transition plans. For this purpose, a transition plan is a plan5

generated by a private school or a group of private schools detailing their plans on how6

to transition from their current basic education system to the Enhanced Basic7

Education Program.8

9

Private Schools offering 12 to 13 years of basic education prior to the enactment10

of this Act shall submit to the DepEd their transition plans to conform with the11

Enhanced Basic Education Program as provided for in the Act within twelve (12)12

months from the effectivity of this IRR, subject to the guidelines that will be issued by 13

the DepEd.14

15

16

Section 33. Implementation Mechanisms and Strategies. Pursuant to Section 12 of 17 the Act, the DepEd, CHED and TESDA shall formulate the appropriate strategies and18

mechanisms needed to ensure smooth transition from the existing ten (10) years basic19

education cycle to the Enhanced Basic Education Program. The strategies may cover20

changes in physical infrastructure, manpower, organizational and structural21

concerns, bridging models linking secondary education competencies and the entry 22

requirements of new tertiary curricula, and partnerships between the government and23

other entities. Modeling for Senior High School (SHS) may be implemented in selected24

schools to simulate the transition process and provide concrete data for the transition25

plan following the guidelines set by DepEd. The results of the SHS modeling program26

may be considered in the nationwide implementation of the SHS program in School27

Year 2016-2017.28

29 To manage the initial implementation of the Enhanced Basic Education30

Program and mitigate the expected multi-year low enrolment turnout for HEIs and31

 Technical Vocational Institutions (TVIs) starting School Year 2016-2017, the DepEd32

shall engage in partnerships with HEIs and TVIs for the utilization of the latter’s33

human and physical resources, and issue relevant guidelines. Moreover, the DepEd,34

CHED, TESDA, TVIs and HEIs shall coordinate closely with one another to35

implement strategies that ensure the academic, physical, financial, and human36

resource capabilities of HEIs and TVIs to provide educational and training services for37

graduates of the enhanced basic education program to ensure that they are not38

adversely affected. The faculty of HEIs and TVIs allowed to teach students of 39

secondary education under Section 8 of the Act, shall be given priority in hiring for the40

duration of the transition period. The transition period shall be reckoned from the date41of the approval of this IRR until the end of School Year 2021-2022.42

43

Section 33.1. Role of State Universities and Colleges and Local Colleges44

and Universities during the Transition Period. The CHED and DBM shall review the45

financing policy framework for state and local universities and colleges in light of the46

Act with the view of optimizing the use of government resources for education, the47

results of which shall be covered by a joint circular.48

49

Section 33.2. Effects of Initial Implementation of the Enhanced Basic50

Education Program on Industry Human Resource Requirements. The DOLE,51

CHED, and other agencies shall develop a plan, not later than the start of School Year52

2015-2016, to mitigate the initial effects of the Enhanced Basic Education Program53with respect to a potential reduction or absence of college graduates to meet the54

human resource requirements of industry. The said plan shall consider, among55

others, associate degrees or similar qualifications which will allow graduates to enter56

the workforce during the transition period, as well as agreements with industries to57

adjust their employment policies to be flexible toward such graduates.58

59

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Section 34. Labor and Management Rights. In the implementation of the Enhanced1

Basic Education Program and during the transition period, the rights of labor and2

management shall be respected in accordance with the law, to ensure the3

sustainability of private educational institutions and the promotion and protection of 4

the welfare of school personnel. DepEd, CHED, TESDA, DOLE and other concerned5

agencies shall issue policies and implement measures towards such objectives.6

7

RULE VIII. JOINT CONGRESSIONAL OVERSIGHT COMMITTEE8

9

Section 35. Joint Congressional Oversight Committee on the Enhanced Basic10

Education Program. The Joint Congressional Oversight Committee created under11

Section 13 of the Act shall be composed of five (5) members each from the Senate and12

from the House, including Chairs of the Committees on Education, Arts and Culture,13

and Finance of both Houses. The membership of the Committee for every House shall14

have at least two (2) opposition or minority members.15

16

RULE IX. MANDATORY EVALUATION AND REVIEW1718

Section 36. Mandatory Evaluation and Review. By the end of School Year 2014-19

2015, the DepEd shall conduct a mandatory review and submit a midterm report to20

Congress as to the status of implementation of the Enhanced Basic Education21

Program in terms of closing the following current shortages: (a) teachers; (b)22

classrooms; (c) textbooks; (d) seats; (e) toilets; (f) other shortages that should be23

addressed.24

25

 The DepEd shall include among others, in this midterm report, the following26

key metrics of access to and quality of basic education: (a) participation rate; (b)27

retention rate; (c) National Achievement Test results; (d) completion rate; (e) teachers’ 28

welfare and training profiles; (f) adequacy of funding requirements; and (g) other29learning facilities including, but not limited to, computer and science laboratories,30

libraries and library hubs; and sports, music and arts.31

32

RULE X. COMMITMENT TO INTERNATIONAL BENCHMARKS33

34

Section 37. Commitment to International Benchmarks. The DepEd shall endeavor35

to increase the per capita spending on education towards the immediate attainment of 36

international benchmarks. Towards this end, DepEd shall seek to:37

38

a)  engage local government units to efficiently use the special education fund and39

other funds to advance and promote basic education;40

41b)  implement programs that will enhance private sector participation and42

partnership in basic education; and43

44

c)  propose an annual budget allocation in accordance with these goals. DepEd45

shall further develop a multi-year spending plan to ensure that the UNESCO-46

prescribed standards on education spending are attained.47

48

RULE XI. FINAL PROVISIONS49

50

Section 38. Appropriations. Pursuant to Section 11 of the Act, the initial funding for51

the operationalization of the Enhanced Basic Education Program shall be charged52

against the current appropriations of the DepEd. Thereafter, such sums which shall53be necessary for the continued implementation of the Enhanced Basic Education54

Program shall be included in the annual General Appropriations Act.  55

56

Section 39. Implementing Details. The DepEd, CHED and TESDA may issue such57

policies as may be necessary to further implement this IRR.58

59

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Section 4O. Amendment. As the need arises, amendment to this IRR may be jointly 1

promulgated by the DepEd Secretary, CHED Chairperson, and TESDA Director-2

General.3

4

Section 41. Separability Clause. Should any provision of this IRR be subsequently 5

declared invalid or unconstitutional, the same shall not affect the validity and6

effectivity of the other provisions.7

8

Section 43. Repealing Clause. Pursuant to Section 18 of the Act, rules and9

regulations implementing the pertinent provisions of  Batas Pambansa Bilang 232  or10

the Education Act of 1982 , Republic Act No. 9155 or the Governance of Basic Education 11

Act of 2011, Republic Act No. 9258, Republic Act No. 7836, and all other laws,12

decrees, executive orders and rules and regulations, contrary to or inconsistent with13

the provisions of the Act are deemed repealed or modified accordingly.14

15

Section 44. Effectivity Clause. These Rules shall take effect fifteen (15) days after its16

publication in the Official Gazette or in two (2) newspapers of general circulation.1718

 This IRR shall be registered with the Office of the National Administrative19

Register at the University of the Philippines Law Center, UP Diliman, Quezon City.20


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