Senate Office of the or retarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) FEB 23 P4:17 First Regular Session SENATE RECEIVED BY: 1894 S. No. _ (In substitution of Senate Bill Nos. 26, 130, 169, 503, 514, 1042, 1245,1604 and 1620) Prepared and submitted by the Committee on Higher, Technical and Vocational Education, jointly with the Committee on Finance, with Senators Cayetano (P), Aquino, Go, Escudero, Legarda, Estrada, Hontiveros, Villanueva, and Ejercito, as authors thereof. AN ACT ENHANCING THE UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION ACT, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10931 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 3 of Republic Act No. 10931, otherwise known as the
"Universal Access to Quality Tertiary Education Act," is hereby amended to read as follows: "Section 3. Definition of Terms. - As used in this Act: (a) xxx; (h) Other school fees refer to fees charged by HEIs and technical-vocational institutions which cover other necessary costs supportive of instruction, specifically the following: library fees, computer fees, laboratory fees, school ID fees, athletic fees, admission fees, development fees, guidance fees, handbook fees, entrance fees, registration fees, medical and dental fees, cultural fees, CLINICAL INTERNSHIP AND RELATED
LEARNING EXPERIENCE (RLE) FEES REQUIRED BY NURSING AND OTHER ALLIED HEALTH PROGRAMS, and other similar or related fees; (i) xxx; (V) CLINICAL INTERNSHIP AND RELATED LEARNING EXPERIENCE (RLE) REFERS TO ALL TEACHING- LEARNING ACTIVITIES REQUIRED BY THE CURRICULUM OF NURSING AND OTHER ALLIED HEALTH PROGRAMS, CONDUCTED IN APPROPRIATE LEARNING ENVIRONMENTS, ENABLING STUDENTS TO DEVELOP PROFESSIONAL COMPETENCIES BY APPLYING PROCESSES, KNOWLEDGE, SKILLS, AND ETHICAL STANDARDS IN VARIED HEALTH SITUATIONS, AND WHICH INCUR LEGITIMATE INSTRUCTIONAL COSTS DIRECTLY ATTRIBUTABLE TO ITS CONDUCT; AND (W) LEARNERS FROM DISADVANTAGED BACKGROUNDS REFER TO LEARNERS WHO FACE SYSTEMIC BARRIERS TO ACCESSING OR COMPLETING TERTIARY EDUCATION DUE TO SOCIOECONOMIC STATUS, BACKGROUND, DISABILITY, PERSONAL CIRCUMSTANCES, OR OTHER VULNERABILITIES, INCLUDING BUT NOT LIMITED TO: (I) PERSONS WITH DISABILITIES PURSUANT TO MAGNA CARTA FOR DISABLED PERSONS (R.A. NO. 7277) AND INSTITUTING A POLICY OF INCLUSION AND SERVICES FOR LEARNERS WITH DISABILITIES IN
SUPPORT OF INCLUSIVE EDUCATION ACT (R.A. NO. 11650); (II) INDIGENOUS PEOPLES PURSUANT TO INDIGENOUS PEOPLES' RIGHTS ACT (R.A. NO. 8371); (III) LEARNERS UNDER FOSTER CARE OR ALTERNATIVE CHILD CARE PURSUANT TO FOSTER CARE ACT (R.A. NO. 10165); (IV) CHILDREN AT RISK AND CHILDREN IN CONFLICT WITH THE LAW PURSUANT TO JUVENILE JUSTICE AND WELFARE ACT (R.A. NO. 9344); (V) SOLO PARENTS AND THEIR DEPENDENTS PURSUANT TO THE EXPANDED SOLO PARENTS WELFARE ACT (R.A. NO. 11861); (VI) LEARNERS FROM 4PS HOUSEHOLDS PURSUANT TO THE PANTAWID PAMILYANG PILIPINO PROGRAM ACT (R.A. NO. 11310); (VII) FIRST-GENERATION TERTIARY EDUCATION LEARNERS; (VIII) LEARNERS FROM GEOGRAPHICALLY ISOLATED AND DISADVANTAGED AREAS (GIDA); AND (IX) OTHER VULNERABLE SECTORS AS MAY BE IDENTIFIED BY THE UNIFAST BOARD IN CONSULTATION WITH RELEVANT AGENCIES.
Sec. 2. A new Section 5-A is hereby inserted to read as follows:
SECTION 5-A. EQUITY IN ADMISSION TO SUCS,
LUCS, AND STATE-RUN TVIS. - TO PROMOTE EQUITY IN
ACCESS TO QUALITY TERTIARY EDUCATION, ALL SUCS, LUCS, AND STATE-RUN TVIS SHALL DEVELOP, PUBLICLY DISCLOSE, AND IMPLEMENT AN EQUITY AND INCLUSION PLAN (EIP). EACH EIP SHALL INCLUDE ANNUAL EQUITY ADMISSION TARGETS AND PRESCRIBE CONTEXTUAL ADMISSIONS CRITERIA FOR LEARNERS FROM DISADVANTAGED BACKGROUNDS, AS DEFINED IN
SECTION 3(W) OF THIS ACT.
CHED AND TESDA, IN COORDINATION WITH UNIFAST, SHALL ISSUE IMPLEMENTING GUIDELINES FOR EIPS, WHICH MAY BE DIFFERENTIATED BY INSTITUTION TYPE, PROGRAM, AND GEOGRAPHIC CONTEXT. THESE GUIDELINES SHALL BE REVIEWED AT LEAST EVERY FOUR (4) YEARS, TAKING INTO ACCOUNT ENROLLMENT DATA, EQUITY OUTCOMES, AND INSTITUTIONAL CAPACITY.
Sec. 3. Section 7 of the same Act is hereby amended to read as follows:
"Section 7. TES for Filipino Students. - To support the cost of tertiary education or any part or portion thereof, a TES is hereby established for all Filipino students who shall enroll in undergraduate post-secondary programs of SUCs, LUCs, private HEIs and all TVIs. The TES shall be administered by the UniFAST Board and the amount necessary to fund the TES shall be included in the budgets of the CHED and the TESDA: Provided, That [prioritization shall be given to students in the following order: (a) students who are part of households included in the Listahanan 2.0, ranked according to the estimated per capita household income, and (b) students not part of the Listahanan 2.0, ranked according to-estimated per capita household income based on submitted documentation of proof of income to be determined by the UniFAST Beard: Provided, further, That such prioritization shall not apply to Filipino students in cities and
municipalities with no existing SUC or LUC campus] STUDENTS COMPLETING SECONDARY EDUCATION WHO COME FROM HOUSEHOLDS UNDER THE PANTAWID PAMILYANG PILIPINO PROGRAM (4PS), AS CERTIFIED BY THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), SHALL AUTOMATICALLY QUALIFY AS TES BENEFICIARIES UPON ADMISSION IN ANY CHED-RECOGNIZED HIGHER EDUCATION INSTITUTION OR TESDA-RECOGNIZED TECHNICAL- VOCATIONAL INSTITUTION: PROVIDED, FURTHER, THAT SUBJECT TO AVAILABLE FUNDS, THE REMAINING TES GRANTS SHALL BE AWARDED TO APPLICANTS BASED ON THE RANKING OF THEIR HOUSEHOLD PER CAPITA INCOME, USING THE MOST RECENT AVAILABLE DATA FROM THE OFFICIAL POVERTY ASSESSMENT SYSTEM ADOPTED BY THE NATIONAL GOVERNMENT, OR OTHER VERIFIABLE DOCUMENTARY PROOF OF INCOME AS MAY BE DETERMINED BY THE UNIFAST BOARD; The TES may, among others, and to support the cost of tertiary education or any part or portion thereof, cover the following: (a) Tuition and other school fees in private HEIs [,] and private [or LGU operated] TVIs, which shall [be equivalent to the tuition and other school fees of the nearest SUC or state run TVI in their respective areas] NOT EXCEED THE NATIONAL AVERAGE ANNUAL GOVERNMENT EXPENDITURE PER STUDENT IN SUCS, LUCS, AND STATE-RUN TVIS, AS COMPUTED BY THE UNIFAST BOARD, AND DISAGGREGATED BY PROGRAM CLUSTER WHERE APPROPRIATE;
(b) An allowance for books, supplies, transportation, and miscellaneous personal expenses, including a reasonable allowance for the documented rental or purchase of a personal computer or laptop, and other education- related expenses; (c) An allowance for room and board costs incurred by the student; (d) For a student with a disability, an allowance for expenses related to the student's disability, including special services, personal assistance, transportation, equipment, and supplies that are reasonably incurred; [and] (e) FOR A STUDENT ENROLLED IN NURSING OR OTHER ALLIED HEALTH PROGRAMS IN ANY CHED-RECOGNIZED PRIVATE HEI, AN ALLOWANCE FOR CLINICAL INTERNSHIP AND RELATED LEARNING EXPERIENCE (RLE) FEES; (F) FOR LEARNERS FROM DISADVANTAGED BACKGROUNDS AS DEFINED IN SECTION 3(W), ADDITIONAL ALLOWANCES TO ADDRESS DOCUMENTED BARRIERS SPECIFIC TO THEIR CIRCUMSTANCES; AND (G) For a student in a program requiring professional license or certification, the one (1)-time cost of obtaining the first professional credentials or qualifications, which may include the following: application fees, notarial fees, review classes fees, insurance premium fees and documentation fees: Provided, That the amount of subsidy shall be based on the guidelines set forth by the UniFAST Board and on the annual budgetary appropriation for this purpose.
QUALIFIED BENEFICIARIES WHO ARE GRANTED TES SHALL CONTINUE TO RECEIVE TES FOR THE REMAINING PRESCRIBED DURATION OF THEIR PROGRAM, WITH AN EXTENSION OF UP TO ONE (1) ADDITIONAL YEAR ONLY: PROVIDED, THAT THE BENEFICIARIES REMAIN COMPLIANT WITH THE ELIGIBILITY REQUIREMENTS SET FORTH IN THIS ACT.
Sec. 4. A new Section 7-A is hereby inserted to read as follows:
"SECTION 7-A. DETERMINATION OF TES AMOUNTS AND PERIODIC REVIEW. - IN DETERMINING THE APPROPRIATE AMOUNTS OF TES GRANTS UNDER
SECTION 7 HEREOF, THE UNIFAST BOARD SHALL BE
GUIDED BY THE FOLLOWING: (A) FOR STUDENTS IN SUCS, LUCS, AND STATE-RUN TVIS, TES MAY COVER ALL SUBSIDIES AND ALLOWANCES EXCEPT TUITION AND OTHER SCHOOL FEES, WHICH ARE ALREADY FREE UNDER THIS ACT; (B) FOR STUDENTS IN PRIVATE HEIS AND PRIVATE TVIS, TES MAY COVER ALL SUBSIDIES AND ALLOWANCES, INCLUDING TUITION AND OTHER SCHOOL FEES; (C) ONCE AWARDED, THE TES AMOUNT GRANTED TO A QUALIFIED BENEFICIARY SHALL NOT BE REDUCED; AND (D) HIGHER TES AMOUNTS MAY BE PROVIDED FOR STUDENTS ENROLLED IN PRIORITY PROGRAMS JOINTLY IDENTIFIED BY CHED, TESDA, AND THE DEPARTMENT OF ECONOMY, PLANNING AND DEVELOPMENT (DEPDEV). THE UNIFAST BOARD SHALL REVIEW AND ADJUST TES AMOUNTS EVERY TWO (2) YEARS, IN CONSULTATION
WITH CHED, TESDA, AND THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM), TO ACCOUNT FOR INFLATION AND CHANGES IN EDUCATION COSTS.
Sec. 5. A new Section 7-B is hereby inserted to read as follows:
"SECTION 7-B. IMPLEMENTATION, MONITORING, AND QUALITY ASSURANCE OF THE TES. - THE UNIFAST BOARD SHALL: (A) ESTABLISH AND IMPLEMENT A MONITORING AND VALIDATION SYSTEM TO ENSURE THAT TES GRANTS ARE RECEIVED BY QUALIFIED BENEFICIARIES IN ACCORDANCE WITH SECTION 7 HEREOF, AND IMPOSE APPROPRIATE SANCTIONS ON INSTITUTIONS FOR MISAPPROPRIATION OF TES FUNDS; (B) IN COORDINATION WITH DEPARTMENT OF EDUCATION (DEPED), CHED, TESDA, DSWD, AND THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT), ADOPT AND IMPLEMENT A SINGLE LEARNER REFERENCE CODE SYSTEM FROM SECONDARY THROUGH TERTIARY EDUCATION TO ENABLE EARLY IDENTIFICATION OF LEARNERS FROM 4PS HOUSEHOLDS AND DISADVANTAGED BACKGROUNDS, AS WELL AS PROPER AND REGULAR TARGETING, TRACKING, AND MONITORING OF ALL TES BENEFICIARIES; (C) IN COORDINATION WITH DEPED, DSWD, AND OTHER RELEVANT GOVERNMENT AGENCIES, ESTABLISH AN INFORMATION AND OUTREACH SYSTEM THAT PROACTIVELY NOTIFIES SECONDARY EDUCATION LEARNERS FROM 4PS HOUSEHOLDS OF THEIR AUTOMATIC TES
ELIGIBILITY, INFORMS LEARNERS FROM DISADVANTAGED BACKGROUNDS OF AVAILABLE TES SUPPORT, AND PROVIDES GUIDANCE TO ALL SECONDARY EDUCATION LEARNERS ON TERTIARY EDUCATION OPTIONS, CAREER PATHWAYS, AND PRIORITY PROGRAMS, CONSISTENT WITH THE PROVISIONS OF REPUBLIC ACT NO. 11206, OR THE SECONDARY SCHOOL CAREER GUIDANCE AND COUNSELING ACT; (D) IN CONSULTATION WITH THE DBM, ANTI-RED TAPE AUTHORITY (ARTA), AND COMMISSION ON AUDIT (COA), DEVELOP AND IMPLEMENT AN EFFICIENT AND STREAMLINED DISBURSEMENT MECHANISM, INCLUDING THE PROVISION OF REASONABLE ADMINISTRATIVE SUPPORT COSTS TO EDUCATIONAL INSTITUTIONS, TO ENSURE THAT TES BENEFICIARIES RECEIVE THEIR GRANTS WITHOUT UNDUE DELAY AND IN TIME TO COVER THE EXPENSES FOR WHICH THE SUBSIDIES ARE INTENDED; (E) REGULARLY MONITOR AND EVALUATE THE ACADEMIC PROGRESS AND RETENTION RATES OF TES GRANTEES, AND DEVELOP AND IMPLEMENT LEARNER SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO CAREER COUNSELING, BRIDGING, AND REMEDIATION PROGRAMS, AS WELL AS OTHER INTERVENTIONS THAT MAY ASSIST LEARNERS IN SUCCESSFULLY COMPLETING THEIR PROGRAMS; (F) CONDUCT OR COMMISSION REGULAR IMPACT EVALUATION STUDIES TO ASSESS THE
EFFECTIVENESS AND EFFICIENCY OF THE TES PROGRAM IN ACHIEVING ITS OBJECTIVES, AT LEAST EVERY FOUR (4) YEARS; AND (G) IN COORDINATION WITH CHED AND TESDA, ESTABLISH AND IMPLEMENT A QUALITY ASSURANCE PROCESS FOR ALL HEIS AND TVIS ENROLLING TES GRANTEES, WHICH SHALL INCLUDE: OF (1) PERIODIC ASSESSMENTS INSTITUTIONAL PERFORMANCE AND PROGRAM QUALITY, WITH FOCUS ON ACADEMIC STANDARDS, GRADUATE OUTCOMES, EMPLOYMENT RATES, AND COMPLIANCE WITH CHED AND TESDA POLICIES AND GUIDELINES; AND (2) THE IMPOSITION OF SANCTIONS, FOR INSTITUTIONS THAT FAIL TO MEET MINIMUM QUALITY STANDARDS, INCLUDING DISQUALIFICATION FROM ENROLLING NEW TES GRANTEES, UNTIL SUCH TIME AS COMPLIANCE IS DULY CERTIFIED BY CHED OR TESDA, AS APPLICABLE.
Sec. 6. Section 14 of the same Act is hereby amended to read as follows:
"Section 14. Reporting Requirements. - All SUCs, LUCS and state-run TVIs shall submit to the CHED and the TESDA respectively, within five (5) days after the last day of late registration for each semester, a report detailing the names of students eligible for the free tuition and other school fees in their institutions. CHED, TESDA, AND UNIFAST SHALL JOINTLY SUBMIT AN ANNUAL REPORT ON THE IMPLEMENTATION
OF THIS ACT TO THE SENATE AND THE HOUSE OF REPRESENTATIVES, THROUGH THE CHAIRPERSON OF THE SENATE COMMITTEE ON HIGHER, TECHNICAL, AND VOCATIONAL EDUCATION AND THE CHAIRPERSON OF THE HOUSE COMMITTEE ON HIGHER AND TECHNICAL EDUCATION, NOT LATER THAN AUGUST 1 OF EACH YEAR. THE REPORT SHALL INCLUDE, BUT NOT LIMITED TO: (A) THE NUMBER OF BENEFICIARIES OF THE FREE HIGHER EDUCATION AND TES PROGRAM, THE AMOUNTS UTILIZED FOR EACH PROGRAM, AND THE AVERAGE SUBSIDY PER STUDENT, DISAGGREGATED BY INSTITUTION TYPE, PROGRAM, AND BENEFICIARY INCOME CLASSIFICATION; (B) TES GRANT AMOUNTS BY PROGRAM CLUSTER, INCLUDING PRIORITY PROGRAMS IDENTIFIED UNDER SECTION 7-A OF THIS ACT; (C) LEARNER RETENTION AND COMPLETION RATES; (D) EMPLOYMENT OUTCOMES AND GRADUATE TRACER STUDY RESULTS, WHERE AVAILABLE; (E) BUDGET ALLOCATION, UTILIZATION, AND PROJECTED FUNDING REQUIREMENTS BASED ON ENROLLMENT TRENDS AND PROGRAM COSTS; (F) RECOMMENDATIONS FOR POLICY OR PROGRAM IMPROVEMENT; AND (G) OTHER RELEVANT DATA ON THE IMPLEMENTATION OF THIS ACT."
Sec. 7. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the UniFAST Board, in coordination with CHED, TESDA, DepEd, DSWD, DBM, and other relevant stakeholders, shall promulgate the revised implementing rules and regulations necessary to ensure the effective and efficient
implementation of this Act: Provided, That the failure of the UniFAST Board to promulgate the said rules and regulations within the prescribed period shall not prevent or delay the effectivity and implementation of this Act.
Sec. 8. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.
Sec. 9. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation inconsistent with the provisions of this 9 Act is hereby repealed or modified accordingly.
Sec. 10. Effectivity. - This Act shall take effect after fifteen (15) days following
its complete publication in the Official Gazette or a newspaper of general circulation. Approved,