CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session SENATE S. No. 1981 (In substitution of Senate Bill Nos. 128, 309, 364, 422, 1073, 1710, 1841, 1848, and 1895 taking into consideration House Bill No. 4744, and the privilege speech of Senator Win Gatchalian on the "Expanded Government Assistance to Students and Teachers in Private Education Act") PREPARED AND SUBMITTED JOINTLY BY THE COMMITTEES ON BASIC EDUCATION; WAYS AND MEANS; AND FINANCE WITH SENATORS AQUINO. LEGARDA, GATCHALIAN, CAYETANO (A.). ESTRADA, VILLAR (M.), PANGILINAN, VILLANUEVA, TULFO (R.). PADILLA, AND EJERCITO AS AUTHORS THEREOF AN ACT ESTABLISHING THE PRIVATE BASIC EDUCATION VOUCHER PROGRAM AND APPROPRIATING FUNDS THEREFOR. REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6728 OR THE "GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION". AS AMENDED Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be known as
2 the "Basic Education Voucher Program Act".
SEC. 2. Declaration of Policy. - The State shall protect
2 and promote the right of all citizens to quality education and take appropriate steps to make education accessible to 4 all. The State shall establish and maintain a system of 5 scholarship grants, subsidies, and other incentives for 6 deserving students in both public and private basic 7 educational institutions, especially to the underprivileged. The State also recognizes that addressing the 9 classroom backlog and congestion of public schools requires a strategic, systematic, and equitable approach. Given this, the Basic Education Voucher Program shall form part of a 12 broader national strategy to address classroom shortage, including classroom construction, major repair and rehabilitation, public-private partnerships (PPPs), local government unit (LGU)-led construction and counter- parting, voucher programs, and "Adopt-a-School" programs, to ensure that all classrooms nationwide are conducive to learning.
The State likewise affirms that student-based assistance programs, including vouchers, subsidies, service 3 contracting arrangements, and similar instruments, while 4 utilized to address public school congestion, shall also 5 serve as strategic mechanisms to expand access, 6 strengthen student choice, improve learning outcomes, and 7 promote the efficient and cost-effective use of public 8 resources, consistent with the constitutional principle of 9 complementarity between public and private educational 10 institutions. In this regard. the State recognizes the complementary roles and valuable contributions of private basic educational institutions and shall provide appropriate mechanisms to support and enhance their quality, without diminishing their primary duty to ensure free and quality basic education for all Filipino students.
SEC. 3. Definition of Terms. - As used in this Act:
(a) Absorptive capacity refers to the ability of a private school to sufficiently absorb transferees from public
schools, based on standards determined by the Department 2 of Education (DepEd); (b) Congestion refers to a state where student 4 enrollment exceeds classroom capacity based on the 5 DepEd's standards for student-to-classroom ratios; (c) Disadvantaged students refer to students who face systemic barriers to basic education due to socio-economic status, background, disability, personal circumstances, or other vulnerabilities, including: (1) Students with disabilities mandated to receive access to inclusive education services under Republic Act No. 11650 or the "Inclusive Education Act"; (2) Indigenous peoples, pursuant to Republic Act No. 8371 or the "Indigenous Peoples' Rights Act": (3) Students under foster care or alternative child care pursuant to Republic Act No. 10165 or the "Foster Care Act":
(4) Children at risk and children in conflict with the 2 law pursuant to Republic Act No. 9344 or the "Juvenile 3 Justice and Welfare Act", as amended; (5) Students from 4Ps households, pursuant to 5 Republic Act No. 11310 or the "Pantawid Pamilyang 6 Pilipino Program Act": (6) Students from Geographically Isolated and 8 Disadvantaged Areas (GIDA); and (7) Other vulnerable sectors as may be identified by 10 the DepEd, in consultation with relevant agencies. (d) Geographically Isolated and Disadvantaged 12 Areas refer to areas or communities situated in remote or 13 marginalized locations. with limited access to essential services and infrastructure, and may include areas 15 impacted by conflict or insecurity: (e) Income classification refers to the categorization of a student's household based on socio-economic status. using the most recent available data from the official 19 poverty assessment system adopted by the national
government, or other verifiable proof of income as may be 2 determined by the DepEd: and (f) Near congestion refers to a state where student 4 enrollment has reached classroom capacity based on the 5 DepEd's standards for student-to-classroom ratios.
SEC. 4. Coverage. - This Act shall cover all
government-recognized private basic educational institutions that receive government assistance in the form 9 of vouchers for qualified students, and subsidies for qualified teachers. This covers all the years of basic education. The programs of assistance for students under this 13 Act shall be extended only to citizens of the Philippines.
SEC. 5. Basic Education Voucher Program. - Under
the Basic Education Voucher Program, hereinafter referred to as the "Program". students enrolled in recognized private basic educational institutions charging school fees shall be provided by the government with vouchers in such amount as deemed sufficient to ensure reasonable access to
1 private basic education: Provided, That the amount shall 2 be determined by the DepEd based on commissioned 3 research, and reviewed at least every three (3) years to 4 account for inflation and other factors: Provided, further, 5 That the amount shall not be less than what the DepEd 6 currently provides: Provided, furthermore, That 7 disadvantaged students from low-income households may 8 receive a higher voucher amount as determined by the 9 DepEd: Provided, finally, That the government shall 10 disburse payment to the schools concerned within sixty (60) days from the submission of complete documents to 12 the DepEd. Schools participating in the Program shall be subject 14 to DepEd guidelines on tuition and other school fees. Schools shall maintain a separate record of accounts for any tuition increase and all assistance received from the 17 government, including the detailed disposition and use 18 thereof. Such record shall be made available for periodic 19 inspection by the faculty, the non-teaching personnel.
students of the school concerned, and relevant government 2 agencies.
SEC. 6. Criteria for Voucher Assistance. - The
4 provision of voucher assistance under this Aet shall be 5 guided by the following criteria, among others: (a) For Students and Automatic Voucher Recipients. - 7 The voucher assistance shall be provided to students who attended public schools identified by the DepEd as 9 congested or near congested, with priority given to disadvantaged students and those belonging to low-income households based on the income classification as defined under Section 3(e) of this Act. Kindergarten and Grade 1 students living in areas where public schools have been identified by the DepEd as congested or near congested shall likewise be eligible for voucher assistance, subject to the same prioritization based on household income or disadvantaged status.
Alternative Learning System (ALS) completers 2 seeking to enroll in formal basic education shall be 3 considered automatic voucher recipients. Disadvantaged students residing in GIDAs without 5 public schools shall also be considered automatic voucher recipients. (b) For Schools. - The participating private basic educational institutions shall receive assistance based on 9 Quality Assurance under Section 8 of this Act, and with due regard to their geographic distribution, student enrollment, and absorptive capacity. Private schools shall undergo the process of recognition and periodic assessment to participate in the Program.
SEC. 7. Empowering Student Choice. - The DepEd
shall create a publicly accessible and online system that allows qualified beneficiaries to select their preferred 18 private schools from a registry of participating recognized
schools, and to transfer with ease and within reasonable 2 time prior to the start of the school year. The registry of participating recognized private basic 4 educational institutions shall include detailed information, 5 such as location, number of available slots, number of 6 students per classroom and grade level, extra-curricular 7 programs, current tuition fees, top-up required in cases 8 where the voucher amount is less than the tuition fee. and other information that allows qualified beneficiaries to make an informed choice of schools. Participating schools shall also be required to prominently display within their premises the information in the registry relevant to school selection.
SEC. 8. Quality Assurance. - The DepEd shall
15 establish, operate, and maintain a system and mechanism for monitoring school performance anchored on measurable student outcomes. It shall utilize appropriate indicators. 18 including literacy and numeracy rates, national and 19 international assessment scores, and tracer systems
developed and maintained by the schools to track the 2 education, career, or employment paths of their graduates. To this end, participating private basic educational 4 institutions shall administer, as applicable, all national 5 assessment examinations prescribed by the DepEd, 6 including the National Achievement Test (NAT), 7 Comprehensive Rapid Literacy Assessment (CRLA), Rapid 8 Math Assessment (RMA), and the Philippine Informal Reading Inventory (Phil-IRI), and make the results thereof available to voucher beneficiaries through the online system established under Section 7. To ensure public accountability, the DepEd shall regularly publish school performance data of all participating private schools. Such data shall include the aggregated scores of students in national examinations and such other relevant measures of quality education delivery: 17 Provided, That learning outcomes of voucher beneficiaries. 18 including their academic performance, pathways, as well
as retention and completion rates shall be tracked 2 separately.
SEC. 9. Other Forms of Assistance. - The forms of
4 assistance to teachers in the participating recognized 5 private basic educational institutions may include: (a) In-service Training (INSET). - The DepEd may 7 propose an allocation, in its annual budget, to support 8 training programs for the upgrading of knowledge and 9 teaching competencies in critical subject areas and for the 10 modernization of teaching techniques and strategies. 11 including training on the use of computers and other multi- 12 media educational technologies to assist instruction: 13 Provided, That the amount available to private basic 14 education shall not exceed the amount available to public 15 basic education on a per capita basis: Provided, further, 16 That the training programs shall be approved by the 17 DepEd: Provided, furthermore, That the INSET allocation 18 shall be available only to qualified licensed teachers in
1 participating private basic educational institutions as 2 determined by the DepEd. (b) Salary Subsidy. - The DepEd may propose an 4 allocation, in its annual budget, for government subsidy to 5 teachers in recognized private basic educational 6 institutions participating in the programs of assistance 7 under this Act. The subsidy shall be subject to the 8 following conditions: (1) Only teachers duly licensed by the Professional 10 Regulation Commission shall be qualified to receive the subsidy: (2) The DepEd shall determine, review, and update the subsidy amount at least once every three (3) years. It shall not be greater than eighty percent (80%) of the salary of their public school counterparts. and shall not exceed the amount of any monthly salary increase granted to teachers in public high schools after the effectivity of this 18 Act:
(3) The government shall disburse payment within 2 thirty (30) days after the close of the school year upon submission to the DepEd of proof of complete documents, 4 including qualification and actual teaching service; (4) The present allocation out of increases from tuition and other income shall be maintained: (5) The teachers' salary subsidy shall be excluded from gross income in accordance with Section 32(B)(7)(e) of 9 Republic Act No. 8424 or the "National Internal Revenue Code of 1997", as amended; and (6) The teachers' salary subsidy shall not be used to diminish, offset, or substitute existing wage obligations, 13 including benefits negotiated under Collective Bargaining Agreements. (c) Scholarships for qualified private basic education teachers enrolled in quality graduate programs pursuant to Section 18 of Republic Act No. 11713 or the "Excellence 18 in Teacher Education Act":
Provided, That teachers shall have the right to be informed 2 of the assistance extended to them and to participate in the monitoring and verification of the various assistance under 4 this Act.
SEC. 10. National School Congestion Mapping,
6 Strategic Allocation Framework, and Public Transparency. - 7 Within one (1) year from the effectivity of this Act, the 8 DepEd shall conduct, publish, and regularly update. 9 through an online portal, a nationwide mapping of classroom congestion, which shall identify and indicate: (a) Schools operating on multiple shifts: (b) Schools that exceed the DepEd's classroom-to- student ratios for Kindergarten to Grade 3. Grades 4 to 6. and Grades 7 to 12; (c) Congested and isolated public schools, with no nearby private schools that could help decongest the school 17 through the Program: (d) Schools with severe gaps in resources and 19 facilities that are located in GIDAs; and
(e) Areas with government housing projects without or with insufficient school facilities. Based on the mapping, the DepEd shall develop, 4 publish, and annually update a decongestion framework to guide the prioritization of schools under this Act and other 6 related interventions. The portal shall promote transparency, accountability, coordination, and serve as a platform through which the private sector, LGUs, and civil society organizations may monitor and support classroom decongestion initiatives, including through the Adopt-a- School program, consistent with Republic Act No. 8525. SEC. 11. Program Administration and Implementation. - The DepEd shall be responsible for 15 policy guidance and direction, monitoring and evaluation of new and existing programs, promulgation of the rules and 17 regulations, day-to-day administration. and implementation of programs providing assistance to 19 private basic educational institutions.
The DepEd may also engage the support services of 2 any relevant government or qualified private entity to 3 assist in the implementation of the Program under this 4 Act: Provided, That the engagement of private entities 5 under this section shall be subject to procurement laws and 6 regulations, and such private entities shall be subject to the power and authority of the Commission on Audit with 8 respect to the use of public funds received pursuant to this 9 Act. In the administration of this Act, the DepEd shall: (a) Formulate and implement a unified investment plan that indicates complementary targets for voucher slots, classroom construction, repairs, and PPPs to effectively address public school congestion; (b) Regularly conduct or commission studies to assess the efficacy and efficiency of the Program to inform refinements in targeting, subsidy amounts. and student support; and
(c) Formulate and implement a typology or 2 classification system for private basic educational 3 institutions based on quantitative and qualitative 4 standards, including student enrollment size and students 5 served, such as ALS passers, students with disabilities, 6 among others.
SEC. 12. Periodic Review. - Within three (3) years
8 from the effectivity of this Act, and every three (3) years 9 thereafter. the DepEd, in coordination with the 10 Department of Economy, Planning and Development (DEPDev), the Department of Budget and Management (DBM), and other relevant agencies, shall conduct a comprehensive review of the implementation and impact of the Basic Education Voucher Program. The review shall assess, among others, the Program's: (a) Effectiveness in addressing congestion in public schools;
(b) Effectiveness in enhancing the learning outcomes 2 of its beneficiaries, particularly those from low-income 3 households and other disadvantaged circumstances; (c) Impact on access to quality basic education, 5 particularly for disadvantaged students and those from 6 low-income households; (d) Contribution to strengthening complementarity between public and private educational institutions: (e) Promotion of informed choices for qualified beneficiaries; and (f) Cost-effectiveness and sustainability. The DepEd shall submit the results of the review to Congress and implement adjustments to program 14 targeting, prioritization criteria, voucher amounts, and other design features consistent with the objectives of this Act. SEC. 13. Institutionalization of Anti-Fraud Mechanisms. - The DepEd shall adopt and implement robust anti-fraud safeguards. including:
(a) Centralized verification system for student 2 eligibility and participating school compliance: (b) Enhanced audit and monitoring protocols, 4 including periodic field validations and inspections; (c) Whistleblower protection mechanisms to 6 encourage reporting of irregularities; and (d) Long-term data sharing agreements with other 8 government agencies for cross-validation and fraud 9 prevention, among others. These measures shall be reviewed and updated regularly to ensure the continued integrity and effectiveness of the Program.
SEC. 14. Prohibited Acts. - The following shall be
14 prohibited: (a) Denial of Students' Rights. - No participating private basic educational institution shall deny. withhold, suspend, or otherwise restrict a student's enrollment, 18 continued attendance. examinations, academic credits, 19 graduation, release of report cards, transfer credentials.
1 diplomas, certificates, or any other essential scholastic 2 record or school-related activity necessary for the 3 completion of basic education, by reason of delayed, partial, 4 or non-reimbursement of voucher payments by the 5 government. Provided, however, That in cases where the government has failed to reimburse, or has only partially 8 reimbursed, voucher payments due a participating private school for a given school year, such school shall have the 10 right to discontinue its participation in the Program in the 11 immediately succeeding school year, upon due notice to the 12 DepEd, affected students, and parents or guardians, without prejudice to the completion of obligations for the current school year. (b) Fraud and Misrepresentation. - It shall be unlawful for any participating school, personnel, or 17 individual to commit fraud or misrepresentation in relation 18 to the Program. including but not limited to:
(1) Reporting fictitious students, or claiming voucher assistance for students who are not actually enrolled, 3 attending classes, or entitled to benefits under this Act; 4 - (2) Submitting fraudulent claims or documents to 5 obtain or increase voucher payments; and (3) Engaging in any scheme intended to improperly obtain, retain, or benefit from voucher assistance under this Act. Any public officer or employee who, in collusion with any participating school, its officers or personnel, or any 11 individual, commits any of the foregoing acts shall be subject to the same penalties prescribed for participating 13 schools and their responsible officers under this Act, without prejudice to prosecution and the imposition of additional penalties under Republic Act No. 3019 or the "Anti-Graft and Corrupt Practices Act".
SEC. 15. Administrative Liability. - After due notice
and hearing, the DepEd shall bar any private basic educational institution that willfully fails or refuses to
1 comply with the provisions of this Act from participating in 2 or benefitting from the Program and other programs of the 3 DepEd.
SEC. 16. Criminal Liability. - Any violation of this
5 Act shall be punished with a fine of not less than One 6 hundred thousand pesos (P100,000) but not more than Five 7 hundred thousand pesos (P500,000), or imprisonment of 8 not less than three (3) months but not more than two (2) 9 years, or both, at the discretion of the court. If the offense 10 is committed by a corporation, trust, firm, partnership. association, or other entity, the penalty shall be imposed 12 upon the guilty officer or officers of such corporation, trust, firm. partnership, association, or entity.
SEC. 17. Appropriations. - The amount necessary for
the initial implementation of this Act shall be charged against the current year's appropriation of the DepEd. Thereafter, such amount shall be included in the annual General Appropriations Act.
SEC. 18. Transitory Provision. - Upon the effectivity
2 of this Act, recipients of the Educational Service 3 Contracting Scheme under Republic Act No. 6728, as 4 amended, shall become voucher recipients under Section 5 5 herein: Provided, That they meet the criteria under Section 6 6(a): Provided, further, That all forms of assistance for 7 post-secondary education programs under Republic Act 8 No. 6728, as amended, shall be transferred to and 9 managed by the UniFAST Board, as created by Republic 10 Act No. 10687 or the "Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act".
SEC. 19. Implementing Rules and Regulations. -
13 Rules and regulations necessary for the effective 14 enforcement of the provisions of this Act shall be formulated by the DepEd, in consultation with the DEPDev. the DBM. and other concerned stakeholders from the national associations of private basic educational 18 institutions, and shall be implemented within sixty (60) 19 days from the effectivity of this Act.
SEC. 20. Separability Clause. - If any provision of this
2 Act is declared unconstitutional, the remainder hereof not otherwise affected shall remain in full force and effect.
SEC. 21. Repealing Clause. - Republic Act No. 6728,
5 otherwise known as the "Government Assistance to 6 Students and Teachers in Private Education Act", as amended, and all other laws, presidential decrees, 8 executive orders. letters of instruction, proclamations, administrative orders, rules, or regulations that are 10 inconsistent with this Act are hereby repealed, amended, or modified accordingly.
SEC. 22. Effectivity. - Notwithstanding the non-
13 issuance of the implementing rules and regulations, this 14 Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in a newspaper of general circulation. Approved.