Public Schools of the Future in Technology (Psoft) Act

DANG Ple nottie of tie more TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -5 P2:14 SENATE RECEIVED BY: S. No. - Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING THE PUBLIC SCHOOLS OF THE FUTURE IN TECHNOLOGY AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The public school system of the country has been historically plagued with numerous challenges. Various interventions have been undertaken over the years but there always remains a big gap between the mission and objectives of the government and the actual situation of the public education system. According to the study of Childhope Philippines, "The Current Education Issues in the Philippines - and How Childhope Rises to the Challenge" published on August 25, 2021, "the Philippines doesn't invest on topnotch learning as compared to its neighbor countries. In fact, many public schools lack computers and other tools despite the digital age. Further, a shortfall in the number of public school teachers is also one of the top issues in the country due to their being among the lowest-paid state workers." The latest available records of the Department of Education (DepEd) shows that during the school year 2020-2021, there are 39,193 public elementary schools, 9,694 junior high schools, and 7,260 senior high schools in the entire country.

DepEd Databits' issued on January 2022 highlighted the following data related to the Functional Computers and Internet Connectivity of public schools: • More than eighty percent (80%) of public schools in all levels of basic education have functional computers • 31,999 or 81.6% of elementary schools o 8,183 or 84.1% of junior high schools • 5,914 or 81.5% of senior high schools • The total number of computers provided by the DepEd in public schools is 1,828,196. These computer units are used for both academic and administrative purposes. Computers for academic use refer to those utilized in the classroom or laboratory as an aid to instruction. On the other hand, computers for administrative use are those used for encoding administrative data of the school. • Most of the computer units given to schools are tablets. • Others are desktops, desktop virtual terminals, and notebooks or netbooks. • As to the ratio of learners to computers, it is 1:19 is for elementary school where the total enrollment provided with computers is 10,914,758; 1:9 for junior high school where the total enrollment provided with computers is 717,804; and 1:3 for senior high school where the total enrollment provided with computers is 1,768,449, all recorded in the database for school year 2020-2021. • The number of computer units provided in elementary school is 598,332; 720,489 for junior high school; and 509,375 for senior high school. • The percentage of public schools that have access to internet are 64.2% representing 25,150 elementary schools; 72.2% representing 6,996 junior high schools; and 67.3% representing 4,888 senior high schools. • Less learners share a computer as the level of education goes higher. Region IV-A has the lowest ratio among all schools in all levels which means that there are fewer learners in the region who are sharing a computer with other learners. 1 DepEd Databits - Functional Computers and Internet Connectivity

• When it comes to access to internet, the National Capital Region has the highest percentage of elementary and junior high schools that are connected to the internet and Region III has the highest percentage for senior high school. • From 2016 to 2020, the number of schools with functional computers showed a consistent increase for five (5) years except for elementary schools. While the number of junior and senior high schools are constantly increasing, the number of elementary schools only increased from 2016 to 2019, and then decreased the following year. • Only the number of elementary schools has an increasing trend for five (5) consecutive years. The number of junior and senior high schools increased from 2016 to 2018, dropped in 2019, and then increased again in 2000. In relation to these data, the action steps of the DepEd are the following: • DepEd continues to provide computer packages and other ICT equipment to schools through the DepEd Computerization Program. DepEd is also connecting more schools to the internet and is bringing more teachers online. • These interventions will help ensure that the learners' capability will be enhanced and the agency's agenda of promoting ICT-assisted learning and improving learners' competence in ICT will be achieved. It should be acknowledged that concerned government agencies, particularly DepEd, constantly endeavors to fulfill its mandate of providing quality and accessible education for all. However, a comprehensive legal framework that will support the entire systems and structure, as well as the budgetary requirements of such mandate, is essential. There is a need to complement the existing efforts of the DepEd by capacitating the educators and learners to maximize the use of the gadgets and connectivity that is provided to them, and enabling them to transform hardwares and softwares to usable, practical and beneficial tools for their education and development.

The "Public Schools of the Future in Technology (PSOFT) Act" seeks to, among others, harness technological innovations, approaches, and instruments in the teaching and learning processes that will enhance the performance of students and teachers as well as create a system that will promote and regulate the use of digital technology in public education. To achieve this, the bill proposes to establish an Inter-agency Task Force to craft and implement the road map for the PSOFT, institutionalize a program for the integration of digital technology and innovation in public basic education through the PSOFT Road Map, and provide a public-private partnership (PPP) mechanism to facilitate the attainment of the objectives of the PSOFT Road Map. In view of the foregoing, the immediate approval of this measure is earnestly sought. SMOOT EERCITO ESTRADA

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -5 P2:14 SENATE RECEIVED BY S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING THE PUBLIC SCHOOLS OF THE FUTURE IN TECHNOLOGY AND APPROPRIATING FUNDS THEREFOR 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 the "Public Schools of the

2 Future in Technology (PSOFT) Act". ARTICLE I POLICIES AND OBJECTIVES

Sec. 2. Declaration of Policy. - Cognizant of the necessity of adopting

innovative technologies to attain development in more positive and transformative 7 ways, the State shall: a) Uphold the constitutional mandate to accords the highest priority to quality education by providing appropriate mechanisms and resources to ensure the enjoyment of quality education and services by all Filipino students, regardless of social and economic status; b) Harness technological innovations, approaches, and instruments in the teaching and learning processes that would enhance the performance of students and teachers; c) Provide all learners with the opportunity to enhance individual capabilities and knowledge through information and communications technology (ICT);

d) Create a system that shall promote and regulate the use of digital technology in public education; e) Enhance the learning experience of students by providing them access to digitized copies of necessary reference materials and digital and online content through the use of ICT and other related technologies for the advancement of education in the country; t) Provide an accessible complementary mode of learning to allow students to continue their education during national health emergencies; g) Encourage the wider participation of private groups, local government units (LGUs) and community-based organizations in content generation and the utilization of the broader sphere of science and technology; and h) Promote public and private partnership in improving access to quality education and lifelong learning.

Sec. 3. Objectives. - This Act shall pursue the following objectives:

a) Establish an Inter-agency Task Force to craft and implement the road map for the PSOFT; b) Institutionalize a program for the integration of digital technology and innovation in public basic education through the PSOFT Road Map; c) Identify key components of the PSOFT Road Map; and d) Provide a public-private partnership (PPP) mechanism to facilitate the attainment of the objectives of the PSOFT Road Map. ARTICLE II DEFINITION OF TERMS

Sec. 4. Definition of Terms. - As used in this Act:

a) Fourth Industrial Revolution - refers to the ongoing automation of traditional manufacturing and industrial practices using modern smart technology by integrating advances in large-scale machine-to-machine communication, artificial intelligence, genetic engineering, the Internet of Things, and other technologies for increased automation, improved communication and self-monitoring, and production of smart machines that can analyze and diagnose issues without the need for human intervention;

b) High Touch, High Tech Framework - refers to a policy framework supported by the United Nations Education Commission that espouses the need for educators to find a balance between the more modern electronically-delivered and digitally-supported method of teaching and the traditional face-to-face mode, the latter being teaching methods that are founded on a teacher's capability to identify develop, and improve an individual student's academic weakness; c) Internet safety policy - refers to an age-appropriate, research-based policy that regulates the safe, ethical and responsible use of the Internet in public education, promotes an informed and critical understanding of the Internet, and the education of children and communities about how to prevent or respond to problems or dangers related to the Internet and new media; and d) New media - refers to emerging digital, computerized, or network information and communications technologies that often have interactive capacities, which includes e-mail, instant messaging, text messaging, web sites, interactive gaming, social media, cellphones and mobile devices. ARTICLE III PUBLIC SCHOOLS OF THE FUTURE IN TECHNOLOGY

Sec. 5. Public Schools of the Future in Technology (PSOFT). - There is hereby

instituted a PSOFT in all public elementary and secondary schools. The PSOFT shall adopt the following principles upon administering basic education in the public school system: a) Broaden and maximize the use of ICT to aid learning; b) Establish a system of upgrading and replacing outdated technology; c) Provide technical support to maintain ICT and other technology; d) Train and support teachers and students on ICT and other technology' e) Develop educators to use ICT effectively in the classroom; f) Ensure that the balance between modern and traditional methods of teaching are equally utilized to obtain optimum learning outcomes.

Sec. 6. Creation of the PSOFT Inter-Agency Task Force (PSOFT-IATF). -

There is hereby created the PSOFT-IATF.

The PSOFT-IAT shall, in consultation with concerned non-government 2 entities, including private companies, non-profit organizations, and private educational institutions, develop the PSOFT Road Map, a consolidation of development plans, programs and projects to be implemented by various 5 departments and agencies of the national government for the purpose of advancing 6 digital technology and innovation in public basic education. The PSOFT-IATF shall be composed of the Secretary of the Department of Education (DepEd) as Chairperson and the following as members: (1) Secretary of the Department of Information and Communications Technology (DICT); (2) 10 Secretary of the Department of Science and Technology (DOST); (3) Secretary of the National Economic and Development Authority (NEDA); (4) Secretary of the Department of Budget and Management (DBM); and (5) Director General of the Philippine Space Agency (PhilSA). The PSOFT-IATF shall finalize the PSOFT Road Map within twelve (12) months from the effectivity of this Act, in accordance with national development goals. The PSOFT Road Map shall be incorporated in the Philippine Development Plan. Subject to the approval of the DBM, the DepEd, DICT, and PhilSA may create positions as they deem necessary for the effective implementation of this Act, in accordance with civil service laws, rules and regulations. The Department of Social Welfare and Development (DSWD) shall formulate a program extending assistance to marginalized and disadvantaged students to ensure that they may fully participate in the PSOFT Road Map.

Sec. 7. PSOFT Road Map. - The PSOFT Road Map shall serve as the basis for

programs and projects aimed at improving the quality of education though the use of digital technology. The PSOFT Road Map shall be subject to review and amendment, if necessary, every three (3) years.

Sec. 8. Components of the Road Map. - The PSOFT Road Map shall include

the following: a) Physical and Technological Infrastructure 1) Universal Access to Internet for Public Schools 2) Annual Investment Program for ICT Devices, Tools and Equipment

b) Enhanced Digital Education Program 1) National Human Resource Development 2) Training and Development of DepEd personnel c) Digital Reforms in Public School Administration 1) Internet Safety Policy 2) Strengthening the Enhanced Basic Education Information System (EBEIS) 3) Digital Alternative Learning System (ALS) d) Development of Online Learning Portals 1) DepEd E-Learning Resources 2) Public Online Library ARTICLE IV PHYSICAL AND TECHNOLOGICAL INFRASTRUCTURE

Sec. 9. Universal Access to the Internet in Public Schools. - All public basic

education schools shall be provided access to the Internet for the purpose of reducing the disparity in computing and information technology knowledge among public school learners and raising the standards of Philippine education. In addition to traditional means of accessing the Internet, such as commercially available connections or existing land-based initiatives of government 20 programs to expand access to the Internet, the PSOFT Road Map shall exhaust all options in ensuring internet connectivity for all public schools. In order to provide the remote areas with digital connectivity, the PSOFT Road Map shall provide cost-effective options of establishing a telecommunication satellite or installing fiber optic technology infrastructure as part of the National Government Program under the DICT, DOST and PhilSA. The necessary funding for the conduct of studies to determine the feasibility of implementing a Telecommunication Satellite Program, through building, purchase, or lease of a satellite, shall be appropriated in accordance with the PSOFT Road 29 Map.

Sec. 10. ICT Devices, Tools and Equipment. - The DepEd shall provide the

following equipment and services in all public elementary and secondary schools:

1 personal computers (PCS), laptops, tablets, learning devices, digital classroom 2 equipment and internet and hybrid intranet connectivity. The PSOFT Road Map shall include a plan for the procurement of PCs, laptops 4 or tablets for the educational needs of all elementary and secondary public schools. 5 All learners will be provided with the necessary learning devices as stipulated in the 6 PSOFT Road Map. Should budgetary constraints prevent the attainment of such 7 target, the national government shall endeavour to meet a ratio of one (1) device for 8 every two (2) learners from Grades 4-6 to ensure that learners can make use of productivity tools in the conduct of regular classes. The national government shall 10 also maintain one (1) device for every fifteen (15) learners in high school level to ensure that learners can avail of weekly classes on ICT topics that require higher computing power. The PSOFT Road Map shall provide for the establishment of functional digital classrooms in all public schools. Digital classrooms shall be equipped with digital boards, computers, wireless router, multimedia projector, printer, and other necessary tools and devices. The PSOFT Road Map shall likewise provide for stable and reliable internet and hybrid intranet connectivity. Educators in public schools shall make use of ICT and hybrid intranet connectivity as presentation tools to complement traditional teaching methods. The DepEd, with the technical assistance of DICT, shall develop an administrative system in all public schools utilizing hybrid intranet connectivity in order to enhance organizational management and administration, and streamline front office procedures.

Sec. 11. PSOFT Pilot Schools. - The national government shall establish

PSOFT pilot schools in the academic year following the effectivity of this Act. The pilot schools shall be located in Metro Manila, Luzon, Visayas and Mindanao and shall fully comply with the requirements of Article IV in this Act, as follows: a) The pilot school shall have full, unrestricted access to the internet and for this purpose shall be equipped with wireless technology or such other modes of connectivity that may be developed: Provided, That school administrators shall closely supervise the access of learners to content in order to protect them from inappropriate, violent, or immoral material;

b) Teachers shall be adequately trained in all technologies that the pilot schools shall adopt for the use of learners; c) All pilot schools shall employ trained information technology specialists to assist faculty and learners; and d) All pilot schools shall provide each teacher and learner with the appropriate ICT devices, tools and equipment to ensure optimum satisfaction in both the teaching and learning experiences. The DepEd shall, in coordination with NEDA, conduct an impact study of the 9 pilot schools to determine its potential in improving the quality of education. 10 Additional pilot schools may be established in the following years, subject to the availability of funds and through cooperative arrangements with LGUs and the public sector. ARTICLE V ENHANCED DIGITAL EDUCATION

Sec. 12. National Human Resource Development. - Students in public

elementary and secondary schools must be prepared for the disruptive technologies that come with the Fourth Industrial Revolution and have a significant impact on skills requirements and on creating a range of opportunities for them in the future. To better equip students to overcome the challenges enabled by ever- increasing technological change and to improve student engagement and achievement, they shall be provided with introductory courses on foundational technology that will enhance their future competencies. The DepEd shall determine the content and mode of delivery of such foundational technology courses and shall 24 introduce them in the curriculum in the school year following the effectivity of this 25 Act. To allow students to acquire the appropriate aptitudes and competencies on these courses, the PSOFT Road Map shall provide for the establishment of innovation hubs in every school to enable students to hone their skills and techniques using a wide variety of physical and digital tools and equipment. The innovation hubs shall allow teachers and learners to carry out technology-based projects that address local problems in the community.

In addition to the standard ICT curriculum taught for basic education in the public schools, the DepEd shall endeavor to include the following subject matters in its curriculum: a) Respecting and protecting personal information on the Internet; b) Understanding computer security systems; c) Online gender sensitivity; d) Proper use of social media and social networking; e) Responsible and ethical use of the Internet, photographic equipment, smart phones, and other equipment of similar nature; and f) Insights of Republic Act No. 10175 or the "Cybercrime Prevention Act" and other related legislation.

Sec. 13. Training and Development of DepEd Personnel. - The PSOFT Road

13 Map shall determine the training and development needs of school administrators, teachers, and personnel with respect to ICT. To ensure that teachers are technologically knowledgeable and well-equipped with the right aptitudes and competencies, the DepEd shall establish and Education Technology Division that shall implement teaching programs and utilize technology- based instruction aids for the effective and efficient performance of teachers under the PSOFT Road Map. The DICT shall extend its support in the implementation of 20 training for teachers on ICT, through its ICT Literacy Competency and Development Bureau. The National Educators Academy of the Philippines shall carry out training programs for educators in public schools and integrate ICT in classroom learning and instruction to highlight the professional and educational benefits that may be derived from personally investing in ICT. ARTICLE VI DEVELOPMENT OF ONLINE LEARNING PORTALS

Sec. 14. DepEd E-Learning Resources. - The DepEd shall develop an online

portal that provides access or links to Internet learning resources. The online portal shall include the following: e-books and videos, learning materials and teachers guides, materials for high school subjects ranging from math, disaster

1 readiness, and science, materials on science, agriculture, livelihood and information 2 technology, interactive exercises on math, science, history and economics. The DepEd shall develop its own library to ensure the quality and safety of knowledge and information made available to learners.

Sec. 15. Public Online Library. - The PSOFT Road Map shall include the

6 establishment of the Public Online Library. The DepEd, DICT, DOST, the Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA) shall, in partnership with the National Library of the Philippines (NLP), the National Book 10 Development Board (NBDB), and other concerned government agencies, develop and main the Public Online Library, a repository of educational materials and digitized copies of books and publications suitable for Filipino students and researchers that shall enrich the learning experience by complementing the textbooks and reference materials prescribed for the elementary and secondary levels. The Public Online Library shall be directly connected to the website of the Philippine Statistics Authority (PSA). The DepEd and the NLP shall have joint custody over the digitized copies of textbooks and references in the Public Online Library which shall be jointly managed by the DepEd and the DICT. In this regard, the DICT shall ensure the security of the online repository system to guarantee its integrity. The DepEd may solicit additional reference materials and publications from the NLP, other agencies of the government, and the private sector to augment its resources. The authors of the digitized books and publications shall be strictly covered by the protection provided for in Republic Act No. 8293, as amended, otherwise known as the "Intellectual Property Code of the Philippines". The DepEd and all concerned agencies shall ensure that the authors of the digitized books and publications shall be properly remunerated in accordance with law. ARTICLE VII DIGITAL REFORM IN PUBLIC SCHOOL ADMINISTRATION

Sec. 16. Internet Safety Policy. - To advance the objective of providing a safe

and secured education program under the PSOFT Road Map, the DepEd shall, within six (6) months after the effectivity of this Act, formulate and enforce an internet

1 safety in order to regulate students' access to content especially against visual 2 depictions that are obscene, pornographic and harmful to minors. In this regard, the internet safety policy shall be implemented to accomplish the following objectives: a) Development and implementation of Internet safety education, including safe access to educational technology, multimedia and interactive applications, and online resources; b) Development of online risk interventions for learners and children; c) Training and support to stakeholders on peer-driven Internet safety educations initiatives; d) Undertaking of researches on online risks to form the bases for Internet safety education syllabi and instructional material development; e) Development and implementation of a public education campaign to promote awareness of online risks to learners and children; and f) Education of parents to augment school initiatives on safe Internet use.

Sec. 17. Strengthening the Enhanced Basic Education Information System

(EBEIS). - The EBEIS shall be the central school database of the DepEd which shall contain pertinent personal data and school records of students. It shall be continually improved to ensure the efficient management of school records. School administrators and personnel shall be trained on the operation and access of the EBEIS and be given access to student records and other related data in the EBEIS such as student's school attendance record, records pertaining to the character of a student, the level of the student's digital literacy and proficiency, grade level, examination scores, school performance, immunization and health records, among others, for purposes of recording student biographical data, handling admissions and discharges, and transferring to other schools. Any person who is caught illegally altering, falsifying or misusing student information in the EBEIS shall be sanctioned in accordance with R.A. 10173, otherwise known as the "Data Privacy Act of 2012".

Sec. 18. Digital Alternative Learning System. - The DepEd shall institute a

digital format of the ALS in the PSOFT Road Map. To attain this objective, the DepEd shall provide professional training to teachers and non-teaching personnel involved in this program and formulate the necessary guidelines for its implementation.

ARTICLE VIII PARTNERSHIP MECHANISM AND ROLES OF PARTNERS

Sec. 19. Partnership Mechanism and Roles of Partners. - In the furtherance of

the PSOFT Road Map, the DepEd may coordinate and enter into an agreement or 5 contract with other government agencies, LGUs, private and non-profit agencies, 6 institutions or organizations duly accredited or recognized by the government, civil 7 society, business and industrial sector, and other concerned sectors. The PSOFT Road Map shall define and delineate the areas of responsibility of 9 government agencies in conformity with their respective charters and mandates. For 10 purposes of this Act, these agencies shall have the following roles: a) The DepEd shall be the lead government agency responsible for the proper and effective implementation of the various provisions of this Act and ensure coordination and collaboration among agencies of the government; b) The DICT shall provide advice on matters relating to ICT and closely coordinate and collaborate in the implementation of this Act. It shall undertake the installation, maintenance, and operation of hybrid intranet connectivity in all public basic education schools, provide an efficient and reliable broadband connection, assist in the implementation of training and development for teachers concerning ICT and ICT-assisted instructions, and coordinate and collaborate in the provision of digital connectivity in public schools. c) The PhilSA shall advise and collaborate with DepEd on matters concerning the use of space technology and relevant space-enabled services to implement the provisions of this Act. d) The DOST, CHED, TESDA, DILG, NLP, NBDB, PSA, the LGUs, and other concerned government agencies mentioned in this Act shall provide support and assistance for the attainment of the purposes of the PSOFT.

Sec. 20. Public-Private Partnership (PPP) for PSOFT. - The DepEd may pursue

PPps from any of the modalities under R.A. 6957, as amended by R.A. 7718, entitled, "An Act Authorizing the Financing, Construction, and Operation and

1 Maintenance of Infrastructure Projects by the Private Sector, and For Other 2 Purposes". To this end, the DepEd shall, in consultation with the Ppp Center of the Philippines created under Executive Order No. 9, series of 2010, entitled 5 "Reorganizing the Build-Operate and Transfer Center to the Public-Private 6 Partnership Center of the Philippines and Transferring its Attachment from the 7 Department of Trade and Industry to the National Economic and Development 8 Authority and For Other Purposes," establish a PPP Unit to coordinate all matters 9 relating to PPP, in accordance with the PSOFT Road Map. It shall likewise coordinate 10 with the Project Development and Monitoring Facility of the PPP Center in the 11 conduct of feasibility studies and the preparation of tender documents for the PPP projects of the DepEd. ARTICLE IX AUTHORITY TO RECEIVE DONATIONS

Sec. 21. Authority to Receive Donations. - The DepEd is authorized to accept

grants, contributions, donations, endowments, or bequests in cash or kind from local and foreign sources in support of the development and implementation of this Act, subject to the regular auditing guidelines and procedures: Provided, That in case of donations from foreign sources, acceptance thereof shall be subject to existing government rules and regulations. The proceeds of such grants, contributions, donations, endowments, or bequests shall be used to finance the following: a) Establishment of pilot schools as provided in Section 11 of this Act; b) Research, development and utilization of emerging digital technologies; c) Provisions of computer laptop units and improvement of ICT infrastructure, including hardware and Internet connectivity; d) Training and capacity building; e) Conduct of other activities necessary to carry out the objectives of this Act. ARTICLE X FINAL PROVISIONS

Sec. 22. Annual Report. - The DepEd shall submit to both Houses of

2 Congress, or upon the request by the Joint Congressional Oversight Committee, a report giving a detailed account of the status of the implementation of this Act.

Sec. 23. Appropriations. - The Secretaries of Education and Information and

5 Communications Technology and the Director General of PhilSA shall immediately 6 include in their respective programs the implementation of this Act, the funding of 7 which shall be included in the annual General Appropriations Act. The funding for the implementation of PSOFT Pilot Schools under Section 11 9 hereof shall be charged against the current year's appropriation of the DepEd.

Sec. 24. Implementing Rules and Regulations. - Within one hundred twenty

(120) days from the effectivity of this Act, the DepEd and DICT shall, in coordination with other concerned agencies of the government and the private stakeholders, promulgate the necessary rules and regulations for the effective implementation of this Act.

Sec. 25. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision or part not otherwise affected shall remain valid and subsisting.

Sec. 26. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the provisions of this Act are hereby repealed, modified, or amended accordingly.

Sec. 27. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,