Current Legal Issues in Educationn
Current Legal Issues in Educationn
Current Legal Issues in Educationn
I. Student Matters
A. Student Discipline B. Right to Quality Education vis--vis Obligation to Pay Tuition and Other Fees
REASON:
For a school system to function properly, the conduct of pupils must conform to conditions that are conducive to learning.
The Supreme Court in the case of Philippine School of Business Administration vs. CA-Certainly, no student can absorb the intricacies of physics or higher mathematics or explore the realm of the arts and other services when bullets are flying or grenades exploding in the air or where looms around the school premises a constant threat to life and limb. Necessarily, the school must ensure that adequate steps are taken to maintain peace and order within the campus premises and to prevent the breakdown thereof.
How far does the schools authority to maintain school discipline among its community members, particularly its students, extend?
ANSWER
It is undisputed that the school can discipline its community members within the school campus during class hours. Whether that authority applies even outside of the school premises and class hours, the Supreme Court said--
x x x It is the better view that there are instances when the school might be called upon to exercise its power over its students x x x for acts committed outside the school and beyond school hours in the following:
a) In cases of violations of school policies or regulations occurring in connection with a school-sponsored activity off-campus; b) In case where the misconduct of the student involves his status as a student or affects the good name or reputation of the school.
Therefore when students misbehave outside the campus and the misconduct complained of directly affects the offenders status as a suitable member of that community, there is no reason why schools may not impose disciplinary sanctions on him.
Imposition of Sanctions
Section 75. Imposition of Disciplinary Action. School officials and academic personnel shall have the right to impose appropriate and reasonable disciplinary measures in case of minor offenses or infractions of good discipline committed in their presence. However, no cruel or physically harmful punishment shall be imposed or applied against any pupil or student.
BASIC RULE
As parents, the teachers shall use discipline not to punish but to correct, not to force, but to motivate; and not to obey with rigid cadence, but to choose to follow the right way.
Hence, schools cannot generally use methods of punishing or such degree of penalties that a good mother or a good father would not likely use on her/his own children.
2) Extra Work
Authorities agree that there is no legal action to compel a person to do something against his will. Thus, a student of majority age may not be subjected to a sanction that would oblige him to act against his will. However, minor students who have not been emancipated from parental authority fall under partia potestas and therefore are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always.
3) Corporal Punishment
Article 233 of the Family Code provides that--
In no case shall the school administrators, teacher or individual engaged in child care and exercising special parental authority, inflict corporal punishment upon the child.
4) Grade Reduction
School authorities and teachers cannot reduce the grade of a student because of his misconduct because the measure of academic achievement must not be based on conduct. Otherwise, the teacher or the school administration shall be unable to properly diagnose the student. Batas Pambansa Blg. 232 provides that--
Every teacher shall xxx xxx 5. Refrain from making deductions in students scholastic rating for acts that are clearly not manifestation of poor scholarship.
Section 79 of the MRPS clearly prevents the reduction of a students grade for misconduct. The only exception to this rule is when the offense committed is relevant to the academic subject in which the students grade was reduced. Therefore, an elementary schoolchild may suffer a reduction in his Character Education grade if he is guilty of misconduct (see Section 79, MRPS).
Section 77. Categories of Administrative Penalties. The three categories of disciplinary administrative sanctions for serious offenses or violation of school rules and regulations which may be applied upon an erring pupil or student are: Suspension, Exclusion and Expulsion. (Note: Also Non-Readmission)
Three (3) requirements before disciplinary sanction (Section 77) may be imposed: a) Must be for cause as defined
b) Observance of due process c) Punishment must be commensurate
I. Must be for cause as defined in the printed rules and regulations of the school or in the MRPS
Section 78. Authority to Promulgate Disciplinary Rules. Every private schools shall have the right to promulgate reasonable norms, rules and regulations it may deem necessary and consistent with the provisions of this Manual for the maintenance of good school discipline and class attendance. Such rules and regulations shall be effective as of the date of promulgation and notification to students in an appropriate school issuance or publication.
A written code of discipline contains an enumeration of specific offenses and their corresponding penalties.
What if the misconduct is not defined and penalized by written school rules, may the student still be administratively charged for said act or omission?
For the student to be disciplinary charged for said offense -- the first need not be expressed in the printed school rules and regulations. The latter need to be defined and penalized.
The framers of our Constitution placed due process first among the provisions of the Bill of Rights. The section states-No person shall be deprived of life, liberty or property without due process of law.
Therefore, when a student commits a serious offense that entails the imposition of an administrative penalty as severe as suspension, non-readmission, exclusion or expulsion, he must first be accorded due process.
There is no justification for the denial thereof, not even if the offense was committed in the presence of faculty members or other school authorities.
In Diosdado Guzman, et al. Vs. National University, et al., the Supreme Court laid down the minimum standards that must be met to satisfy the demands of procedural due process in student disciplinary hearings:
1) The students must be informed in writing of the nature and cause of any accusation against them; 2) They shall have the right to answer the charges against them, with the assistance of counsel, if desired;
III. The punishment shall be commensurate with the nature and gravity of the offense
Although school authorities may have strictly complied with the minimum requirements of due process, courts may still INVALIDATE penalty imposed if NOT commensurate to the nature and gravity of the offense.
CONCLUSION
Courts Do Not Intervene With Factual Findings of Schools Except a) Finding is based on speculation; b) Inferences made are BLATANTLY mistaken, absurd or impossible; c) Grave abuse of discretion; d) Misapprehension of facts; e) The tribunal, in arriving at its findings, goes beyond the issues of the case, AND
f) If there is clear showing of denial of DUE PROCESS
B. Right to Quality Education vis--vis Obligation to Pay Tuition and Other Fees
Article XIV, Sec. 1, 1987 Constitution
The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.
In short
A school, before promoting or graduating a student, must be sure that he/she (the student) is functionally literate to go through next higher level.
1. Continuous Evaluation of Faculty and Staff Competence and Efficiency 2. Evaluate Students: Determine Level of Learning Competencies
Every teacher shall uphold the highest possible standards of quality education, shall make the best preparation for the career of teaching, and shall be at his best at all times in the practice of his profession.
BP 232 (Education Act of 1982), Section 16 (2) provides The teacher shall xxx be accountable for efficient and effective attainment of specified learning objectives xxx. Code of Ethics further mandates that Every teacher shall participate in the continuing professional education (CPE) program of the PRC, and shall pursue such other studies as will improve his efficiency, enhance the prestige of the profession, and strengthen his competence, virtue and productivity in order to be nationally and internationally competitive.
(Article IV, Section 3)
A teacher shall ensure that conditions contributive to the maximum development of learners are adequate and shall extend assistance in preventing or solving learners problems and difficulties.
(Article IV, Section 3)
In short
A teacher is expected to be efficient and competent in the performance of his academic duties at all times. Otherwise, A teacher who has consistently shows his inability to efficiently perform his duties and responsibilities, within a common performance standards should not be allowed to stay in school xxx.
The MRPS provides as just cause of terminating a faculty
Section 16 (5), BP 232-Refrain from making deductions or additions to students scholastic ratings for acts that are clearly NOT manifestation of scholarships.
MRPS Section 79
Basis for Grading. The x x x grade or rating x x x in a subject should be based solely on his scholastic performance. Any addition or diminution to the grade in a subject for co-curricular activities, attendance, or misconduct shall not be allowed x x x.
In Reporting--
But
WRONG to demand quality education from private school and be evaluated of his/her scholastic competence and be given access to school records if students refuse to pay tuition and other school fees. One must x x x recognize that it costs money to maintain high standards of education x x x. (A)s to private schools, what is demandable of them is only commensurate to the tuition and fees they are allowed to charge and the student is able to afford.
Section 72, MRPS-Withholding of Credentials The release of x x x (school records) of any pupil or student may be withheld for reasons of x x x NON-PAYMENT OF FINANCIAL OBLIGATIONS or PROPERTY RESPONSIBILITY of the pupil or student to the school. The (records) shall be released as soon as his obligations shall have been settled x x x. Principle involved: TACIT RESOLUTORY CONDITION (Civil Code, Art. 1191)
It is suggested that the students/ parents be duly informed in writing before enrollment that FAILURE to pay the school fees shall give the school the authority/right to rescind the enrollment contract and deny the student concerned his continued stay in school.
ISSUE:
2) In the absence of an existing school policy, the maximum number of absences for students as provided for in Section 73 of MRPS may be applicable.
REASON: Rule in Section 73 is based on the presumption that a student needs to attend at least 80% of class days or hours to complete the course.
Hence, if a teacher incurs absences of more than 20% of his class hours, then the teacher failed to complete the course. Such is incompetence in its HIGHEST FORM.
ISSUE:
What if the frequency of absences is Habitual in character but EXCUSABLE? Can teacher be terminated?
ANSWER
Supreme Court said--
A working mother who has to frequently absent because she has also to take care of her child may also be removed because of her poor attendance, x x x however, the award of separation pay would be sustained under the social justice x x x. (PLDT vs. NLRC, 164 SCRA 671)
N.B.
Unless employee is sent the second letter of termination, he/she remains an employee Hence, if he/she comes back, the right to his/her position may still legally exist no matter how long the absence.
NEGLECT OF DUTY
Neglect is defined as the failure to carry out an expected or required action through carelessness or by intention. As a rule, Neglect of Duty, to be ground for termination, must be both GROSS and HABITUAL.
Single or isolated acts of negligence do not constitute just cause for dismissal But if the negligent act results to substantial loss/damage to property or injury to person, habituality is NOT necessary to justify dismissal
A teacher shall recognize that the interest and welfare of learners are his first and foremost concern, and shall handle each learner justly and impartially. (Article VII, Section 2)
Clearly, a teacher or school personnel required to exercise special parental responsibility but who fails to observe all the diligence of a good father of a family in the custody and care of the pupils and students, shall be held liable for gross neglect of duty.
Parental Responsibility
The student while in school, is in the custody and hence, the responsibility of the school authorities as long as he is under the control and influence of the school, whether the semester has not yet begun or has already ended. In Amadora vs. CA, the Supreme Court said-
Even if the student is just relaxing in the campus x x x the student is still within the custody and subject to the discipline and responsibility of the teachers x x x.
A teacher should be held answerable for failure to submit grades or reports on time in accordance with the reasonable deadline.
BP 232 mandates that teachers shall (r)ender regular reports on performance of each student and to the latter and the latters parents or guardians with specific suggestions for improvement.
In the recent case of University of the East vs. Romeo A. Jader, the Supreme Court, in no uncertain terms, declared--
The court takes judicial notice of the traditional practice in educational institutions wherein (teacher) directly furnishes x x x students their grades. It is the contractual obligation of the school (through the teachers) to TIMELY INFORM AND FURNISH sufficient notice and information to each and every student x x x.
x x x The negligent act of a (teacher) who fails to observe the rules of the school, for instance, by not promptly submitting a students grade is not only imputable to the teacher but is an act of the school being his/her employer x x x.
School Personnel do have the duty to keep the school records of each of his students. Duty is based on the pupils/students or their parents rights to access to their own school records and the issuance thereof at least within thirty (30) days from request.
IMMORALITY
School employees, particularly teachers and other academic personnel, are definitely bound by the rule that immorality is a valid cause for termination. For as teachers, they serve as an example to the pupils and the students, especially during their formative years.
TEACHERS AS PROFESSIONALS
Duly licensed professionals who possess dignity and reputation with high moral values as well as technical and professional competence. In the practice of their noble profession, they strictly adhere to observe, and practice this set of ethical and moral principles, standard and values.
(Preamble, Code of Ethics for Professional Teachers)
Every teacher shall merit reasonable social recognition for which purpose he shall behave with honor and dignity at all times and refrain from such activities as gambling, smoking, drunkenness and other excesses, much less illicit relations.
(Code of Ethics, Article III, Section 3)
A teacher shall place premium upon selfrespect and self-discipline as the principle of personal behavior in all relationships with others and in all situations.
(Code of Ethics, Article XI, Section 2)
A teacher shall maintain at all times a dignified personality which could serve as model worthy of emulation by learners, peers, and others.
(Code of Ethics, Article XI, Section 3)
SERIOUS MISCONDUCT
Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty.
Giving Failing Students Passing Grades They Did Not Deserve
Section 79 of the MRPS provides that the final grade or rating given to a pupil or student in a subject should be based solely on his scholastic performance.
Thus, it is not a matter of discretion on the part of the teachers in the giving of the students grades, but rather it is a clear obligation for the teachers to determine student academic marks solely based on scholastic performance. For a teacher to do otherwise, would be serious academic malpractice or grave misconduct in the performance of his/her duties.
Influencing a Co-Faculty to Change Grade In the case of Wilfredo T. Padilla vs. NLRC and San Beda College, the Supreme Court said--
This Court is convinced that the pressure and influence exerted by petitioner on his colleague to change a failing grade to a passing one, x x x constitute serious misconduct, which is a valid ground for dismissing an employee.
Confidentiality covers only STRICTLY confidential records 1) Personal records 2) Academic records/ reports 3) Birth Certificates 4) Adoption papers 5) Medical/guidance reports 6) Disciplinary records
VIII, 5. A teacher shall not accept, directly or indirectly, any remuneration from tutorials other than what is authorized for such service.
Petitioner contended that her dismissal was arbitrarily x x x, having been effected without just cause, on the premise that the solicitation of funds x x x was initiated by the students and that her participation was merely limited to approving the same. x x x
If there is one person more knowledgeable of x x x policy against illegal exactions from students, it would be x x x Salavarria.
Hence, regardless of who initiated the collections, the fact that the same was approved or indorsed by petitioner, made her in effect the author of the project.
x x x the Department considers the act of teachers in x x x contracting loans from parents of their students x x x not only a serious misconduct based on Art. 282 (a) of the Labor Code, but is likewise a violation of a students right x x x to be free from involuntary contribution x x x (Sec. 9 (9) of BP 232).
Usec. Antonio E.B. Nachura
because reprehensible behavior such as the use of trust relationship as leverage for borrowing money is involved. to avoid exertion of undue influence by teachers over the students or their parents
WILLFUL DISOBEDIENCE The orders, regulations, or instructions of the employer or representative must be:
an employee from one office to another within the school system, provided that it does not amount to a demotion in rank or diminution in pay.
-- Only limitation is mala fides. That is, the
employer cannot exercise this right is where it is vitiated by improper motive; -- Employee may disobey an inconvenient transfer.
This is not insubordination. No law exists compelling the acceptance of a promotion, since this takes the nature of a gift which a person has the right to refuse.
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A transfer may be refused by the employee if the transfer is coupled with or is in the nature of a promotion.
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employee specifying the ground for termination, and giving employee reasonable opportunity to explain his side;
b) A hearing during which the employee is given the opportunity to respond to the charge, present his evidence or rebut the evidence presented against him; and c) A written notice of termination served indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.
SAMPLE NOTICE:
Pursuant to the pertinent provision of the Manual of Regulations for Private Schools and the Labor Code, you are hereby charged of ________________, an offense punishable by ____________, which was allegedly committed as follows:
(Attached copy of the complaint, if any)
Considering the foregoing, you are hereby required to explain in writing within three (3) days from receipt of this notice why no disciplinary action should be taken against you. Failure on your part to answer said charges within the prescribed period shall be deemed a waiver of your right to be heard and the case shall be resolved on the basis of the evidence available at hand.
Very truly yours,
Halleys Comet
A memorandum, as it goes down the chain of command in an educational institution.
SUBJECT : Operation Halleys Comet FROM : Chairman of the Board of Trustees TO : The President
Tomorrow evening at approximately eight (8) p.m., Halleys Comet will be visible in this area, an event which occurs only once every seventy five (75) years. Have the students fall out in the football field in uniforms and I will explain this rare phenomenon to them. In case of rain, we will not be able to see anything, so assemble the students in the auditorium and I will show them film of it.
FROM TO
By order of the Chairman of the Board, tomorrow, at eight in the evening, Halleys Comet will appear above the football field, if it rains, fall the students out in uniforms. Then lead them to the auditorium where the rare phenomenon will take place, something which occurs only once every seventy five years.
FROM
TO
By order of the Chairman of the Board, in uniform, at eight oclock in the evening tomorrow, the phenomenal Halleys Comet will appear in the auditorium. In case of rain in the football field, the Chairman of the Board will give another order, something which occurs once every seventy five years.
FROM TO
Tomorrow at eight oclock in the evening, the Chairman of the Board will appear in the auditorium with Halleys Comet, something which happens every seventy-five years. If it rains, the Chairman of the Board will order the COMET into the football area in uniform.
FROM TO
When it rains tomorrow at eight in the evening, the phenomenal, seventy-five year old Chairman Halley, accompanied by the President will drive his Comet thru the football field area theater in uniform.
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