Education Portal for Students in India

Criticism of the RTE Act 2009 –

Discrimination towards parents and students who belong to the economically weaker sections (EWS) and disadvantaged groups (DG). Students have a hard time blending in with other students. Lack of confidence in government schools Local authorities cannot keep track of children who can benefit from the RTE Act 2009 Section 12(1)(c), and therefore they cannot seek out children for admission. First-generation students are unable to out the form and miss out on admissions. For example, nearly 33% of applications submitted in Gujarat for admissions under the RTE act were incomplete or inaccurate. Private schools deny admissions as they do not get reimbursed on time. Some parents were asked to pay for the application or donate money for the admissions. Delays in the admissions process result in students dropping out of the program or not getting admission on time.

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What does the Right to education Act 2009 in India guarantee?

Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

• Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
• With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

: Departmen of School Education & Literacy
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What is the education Act 2013 Kenya?

4 The Act discriminates against children with disabilities – Based on the previous discussion of what constitutes disability discrimination, it is clear that the Act discriminates against children with disabilities in Kenya in a number of ways. First, the Act fails to comply with the fundamental principle of equality.

The purpose of the Act is to ensure that all children in Kenya are provided with a free and compulsory primary education. Both children with and without disabilities should be treated ‘equally’ which involves both the same treatment as well as different treatment based on the need of some children for accommodations.

However, the Act creates special schools for children with disabilities without any legitimate justification. Although some children may need assistance or accommodation, that is not true for all children with disabilities. There is no justification for treating children without disabilities differently from children with disabilities who require no accommodation.

Yet even for those children with disabilities who may need assistance or accommodations, there is no reason, to require that they attend separate schools or receive separate curricula. Such assistance and accommodations may be provided in regular schools as is done today in many countries throughout the world.

By segregating children with and without disabilities on the basis of disability constitutes discrimination against children with disabilities who are relegated to attain their right to free and compulsory basic education only in segregated, special schools.

For example, in the United States, the Supreme Court held in the landmark case of Brown v Board of Education that laws that create separate schools are unconstitutional as a violation of the fundamental right of all to equality.76 The Supreme Court rejected the doctrine of ‘separate but equal,’ 77 stating that ‘separate educational facilities are inherently unequal’.78 Similarly, the European Court of Human Rights has recently held in a series of cases involving Roma children that maintaining separate schools and programmes for them is discriminatory, including on the basis of disability.79 Moreover, in its response to reports that have been filed by countries that have ratified the CRPD, the CRPD Committee itself has criticised countries that have special schools, citing such schools as a violation of article 24’s mandate of an inclusive education system.80 The second way in which the Act fails to comply with the CRPD is its failure to ensure the provision of reasonable accommodations.

A prohibition on disability discrimination does not entail merely outlawing differences based on disability; it may also entail failing to provide reasonable accommodations to people with disabilities who require such accommodations to exercise their rights.

Article 24 of CRPD mandates states parties to ensure that children with disabilities receiving the accommodations they need to access education.81 The Act ignores the mandate. The third way in which the Act violates the requirements of the CRPD is that it fails to recognise the right of students with disabilities to an inclusive education system.

The definition of an inclusive education system is not included in the CRPD. However, prior international documents have defined inclusive education. The first international document that defined inclusive education is the Salamanca Statement, which provides:

The fundamental principle of the inclusive school is that all children should learn together, wherever possible, regardless of any difficulties or differences they may have. Inclusive schools must recognize and respond to the diverse needs of their students, accommodating both different styles and rates of learning and ensuring quality education to all through appropriate curricula, organizational arrangements, teaching strategies, resource use and partnerships with their communities. There should be a continuum of support and services to match the continuum of special needs encountered in every school.82

The Kenyan law does not even mention inclusive education, nor does it require that the state is under any obligation to determine whether or not a student with a disability should be educated in the regular school rather than in a separate school. For example, in the US, which does not require that all students with disabilities are educated in inclusive classrooms, students with disabilities are nonetheless insured their right to an education in the ‘least restrictive environment’.

This means that students with disabilities in the US are entitled to attend schools and participate in classes and programmes that are the least restrictive of their individual liberties.83 In the context of education, the least restrictive requirement has been interpreted to require the inclusion of students in the mainstream or ‘regular’ schools and classrooms.

The least restrictive requirement also means that education for children with disabilities should be in the mainstream schools with the supplemental aids and services the students may need. This additional requirement is intended to facilitate the integration of children with disabilities in the US into the mainstream education system.84 As a result, one federal court of appeals in the US overturned a 1983 decision that had authorised the placement of a child with a severe mental disability in a specialised school.85 In this decision, the appeals court reasoned that the services the student required could be provided just as easily in the public school as in the special school.

1. Accordingly, the court held that to require the student to attend a separate school amounted to a violation of the law’s least restrictive placement requirement.
2. The Court rejected the lower court’s holding that schools have the broad discretion in deciding to place children with disabilities in segregated or mainstream schools.

Accordingly, the appeals court considered the benefits the child would receive in a segregated setting versus the regular school. If the benefits that a child would receive in the segregated setting could be achieved in the regular school setting, then the child should be educated in the least restrictive, regular school setting.

1. This decision has led the authors to conclude that the court’s test now creates a presumption in favour of the inclusion of children with disabilities in regular classrooms and schools.
2. In 1989, another appeals court in the US developed an alternative test to determine the propriety of placing a child in a separate school rather than his neighbourhood school.86 In Daniel RR v State Board of Education, this appeals court determined that the school had not complied with the least restrictive setting requi rement of the US education law.87 In this case, the appeals court inquired first whether the education, with the use of supplemental aid and services, could be achieved satisfactorily.

Secondly, the court determined if segregation was necessary for the education of the child. If so, then the court must examine whether the school has mainstreamed the child to the maximum extent appropriate, specifically whether the school has made efforts to include the child in programmes with nondisabled children wherever possible.

The first part of this test requires the court to look at the steps the school has taken to include the child with disabilities in the regular classroom.88 It is important to note that mere gestures by schools to include children with disabilities in regular classrooms would not pass this test, according to the court.89 Here, the court must look at unique benefits the child will receive in regular classrooms such as development of social skills resulting from interaction with nondisabled peers.90 Under this second part of the Daniel RR test, courts are also required to look at the effect of inclusion of children with disabilities on other children in school.

If the inclusion leads to disruption in the classroom, then segregation may be justified.91 The test also allows segregation if the inclusion will demand the teacher’s attention to the disadvantage of other children.92 However, caution should be exercised while examining the negative effects of inclusion of children with disabilities on other children.93 As these cases illustrate, the right to education in the least restrictive environment developed in the US pursuant to its Individuals with Disabilities in Education Improvement Act of 2004, favours the placement of children with disabilities in classes with children who are not disabled.

1. This idea is not present in the Act.
2. As stated, the Act favours special schools over mainstreaming.
3. In this way, children with disabilities in Kenya are denied an opportunity to interact with their peers as part of their education in the least restrictive environment.
4. The purpose of the Act was not only to avoid discrimination of the children with disabilities, but also to ensure that they receive quality education.94 Quality can be attained not only by examining what the schools teach but also through ensuring that children with disabilities are, in fact, in public schools.

This is because, in fact, public schools have a better curriculum compared to special schools.95 Moreover, it has been established that children with disabilities become better students and perform better when they are in the same schools with their non-disabled peers.96 Although the CRPD does not refer to the concept of the least restrictive environment, this concept is central to the right to education.

1. The goal of any education system, including Kenya’s, must be full inclusion, as envisioned by article 24 of the CRPD.
2. Ensuring the right to education in the least restrictive setting as a first step will be a major achievement for Kenya at the present time.
3. The right of children with disabilities to education in the least restrictive setting may be used as a bridge towards attaining full inclusion for children with disabilities in Kenya.

Article 24 of the CRPD mandates state parties to ensure an inclusive education system.97 Kenya ratified the CRPD in 2008 yet its children remain relegated to a woefully inadequate segregated education system. To continue the placement of children with disabilities in special schools in Kenya violates the spirit and language of the CRPD.

While it is important to appreciate that article 24 of the CRPD does not explicitly prohibit the operation of special schools, it is also important to have in mind the general principles of article 3 when reading article 24.98 Article 3 prohibits discrimination and seeks to ensure equality of treatment and results of all children and adults with disabilities.

Kenya’s adherence to a separate education system for students with disabilities fails to respect the differences, dignity and equality rights of children with disabilities in Kenya. Furthermore, article 24 is subject to the principle of progressive realisation.99 Although progressive realisation of a right means that the right need not be realised immediately it does not mean that a state may deny children with disabilities the right to education in mainstream schools, entirely.

• The minimum core content of article 24 is to ensure that there is no discrimination on the basis of disability.
• Such regressive measures as creating special schools for children with disabilities are not in line with the letter or spirit of the CRPD.
• Moreover, the concept of education in the least restrictive setting should not be considered the end result; rather it should be seen as a means towards attaining the result of an entirely inclusive education system for all children with disabilities.

Therefore, the longer Kenya waits to amend the Act in order to ensure an inclusive education system, as required under the CRPD, the longer children with disabilities in Kenya will face an inherently unequal education system, and one which appears to violate the CRPD.
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What did the 1981 education Act do?

The Education Act – 1981 The Education Act – paved the way for the integration of children with ‘special needs’ during the United Nations International Year of Disabled People. Education Act 1981 (following the 1978 Warnock Report): gave parents new rights in relation to special needs.
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What is new in the Right to Education Act 2009?

The Right to Education Act 2009 prohibits all kinds of physical punishment and mental harassment, discrimination based on gender, caste, class and religion, screening procedures for admission of children capitation fee, private tuition centres, and functioning of unrecognised schools.
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Which article is right to education in guaranteed in India?

Right to Education Act – The Act is completely titled “the Right of Children to Free and Compulsory Education Act”, It was passed by the Parliament in August 2009. When the Act came into force in 2010, India became one among 135 countries where education is a fundamental right of every child.

The 86th Constitutional Amendment (2002) inserted Article 21A in the which states:

“The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.”

As per this, the right to education was made a and removed from the list of Directive Principles of State Policy. The RTE is the consequential legislation envisaged under the 86th Amendment. The article incorporates the word “free” in its title. What it means is that no child (other than those admitted by his/her parents in a school not supported by the government) is liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. This Act makes it obligatory on the part of the government to ensure admission, attendance and completion of elementary education by all children falling in the age bracket six to fourteen years. Essentially, this Act ensures free elementary education to all children in the economically weaker sections of society.

A few important articles that a candidate must read to cover the notes on the topic, ‘Education,’ comprehensively are linked below:
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What did the 2011 education Act do?

Summary and Background – 3. The Education Act is founded on the principles and proposals in the Department for Education November 2010 White Paper, The Importance of Teaching (CM-7980). The Act includes measures to increase the authority of teachers to discipline pupils and ensure good behaviour, with a general power to search pupils for items banned under the school’s rules, the ability to issue same-day detentions and pre-charge anonymity when faced with an allegation by a pupil of a criminal offence.4.

The Act removes duties on schools and local authorities to give them greater freedom to decide how to fulfil their functions. The Academies programme will be extended, with Academies for 16 to 19 year olds and alternative provision Academies.5. The Act will change school accountability, with more focused Ofsted inspections and wider powers to intervene in under-performing schools.

Ofqual, the independent qualifications regulator, will be required to secure that the standards of English qualifications are comparable with qualifications awarded outside the UK. The Act will abolish five arm’s length bodies, with many of their functions ending and those which are to continue being discharged by the Secretary of State, who will be directly accountable to Parliament for them.6.

The Act also makes provision to give effect to proposals to increase college freedoms, giving them greater control over their own governance and dissolution arrangements, and make changes to the skills entitlements that were set out in the strategy documents, Skills for Sustainable Growth (UNR: 10/1274) and Further Education – New Horizon (UNR: 10/1272) published by the Department for Business, Innovation and Skills in November 2010.7.

The Act will enable the Government to introduce an entitlement to free early years provision for disadvantaged two year olds and take forward two elements of the Government’s response to the Browne Review on higher education funding: enabling a real rate of interest to be charged on higher education student loans and allowing fees for part-time undergraduate courses to be capped.8.

The Act will make changes to the enforcement powers of Ofqual and of Welsh Ministers as the regulator of qualifications in Wales.9. The Act will also make provision regarding direct payments for people with special educational needs or subject to learning difficulty assessment.10. Further relevant background to the Act is contained in the “Overview of the Structure of the Act” section which details the contents of each Part of the Act.

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What is Section 7 of the 1996 education Act?

Section 7 Education Act 1996 places a duty on parents to ensure that their child of compulsory school age receives a suitable education, either by regular attendance at school or otherwise. This can be fulfilled by home educating your child.
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What does the education Act 2002 say?

LC6. Education Act (2002) Date Posted: 11 August 2016 The Education Act (2002) was created in response to the UK’s adoption of the Human Rights Act. The Act introduced the requirement of safeguarding children and young people from abuse or neglect. It sets out the roles and responsibilities of teachers and those with delegated responsibility for child protection.

• It requires anyone working with children and young people to share information or concerns in relation to a child’s safety and wellbeing.
• The Education Act (2002) was created in response to the UK’s adoption of the Human Rights Act,
• The Act introduced the requirement of safeguarding children and young people from abuse or neglect.

It sets out the roles and responsibilities of teachers and those with delegated responsibility for child protection. It requires anyone working with children and young people to share information or concerns in relation to a child’s safety and wellbeing.

At a practical level this means that a dance practitioner working within a youth group setting must know about and implement the child protection procedures set out by the agency organising the youth provision or, if setting up an independent group, the practitioner must understand their responsibility in relation to safeguarding and know how to contact their local authority’s child protection officer or the NSPCC if they have concerns about abuse or neglect.

If you have your own dance school or work independently with children or young people, you may want to develop your own safeguarding or child protection policy so that parents and carers know that you’re aware of your responsibilities and anyone who works with you is also made aware of their obligations.

A number of organisations, including the NSPCC’s Child Protection in Sport Unit (CPSU), Youth Dance England and People Dancing can provide information and advice on developing a child protection policy. A policy will cover a range of issues including guidelines for staff or volunteers on their roles and responsibilities, explaining reporting procedures if neglect or abuse is suspected, gaining consent for a child’s participation in activities, photo consent and the use of children’s images, information on your where you stand in relation to photography and the use of videoing during dance sessions.

With the rise in cyberbullying, image sharing and digital abuse you need to consider if you will allow anyone to take images of children in your classes – including other parents and children. Your child protection and safeguarding policy may also explain your policy on safe touch.

1. There has been confusion within the arts and sports sector for some years about whether an adult is ever allowed to touch a child in any circumstances.
2. The NSPCC’s Child Protection in Sport Unit (CPSU) provides excellent guidelines on when it may be appropriate to come in to physical contact with a child or young person.

The overarching rule is: physical contact between an adult and child must always be driven by the child’s needs and welfare – not the adults. If it’s necessary to come in to physical contact with a child or young person in order to facilitate safe alignment, to prevent harm to a child or someone around them or to treat an injury then physical contact may be appropriate.
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What is 86 Amendment Act?

The 86th Constitutional Amendment (2002) inserted Article 21A in the Indian Constitution which states: ‘ The State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State, may by law determine.
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What is education Act 1983?

KARNATAKA EDUCATION ACT, 1983

Act ID:	19951
Act Number:	1
Enactment Date:	1993-10-27
Act Year:	1995
Short Title:	The KARNATAKA EDUCATION ACT, 1983
Long Title:	An Act to provide for better organisation, development, discipline and control of the educational institutions in the State.
Department:	Education Department
Abstract:	NO
Enforcement Date:	01-06-1995
Type:	STATE
Location:	Karnataka
Notification:	ED 2 MES 95

Disclaimer: Updating and uploading of all Central Acts available on this web page is the proprietary of the Legislative Department in the Ministry of Law and Justice.The updating and uploading of Rules, Regulations, Notifications, etc., and linking them with relevant sections of the respective Principal Act under which the said subordinate legislations have been made is the proprietary of the concerned Ministry/Departments in the Government of India administering subject matter of the Legislation.
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What did the education Act 1988 do?

The 1944 Act nevertheless provided the main framework for state education for four decades in Britain until the radical changes implemented by the Education Reform Act of 1988. This legislation allowed both primary and secondary schools to opt out of local authority control and be funded by central government.
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What did the 1970 education Act do?

THE EDUCATION ACT. Commencement: 17 July, 1970. An Act to amend and consolidate the law relating to the development and regulation of education, the registration and licensing of teachers in public and private schools and for other connected matters.
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What did the education Act of 1976 do?

Education Act 1976 – full text Education Act 1976 This Act gave the Secretary of State the power to ask local education authorities to plan for non-selective (ie comprehensive) secondary education. It was repealed by Margaret Thatcher’s Conservative government in 1979. The text of the Education Act 1976 was prepared by Derek Gillard and uploaded on 13 December 2020. Education Act 1976

• © Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland.

Education Act 1976 CHAPTER 81 ARRANGEMENT OF SECTIONS

Comprehensive schools

• Section
• 1 The comprehensive principle 2 Submission of proposals for giving effect to comprehensive principle
• 3 Approval and implementation of proposals submitted under s.2

Miscellaneous

2. 4 Duty to implement approved proposals as to maintenance or change in character of school 5 Approval of arrangements with non-maintained schools 6 Remuneration of members of Independent Schools Tribunals 7 Awards for higher diploma courses 8 Ordinary residence for award purposes 9 School milk
3. 10 Pupils requiring special educational treatment

Supplementary

• 11 Expenses 12 Citation, construction and extent

ELIZABETH II Education Act 1976 1976 CHAPTER 81

2. An Act to amend the law relating to education.
3. BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Comprehensive schools

• 1 The comprehensive principle
• (1) Subject to subsection (2) below, local education authorities shall, in the exercise and performance of their powers and duties relating to secondary education, have regard to the general principle that such education is to be provided only in schools where the arrangements for the admission of pupils are not based (wholly or partly) on selection by reference to ability or aptitude.
• (2) Subsection (1) above shall not be construed as affecting –

(a) the provision, whether in special schools or otherwise, of special educational treatment as mentioned in section 8(2)(c) of the Education Act 1944 (provision for pupils suffering from disability of mind or body); or (b) the provision of education in any school where arrangements for the admission of pupils to the school are based on selection wholly or mainly by reference to ability or aptitude for music or dancing.

2. 2 Submission of proposals for giving effect to comprehensive principle
3. (1) If at any time it appears to the Secretary of State that progress or further progress in giving effect to the principle stated in section 1 above is required in the area or any part of the area of any local education authority, he may require the authority to prepare and submit to him, within such time as he may specify, proposals for the purpose of giving effect to that principle in the area of the authority or in any part of that area specified by him.
4. (2) Before submitting any proposals under this section a local education authority shall consult the managers or governors, or persons representing the managers or governors, of every voluntary school (whether or not in their area) which is in the authority’s opinion affected by the proposals; and, if the managers or governors of any voluntary school in their area so request, the authority shall transmit to the Secretary of State with their own proposals any proposals made by the managers or governors for the purpose mentioned in subsection (1) above.
5. (3) If it appears to the Secretary of State –

(a) that, having regard to any proposals submitted to him under this section by a local education authority, a significant change in the character, or a significant enlargement of the premises, of a voluntary school in their area is required; and (b) that no satisfactory proposals for that purpose have been transmitted to him under subsection (2) above, the Secretary of State may require the managers or governors of the school to prepare and submit to him, within such time as he may specify, proposals for that purpose.

(4) Without prejudice to the foregoing provisions, the Secretary of State may require a local education authority or the managers or governors of a voluntary school to prepare and submit to him, within such time as he may specify, further proposals in substitution for any proposals previously submitted by them under this section which appear to him to be unsatisfactory; and any such requirement – (a) shall be accompanied by a statement of the matters in relation to which the previous proposals are in his opinion unsatisfactory and of the reasons for his opinion; and (b) may specify conditions to be fulfilled by the further proposals with respect to any of those matters.

(5) Proposals prepared and submitted under this section shall be in such form as the Secretary of State may direct and shall indicate the times when they are respectively to be carried into effect.

• (6) Where at the passing of this Act the arrangements for the admission of pupils to schools in, or in any part of, the area of a local education authority are based partly on selection by reference to ability or aptitude, the Secretary of State shall not, for such period as he thinks fit, require the authority to prepare and submit proposals under this section in relation to those schools if it appears to him that the purpose of the arrangements is to secure the even distribution between the schools of pupils of different degrees of ability or aptitude.
• 3 Approval and implementation of proposals submitted under s.2
• (1) Where any of the proposals submitted or transmitted to the Secretary of State under section 2 above are –

(a) proposals by a local education authority for any such action as is mentioned in subsection (1) of section 13 of the Education Act 1944 (c.31) (establishing, maintaining, changing character of or enlarging county school or ceasing to maintain county school or voluntary school); or (b) proposals by the managers or governors of a voluntary school for any such action as is mentioned in subsection (2) of that section (maintaining.

1. Changing character of or enlarging voluntary school), being proposals to be wholly or partly carried into effect within five years after the date on which they are submitted or transmitted.
2. The Secretary of State may direct that those proposals (or any of them) shall be treated as if they had been submitted to him by the local education authority under subsection (1), or by the managers or governors under subsection (2) of that section.

as the case may be.

2. (2) Where the Secretary of State gives a direction under this section in relation to any proposals submitted to him under section 2(3) or (4) above by the managers or governors of an aided or special agreement school, he shall not approve the proposals under the said section 13 if the managers or governors satisfy him that, notwithstanding the maintenance contributions payable by him under section 102 of the said Act of 1944, they will be unable to defray the expenses of giving effect to the proposals.
3. (3) In relation to proposals treated by virtue of this section as submitted under subsection (1) or (2) of the said section 13, subsection (6) of that section shall have effect as if the words “unless they do not intend to give effect to the proposals” were omitted.

Miscellaneous 4 Duty to implement approved proposals as to maintenance or change in character of school (1) Section 13 of the Education Act 1944 (c.31) shall have effect with the following amendments (being amendments requiring the implementation of approved proposals as to the maintenance of a school or as to changes in its character).

(2) For subsection (8) there shall be substituted – “(8) When proposals for the maintenance of a school or proposals that a local education authority should cease to maintain a school have been approved by the Secretary of State under this section, it shall be the duty of the local education authority to maintain or, as the case may be, to cease to maintain the school in accordance with the proposals.” (3) After subsection (9) there shall be inserted – “(9A) When proposals for the making of any change in the character of a school have been approved by the Secretary of State under this section.

it shall be the duty of the local education authority or, in the case of a voluntary school, the managers or governors to give effect to the proposals.” 5 Approval of arrangements with non-maintained schools (1) The power of the Secretary of State to give his approval to arrangements under section 9(1) of the Education Act 1944 (arrangements for assisting non-maintained schools) or section 6(1) of the Education (Miscellaneous Provisions) Act 1953 (c.33) (arrangements for provision of education at non-maintained schools) shall include power to revoke any approval previously given under that section.

• (2) Regulations under section 81(b) of the said Act of 1944 (power of local education authorities to pay fees and expenses in respect of children attending fee-paying schools) may include provision requiring local education authorities to exercise their powers under the regulations in accordance with arrangements approved by the Secretary of State and for enabling him to revoke any approval given by him in respect of any such arrangements.
• (3) A local education authority shall discontinue any arrangements made by them in pursuance of any approval which is revoked by virtue of subsection (1) above or of any such provision as is mentioned in subsection (2) above.
• 6 Remuneration of members of Independent Schools Tribunals
• (1) The Secretary of State may, out of moneys provided by Parliament, pay to the members of Independent Schools Tribunals such remuneration and allowances as he may with the consent of the Minister for the Civil Service determine.
• (2) In section 75(1) of the Education Act 1944 the words from “and as to the payment” onwards (which provide for the remuneration and allowances of members of the Tribunals to be fixed by rules under that section) are hereby repealed.
• 7 Awards for higher diploma courses

(1) Section 1 of the Education Act 1962 (c.12) (local education authority awards for certain courses) shall apply also to such courses at universities, colleges or other institutions in Great Britain and Northern Ireland as may for the time being be designated by or under regulations made for the purposes of that section as being full-time courses for the higher diploma of the Technician Education Council or the Business Education Council.

1. (2) Section 4(2) and (3) of the said Act of 1962 (regulations under sections 1 to 3 of that Act) shall apply also in relation to subsection (1) above.
2. 8 Ordinary residence for award purposes
3. For paragraph 4 of Schedule 1 to the Education Act 1962 (ordinary residence for award purposes) there shall be substituted –

“4 (1) Regulations made under this Act may make provision whereby a person who under paragraph 2 of this Schedule would fall to be treated for the purposes of section 1 of this Act as not being ordinarily resident in any area is to be treated for those purposes as being ordinarily resident in the area of such local education authority as may be specified by or under the regulations.

• (1) In section 1(2) of the Education (Milk) Act 1971 (which makes provision for enabling education authorities to provide milk but for the expense to be defrayed by the pupils or their parents) the words from “but” onwards are hereby repealed.
• (2) Section 3(1) of the said Act of 1971 (which contains spent provisions dealing with the effect of section 1 on rate support grant) is hereby repealed.
• 10 Pupils requiring special educational treatment
• (1) For section 33(2) of the Education Act 1944 there shall be substituted –

“(2) The arrangements made by a local education authority for the special educational treatment of pupils of any such category shall, subject to subsection (2A) of this section, provide for the education of the pupils in county or voluntary schools; (2A) Where the education of the pupils in such schools as aforesaid – (a) is impracticable or incompatible with the provision of efficient instruction in the schools; or (b) would involve unreasonable public expenditure, the arrangements may provide for the education of the pupils in special schools appropriate to the category to which the pupils belong or in schools not maintained by a local education authority and for the time being notified by the Secretary of State to the authority as in his opinion suitable for-the purpose.” (2) The entry relating to the said section 33(2) in Schedule 1 to the Education (Miscellaneous Provisions) Act 1953 (c.33) is hereby repealed.

2. (3) This section shall not come into force until such day as may be appointed by the Secretary of State by order made by statutory instrument.

Supplementary

• 11 Expenses
• There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of such moneys under any other Act.
• 12 Citation, construction and extent
• (1) This Act may be cited as the Education Act 1976.
• (2) This Act shall be included in the Acts that may be cited as the Education Acts 1944 to 1976.
• (3) This Act shall be construed as one with the Education Act 1944.
• (4) This Act does not extend to Scotland or Northern Ireland.

: Education Act 1976 – full text
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What is the 1882 education Ordinance?

The 1882 Education Ordinance sought to regulate the school’s curriculum and conditions under which schools might obtain grants from the government. The Ordinance made the teaching of English compulsory but made no provision for the teaching of Yoruba.
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What is Batas Pambansa No 232 or education Act of 1982?

NATLEX Database of national labour, social security and related human rights legislation

Name:	Education Act of 1982 (Batas Pambansa BLG.232).
Country:	Philippines
Subject(s):	Education, vocational guidance and training
Type of legislation:	Law, Act
Adopted on:	1982-09-11
Entry into force:
ISN:	PHL-1982-L-71394
Link:	https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=71394&p_lang=en
Bibliography:	Printed separately, The Child Labor Legislative Database, University of Iowa Center for Human Rights (UICHR) (consulted on 2007-02-22)
Abstract/Citation:	Establishes the basic policy and objectives for education. It establishes the rights, duties and obligations of those in the education community (e.g. parents, students, teachers, principals, non-academic staff etc.) It also regulates the education system with respect to the establishment of schools, funding, private and public schooling, specialized schooling, international schools etc.
Amending text(s) :	1994-08-25 (PHL-1994-L-71395) Education (Amendment) Act 1994 (Republic Act No.7798).

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Who made the education Act of 1982?

I – GENERAL PROVISIONS – Chapter 1 PRELIMINARY MATTERS Section 1 of the Article states the title of the Act which is “Education Act of 1982”. It was passed by the Batasang Pambansa for it is consistent with the 1987 Constitution and shall take effect until it is amended or repealed.

• Under Section 2 of the Education Act, the act is applied to all formal and non- formal systems may it be public or private institutions or schools ranging from pre- school to tertiary level and post graduate programs in the entirety of the education system.
• This was based on section 4 of article XIV of the 1987 Constitution which stated that the state recognized the complementary roles of public and private institutions meaning, this two go hand in hand in handling the affairs related to educating learners as well as supervising the regulations of all educational institutions.

Chapter 2 DECLARATION OF BASIC STATE POLICY AND OBJECTIVES This chapter is divided into two sections, section 3 and section 4 respectively. Section 3 focuses on the declaration of basic state policies concerning the educational system. It was to make sure that the state establishes an environment where learners and its faculty and staff maintain a complete, adequate and integrated system of education that is relevant to the goals of national development.

A development goal was established so that the education supervisors and implementers will have a guide on what to achieve and on what aspect they have to make a progress. This chapter is where the DepEd mission was based which is to protect and promote the right of every Filipino to a quality education regardless of their gender, age, status or even if they have physical or mental conditions.

Every child, may it be of different ethnicity, shall not be denied to basic education and be allowed to develop themselves within the context of their culture, tradition and costumes to the best of their interest. Section 4 on another note focuses on the aims the whole education system aspires to achieve.

• Objectives are named to foster the nation’s power to its maximum potential.
• To attain these objectives, all educational institutions shall Aim to include love of country.
• Teach the duties of citizenship and develop moral character, personal discipline and scientific.
• Technological and vocational efficiency.

Shall aim to inculcate local discipline and scientific. Technological and vocational efficiency. Furthermore, the educational system shall reach out to educationally deprived communities. To enrich the civic participation in the community and national life and to unify all Filipinos into a free and just vision.

• The curricula of schools and colleges according to the new constitution should include, teach or inculcate and foster holistically.
• So the Filipinos will develop to the best.
• And do its maximal.
• Chapter 2 RIGHTS Rights of parents is the right to organize by themselves end or with teachers for the purpose of providing a forum for the discussion of matters.

Relating to the total school program. The right to access any official record directly relating to the children who are under their parental responsibility. Children who are under their parental responsibility. Rights of students in school pertains to the right to receive primarily through competent instructions.

• Relevant quality education.
• Right to freely choose the.
• Field of study subjects to existing curricula and to continue their course there in up to graduate.
• Right to school guidance and counseling services.
• For making decisions and selecting.
• Right to access his own school records.
• To access his own school records.

Right to the issuance of official certificates, diplomas, transcripts of records, grades, transfer credentials and other similar documents within 30 days from request. Right to publish a student newspaper and similar publications. Right to free expression of opinions and suggestions.

Right of all school personnel is one, be provided with free legal service by appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel. Establish, join and maintain labor organizations/or professional and self-regulating organizations of their choice.

Be free from involuntary contributions except those impose by their own organizations. Special Rights and/or Privileges of Teaching or Academic Staff is the right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law.

1. Right to intellectual property consistent with applicable laws.
2. Teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection.
3. Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement.

School Administration shall be accorded sufficient administrative discretion necessary for the efficient performance of their functions. They all shall be deemed persons in authority while the discharge of lawful duties and responsibilities, shall therefore be accorded due respect and protection.

The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and shall be subjects of the study research. Chapter 3 DUTIES AND OBLIGATIONS Section 14 of the Education Act stipulates the duties a parent of a learner. First, parents shall carry out the educational objectives in accordance with national goals.

They shall be obliged to enable their children to obtain elementary, strive high to achieve secondary and higher education. Parents therefore are to cooperate with the school in implementing the school programs. As the receiver of learning, students have duties and responsibilities too.

• They must study well and have a meaningful learning at school to contribute to the peace and order of the school and the community.
• They must respect the rights of others, participate in civic affairs in promoting the general welfare and exercise their rights responsibly.
• Every teacher has the responsibility to and must uphold his duty to perform in school and be accountable for the efficient and effective attainment of specific learning objectives.

They must render regular reports on the performance of each student and to the latter and the latter’s parents or guardians for improvement. Teachers must assume responsibility to maintain his professional growth and professionalism. They must refrain making bias decisions or student favoritism.

• School administrator’s obligations are to develop and maintain a healthy school atmosphere that is conducive to promotion and preservation of academic freedom and effective teaching and learning.
• Assume a professional behavior and render adequate reports to teachers and staffs on their actual performance.

They must observe due process in disciplining his teachers and maintain adequate records and submit required reports to the Ministry of Education, Culture and Sport. Academic non-teaching personnel’s are the support personnel. They provide the latest trends and techniques in teaching.

Chapter 2 NON-FORMAL EDUCATION AND SPECIALIZED EDUCATIONAL SERVICES The specialized educational services is hereby mandated to provide, within services to meet special needs in the formal educational system. There are basic policies that was enacted t embody the general provisions of this act and this includes (1) work education or practical arts, (2) special education and (3) non-formal education.

Work education aims to develop the right attitudes towards work; ad “technical- vocational education”, post-secondary but non-degree programs leading to one-two, or three-year certificates in preparation for a group of middle-level occupations. Special education on the other hand is for persons who are physically, mentally, emotional, socially, or culturally different from the so-called “normal” individuals that they require modification of school; practices/services to develop them to their maximum capacity.

While in ‘non-formal education’, it can be any organized school- based educational activities undertaken by the Ministry of Education, Culture and Sports and other agencies aimed at attaining specific learning objectives Non formal education and specialized educational services as well as indigenous education are destines to create non-degree programs designed to create immediate opportunities for livelihood and personal development.

Chapter 3 ESTABLISHMENT OF SCHOOLS All schools shall be established in accordance with law, establishment of new national schools and the conversions of existing schools from elementary to national secondary schools or from secondary to national, secondary or tertiary school shall be by law.

Private schools must be organized as nonstock corporations first before it could officially open. This is in accordance with the corporation code which mandates that schools are duly established in institution of learning or educational institutions if the educational corporations shall be governed by special laws and by the general provisions.

Public schools are educational institutions and stablished and administered by the government. Private schools are educational institutions maintained and administered by private individuals or groups. In other words, school may be either public school or private school.

In recognizing a school, the educational operations of schools shall be subjected to prior authorization of the government and shall be affected by recognition. The rules and regulations governing recognition shall be prescribed and enforced by the Ministry of Education, Culture and sports, defining there in who are qualified to apply.

Providing for a permit system stating the conditions for the grant of recognition and for its cancellation and withdrawal and providing for related matters. Private schools can operate only when duly authorized and recognized however, public schools are deemed authorized upon their establishment.

• If there are recognitions, there will also be punishments and violations, the effects of recognition punishable violations; the issuance of a certificate of recognition to a school shall have the following effects.
• First, each chance forms the temporary permit to a permanent authority to operate.
• Second, it entitles the school or college to give the students who have completed the course.

For which recognition is granted a certificate, title or diploma. And third, it shall entitle the students who have graduated from schools, course or courses to all the benefits and privileges enjoyed by graduates in similar courses or studies in all schools recognized by the government.

• The Ministry shall encourage programs of voluntary accreditation.
• For institutions which desire to meet standards of quality over and above the minimum required for state recognition.
• Chapter 5 SCHOOL FINANCE AND ASSISTANCE It is hereby declared that to be the policy of the state that the national government shall contribute to the financial support of educational programs pursuant to the goals of the education as declared in the Constitution.

To this end, the government shall adopt measures to broaden access to education through financial assistance and other forms of incentives to schools, teachers, pupils and students and encourage and stimulate private support to education through a fiscal and other assistance measures.

• Public schools shall continue to be funded primarily from the national funds provided that local governments shall be encouraged to assume operation of local public schools on the basis of national fund participation.
• Province, cities and municipalities local government shall appropriate funds in their annual budgets for the operation and maintenance of public secondary schools on the basis of national fund participation.

In Section 37, Special Education Fund stipulates the proceeds of the Special Education Fund. Occurring to local governments shall be used exclusively for the purposes enumerated in section one of Republic Act number 5447 and in accordance with the rules and regulations issued by the Ministry of Education, Culture and Sports, and Ministry of the Budget.

• Such proceeds shall be considered a local fund and shall be subject to Presidential Decree number 477, Presidential Decree number 1375 and other applicable local budget laws and regulations.
• Secondary and postsecondary schools may charge tuition fee and other school fees in order to improve facilities to accommodate more students.

Government supported educational institutions may receive grants, legacies, donations, and gifts for purposes allowed by existing laws. Under Section 4, Article 14 of 1987, all grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax.

1. The government may provide aid to the programs of private schools in the form of grants or scholarships or loans from government financial institutions.
2. The proceeds from the tuition, fees and other school charges, shall be treated as income institutional funds.
3. The government shall provide an incentive program to encourage the participation of the community in the development of educational sector.

Real property such as lands, buildings and other improvements they’re on, used actually directly and exclusively for educational purposes shall be subjected to real property tax provided that all the proceeds from the payment thereof shall accrue to a special private education fund, which shall be maintained, managed and disbursed by a local private school board.

1. All gifts or donations in favor of any school, college or university recognized by the government shall not be subject to tax.
2. All earnings from the investment of any duly established scholarship fund of any school, add fund by the school if said earnings are actually used to fund additional scholarship grants to financially deserving students, shall be exempt from tax until the scholarship fund is fully liquidated when the outstanding balance there off shall be subject to tax.

Any educational institution, shall be considered exempt from tax, if the total proceeds of the sale are reinvestigate invested in a new or existing duly established school university located in the dispersal site within one year. An educational institution may convert itself into a nonstock nonprofit educational foundation in accordance with implementing rules.

The government shall provide financial assistance to financially disadvantaged and deserving students. Such assistance may be in the form of state called scholarship grants in aid assistance from the Educational Loan Fund. Or subsidized tuition rates in state colleges and universities. Chapter 2 BOARD OF HIGHER EDUCATION The Board of Higher education, the higher education will be geared towards the provision of better quality education, the development of middle and high level manpower and the intensification of research and extension activities.

Its main purpose is to achieve equity efficiency and high quality in the institutions of higher learning. In both public and private schools, so that together, they will provide a complete set of program offerings that need boost, national and regional development needs.

• The Board of Higher Education is reconstituted as an advisory body to the Ministry of Education, Culture, and Sports.
• The Board shall be composed of a deputy Ministry of Education, Culture, and Sports, a signature as a chairman and four other members to be appointed by the President of the Philippines upon nomination by the Ministry of Education, Culture and Sports for term of four years.

The functions of the Board of Higher education are to make policy recommendations regarding the planning and management of the integrated system of higher education and the continuing evaluation thereof. Also, they recommend to the Ministry of Education, Culture and Sport steps to improve the governance of the various proponents of the higher education system of national and regional levels and lastly, the Board of Higher Education assist the Ministry of Education, Culture and sports in making recommendations relative to the generation of resources and their allocation for higher education.

Chapter 3 THE BUREAU OF MINISTRY (NOW DEPARTMENT) The bureau of elementary education shall perform the following; first, to conduct studies and formulate, develop, and evaluate programs and educational standards for elementary education. Undertake studies necessary for the preparation of prototype curricular sites, instructional materials and teacher training programs for elementary education and formulate guidelines to improve elementary school physical plants and equipment and general management of these schools.

On another hand, the Bureau of Secondary education’s responsibility is to conduct studies and formulate, develop, and evaluate programs and educational standards for the secondary education. They will also develop curricular designs, prepare instructional materials, and prepare and evaluate programs to upgrade the quality of the teaching and non-teaching staff at the secondary level and formulate guidelines to improve the secondary physical plants and general management of these schools.

In the Bureau of Technical and Vocational Education, they are to collaborate with other agencies in the formulation of manpower plants. They are to conduct studies from late develop and will wait postsecondary vocational, technical programs and recommend educational standards for these problems. And lastly, develop curricular designs and prepare instructional materials, prepare and evaluate programs to upgrade the quality of teaching and non-teaching staff and formulate guidelines to improve the physical plant and equipment of postsecondary vocational technical schools.

The Bureau of Higher Education will develop, formulate, and evaluate programs, projects, and educational standards for higher education. They will also provide staff assistance to the Board of Higher Education in its policy, formulation and advisory functions and provide technical assistance to encourage institutional development programs and projects.

They will also compile, analyze and evaluate data on a higher education and plastic perform other functions provided, but for the law. Likewise, the Bureau of Continuing Education as the main implementing arm of the non-formal education programs of the ministry, shall provide the learning programs or activities that shall first serve as a means of meeting the learning needs of those unable to avail themselves of the educational success and programs of formal education.

Second, they provide opportunities for the acquisition of skills necessary to enhance and ensure continuing employability efficiency, productivity, and competitiveness in the labor market. And serve as a means for expanding access to educational opportunities to citizens of varied and rest demographic characteristics and social economic regions of status.
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Who signed education Act of 1982?

The Philippine Education System Three Decades after the Passage of the Education Act of 1982 The vestiges of a bygone era have now come to haunt us. This day marks the 30th anniversary of the passage of Batas Pambansa (BP) Blg.232, more popularly known as the Education Act of 1982, signed into law by then President Ferdinand Marcos on September 11, 1982.

1. This seminal law governs both formal and nonformal education systems in public and private schools in all levels of instruction in the country.
2. With the lifting of Martial Law, then President Marcos needed a law that would circumscribe all his past decrees pertaining to education, all the while agreeing to recommendations of various financial institutions, particularly the World Bank, so as to usher in more foreign debt.

The Education Act of 1982 is the embodiment of Marcos’ blatant maneuvering– a powerful law that reoriented the Philippines’ education system in the guise of national development, all the while toeing the line dictated by US imperialist interest. As with all Marcos-era legislations, the Education Act of 1982 disguised itself as landmark law that would democratize access in education.

1. However, BP 232 reoriented the Philippine education system from playing an integral role in national development, pursuit of knowledge, and flowering of culture and the arts towards being profit-oriented and producing graduates that would feed the global need for cheap labor.
2. The Education Act transmogrified Philippine schools into money-making machines, flaunting the then alien concept of commercialization, which treats education as a commodity, a rare privilege given to only those who can afford it.

One of the most pernicious provisions of the Education Act is Section 42, which pertains to tuition and other fees. It states, “Each private school shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by schools pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry of Education, Culture and Sports.” The said provision effectively granted school owners the unlimited authority to raise tuition fees, and even repealed an earlier law – Presidential Decree 451 – which states that 60 percent of tuition fee hikes be allotted to teachers’ salaries and benefits.

Three decades hence, the Philippine education system has drowned in the murky waters of commercialization. Due to the Education Act, the government has failed to regulate tuition increases in the country, rendering both the Department of Education (DepEd) and the Commission on Higher Education (CHED) – agencies that have been borne out of later revisions to BP 232 – useless paper tigers, especially in curbing annual tuition hikes.

However, a closer scrutiny on the jurisprudence under the said law reveals that DepEd and CHED should not act as toothless agencies. Under BP 232, agencies that govern the education system in the country can and should impose rules and regulations on tuition and other fees.

• In a landmark decision in the case Lina vs Cariño in 1993, the Supreme Court itself recognized the legal authority of the then secretary of the Department of Education, Culture and Sports (DECS) to impose “maximum permissible rates or levels” for tuition and other fees.
• The high court also ruled that implementing guidelines should be drawn regarding the collection of tuition and other fees.

Despite the said ruling, DepEd and CHED both remained inutile in controlling the spiralling cost of education. At times, these agencies even act as defendants for private schools, justifying instead of stopping tuition increases. Due to the deregulated nature of tuition under the Education Act, tuition in private schools has risen to skyrocketing levels.

According to the National Union of Students of the Philippines, the national average of tuition and other fees in private higher educational institutions has increased from P257.41 in 2001 to P501.22 in 2010. Also, the incessant tuition hikes in private schools have driven students to enrol in public schools, thereby bloating enrolment in public higher education institutions in the past 30 years.

To illustrate, public elementary schools have 7.5 million more students than the private sector in 1980. By 2010, the difference reached up to 11.6 million. Such mass migration of students led to the current ills of basic education – the dearth of classrooms, textbooks, and other facilities.

The situation has been further aggravated by the government’s policy of underspending for education. What’s more, the spiralling cost of education – coupled with the stagnant wages and rampant unemployment in the country – has caused the steady increase in the drop-out rates in the country. According to a 2009 study by the Philippine Institute for Development Studies, for every 100 pupils who enter Grade 1, only 86 will continue to Grade 2.

By Grade 4, 76 will remain, while only 65 will graduate from elementary. Of this number, only 58 will enter high school, and 42 of them would graduate basic education. Paving the path to state neglect The Education Act of 1982 was the primary framework that gave rise to succeeding government platforms for education.

The said law has set the precedent for the notion that schools, even those sponsored by the state, should generate their own income and become self-sustaining. An example would be Section 39 of BP 232, which encourages schools to pursue income-generating projects, and Section 33 and 53, which likewise encourages assistance and support from private entities.

Succeeding administrations have taken their cue from Marcos’ Education Act. By 1996, President Fidel Ramos first implemented the Long-term Higher Education Development Plan (LTHEDP), which sought to increase cost-efficiency and global competitiveness of public higher education.

Ramos then signed the Higher Education Modernization Act (HEMA) in 1997, which pushed state universities and colleges to enter partnerships with the private sector and generate higher internal income. In 2001, President Gloria Arroyo revived the LTHEDP and pushed state schools to earn more, while government funding for education dwindled.

At present, the Aquino administration posts two plans for the education system – the K to 12 (K-12) Program for basic education and the Roadmap for Public Higher Education Reform (RPHER) for tertiary education. K-12 seeks to add two more years to the country’s current 10-year basic education cycle.

1. However, such move translates to added economic burden for families, and additional income for private school owners.
2. Meanwhile, Aquino’s RPHER basically rehashes Ramos and Arroyo’s plan to reduce state obligation to higher education and push state schools to be self-sustaining.
3. A failed social experiment Since the inception of the Education Act of 1982, critics have been vocal about how it would eventually create a “nation of English-speaking technicians as well as skilled and semi-skilled workers in the service of the expanding manpower needs of US and other foreign corporations.” Thirty years hence, we suffer from the grave repercussions of this law.

The Education Act is a failed social experiment that not only led to the deterioration of our country’s education system, but also to the maximization of exploitation of Philippine resources, particularly, our workforce. Borne out of World Bank’s structural adjustment policies in the 1980s, we now bear the brunt of the Education Act’s impact in our nation’s job generation, industrialization, and economy.

Now, more than ever, there resounds a call not only to repeal BP 232, but to reorient the Philippine education system towards being nationalist, scientific, and mass-oriented – an education system that seeks to increase knowledge instead of profit, an education system that teaches Filipinos the value of national industrialization instead of driving them to foreign lands to work.

The vestiges of a bygone era have come to haunt us, yet we should not cower in fear. To move forward towards the reorientation of our education system, we must first extinguish the ghosts of the turbulent past. : The Philippine Education System Three Decades after the Passage of the Education Act of 1982
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