Summary of Legal Foundations and Policy Basis of IPEd

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SUMMARY OF LEGAL AND POLICY BASIS OF IP EDUCATION

LEGAL/POLICY PROVISION
BASIS
Constitution of the Republic of the Philippines

Article II, The State shall give priority to education, science and technology,
Section 17 arts, culture and sports to foster patriotism and nationalism,
accelerate social progress and promote total human liberation and
development;
Article XIV The State shall protect and promote the right of all citizens to
Section 1 quality education at all levels and shall take appropriate steps to
make such education accessible to all;
Art XIV Sec. The State shall establish, maintain and support a complete,
2, par. 1 adequate, and integrated system of education relevant to the
needs of the people and society;
Art. XIV, Sec. the State shall encourage, recognize and support Indigenous
2, Par. 4 Peoples’ Education/Indigenous Peoples’ Learning Systems, non-
formal, informal, as well as self-learning, independent and out-of-
school study programs particularly those that respond to
community needs;
Art. XIV, Sec. The State shall recognize, respect, and protect the rights of
17 indigenous cultural communities/indigenous peoples to preserve
and develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and
policies.
Art XIV, Sec. The State shall take into account regional and sectoral needs and
5, par. 1 conditions and shall encourage local planning in the development
of educational policies and programs

Art XIV, Sec. The State recognizes the complimentary roles of public and
4, par. 1 private institutions in the educational system and shall exercise
reasonable supervision and regulation of all educational
institutions
Art XIV, Sec. The State shall establish and maintain a system of scholarship
2, par. 3 grants, student loan programs, subsidies and other incentives
which shall be available to deserving students, especially the
indigenous peoples and the under privileged, in both public and
private schools.
LEGAL/POLICY PROVISION
BASIS
Education Act of 1982
Chapter II, The State shall promote the right of every individual to relevant
Section 3, quality education regardless of sex, age, creed, socio-economic
second to the status, physical and mental conditions, racial or ethnic origin,
last political or other affiliation. The State shall therefore promote and
paragraph maintain access to quality education as well as the enjoyment of
the benefits of education by all its citizens.

Chapter II, The State shall promote the right of the ICCs/IPs to develop
Sec. 3, No. 3, themselves within the context of their cultures, customs,
last par. traditions, interests and beliefs and recognizes education as an
instrument for their maximum participation in national
development and in ensuring their involvement in achieving
national unity
Education for All (1990)

Ensure that by 2015 all children, particularly girls, those in difficult


circumstances, and those belonging to ethnic minorities, have
access to and complete, free, and compulsory primary education
of good quality.
Ensure that the learning needs of all young people and adults are
met through equitable access to appropriate learning and life-
skills programs.

Indigenous Peoples Rights Act of 1997

Chapter V, The State shall, through the NCIP, provide a complete adequate
Section 28: and integrated system of education, relevant to the needs of the
children and young people of the ICCs/IPs

Chapter VI, The State shall provide equal access to various cultural
Sec. 30: opportunities to the ICCs/IPs through the educational system,
public or private cultural entities, scholarships, grants and other
incentives without prejudice to their right to establish and control
their educational systems and institutions by providing education
in their own language, in a manner appropriate to their cultural
methods of teaching and learning. Indigenous children/youth
shall have the right to all levels and forms of education of the
State.
IPRA In consultation with the ICCs/IPs the NCIP shall work, in
Implementing collaboration with the Department of Education (DepEd), the
Rules and Commission on Higher Education (CHED) and with private and
Regulations, public schools at all levels towards the development of
Rule V, Social appropriate programs and projects related to the following:
Justice and a. The curricula and appropriate teaching materials and
Human resources
Rights, b. The equitable distribution, selection and implementation of
Section 8: scholarship programs
Right to c. Appropriate career development
Education: d. Training of teachers for IP communities
e. Inclusion of IPs resistance to colonization in the academic
curricula, in the context of IPs assertion and defense of their
freedom, independence and territorial integrity and culture,
and
f. Establish schools of living tradition and cultural heritage.
g. embedded
International Instruments adopted by the Philippines
UNDRIP, The State in conjunction with the Indigenous peoples shall take
Article 13, effective measures in order for indigenous individuals, particularly
par. 3 children, including those living outside their communities, to have
access, when possible, to an education in their own culture and
provided in their own language.

UNDRIP The State shall respect and recognize the right of Indigenous
Article 14, peoples to establish and control their educational systems and
par. 1 institutions providing education in their own languages, in a
manner appropriate to their cultural methods of teaching and
learning.

UNDRIP Art. The State shall respect and recognize the right of Indigenous
13, par. 3 Peoples to revitalize, use develop and transmit to future
generations their histories, languages, oral traditions,
philosophies, writing systems and literatures, and to designate
and retain their own names for communities, places and persons.

ILO C169 Part The State shall ensure that education programmes and services
VI, Art. 27, for indigenous peoples shall be developed and implemented in
Par. 1 cooperation with them and shall address their special needs,
incorporate their histories, Indigenous Knowledge Systems and
Practices, spirituality and value systems and will further their
social economic and cultural aspirations.
RA 10533: Enhanced Basic Education Act of 2013

• Sec 2 (c) Make education learner-oriented and responsive to the


Declaration needs, cognitive and cultural capacity, the circumstances and
of Policy diversity of learners, schools and communities through the
appropriate languages of teaching and learning, including mother
tongue as a resource.
• Sec 5 The DepED shall adhere to the following standards and
Curriculum principles in developing the enhanced basic education curriculum:
Developmen (a) …learner-centered, inclusive and developmentally appropriate
t (b) … relevant , responsive and research-based
(c) … culture-sensitive
(d) … contextualized and global
(e) … use pedagogical approaches that are constructivist, inquiry-
based, reflective, collaborative, integrative
(f)… adhere to the principles and framework of MTB-MLE
(g)… use the spiral progression approach to ensure mastery of
knowledge and skills after each level
(h) … flexible enough to enable and allow schools to localize,
indigenize and enhance the same based on their respective
educational and social contexts. The production and development
of locally produced teaching materials shall be encouraged and
approval of these materials shall devolve to the regional and
division education units.

Implementing The State shall implement programs designed to address the


Rules and physical, intellectual, psycho social and cultural needs of learners
Regulations which shall include programs for the gifted and talented, learners
(IRR) -RA with disabilities, madrasah program, indigenous peoples
10533, education program, programs for learners under difficult
Section 8 circumstances. Specifically for Indigenous Peoples, the State
shall support programs that support education initiatives
undertaken through formal, non-formal and informal modalities
with emphasis in any of, but not limited to the key areas of:
Indigenous Knowledge Systems and Practices, Community
History; Indigenous languages, Indigenous Learning Systems and
Community Life Cycle Based Curriculum and Assessment;
Education Goals, Aspirations, and Competencies specific to the
Indigenous Cultural Community; Engagement of Elders and other
community members in the teaching-learning process;
assessment, and management of the initiative, recognition and
continuing practice of the community indigenous learning system;
and the rights and responsibilities of ICCs.
OTHER DEPED ORDERS RELEVANT TO IP EDUCATION

DEPED HIGHLIGHTS
ISSUANCE
PERMIT TO OPERATE PRIMARY SCHOOLS FOR INDIGENOUS
• DepED Order
PEOPLES AND CULTURAL COMMUNITIES
42 s 2004
• Curriculum
• Teachers
• School calendar

(superseded by DO 21, s 2014)


THE ALTERNATIVE LEARNING SYSTEM (ALS) CURRICULUM FOR
• DepED Order
INDIGENOUS PEOPLES EDUCATION
101 s 2010
• Core Curriculum for ALS in IP areas

Dept. Order ADOPTING THE NATIONAL INDIGENOUS PEOPLES’ EDUCATION


62, s 2011 POLICY FRAMEWORK

Dept. Order CREATION OF THE IP EDUCATION OFFICE (IPSEO) OF DEPED


103, s 2011

Dept. Order IMPLEMENTING RULES AND REGULATIONS OF RA 10533


43, s 2013 OTHERWISE KNOWN AS THE ENHANCED BASIC EDUCATION ACT

Dept. Order GUIDELINES ON THE RECOGNITION OF PRIVATE LEARNING


21, s 2014 INSTITUTIONS SERVING INDIGENOUS PEOPLES LEARNERS

Dept. Order GUIDELINES ON THE CONDUCT OF ACTIVITIES AND USE OF


51, s 2014 MATERIALS INVOLVING ASPECTS OF INDIGENOUS PEOPLES
CULTURE

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