CHAPTER 2

Section 4. Declaration of Policy. – The Bangsamoro Education System shall promote and protect the constitutional right of all to quality and accessible education at all levels and to establish, maintain and support a complete, adequate, and integrated system of education relevant and responsive to the needs, ideals and aspirations of the Bangsamoro People. The Bangsamoro Educational System is a subsystem of the national education system.

According to this, the Bangsamoro Government shall:

a.Promote, affirm and strengthen the Bangsamoro Peoples’ distinct historical identity and long struggle to chart their own destiny as a people and their ambition to build a future where all can live together in justice and peace;

b.Establish, maintain and supervise an education system where the processes, inputs, outputs and outcomes of education adhere to a set of standards;

c.Establish, maintain and supervise a strong early childhood care and education that puts emphasis on the social, emotional, cognitive, physical and spiritual needs of the child for a strong foundation of learning and well-being all throughout life.

d.Establish, maintain and supervise basic education in both the school system and madrasah system to meet learning needs and provide the foundation on which subsequent learning can be based;

e.Establish, maintain and supervise alternative learning modalities;

f.Establish, maintain and supervise higher education which shall produce high-level and middle-level professionals who, as productive and effective citizens, contribute actively to community and national development;

g.Establish, maintain, and supervise technical education and skills development which will develop the middle level professionals;

h.Encourage lifelong learning and continuing education for all Bangsamoro Peoples to develop their knowledge, values and competencies beyond the regular schooling years;

i.Develop, adopt and implement the standards for qualification outcomes and support the development of pathways and equivalencies that enable access to qualifications aligned with national and international qualifications framework;

j.Establish, maintain and supervise an indigenous education system to provide equitable access to quality education for indigenous peoples (IP) learners and maintain, protect and promote IP culture and tradition;

k.Establish and maintain a system of mobilizing resources and financing to enable educational institutions to achieve the Bangsamoro education standards and to enable learners to have access to quality education; and

l.Ensure the application of moral governance at all levels in the education system.

II. THE EDUCATION COMMUNITY

Section 1. Declaration of Policy and Objectives - It is declared Bangsamoro Government policy to foster, at all times, a spirit of shared cooperation among the members and elements of the educational community, and between the community and other sectors of society, in the realization that only in such an atmosphere can be true goals and objectives of education be fulfilled.

Moreover, the Bangsamoro Government shall:

a. Aid and support the natural right and duty of parents in the rearing of the youth through the educational system.

b. Promote and safeguard the welfare and interest of the students by defining their rights and obligations, according them privileges, and encouraging the establishment of sound relationships between them and the other members of the school community.

c. Promote the social economic status of all school personnel, uphold their rights, define their obligations, and improve their living and working conditions and career prospects.

d. Extend support to promote the viability of those institutions through which parents, students and school/education institution personnel seek to attain their educational goals.

Section 2. Definition and Coverage - "Educational community" refers to those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems.

The members and elements of the educational community are:

a. "Parents" or guardians or the head of the institution or foster home which has custody of the learner.

b. “Learners," or those enrolled in and who regularly attend a public or private basic educational institution, whether in a formal, non34 formal or informal settings, and those at the higher level engaged in formal study, non-formal and informal education pursuits.

c. “School/education institution personnel," or all persons working for an educational institution, which includes the following:

d. “Teaching or academic staff," or all persons engaged in actual teaching and/or research assignments, either on full5 time or part-time basis, in all levels of the educational system.

e. “School administrators," or all persons occupying policy implementing positions having to do with the functions of the school in all levels.

f. “Academic non-teaching personnel," or those persons holding some academic qualifications and performing academic functions directly supportive of teaching, such as registrars, librarians, research assistants, research aides, and similar staff.

g. “Non-academic personnel," or all other school personnel not falling under the definition and coverage of teaching and academic staff, school administrators and academic non20 teaching personnel.

h. “Schools," or institutions recognized by the Bangsamoro government which undertake educational operations.

Section 3. Community Participation. - Every educational institution shall provide for the establishment of appropriate bodies through which the members of the educational community may discuss relevant issues, and communicate information and suggestions for assistance and support of the school and for the promotion of their common interest.

Representatives from each subgroup of the educational community shall sit and participate in these bodies, the rules and procedures of which must be approved by them and duly published.

CHAPTER 2

Section 4. Rights of Parents - In addition to other rights under existing laws, all parents who have children enrolled in a school have the following rights:

a. The right to organize by themselves and/or with teachers for the purpose of providing a forum for the discussion of matters relating to the total school program, and for ensuring the full cooperation of parents and teachers in the formulation and efficient implementation of such programs.

b. The right to access to any official record directly relating to the children who are under their parental responsibility.

Section 5. Right of Learners in School/Education Institution - In addition to other rights, and subject to the limitation prescribed by law and regulations, and learners in all schools shall enjoy the following rights:

a. The right to receive relevant quality education in line with national and regional goals and conducive to their full development as persons with human dignity.

b. The right to freely choose their field of study subject to existing curricula and to continue their course therein up to graduation, except in cases of academic deficiency, or violation of disciplinary regulations.

c. The right to school guidance and counseling services for decisions and selecting the alternatives in fields of work suited to his potentialities.

d. The right of access to his own school records, the confidentiality of which the school shall maintain and preserve.

e. The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty days from request.

f. The right to publish a student newspaper and similar publications, as well as the right to invite resource persons during assemblies, symposia and other activities of similar nature.

g. The right to free expression of opinions and suggestions, and to effective channels of communication with appropriate academic channels and administrative bodies of the school or institution.

h. The right to form, establish, join and participate in organizations and societies recognized by the school to foster their intellectual, cultural, spiritual and physical growth and development, or to form, establish, join and maintain organizations and societies for purposes not contrary to law.

i. The right to be free from involuntary contributions, except those approved by their own organizations or societies.

Section 6. Rights of all School Personnel - In addition to other rights provided for by law, the following rights shall be enjoyed by all school personnel:

a. The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution.

b. The right to be provided with free legal service by the appropriate government office in the case of public school personnel, and through the school authorities concerned in the case of private school personnel, when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies.

c. The right to establish, join and maintain labor organizations and/or professional and self-regulating organizations of their choice to promote their welfare and defend their interests.

d. The right to be free from involuntary contributions except those imposed by their own organizations.

Section 7. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy the following rights and/or privileges:

a. 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.

b. The right to intellectual property consistent with applicable laws.

c. 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.

d. 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.

Section 8. Special Rights of School Administration – School administrators shall, in accordance with existing laws, regulations and policies of the Ministry of Basic, Higher and Technical Education, be accorded sufficient administrative discretion necessary for the efficient and effective performance of their functions.

School administrators shall be deemed persons in authority while in the discharge of lawful duties and responsibilities, and shall therefore be accorded due respect and protection.

Section 9. Rights of Schools/Education Institutions. - In addition to other rights provided for by law, schools shall enjoy the following:

a. The right of their governing boards or lawful authorities to provide for the proper governance of the school/education institution and to adopt and enforce administrative or management systems.

b. The right for institutions of higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of the study and research.

CHAPTER 3

Section 10. Duties of Parents. - In addition to those provided for under existing laws, all parents shall have the following duties and obligations:

a. Parents, individually or collectively, through the school systems, shall help carry out the educational objectives in accordance with national goals.

b. Parents shall be obliged to enable their children to obtain elementary education and shall strive to enable them to obtain secondary and higher education in the pursuance of the right formation of the youth.

c. Parents shall cooperate with the school in the implementation of the school program curricular and co-curricular.

Section 11. Duties and Responsibilities of Learners - In addition to those provided for under existing laws, every student shall:

a. Exert his utmost to develop his potentialities for service, particularly by undergoing an education suited to his abilities, in order that he may become an asset to his family and to society.

b. Uphold the academic integrity of the school, endeavor to achieve academic excellence and abide by the rules and regulations governing his academic responsibilities and moral integrity.

c. Promote and maintain the peace and tranquility of the school by observing the rules and discipline, and by exerting efforts to attain harmonious relationships with fellow students, the teaching and academic staff and other school personnel.

d. Participate actively in civic affairs and in the promotion of the general welfare, particularly in the social, economic and cultural development of his community and in the attainment of a just, compassionate and orderly society.

e. Exercise his rights responsibly in the knowledge that he is answerable for any infringement or violation of the public welfare and of the rights of others.

Section 12. Teacher's Obligations - Every teacher shall:

a. Perform his duties to the school/educational institution by discharging his responsibilities in accordance with the philosophy, goals, and objectives of the school/educational institution.

b. Be accountable for the efficient and effective attainment of specified learning objectives in pursuance of national development goals within the limits of available school/educational institution resources.

c. Render regular reports on performance of each learner and to the latter and the latter's parents and guardians with specific suggestions for improvement.

d. Assume the responsibility to maintain and sustain his professional growth and advancement and maintain professionalism in his behavior at all times.

e. Refrain from making deductions in learners' scholastic rating for acts that are clearly not manifestations of poor scholarship.

f. Participate as an agent of constructive social, economic, moral, intellectual, cultural and political change in his school and the community within the context of national policies.

Section 13. School Administrators' Obligations - Every school/educational institution administrator shall:

a. Perform his duties to the school/educational institution by discharging his responsibilities in accordance with the philosophy, goals and objectives of the school/educational institution.

b. Be accountable for the efficient and effective administration and management of the school/educational institution.

c. Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom and effective teaching and learning, and to harmonious and progressive school17 personnel relationship.

d. Assume and maintain professional behavior in his work and in dealing with learners, teachers, academic non-teaching personnel, administrative staff, and parents or guardians.

e. Render adequate reports to teachers, academic non-teaching personnel and non-academic staff on their actual performance in relation to their expected performance and counsel them on ways of improving the same.

f. Observe due process, fairness, promptness, privacy, constructiveness and consistency in disciplining his teachers and other personnel.

g. Maintain adequate records and submit required reports to the Ministry of Basic Higher and Technical Education.

Section 14. Obligations of Academic Non-Teaching Personnel - Academic non-teaching personnel shall:

a. Improve himself professionally by keeping abreast of the latest trends and techniques in his profession.

b. Assume, promote and maintain an atmosphere conducive to service and learning.

c. Promote and maintain an atmosphere conducive to service and learning.

CHAPTER 2

Education Learning Systems

Section 1. Education Delivery. - Education shall be delivered through formal, non-formal and informal learning systems:

“Formal Learning System" refers to the hierarchically structured and chronologically graded learning organized and provided by the formal education institution and results in a certification that shows the educational progress of the students through grades or educational levels encompassing all levels. Formal Learning System includes school and madrasah for basic education and higher education.

“Non-Formal Learning System” refers to any organized educational program that is not structured hierarchically and chronologically and includes learning programs alternative to formal education and any kind of educational services and training intended to provide specific skills to serve identifiable learning clienteles and learning objectives. Non-Formal Learning System shall include the Alternative Learning System for basic education, early childhood education, adult literacy, training centers and Islamic education, including traditional madrasah, mahad tahfidz Quran, and other parallel forms.

"Informal Learning System” refers to learning that goes on in daily life and can be received from daily experience, such as from family, peer groups, the media and other influences in a person’s environment. It is a type of learning that goes on outside of formal and non-formal education.

 CHAPTER 2

The Levels of Education

Section 1. Levels of Education. – The levels of education in the Bangsamoro shall be as follows:

      a. Basic education consists of elementary and secondary education.

    Elementary Education. – This covers Kindergarten plus six (6) years of Primary Education which can be achieved through the school and/or madrasah systems. It is delivered to provide fundamental knowledge and skills, attitudes, and values which provides the foundation essential to personal development on which subsequent learning can be based.

    Secondary Education. – This covers six years of education as a continuation of elementary education achieved through the school and/or madrasah systems. It is delivered to provide the necessary knowledge and skills, attitudes and values needed for higher learning and for productive endeavor.

b.  Higher Education. – This covers education after completion of secondary education leading to either a degree or with no degree in a specific profession or discipline. It consists of diploma, bachelor, masters, specialized postgraduate programs and doctorate programs. This includes Islamic Higher Education.

c. Technical Education and Skills Development. - Technical Education shall refer to the education process designed at post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, paraprofessionals, and other categories of middle level workers by providing them with a broad range of general education, theoretical, scientific, and technological studies, and related job skills training; Skills development shall mean the process through which learners and workers are systematically provided with learning opportunities to acquire or upgrade, or both, their ability, knowledge , and behavior pattern required as qualifications for a job or range of jobs in a given occupational area. 

IV. BASIC EDUCATION 

CHAPTER 1

General Provisions

Section 1 Declaration of Policy. – The Bangsamoro Government shall establish, maintain, and support an integrated system of quality basic education that shall instill in the learners the foundational knowledge, attitudes, and values and develop the skills essential for the learners to know, to do, to be, and to live together and also to prepare the learners for higher learning if they opt to proceed.  

Section 2 Powers and Functions– The Ministry shall perform the following powers and function in basic education:

a. Formulate general basic education objectives and policies ad adopt educational plans for early childhood care and                 education, elementary and secondary, schooling based on the Bangsamoro Educational Framework;

b. Ensure the high standards of all basic education institutions in the Bangsamoro Region;

c. Develop appropriate curricula, quality textbooks, and teaching materials;

d. Establish linkages with institutions with a track record of excellence to provide pre-service and in-service training for                 teachers and training courses for non-teaching staff;

e. Formulate the annual budget of the Ministry in consultation with Division filed offices and Local Government Units,                 and in coordination with the Bangsamoro Planning and Development Office to ensure support for the implementation                 of the regional and division education plans;

f. Receive and allocate, and disburse funds for basic education, including those for the Division subject to nationally                 and internationally accepted accounting and auditing standards for transparent, effective, and efficient                 implementation of plans and programs;

g. Approve and support the establishment and operation of public and private elementary and high school and learning                 centers;

h. Exercise the powers of selection, recruitment, appointment, and promotion of teaching and non-teaching personnel;

i. Determine the organizational components and approve staffing patterns of the divisions, districts, and schools;

j. Provide specialized education services to learners with special needs in a way that addresses their individual                    differences and learning needs.

k. Promulgate rules and regulations or such guidelines as may be required for efficient and effective administration,                 control and supervision, and regulation of basic educational institutions including Madaris;

l. Delegate such powers, functions, and responsibilities as are appropriate including powers of selection , recruitment,                 appointment, and promotion of teaching and non-teaching personnel;

m. Monitor and evaluate the performances and compliance with Ministry standards of those bodies to which it has                     delegated powers, functions, or responsibilities. ;

n. Evaluate all schools division superintendents and assistant division superintendents in the region;

o. Adopt and implement programs and projects in coordination with various stakeholders for the promotion and                     advancement of both formal and informal education;

p. Propose and recmment measures on basic education for enactment into laws;

q. Establish, promote and foster linkages and conduits with national as well as international academic, research, and                     Islamic-oriented educational and cultural institutions whose objectives are consistent with this Act; and

r. Perform such other functions and powers as may be provided by law.

Section 3. Free and Compulsory Education – The Ministry shall ensure that all learners are grated admission, attendance ,and completion of basic education.                                                                                                                                                                                                                                                          

Section 4. Two Formal Systems in Basic Education – The Bangsamoro Government shall provide two parallel formal systems in delivering quality basic education - the "Public School System" and the "Public Madrasah System". Both systems shall be governed by common standards in matters as such, but not limited to, curriculum and competency, assessment, teachers, textbooks and learning materials, infrastructure, management, and quality assurance. 

CHAPTER 2

Standard Provisions to All Learning Systems

Section 5. Peace Education. – Peace Education shall be an integral part of the Basic Education Curriculum and designed to instill in the learners the nonviolent culture, social justice, and respect for human rights, freedom and inclusivity. 

Section 6. School-Based Management –As far as practicable and under the prociple of subsidiary, scghools shall enjoy greater autonomy in decision-making concerning local matters by ensuring the strong participation of all stakeholders, including school heads, teachers, learners, parents, and the community. 

Section 7. Regulation of Basic Education Services by Foreign Entities. – Following relevant laws and issuances, the Ministry shall have the power to regulate and mange foreign entities providing, supporting, or aiding the provision of any form of basic educational services in the Bangsamoro. 

V. Public School System

CHAPTER 1

General Provisions

Section 1 Levels in the Public School System. – In the public School System, the levels/key are the following:

                                                                                                                                                                                                                                         a.Kindergarten

Section 9. Schools with Special Enrichment Program. – The Ministry shall establish model schools which offer the basic education curriculum and an enriched program for specific learning areas tailored to the interest and inclination of the learners.                                                                                                                                                       

CHAPTER 2

Learning Assessment

Section 1. Types of Assessment. – The Bangsamoro Education System shall develop and implement learning assessment mechanisms which shall cover classroom-based assessment, summative assessment, standardized achievement testing, and system assessment.

Section 2. Classroom-based Assessment. – To monitor the learning progress of learners, teachers shall implement a continuous classroom assessment designed to provide learning feedback to the learners and improve the overall teaching-learning process.

Section 3. Summative Assessment. – To determine the learning attainment of the learners, the schools shall administer a summative assessment as part of the consideration for grade promotion.

Section 4. Standardized Achievement Testing. – As part of the consideration for certifying the learners’ achievement at the designated end of the school level or key stage, the Ministry may administer standardized achievement testing the result of which may be used for

diagnostic and formative purposes at the school level.

Section 5. System Assessment. – To regularly monitor the progress and achievement of basic education at the system level, including school levels and division levels, the Ministry may administer a large-scale system assessment at designated grade levels covering relevant learning outcomes and other factors influencing such outcomes.

Section 6. School Certificate and Diploma. - The Ministry shall set the standards for the issuance of the Kindergarten Certificate, Elementary School Certificate, Junior High School Certificate, and Senior High School Diploma.

 CHAPTER 4

Textbooks and Learning Resources

Section 1. Textbook and Learning Resources Standards. - The Ministry shall establish the standards for textbooks and learning resources. The Ministry shall ensure the availability of textbooks and learning resources which shall undergo a rigorous screening and evaluation process prior to their publication, procurement and distribution.

Section 2. Information and Communication Technology (ICT). – The Ministry shall enable the integration of ICT as part of the learning resources to be made available to all schools.

CHAPTER 5

School Infrastructure

Section 1. Standards for School Infrastructure. – The Ministry shall develop, implement and monitor specific standards governing school infrastructure including provisions for safe, secure and friendly learning environment.

Section 2. Infrastructure Support to Private Schools. - To ensure that all schools meet the infrastructure standards, the Ministry shall provide the necessary support to private schools including, but not limited to, financial assistance and other forms of subsidy.

CHAPTER 6

School Management

Section 1. School-Based Management. - As far as practicable and under the principle of subsidiarity, schools shall enjoy greater autonomy in decision-making concerning local matters by ensuring the strong participation of all stakeholders including school heads, teachers, learners, parents and the community.

Section 2. Moral Governance. – In implementing School-Based Management, schools shall practice moral governance.

Section 3. Engaged Time-on-Task. - To ensure the quality of teaching11 learning, schools shall observe “engaged-time-on-task” by lessening activities that take teachers and/or learners away from the classroom, maximizing the use of the time allotment for every subject, and reducing the non-teaching duties of teachers.

CHAPTER 7

School Financing

Section 1. Responsibility for School Financing. – Subject to existing laws, the responsibility for financing public schools shall be the responsibility of the Bangsamoro Government. For this purpose, the Ministry shall issue guidelines, in close coordination with local government units and local schools boards, for the utilization of all funds

intended for education, including the Special Education Fund (SEF).

Section 2. Bangsamoro Government Support. – The Ministry may provide financial and other support to private schools including, but not limited to, scholarships for qualified learners, operational cost of schools and support to special school development programs.

CHAPTER 8

Quality Assurance

Section 3. Quality Assurance System. – The Ministry shall adopt an accreditation mechanism as part of its external quality assurance process for every school to ensure continuous school improvement and for purposes of public accountability. 

CHAPTER 1

Competency and Curriculum Standards

Section 1. Levels in the Public Madrasah System - In the Public Madrasah Systemm, the levels/key staged are the following:

a.Tahderiyah

b.Grade 1 to Grade 3 (Lower Madrasah Ibtidaiyya)

c.Grade 4 to Grade 6 (Upper Madrasah Ibtidaiyya)

d.Grades 7 to 9 (Madrasah Mutawasith)

e.Grades 10 to 12 (Madrasah Thanawi)

Section 2. Curriculum Structure and Content Standards. – Based on the minimum competency standards for each school level, the Ministry shall develop the curriculum structure and content for each grade level including the time allocation for each subject or learning area. as follows: 

    a.  Tahderiyah Curriculum. – The Tahderiyah curriculum shall be designed to effectively promote the physical, socio-cultural,                     emotional, intellectual and spiritual development of early learners, including Islamic values formation, to sufficiently prepare them for further schooling.

    b. Lower Madrasah Ibtidaiyya Curriculum. – The Lower Madrasah Ibtidaiyya curriculum shall be designed to provide the                             learners with functional literacy encompassing reading, writing, numeracy and technology, Islamic education and Arabic                           language, and the formation of values, and social and emotional skills.

    c. Upper Madrasah Ibtidaiyya Curriculum. – The Upper Madrasah Ibtidaiyya curriculum shall be designed to provide the                              learners with opportunities for enhancement and application of learned literacy and numeracy competencies to varied content areas encompassing language, science, mathematics, social studies, civic education, arts, home economics, Islamic education and Arabic language, and physical education and health.

    d. Madrasah Mutawasith Curriculum. – The Madrasah Mutawasith curriculum shall be designed to provide learners with                            opportunities to learn fundamental concepts at a higher degree of complexity to enable them to live productive lives. The                       curriculum shall cover language, science, mathematics, social studies, civic education, arts, Islamic education and Arabic                         language, physical education and health and technology and livelihood education.

    e. Madrasah Thanawi Curriculum. – The Madrasah Thanawi curriculum shall be designed to provide learners with general                         subjects and the option to choose subject tracks that caters to their interests and inclinations to enable them to prepare for                     higher learning and the world of work. The general subjects shall include language, science, mathematics,

                humanities, social Science, Islamic education and Arabic language, values, and physical education and health. The subject                         tracks shall cover offerings related to the academic, arts and design, sports and technical24 vocational livelihood.

Section 2. Development and Implementation of the Basic Education Curriculum under the Madrasah System. – In the development and implementation of the Basic Education Curriculum, the Ministry shall take into consideration the mental, psychological and spiritual development of the learners, and the learners’ social, cultural and environmental context.

Section 3. Madrasah with Special Enrichment Program. – The Ministry shall establish the model Madrasah with an enriched program tailored to the interest and inclination of the learners which offer the basic education curriculum and an enriched program for specific learning areas.

Section 4. Medium of Teaching and Learning in Basic Education under the Madrasah System. – The medium of teaching and learning used in Tahderiya and Lower Madrasah Ibtidaiyya shall be the mother tongue of the learners, while in Madrasah Mutawasith to Madrasah Thanawi, Arabic language may be used as medium of teaching and learning in addition to English and Filipino.

Section 5. Monitoring, Evaluation and Revision of the Curriculum. – The Ministry shall regularly monitor and evaluate the implementation of the madrasah curriculum and may revise the curriculum accordingly based on the results of the evaluation.

CHAPTER 2

Learning Assessment

Section 1. Types of Assessment. – The Ministry shall develop and implement a learning assessment mechanism consisting of classroom20 based assessment, summative assessment, achievement standardized testing and system assessment.

Section 2. Classroom-based Assessment. – To monitor the learning progress of the learners, madrasah teachers (Asatidz) shall implement a continuous classroom assessment designed to provide learning feedback to the learners and improve the overall teaching-learning process.

Section 3. Summative Assessment. – To determine the learning attainment of the learners at the end of the school year, the madrasahs shall administer a summative assessment as part of the consideration for grade promotion.

Section 4. Standardized Achievement Testing. – The Ministry may administer a standardized achievement testing as a requirement for certifying the learners’ achievement at the end of a designated school level or key stage.

Section 5. System Assessment. – To regularly monitor the progress and achievement of the Bangsamoro Basic Education System, the Ministry shall administer a large-scale system assessment at designated grade levels covering relevant learning outcomes and other factors influencing these outcomes.

Section 6. Madrasah Certificate and Diploma. - The Ministry shall set the standards for the issuance of the Tahderiyah Certificate, Madrasah Ibtidaiyya Certificate, Madrasah Mutawasith Certificate, and Madrasah Thanawi Diploma.

CHAPTER 4

Madrasah Teacher (Asatidz)

Section 7. Qualifications. - Tahderiyah and madrasah teacher16 applicants (Asatidz) must meet the qualifications, including the relevant education background, to qualify for admission into the service as required by the Ministry and the Civil Service Commission.

In the case of madrasah teachers already in the service but who do not meet the qualifications above-stated, the Ministry shall provide the necessary support to enable them to obtain the necessary qualifications as basis for their continued stay in the service.

Section 8. Competency. – All school teachers in the Bangsamoro must have subject mastery and pedagogical competence, and must possess good personality and social and interpersonal skills.

Section 9. Qualifications, Appointments and Promotions of Teachers. – The Ministry shall, jointly with the Civil Service Commission, promulgate rules and regulations setting the standards for madrasah teacher qualifications, appointments and promotions.

Section 10. Professional Development. - The Ministry shall promote the continuing professional development of madrasah teachers to enhance their personal and professional qualities, and to improve their knowledge, skills and practice, leading to the improvement of the quality of the teaching-learning process.

Section 11. Welfare. – The Ministry shall continue to uphold and promote existing policies which guarantee the welfare and benefits of madrasah teachers.

Section 12. Grant of Benefits and Support. – Subject to applicable laws, the Ministry shall ensure that teachers who joined the service professional incentives to teachers already in service prior to their passing the Teacher Licensure Examination shall receive the benefits and support they justly deserve.

Section 13. Teacher Management. – The Ministry shall develop and implement a teacher management system as a platform for gathering, processing, analyzing, storing and managing of teacher-related data and information including, but not limited to, recruitment, placement, appraisal, promotion, development and teacher welfare and benefits.

CHAPTER 5

Textbooks and Learning Resources

Section 1. Textbook and Learning Resources Standards. - The Ministry shall establish the standards for textbooks and learning resources for the Madrasah System. The Ministry shall ensure the availability of textbooks and learning resources for all madrasahs which shall undergo a rigorous screening and evaluation process prior to their publication, procurement and distribution.

Section 2. Information and Communication Technology (ICT). – The Ministry shall enable the integration of the ICT as part of the learning resources to be made available to all madrasahs.

CHAPTER 5

School Infrastructure

Section 1. Standards for Madrasah Infrastructure. – The Ministry shall adopt, implement and monitor the standards governing madrasah school infrastructure including provisions for safe, secure and friendly learning environment.

Section 2. Madrasah Infrastructure Support. - To ensure that all madrasahs meet the infrastructure standards, the Ministry shall provide the necessary support to private madrasahs including, but not limited to, financial assistance and other forms of subsidy.

CHAPTER 7

Madrasah Management

Section 1. Madrasah-Based Management. - Madrasahs shall enjoy greater autonomy in decision-making concerning any aspect of local school affairs by ensuring the strong participation of all stakeholders including school heads, teachers, learners, parents and the community.

Section 2. Moral Governance. – In implementing Madrasah-Based Management, madrasahs shall practice good governance which espouses the principles of participation, responsiveness, efficiency and effectiveness, transparency, ethical conduct, and innovation.

Section 3. Engaged Time-on-Task. - To ensure the quality of teaching29 learning, madrasahs shall observe “engaged-time-on-task” by lessening activities that take teachers and/or learners away from the classroom, maximizing the use of the time allotment for every subject, and reducing the non-teaching duties of teachers.

CHAPTER 7

Private Madrasah Financing

Section 1. Responsibility for Private Madrasah Financing. – Private Madrasah owners and administrators shall be primarily responsible for the madrasah education financing.

Section 2. Government Subsidy. - The Ministry may provide financial and other support to madrasahs including, but not limited to, scholarships for qualified learners, operational cost of the schools and support to special madrasah development programs.

Section 3. Community Support. – The community may provide support to madrasahs in any form for the operation and development of madrasahs.

CHAPTER 8

Quality Assurance

Section 1. Quality Assurance System. – The Ministry shall adopt an accreditation mechanism as part of its external quality assurance process for every madrasah to ensure the continuous improvement of the madrasahs and for purposes of public accountability.

Section 2. Accreditation Cycle. – As part of the continuous improvement process, madrasah accreditation shall be done periodically, the frequency of which shall be determined by the Ministry.

Section 3. Madrasah Improvement Program. – Madrasahs shall be required to use the results of the accreditation as basis for the development of the School/Madrasah Improvement Plan (MIP).

VII. ALTERNATIVE LEARNING SYSTEM 

CHAPTER 1

General Provisions

Section 1. Alternative Learning System for Basic Education (ALS). - The Ministry shall establish, maintain and supervise the Alternative Learning System as a separate pathway to the formal education system to provide all Bangsamoro people the chance to have access to and complete basic education that fits their distinct situation and needs.

Section 2. Curriculum of the ALS. – The Ministry shall develop the curriculum for the ALS for Basic Education parallel to curriculum of the formal education system with emphasis on the inclusion of livelihood subjects and the adoption of a modular scheme of learning.

Section 3. Community-Based Approach. The Ministry shall work closely with the local communities and local government units in the development and operationalization of the ALS Program.

Section 4. Guidance for ALS Implementation. – The Ministry shall develop guidelines and provide technical support for the implementation of the ALS.

Section 5. Equivalency Examination. – The Ministry shall administer the equivalency exam to certify the completion and achievement of the learners of primary and secondary education levels.

VIII. HIGHER EDUCATION

CHAPTER 1

General Provisions

Section 1 Declaration of Policy. – The Bangsamoro Government shall protect, foster, and promote citizen's rights to affordable quality education and shall take appropriate steps to ensure that education shall be accessible to all. The Bangsamoro Government shall likewise provide and protect academic freedom. It shall promote its exercise and observance for the continuing intellectual growth, the advancement of learning and research, the development of responsible and effective leadership, the education of high-level professionals , and the enrichment of our historical and cultural heritage. 

State supported institutions of higher learning shall gear their programs to national, regional, or local development plans. Finally all higher education institutions shall exemplify though their physical and natural surroundings the dignity and beauty of as well as their pride in, the intellectual and scholarly life. 

Section 2. Coverage – The Ministry shall cover all Higher Educational Institutions (HEI's) such as State Universities and Colleges (SUC's), CHED- Supervised Higher Educational Institutions (CHEI's), CHED-ARMM/BARMM Supervised Institutions (BSI's), Private Higher education institutions in the BARMM.

Section 3. Transfer of Powers and Functions – Subject to national policies, the powers and functions devolved to CHED-ARMM pertaining to higher education stipulated in Executive Order No. 315 series of 1996 and its Implementing Rules and regulations embodied in CHED Administrative Order no 8 series of 1996 under RA 7722, are hereby transferred to the Ministry. Specifically, such transfer of functions shall include among others; 

All Programs and projects of the previous CHED-ARMM, whether locally funder or foreign-assisted, in the BARMM, earmarked for i=ir to be implemented in the region, including scholarships and grants, shall be transferred to the Ministry, including its corresponding budgets and assets. 

The Ministry shall avail of the Higher Education Development Fund (HEDF), established under section 10 of RA 7722, based on CHED-approved projects and programs. The fund shall be administered in accordance with the guidelines of the CHED. 

The budget and allocation of CHED-ARMM-BARMM-supervised Higher Education Institutions in the region shall be transferred to the Ministry. 

Section 4. Powers and Functions of the Ministry – The Ministry shall have the following powers and functions:

a.  Formulate and recommend to the executive and legislative branches of BARMM development plans, polices, priorities, grants, and programs on higher education research, including higher Islamic Education in BARMM.

b. Recommend to the Executive and Legislative branches of BARMM, priorities, and grants in higher education and research. 

c. Set minimum standards for programs in and institutions of higher learning for the Islamic Education.

d. Monitor and evaluate the performance of programs and institutions of higher learning in the BARMM and recommend appropriate incentives as well as the imposition of sanctions such as, but not limited to a diminution or withdrawal of subsidy, a downgrading or withdrawal of accreditation, program termination, or closure of HEI;

e. Identify, support, and develop potentials centers of excellence in program areas in the BARMM needed for the development of world-class scholarship, nation-building, and national development;

f. Direct or re-direct purposive research by institutions of higher learning within BARMM to meet the ends of agro-industrialization and development;

g. Review the charters of the institution of higher learning the chairmanship and membership of their governing bodies and recommend the appropriate measures as the basis for necessary action; 

h. Recommend to the Ministry of Finance, Budget, and Management the budgets of public institutions of higher learning as well as general guidelines for the use of their income;

i. Rationalize programs and institutions of higher learning and set standards, policies and guidelines for the creation of new ones as well as the conversion of elevation of schools to institutions of higher leaning in the province or region where creation, conversion or elevation is sought to be made. 

j. Develop criteria for allocating additional resources such as research and program development grants, scholarshipsm and other similar programs provided, however, that these shall not detract from the fiscal autonomy already by colleges and universities within BARMM;

k. Devise and implement resource development schemes for higher learning in the BARMM;

l. Administer the Higher Education Development Fund and other funds intended for the promotion of higher education in the BARMM;

m. Create offices in BAsilan, Lanao del Sur, Maguindanao, Sulu, Tawi-tawi, and the cities of Cotabato, Lamitan, and Marawi purposely to monitor and evaluate the performance of a program of higher education institutions in the province or city and submit reports to receive documentary records for and in behalf of the Commission on Higher Education coming from each higher education institution from each province, city, to verity and evaluate enrollment list, promotional report, permanent scholastic records, and other records to be submitted to the Ministry, and to facilitate the issuance of Special Order (SO) certification, Authentication and Verification (CAV), and other issuances by the Ministry.

n. Promulgate such rules and regulation and exercise such other powers and functions as may be necessary to carry out effectively the purpose and objectives of this Act; and

o. Perform such other functions as necessary for its effective operations and for the continued enhancement, growth, and development of higher Education in BARMM.  

Section 5. Regulatory Functions – The Ministry shall supervise and regulate private schools, including sectariand and non-sectarian institutions of higher education. The functions of the previous CHED-ARMM prescribed in executive Order No. 315, series of 1996 about the grant of authority to establish and operate new private schools/porgrams on higher education in the region, including the cancellation and/or withdrawal of recognition, or restoration of canceled or revoked government recognition, shall be exercised by the Ministry.

CHAPTER 2

Academic Freedom

Section 1 Guarantee of Academic Freedom– Nothing in this Act shall be construed as limiting the  academic freedom of Universities and colleges. In particular, no abridgement of curricular freedom of the individual education institutions shall be made except for (a) minimum unit requirements for specific academic programs; (b) general education distribution requirements as may ne determined; and (c) specific professional subjects as may be stipulated by the various licensing entities. No academic or curricular restriction shall be made upon private educational institutions that are not required for chartered state colleges and universities. 

CHAPTER 3

Section 1 Representation in National Government and Board of Trustees.–Following Article VI Section 11 of Republic Act No. 11054, the Minister or his designated representative sits as ex officio member of the Commission on Higher Education (CHED), the Governing Board of Unified Financial Assistance System for Tertiary Education Act (Republic Act No.10687), and the Private Education Assistance Committee (PEAC).

The Minister or his designated representative is ex officio members of the Board of Regents and Board of Trustees of state colleges and universities and local universities and colleges within the territorial jurisdiction of BARMM.

Section 2 Representation in Governing Boards of SUC's, LUC's, and non-chartered public higher education institutions within the Bangsamoro. - The Minister or his designated representative shall act as Chairman of the Board of Regents/Trustees of the Bangsamoro Tribal University System and all regional colleges and universities that may be created by the Bangsamoro Parliament. The Minister shall also act as Chairman if the Board of Regents/Trustees of all existing non-chartered public higher education institutions within the BARMM. 

CHAPTER 4

Section 1. Incentives – The Ministry shall provide incentives to institutions of higher education public and private, whose programs are accredited or whose needs are for accreditation purposes. 

Section 2. Tax Exemptions - Any donation, contribution, bequest, and grants which may be made to the Ministry shall constitute an allowable deduction from the income of the donor for income tax purposes. It shall be exempt from donor's tax, subject to such conditions as provided under the National Internal Revenue Code, as amended, and the Bangsamoro Internal Revenue Code. 

Section 3 Authority of the Minister - The Minister shall exercise such authority as may be deemed necessary within its premises or areas of operation to carry out its powers and functions effectively. 

Section 4 Transfer of Personnel and Assets- Such personnel, properties, assets and liabilities, functions and responsibilities of the previous Commission on Higher Education- ARMM, including those for higher and tertiary education and degree-granting vocational and technical programs under the Commission on Higher Education-ARMM. and other existing ARMM entities having functions similar to those of the Commissions are hereby transferred to the Ministry. 

Section 5 Authority to Appoint -  The Minister shall have the authority to appoint its personnel.. All regular or permanent employees transferred to the Ministry shall not suffer any loss of seniority or rank or decrease in emoluments subject to the provisions of Republic Act 11054 (Bangsamoro Organic Law), Bangsamoro Administrative Code, and the Bangsamoro Civil Service Code: Provided, however, That any employee who cannot be accommodated shall be given all the benefits as provided for under the Bangsamoro Organic Law, and existing laws, rules, and regulations.

Section 6. Integral Part of the Bangsamoro Educational System. - Any school, college, or university existing in the Bangsamoro Autonomous Regional shall be deemed integral components of the educational system of the Bangsamoro Autonomous Region. Its shall be governed by the respective charters.

CHAPTER 5

Jurisdictions

Section 1 Jurisdiction over BARMM-supervised post-secondary institutions. - The Ministry has jurisdiction over BARMM-supervised or non-chartered state-supported post-secondary degree-granting vocational and technical programs, and tertiary institutions shall be transferred to the Ministry, such as:

a. Upi agricultural School;

b. Balabagan Trade School;

c. Unda Memorial national Agricultural School;

d. Lanao Agricultural College;

e. Hadji Butu School or Arts and Trades;

f. Lapak Agricutural College; and

g. Lapak National School of Fisheries.

The Ministry shall also have jurisdiction over local colleges and universities under its territorial jurisdiction, including the existing Regional Madrasah Graduate Academy. 

Section 2 Authority to Organize the Board of Trustees. - The Ministry shall have the power to organize the Board of Trustees of the abovementioned BARMM-supervised or non-chartered state-supported higher education institutions after massive public consultations. 

Section 3 Jurisdiction Over Existing State Universities and Colleges. - The Ministry shall also have jurisdiction over existing state universities and colleges under its territorial jurisdiction according to the provisions of the Bangsamoro Organic Law, Republic Act No. 7722 (Higher Education Act of 1994), Republic Act No. 8292 (Higher Education Modernization Act of 1997) , and  existing laws, rules and regulations. The existing state universities of the Bangsamoro Organic Law on January 21,2019 are the following:  

a. Mindanao State University (MSU) main campus in Marawi City;

b. Mindanao State University - Lanao National College of Arts and Trades (Marawi City);

c. Mindanao State University - Maguindanao (Datu Odin Sinsuat, Maguindanao);

d. Mindanao State University - Sulu Development and Technical College (Jolo, Sulu);

e. Mindanao State University - Tawi-Tawi College of Technology and Oceanography (Bongao, Tawi-Tawi)

f. Tawi-Tawi Regional Agricultural College (Bongao, Tawi-Tawi);

g. Sulu State College (Jolo, Sulu);

h. Basilan State College (with campuses in Lamitan City, Sta. Clara, and Maluso in Basilan);

i. Adiong Memorial State Polytechnic College (Ditsa- and Ramain, Lanao Del Sur);

j. Cotabato City State Polytechnic College (Cotabato City)

k. University of Southern Mindanao - Buluan, Maguindano Campus;

l. Cotabato Foundation College of Science and Technology (Montawal., Maguindanao Campus);

m. Cotabato Foundation College of Science and Technology (Pikit- BARMM side campus).

CHAPTER 6

Tribal University System

Section 1 Establishments of the Tribal University Sytem -  In accordance with the Bangsamoro Organic Law, the Ministry shall support the creation of a tribal university system to address the higher educational needs of non-Moro indigenous peoples. The Ministry shall undertake studies to contribute effectively to establishing the tribal university system. 

CHAPTER 7

 Islamic Higher Education

Section 1. Provision of Islamic Higher Education. - Higher learning for Islamic and Arabic studies may be provided through Islamic Study programs, schools, institutes, and universities in the Bangsamoro. Islamic higher learning shall instill in the learners' Islamic values necessary for the realization of the Bangsamoro education goals. 

            Section 2. Islamic and Arabic Teacher Education -  Islamic higher education institutions shall be responsible for the preparation of teachers for Islamic Education and Arabic Education in the Bangsamoro. 

            Section 3. Compliance with Higher Education Regulations -  The establishment, operation, and regulation of Islamic Higher Education Institutions shall comply with higher education regulations to be adopted under this Code. 

Section 4. Regulation of Islamic Higher Education - The Ministry shall regulate the provision of Islamic Higher Education in the Bangsamoro. 

 IX. 

Technical Education and Skills Development

Section 1. Declaration of Policy. - It is the policy of the Bangsamoro Government to provide relevant, accesible, high wuality, and efficient technical education and skills development to produce high-quality middle-level manpower in the Bangsamoro. 

Section 2. Mandate - The Ministry is mandated to provide quality technical education and skills development to the people of Bangsamoro.

Section 3. Coverage. – Technical Education shall cover all technical education and skills development (TESD) programs, irrespective of delivery systems – whether formal, non-formal and informal -- aimed at preparing middle-level skilled human resource by providing them with general education, technology-related sciences, and related occupational skills training.

Section 4. Powers and Functions. – The Ministry shall have the following powers and functions:

a. Manage and regulate the Technical-VocationalEducation and Training (TVET) sector in the BARMM through accredication and registration of all TVET program offerings, compliance audits, trainers'', and assesor's training, among others;

b. Address gaos in the formal TVET sectior through the conduct of skills pieces of training in its training centers and in the communities;

c. Ensure TVET quality through the provision of standards and system development services;

d. Conduct of National Competency Assessment and Certification of Workers and TVET graduates.

e. Develop comprehensive training syllabi incorporating desirable work values through the development of moral character with emphasis on work ethic, discipline, self-reliance, and deeo sense of nationalism. 

f. Formulate the Bangsamoro Manpower and Technical Education Skills Development Plan(BMTESDP) to ensure that the skills development system in the Bangsamoro is responsive and relevant to labor market needs, with good coordination between the demand for and supply of skills. 

g. Formulate a Comprehensive BARMM Plan for Middle-Level manpower based on the First Bangsamoro Development Plan;

h. Promote and encourage partnership with various stakeholders, LGUS, and other civic organizations. 

Section 5. TESD Delivery Systems. – Technical Education and Skills Development shall be delivered through:

a.High School Level – Vocational Strand

b.Madrasah Thanawih Level – Vocational Strand

c.Higher Education Level – Diploma Degree Program

d.Specialized Training Centers and Community-Based Trainings (CBT);

e. and other similar schemes

X. INDIGENOUS PEOPLES EDUCATION

Section 1. Purpose of Indigenous Peoples (IPEd) Education. – The Indigenous Peoples Education (IPEd) shall be provided to promote the distinct cultural identity, integrity and heritage of indigenous peoples and communities and ensure the recognition of and respect for all indigenous peoples in the Bangsamoro. Further, IPEd shall be pursued in recognition of the values inherent in and practiced by indigenous communities since time immemorial.

Section 2. IPEd System. – The IPEd System shall deliver teaching32 learning that facilitates inter-generational transmission of indigenous knowledge systems and practices (IKSPs) and indigenous learning systems practiced by indigenous communities.

Section 3. Support for IPEd. - The Ministry shall ensure effective institutional and funding support for IPEd across all education levels of the Bangsamoro Education System. The Ministry shall provide for regular funding in the Ministry budget for IPEd that will ensure support for curriculum development, capacity building for teaching and learning and operations.

Section 4. Education and Cultural Integrity, Identity and Heritage. – All IP learners shall have the right to grow into and exercise their cultural integrity, identity and heritage. To this end, the Ministry shall ensure that IPEd is delivered to ensure the total well-being of all IP learners and enable them to take part in the Bangsamoro education system actively. 

Section 5. Bangsamoro Indigenous Peoples Education Framework (BIPEF). - The Ministry shall formulate, among others, a Bangsamoro Indigenous Peoples Education Framework to guide the implementation of initiatives in support of Indigenous Peoples Education.

Section 6. IPEd Teachers. – In support of the implementation of IPEd in the Bangsamoro, the Ministry may formulate specific policies for IPEd teacher education and other related requirements.

XI. PEACE EDUCATION

Section 1. Purpose of Peace Education. – Peace education shall be provided to instill in the learners the values and knowledge and develop the attitudes, skills and behaviors to live in harmony with oneself, with others, and with the natural environment.

Section 2. Integration of Peace Education. – Peace education shall be a core component of Bangsamoro education strategically integrated into the curriculum of all educational levels.

Section 3. Peace Education Curriculum. - The Ministry shall adopt a Peace Education Curriculum designed to instill amongst the learners the culture of non-violence, social justice and respect for human rights, freedom and inclusivity. Additionally, the peace education curriculum shall be a prescribed program for learners at appropriate educational levels.

Section 4. Support to Peace Education. – The Ministry shall ensure effective institutional and funding support for Peace education System. The Ministry shall provide for regular funding in the Ministry budget for peace Education that will ensure support for curriculum development, capacity building for teaching and learning, and operations. 

XII

Funding of Education Institutions

CHAPTER 1

General Provisions

Section 1. Public Funding. – Public schools/madaris and other public educational institutions shall be funded from public funds.

Section 2. Endowment for Special Education Purposes. – The Ministry shall establish an endowment (waqaf) fund for advanced education, faculty development, research and development for the attainment of the Bangsamoro development goals.

Section 3. Resource Generation. – The Ministry shall adopt resource generation initiatives to finance and expand access to quality education in the Bangsamoro.

Section 4. Financial Assistance to Public Schools or Public Madrasah. - The Bangsamoro Government, in collaboration with the National Government, shall extend financial aid and assistance to public schools and public madrasah established and maintained by local governments, including barangay high schools.

Section 5. Share of Local Government. - Provinces, cities and municipalities and barangays shall be encouraged to appropriate funds in their annual budgets for the operation and maintenance of schools.

Section 6 Special Education Fund. – The Ministry of Basic, Higher and Technical Education, in coordination with the Ministry of Local Government, shall issue policy guidance with respect to the collection, utilization and monitoring of special education fund and other similar funds.

CHAPTER 2

Subsidy for Private Education Institutions

Section 7. Government Support. – The Bangsamoro Government may provide assistance to private educational institutions in the form of grants or scholarships, or loans from government financial institutions, in recognition of their complementary role in the educational system:

Provided, That such programs meet certain defined educational requirements and standards and contribute to the attainment of Bangsamoro and national development goals.

Section 8. Tuition and Other Fees. - Each private education institution shall determine its rate of tuition and other school fees or charges. The rates and charges adopted by private education institutions pursuant to this provision shall be collectible, and their application or use authorized, subject to rules and regulations promulgated by the Ministry.

Section 9. Income from Other Sources. – As may be authorized by law, any private education institution duly recognized by the government, may receive any grant and legacy, donation, gift, bequest or devise from any individual, institution, corporation, foundation, trust of philanthropic organization, or research institution or organization.

Furthermore, private education institutions may be authorized to engage in any auxiliary enterprise to generate income primarily to finance their educational operations and/or to reduce the need to increase learners’ fees.

Section 10. Organizational Funds. - The proceeds from tuition fees and other institution charges, as well as other income of education institutions, shall be treated as institutional funds. Education institutions may pool their institutional funds, in whole or in part, under joint management for the purpose of generating additional financial resources.

CHAPTER 3

Education Incentive

Section 11. Declaration of Policy. –The Ministry may provide an incentive program to encourage the participation of the community in the development of the educational sector.

Section 12. Institution Property. – In accordance with law and regulations, the Ministry shall adopt specific guidelines pertaining to the creation and management of a fund to which shall accrue all proceeds from the payment of real property tax on real property directly and exclusively for educational purposes, in accordance with law and

regulations.

Section 13. Gifts or Donations to Educational Institutions. –Subject to applicable laws, the Ministry shall adopt specific guidelines pertaining to the tax implication of gifts or donation in favor of any school, college or university.

Section 14. Earnings from Scholarship Funds. - Subject to applicable laws, the Ministry shall adopt specific guidelines pertaining to earnings from the investment of any duly stablished scholarship fund of any school or educational institution recognized by the government, constituted from gifts to the school, and/or from contributions or other resources assigned to said fund by the school or education institution.

Section 15. Conversion to Educational Foundations. – The Ministry shall adopt specific rules governing the conversion of educational institutions either into a non-stock, non-profit educational foundation.

CHAPTER 4

Assistance to Learners and Education Institutions

Section 16. Government Assistance to Learners. – Subject to the provisions of existing laws and in collaboration with relevant national government agencies, the Bangsamoro Government shall provide financial assistance to financially disadvantaged and deserving learners including learners affected by social, political and natural disasters. Such assistance may be in the form of government scholarships, grants-in-aid, assistance from the Educational Loan Fund, or subsidized tuition rates in schools, State colleges and universities.

All the above and similar assistance programs shall provide for reserve quotas for financially needed but academically qualified learners from the cultural communities, including IP learners.

Section 17. Grant of Scholarship Pursuant to Existing Laws. – Schools and higher educational institutions shall be encouraged to grant scholarships to learners pursuant to the provisions of existing laws and such scholarship measures as may hereafter be provided for by law.

Section 18. Assistance from the Private Sector. - The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance to learners, especially those undertaking research in the fields of science and technology or in such projects as may be necessary within the context of regional and national

development. 

CHAPTER 5

Assistance to Teachers and Learning Facilitators

Section 19. Government Assistance to Teachers and Learning Facilitators. – Subject to the provisions of existing laws and in collaboration with relevant national government agencies, the Bangsamoro Government shall provide financial assistance to teachers and learning facilitators. Such assistance may be in the form of government scholarships, grants-in-aid, assistance from the Loan Fund, or subsidized tuition rates for further studies.

Section 20. Grant of Scholarship Pursuant to Existing Laws. – The Bangsamoro Regional Government shall be encouraged to grant scholarships in support of the professional development of teachers and learning facilitators pursuant to the provisions of existing laws and such other scholarship schemes as may hereafter be provided for by law.

Section 21. Assistance from the Private Sector. - The private sector, especially educational institutions, business and industry, shall be encouraged to grant financial assistance in support of the professional development of teachers and learning facilitators, especially those

undertaking research in the fields of science and technology or in such projects as may be necessary within the context of regional and national development.

CHAPTER 6

Assistance to Public Schools and Public Madrasah

Section 22. Financial Aid to Public Madrasah. - The Bangsamoro Government, in collaboration with National Government, shall extend financial aid and assistance to public schools and public madrasah established and maintained by local governments, including barangay high schools.

CHAPTER 7

National Education Programs and Projects

Section 23. Continuity of National Education Programs and Projects. – Pursuant to Article VI, Section 13 of the Bangsamoro Organic Law, national education programs and projects shall continue to be funded by the National Government, without prejudice to the power of the Bangsamoro Government to provide for supplemental funding for such

programs and projects.

XIII. MISCELLANEOUS PROVISIONS

CHAPTER 1

Regulations of Private Schools, Colleges, and Universities 

Section 1.  - The Ministry shall supervise and regulate private schools, universities, colleges, and learning centers, including sectarian and non-sectarian institutions of learning.

Section 2. Right of Participation  - Three (3) representatives of private schools shall have the right to participate in the Ministry's deliberations on matters dealing with private schools. 

Section 3. Right to Propagate Religious Beliefs  - The right of sectarian and educational institutions to propagate their religious beliefs shall not be curtailed. The Ministry shall not discriminate against sectarian educational institutions in any manner or form. 

CHAPTER 2

Penal and Administrative Sanctions

Section 4. Penalty Clause. - Any person upon conviction for an act in violation of the provisions relating to operation of educational institutions and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, shall be punished with a fine of not less than one hundred thousand pesos (P100,000) nor more than two hundred fifty thousand pesos (P250,000) or imprisonment for a maximum period of three (3) years, or both, in the discretion of the court.

If the act is committed by a school or educational institution, the head of the school or educational institution shall be equally liable.

Section 5. Administrative Sanction. - The Ministry may prescribe and impose such administrative sanctions for any of the following causes:

a.Mismanagement of educational institution operations;

b.Gross inefficiency of the teaching or non-teaching personnel;

c.Fraud or deceit committed in connection with the application for Ministry permit or recognition;

d.Failure to comply with conditions or obligations prescribed by this Code or its implementing rules and regulations; and

e.Unauthorized operation of an educational institution or course, or any component thereof, or any violation of the requirement governing advertisements or announcements of educational institutions.

Sanctions against the educational institution shall be without prejudice to the interest of the learners, teachers and employees.

CHAPTER 3

FINAL PROVISIONS

Section 6. Rule-making Authority. - The Minister of Basic, Higher and Technical Education, charged with the administration and enforcement of this Code, shall promulgate the necessary implementing rules and regulations of this Act within one year from its passage.

Section 7. Appropriation. The funding necessary for the implementation of this Act shall be included in the annual Bangsamoro Appropriations Act.

Section 8. Separability Provision. - Any part or provision of this Act which may held invalid or unconstitutional shall not affect its remaining parts or provisions.

Section 9. Repealing Clause. - All laws and issuances pertaining to the Bangsamoro Education Code and the creation of the Ministry of Basic, Higher and Technical Education (MBHTE) or parts thereof inconsistent with any provision of this Act shall be deemed repealed or modified, as the case may be.

Section 10. Effectivity. - This Act shall take effect upon its approval.

Approved,  _____  2020.