CPE 101 Magnacarta 1
CPE 101 Magnacarta 1
CPE 101 Magnacarta 1
4670
Magna Carta for Public School
Teachers
DECLARATION OF POLICY
COVERAGE
Sec. 1. Declaration of Policy. It is
hereby declared to be the policy of this
Act to promote and improve the social
and economic status of public school
teachers, their living and working
conditions, their terms of employment
and career prospects in order that they
may compare favorably with existing
opportunities in other walks of life, attract
and retain in the teaching profession
more people with the proper
qualifications, it being recognized that
advance in education depends on the
qualifications and ability of the teaching
staff and that education is an essential
factor in the economic growth of the
nation as a productive investment of vital
importance.
DECLARATION OF POLICY
COVERAGE
Sec. 2. Title Definition. This Act shall
be known as the "Magna Carta for Public
School Teachers and shall apply to all
public school teachers except those in the
professorial staff of state colleges and
universities. As used in this Act, the term
"teacher shall mean all persons
engaged in classroom teaching, in
any level of instruction, on full-time
basis, including guidance counselors,
school librarians, industrial arts or
vocational instructors, and all other
persons performing supervisory and/or
administrative functions in all schools,
colleges and universities operated by the
Government or its political subdivisions,
but shall not include school nurses, school
physicians, school dentists, and other
RECRUITMEN
T AND
CAREER
RECRUITMENT AND CAREER
d) For teachers of courses on the
Sec. 3. Recruitment and Qualification. collegiate level, other than vocational,
Recruitment policy with respect to the master's degree with a specific area of
selection and appointment of teachers specialization; Provided, further, That in
shall be clearly defined by the Department the absence of applicants who possess
of Education: Provided, however, That the minimum educational qualifications
effective upon the approval of this Act, the as hereinabove provided, the school
following shall constitute the minimum superintendent may appoint, under a
educational qualifications for teacher- temporary status, applicants who do not
applicants: (a) For teachers in the meet the minimum qualifications.
kindergarten and elementary grades, Provided, further, That should teacher-
Bachelor's degree in Elementary Education applicants, whether they possess the
(B.S.E.ED.); (b) For teachers of the minimum educational qualifications or
secondary schools, Bachelor's degree in not, be required to take competitive
Education or its equivalent with a major examinations, preference in making
and a minor, or a Bachelor's degree in Arts appointments shall be in the order of
or Science with at least 18 professional their respective ranks in said
units in Education. (c) For teachers of competitive examinations. And
secondary vocational and two years provided, finally, That the results of the
RECRUITMENT AND CAREER
Sec. 4. Probationary Period. When Sec. 5. Tenure of Office. Stability on
recruitment takes place after adequate employment and security of tenure
training and professional preparation in shall be assured the teachers as
any school recognized by the provided under existing laws.
Government, no probationary period Subject to the provisions of Section
preceding regular appointment shall be three hereof, teachers appointed on a
imposed if the teacher possesses the provisional status for lack of necessary
appropriate civil service eligibility: civil service eligibility shall be extended
Provided, however, That where, due to permanent appointment for the position
the exigencies of the service, it is he is holding after having rendered at
necessary to employ as teacher a least ten years of continuous, efficient
person who possesses the minimum and faithful service in such position.
educational qualifications hereinabove
set forth but lacks the appropriate civil
service eligibility, such person shall be
appointed on a provisional status and
shall undergo a period of probation for
not less than one year from and after
RECRUITMENT AND CAREER
Sec. 6. Consent for Transfer
Transportation Expenses. Except for Pending his appeal and the decision
cause and as herein otherwise provided, thereon, his transfer shall be held in
no teacher shall be transferred abeyance: Provided, however, That no
without his consent from one transfers whatever shall be made
station to another. three months before any local or
Where the exigencies of the service national election.
require the transfer of a teacher from Necessary transfer expenses of the
one station to another, such transfer teacher and his family shall be paid for
may be effected by the school by the Government if his transfer is
superintendent who shall previously finally approved.
notify the teacher concerned of the
transfer and the reason or reasons
therefor. If the teacher believes there is
no justification for the transfer, he may
appeal his case to the Director of Public
Schools or the Director of Vocational
Education, as the case may be.
RECRUITMENT AND CAREER
Sec. 7. Code of Professional
Conduct for Teachers. Within six a. the right to be informed, in writing, of
months from the approval of this Act, the charges,
the Secretary of Education shall b. the right to full access to the
formulate and prepare a Code of evidence in the case,
Professional Conduct for Public School c. the right to defend himself and to be
Teachers. A copy of the Code shall be defended by a representative of his
furnished each teacher: Provided, choice and/or by his organization,
however, That where this is not possible adequate time being given to the
by reason of inadequate fiscal resources teacher for the preparation of his
of the Department of Education, at least defense; and
three copies of the same Code shall d. the right to appeal to clearly
be deposited with the office of the designated authorities,
school principal or head teacher
where they may be accessible for use No publicity shall be given to
by the teachers any disciplinary action being taken
against a teacher during the
Sec. 8. Safeguards in Disciplinary pendency of his case.
Procedure. Every teacher shall enjoy
RECRUITMENT AND CAREER
Sec. 9. Administrative Charges.
Administrative charges against a
teacher shall be heard initially by a
committee composed of the
corresponding School Superintendent
The committee shall submit its
of the Division or a duly authorized
findings and recommendations to
representative who should at least have
the Director of Public Schools
the rank of a division supervisor, where
within thirty days from the
the teacher belongs, as chairman, a
termination of the hearings: Provided,
representative of the local or, in its
however, That where the school
absence, any existing provincial or
superintendent is the complainant or an
national teacher's organization and a
interested party, all the members of the
supervisor of the Division, the last two
committee shall be appointed by the
to be designated by the Director of
Secretary of Education.
Public Schools.
RECRUITMENT AND CAREER
Sec. 10. No Discrimination. There
shall be no discrimination whatsoever in
entrance to the teaching profession, or
during its exercise, or in the termination
of services, based on other than
professional consideration.