by FR. JOEL E. TABORA, SJ
Click here to download the Proposed Bangsamoro Education Code 2020
I. BANGSAMORO EDUCATION SYSTEM.
Chapter 1. Preliminary Matters.
The Bangsamoro Education System – which is a system of educational systems expresses the intention that the various educational systems shall be complementary to one another, each fulfilling a role the other does not fulfill. With the complexity involved in each of the systems, the project is immensely challenging. Well-articulated concepts do not necessarily imply well functioning systems. Eg. Complementarity between public and private educational institutions is not easy to achieve. The higher education system limps if the basic education system is deficient. Nevertheless it is meaningful to claim as an ideal that all systems are integrated into one Bangsamoro Education System.
Chapter 2. Education Policy Framework.
Sec. 1. Editing necessary to correct grammar. Suggested:
The Bangsamoro Government shall promote and protect the constitutional right of all to quality and accessible education at all levels. It shall 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. …
Sec 1 b. “adhere to a set of standards” This is too weak. Proposed:
“achieve at least minimum standards set by the MBHTE.” Quality involves surpassing minimum standards.
Sec. 1. d. This is where “madrasah system” is first mentioned. Shouldn’t it be mentioned in Chapter 1. Sec. 2? Does it need a definition? Or a cross reference to where it is treated in VI?
Sec. 1 f. I would like to propose that education contribute to more than “community and national development” I would add: human development. Even “Bangsamoro development” which is more than local community development. Cf. Chapter 2. Sec 1.
Sec. 1 k. cf. my remarks on Sec. 1b. “the Bangsamoro education standard” is undefined. Better: “the Bangsamore education standards as defined by the MBHTE”
II. THE EDUCATION COMMUNITY
CHAPTER I. Preliminary Matters.
Sec. 1b and Sec. 2 b. “Learners” is appropriate for basic education; “Students” for higher education if nomenclature is to be consistent with national usage.
- CHAPTER 2. Bundle of Rights.
Sec. 4. Rights of Parents. It may be helpful to differentiate between parents of children in basic education and parent of children who have reached 18 years of age in higher education. In higher education the students are primarily responsible for their performance, even if parents are paying for tuition.
Sec 5. b. The right to freely choose their field of study… In private education this ”right” is also dependent on the ability of the student to pay appropriate tuition and fees.
Sec 5 c guidance and counseling services are also important for academic and personal guidance in daily non-academic life including mental health
Sec 5 e. … provided that in private education tuition and fees are settled.
Sec 7 b. consistent with applicable laws … and school policies
Sec 7 d. “opportunity to choose alternative career lines” This is vague and possibly an over-commitment. The alternative career must not conflict with the staff member’s core employment
Section 9 b. “The right for institutions for higher learning to determine on academic grounds who shall be admitted to study, who may teach, and what shall be subjects of study and research.” This is very similar to the classical definition of academic freedom based on American jurisprudence; it only lacks “how content shall be taught”.
III. CHAPTER 3. Duties and Obligations
Sec 10. b. “parent should 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.” In the Philippines, the obligation pertains to basic education and not higher education. This sentence should read, “Parents shall be obliged to enable their children to obtain elementary and secondary education and shall strive to enable them to obtain higher education in the pursuit of the right formation of the youth.”
Section 11. Duties and Responsibilities of Learners.
General Comment: Personal pronouns like “he” and “his” should be edited to be gender inclusive through the Bangsamoro Education Code.
Section 11. a. “family and to society” I suggest “family, religious community and society”. The religious concern should be a special concern in the Bangsamoro.
Section 11. 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”. I suggest “Promote and maintain the peace and tranquility of the school by observing the rules and discipline and maintaining harmonious relationships with fellow students”.
Section 13. School Administrators’ Obligations.
Sec 13. c. “Develop and maintain a healthy school atmosphere conducive to the promotion and preservation of academic freedom…” this is a general provision for all school administrators at all levels. But academic freedom is proper only to higher education. Administrators on the basic education level do not promote and preserve academic freedom.
Section 13. e. “Render adequate reports to teachers…” Better “Give appropriate feedback to teachers…“
III. THE BANGSAMORO EDUCATION SYSTEM=
This appears to repeat Title I: BANGSAMORO EDUCATION SYSTEM except for the definite article “The.”
CHAPTER 1. LEARNING SYSTEMS.
Sec. 1 Learning Systems
“Formal learning system” includes school and madrasah for basic and higher education”
Comment 1: A definition of “madrasah“ is appropriate or a reference to Tite VI: PUBLIC MADRASAH SYSTEM. Same for “Madrasah Systems in III. CHAPTER 2 SECTION 1. a and even under the Title VI. It is my opinion that the Madrasah as a school that teaches the Islamic religion and culture should be declared lest its apparent distinguishing characteristic only be th teaching and use of the Arabic language. The Ministry may wish to take responsibility for a teaching of Islam as a religion which is inseparable from the promotion of peace and dialogue. Cf my comments to V. THE PUBLIC SCHOOL SYSTEM, Sec 4. The Right to Teach Religious Beliefs.
Comment 2. It is here where there clear mention should be mode of the PRIVATE SCHOOL SYSTEM vis-à-vis THE PUBLIC SCHOOL SYSTEM. The provision in the Bangsamoro Education Code for Public Madrasahs or Madaris is compatible with the operation of Private Maradasahs of Madaris as in the National Association of Bangsamoro Education, Inc.
CHAPTER 2. The Levels of Education
Sec. 1. b. Higher Education “after completion of secondary education leading to either a degree or with no degree in a specific profession or discipline” is distinguished by academic freedom. This is an essential attribute of higher education not enjoyed by basic education because of its general mandate to search for truth relevant to God, humanity and nature . According to the Philippine Constitution of 1987 [Article XIV section 5. (2)] this is lodged in all institutions of higher learning (and not in Government – since Government [or the Ministry] does not have the resources to govern the pursuit of truth).
IV. BASIC EDUCATION
CHAPTER 1. General Provisions
Sec. 2. Powers and Functions. – The Ministry shall….
Sec. 2. b. “Ensure the high standards of all the basic education institutions in the Bangsamoro region” Better: Prescribe the minimum standards of all basic education institutions in the Bangsamoro region. In basic education the state prescribes content and sets minimum standards at appropriate levels. It is difficult to regulate “high standards”.
Sec. 2. h. Exercise the powers of selection, recruitment, appointment, and promotion of teaching and non-teaching personnel;…
Sec. 2. i. Delegates such powers, functions, and responsibilities as are appropriate including powers of selection, recruitment, appointment, and promotion of teaching and non-teaching personnel
Since we are talking about the powers and functions of the Ministry, it is not clear (looking at these two provisions) which powers are exercised by the Ministry or delegated by the Ministry to the schools. This is especially true for private schools whose prerogative it is to select, recruit, appoint and promote teaching and non-teaching personnel. It appears to me that a flaw in the Bangsamoro Code of Education is that it does not expressly provide for basic education. This is also true for the relation of division superintendents and assistant division superintendents to private schools “cf. Sec. 2. n.”
Sec. 3. Free and Compulsory Basic Education – The Ministry shall ensure that all learners are granted admission, attendance, and completion of basic education. This is a very strong commitment that may either over commit public schools to universal education or commit the Ministry to pay for the education of learners in private schools whom it cannot accommodate in public schools. Once again, the Bangsamoro Code of Education may not be providing enough for the role of private education in its system. The Philippine Constitution provides for complementarity between public and private education.
Sec. 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”. Once again, the Bangsamoro Education Code fails here to provide for private education, both for private sectarian and private madaris.. Private education cannot be subsumed under the public school system and the “Public Madrasah System” needs here to include Private Madrasahs or Madaris that are functioning, e.g. the National Association of Bangsamoro Education, Inc.,. Presuming that private education can be provided for, it may be more appropriate here to refer to the “Bangsamoro Madrasah System” which could include both private and public Madrasahs. With reference to the “Public Madrasah System” the question may be raised about the appropriateness of using public funds for directly Islamic education.
In the Bangsamoro territory would this signal a possibility of public Protestant schools? Pls see my Comment to V. Sec. 4
CHAPTER 2. Standard Provisions to All Learning Systems
Sec. 7. “Regulation of Basic Education Services by Foreign Entities – Following relevant laws and issuances the Ministry shall have the power to regulate and manage foreign entities providing, supporting, or aiding the provision of any form of basic education services in the Bangsamoro. The Philippine Constitution of 1987 (Sec. IV. 2) requires that the ownership, control and administration of schools operating in the Philippines be by Philippine citizens.. The Ministry cannot regulate what is illegal
IV. PUBLIC SCHOOL SYSTEM
CHAPTER 1. General Provisions
It should be noted that under this title there is reference made to sectarian schools which are private in CHAPTER 1 section 4, namely, “There shall be no discrimination against sectarian educational institutions in any manner or form”. This refers to such as Catholic and Protestant private schools, colleges and universities operating within the Bangsamoro jurisdiction. They cannot properly be subsumed under a title “PUBLIC SCHOOL SYSTEM”. They operate not on public money but substantially on privately-raised money, and their system of governance, while recognizing government authorization of their license to operate, is separate from that of the governance of public schools. In the Bangsamoro Code of Education there should be an approriate Title dedicated to PRIVATE EDUCATION. In the 1987 Philippine Constitution there is a recognized complementarity between public an private education (cf. Art. XIV Sec. 4 (1) “The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.” Private schools, colleges and universities have contributed substantially to quality education in the Philippines without substantial cost to government (even though more government support of private school for the complementary role they play to public education would be appreciated.)
Section 4. The Right to Teach Religious Beliefs
While the articulation of this right is laudable, the question is whether it implies the right of all to teach religious beliefs in public schools, which may be controversial.
I would however support it and welcome it as an authentic recognition in the Bangsamoro of the role of true religion in promoting inter- and intra religious dialogue and peace. This was asserted in the Document on Fraternity for World Peace and Living Together signed by Pope Francis and the Grand Imam of Al Azhar, Ahmed Al Tayyeb. It was the incorporated in Pope Francis’ latest encyclical: Tutti Fratelli, On Fraternity and Social Friendship.
In the Belgian and German systems, in state-run public universities [e.g. the State-run Catholic University of Louvain in Belgium or the University of Tübingen in Germany] there are Faculties dedicated to Catholic or Protestant Theology. In the University of Berlin here a Faculty dedicated to Islamic Theolgoy. In the Bangsamoro, this may also be the case in Public and Private Universities, that there be faculties focused on this or that religion also as a vehicle of promoting dialogue peace in the world by tapping the peace-making potential of religion. “Faith that seeks understanding, and understanding that seeks faith” can be a leitmotiv for all recognized faculties dedicated to religion and religious praxis of faith seeking justice and peace. This should not be discouraged by an American notion of the separation of Church and State or of religion from reality. This separation may be the cause of the deep divisions and unrest in American society today.
Sec. 5. Indigenous Peoples Curriculum – The Ministry shall develop an IP Curriculum… while this is laudable, The Ministry must ensure substantial participation of Indigenous Peoples in development of this curricula (e.g. the culturally sensitive public SHS of the TBoli Tribe in Lake S’Bu, So. Cotabato)
Sec. 7. Medium of Teaching and Learning in Basic Education… “Beginning Grade 4, the primary medium of instruction and learning shall be English. Filipino and mother tongue may also be used as medium of instruction.” This section should be compared to
VI PUBLIC MADRASAH SYSTEM Chapter 1 Sec. 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 learners. While in Madrasah Mutawasith to Madrasah Thanawih, Arabic language may be used as a medium of teaching and learning in addition to English and Filipino.
Comparing these two sections, English for the Non-Madrasah schools begins in Grade 4 but only in Grade 7 for the Madrasah schools, although in the Non-Madrasah schools there is no required Arabic language. Is it wise to begin English training three years later for Bangsamoro learners going to Madrasahs? From the viewpoint of English instruction this may disadvantage the Madrasah learner.
CHAPTER 2 Learning Assessment
Sec. 2. Classroom-based Assessment… After the lessons we have learned this year in the use of online education, and appreciating the possibilities of online education for the Bangsamoro within the Bangsamoro and between the Bangsamoro and the rest of the nation or world, provision for Online education as an alternative to f2f classroom teaching and classroom assessment should be provided for.
CHAPTER 3. School Teacher
The Sections 1,2,3,5,6,7 on Qualifications, Competency, Licensure Examinations, Professional Development, Welfare, Grant of Benefits and Support of this Chapter have to be considered in relation to teachers of private schools. In Sec. 4, while the Ministry may promulgate rules and regulations for teacher qualifications, appointments and promotions may be left to the respective administrations of private schools.
It is similar with textbooks and learning resources in CHAPTER 4. Sec 1 and ICT resources CHAPTER 4. Sec 2 for private schools.
CHAPTER 4. Textbooks and Learning Resources.
Section 1. Textbook and Learning Resources Standards. That the Ministry “set the standards and approve the textbooks and other learning resources” for basic education is legitimate. But this would not be appropriate for higher education since it would violate the academic freedom of higher education to determine what to teach and how to teach it, so long as it accept the minimum standards for programs set by government, in the Bangsamore, by the Ministry.
CHAPTER 5. Infrastructure Support to Private Schools.
This is the first reference in the Bangsamoro Code to “private schools.” This is a generous commitment of support to private schools – a commitment to help all private schools meet the infrastructure standards of schools in the Bangsamoro. But considering the state of existing and future private schools, where private schools in principle are private because they operate substantially on private funds, would there be enough funds to support the commitment of this provision?
CHAPTER 6 School Management
Section 1. School-Based Management. This is relevant to public schools where their management may be more in centralized structures rather than in the schools. In private schools this would be taken for granted.
Section 2. Moral Governance. “moral governance” laudable, but needs to be defined somewhere. This should not be, for instance, confused with rigid compliance to rules, nor should it be surreptitiously tied to unexamined and unowned ideologies.
Section 3. Engaged Time-on-Task. “by lessening activities that take teachers and/or learners away from the classroom…” some non-classroom activities are essential for the learning of learners e.g. in the study of the environment. I recommend instead: “by lessening activities that take teachers and/or learners away from the prescribed learning curriculum or plan.…”
CHAPTER 7. School Financing.
While this section under the Title PUBLIC EDUCATION defines the source of funding for public schools in the Bangsamoro, and commits “support” for private schools (cf. Sec 2), it does not articulate the substantial source of funding for private schools. This is another instance that shows the warrant for a Title in the Bangsamoro Education Code for private education. Here it can be clarified that the substantial source of the funds for private education is private.
CHAPTER 8. Quality Assurance – 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 the purposes of public accountability.
While the purpose of quality assurance is well stated here, it is not clear whether the “accreditation mechanism” that shall be adopted “as part of its external quality assurance process for every school” shall be an exclusively government mechanism or shall allow the collaboration of private accreditation agencies such as the member of the Federation of Accrediting Association of the Philippines (PAASCU. PACUCOA, ACSCU-AAI). I would recommend the latter (1) because government may not be able to handle all the accreditation needs of the schools; (2) because private agencies are more “external” to public schools run by government and therefore arguably more objective; (3) because in the case of private higher education achieving and quality assuring the achievement of standards of excellence are a function of the academic freedom of the HEI rather than of the regulatory function of government.
VI. PUBLIC MADRASAH SYSTEM
CHAPTER 1. General Provisions
This is a central and unique provision of the Bangsamoro Education Code.
As I have commented above (cf. I, Ch 2, Sec 1; IV, Ch 1, Sec. 4; V, Ch 1, Sec 4), there is need to clarify the meaning of “Madrasah” or of “Madrasah System of Education” to declare its unique nature and promise. In the Bangsamoro there should be no apology that its intent is to teach the youth the fundamentals of Islam as a monotheistic religion in its significance for peace and its openness for dialogue in a world of diverse religions.
Its unique characteristic should not be reduced to the teaching of the Arabic language and the use of Arabic terminology as the text of VI PUBLIC MADRASAH SYSTEM may appear to convey without the above-mentioned clarification.
It should be made clear that there are both public and private madrasahs or madaris. Private madaris [as private sectarian schools] should not be subsumed under the public school system.
Section 4. Medium of Teaching and Learning.
I repeat my comment to I. Ch. 1. Sec 7:
- Ch. 1 Sec. 7. Medium of Teaching and Learning in Basic Education… “Beginning Grade 4, the primary medium of instruction and learning shall be English. Filipino and mother tongue may also be used as medium of instruction.” This section should be compared to
VI PUBLIC MADRASAH SYSTEM Chapter 1 Sec. 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 learners. While in Madrasah Mutawasith to Madrasah Thanawih, Arabic language may be used as a medium of teaching and learning in addition to English and Filipino.
Comparing these two sections, English for the Non-Madrasah schools begins in Grade 4 but only in Grade 7 for the Madrasah schools, although in the Non-Madrasah schools there is no required Arabic language. Is it wise to begin English training three years later for Bangsamoro learners going to Madrasahs? From the viewpoint of English instruction this may disadvantage the Madrasah learner.
CHAPTER 3. Madrasah Techer (Asatidz)
Section 7. Qualifications. “as required by the Civil Service Commission and the Ministry.”
For the private Madrasah, the Civil Service Commission is not involved.
CHAPTER 7. Private Madrasah Financing.
This section refers to the “private Madrasahs” under the Title: PUBLIC MADRASAH SYSTEM.
I recommend reference to a “Bangsamoro Madrasah System” where public and private madaris function in complementarity.
CHAPTER 8. Quality Assurance.
Please see my comment to IV Chapter 8.
VIII. HIGHER EDUCATION
CHAPTER 1. General Provisions
Sec. 1. Declaration of Policy. – The Bangsamoro Government shall protect, foster, and promote citizens’ right to affordable quality education and shall take appropriate steps to ensure that education shall be accessible to all. The Bangsamoro Government shall likewashe provide and promote academic freedom.
For purposes of clarification of expectations, I propose the following adjustments to this statement:
Sec. 1. Declaration of Policy. – The Bangsamoro Government shall protect, foster, and promote citizens’ right to affordable quality education and shall take appropriate steps to ensure that education, including higher education, shall be accessible to all. The Bangsamoro Government shall likewise provide and promote academic freedom in higher education.
In the next paragraph of this section, I propose the insertion of the following, important for the exercise of academic freedom in higher education institution. For while government may determine the orientation of the programs of the schools it funds and “owns,” for private HEIs this is not necessary the case. While the priority of government for its
SUCs may be economic development, the priority of individual private Higher Education Institutions (PHEIs) may be the welfare and social responsibilities of the Islamic Community, the culture and welfare of the indigenous peoples, the promotion of social justice and morality in Bangsamoro society.
State-supervised institutions of higher education shall gear their programs to national, regional or local development plans. PHEIs may gear their programs to their particular contribution to the common good which may not be among the national priorities.
Sec. 4. Powers and Functions of the Ministry. The Ministry…
Sec. 4c. Set minimum standards for programs in and institutions of higher learning for higher Islamic Education.
The mandate for Government, ie, the Ministry, to set the minimum standards for all programs and for the operation of higher education institutions is clear. This includes programs of “higher Islamic Education” or eventually for “Islamic Universities.” I propose a reformulations of this provision to state:
Set minimum standards for the operation of all higher education institutions and all programs in the Bangsamoro.
This would include Islamic Universities along with other SUCs or PHEIs, depending on whether the Islamic University in public or private.
Sec. 4g. Review the charters of an institution of higher learning and state universities and colleges.
Only public HEIs (SUCs) have charters which are legislated; they operate through legislation; a review of the charter would be in order to influence legislation. Private universities do not have charters but Constitutions and ByLaws approved by the Securities and Exchange Commission; operation is licensed by Government, ie, by the CHED or the Bangsamoro MBHTE (Ministry of Basic, Higher and Technical Education).
Sec. 4m. “…to monitor and evaluate performance of a program of higher education.”
Monitoring and evaluation by the government oversight body, possibly through private External Quality Assurance Agencies (EQAAs) using appropriate EQAA Standards and Procedures (EQAA-SP) assess both programs and institutions. I suggest this statement to read:
“…to monitor and evaluate performance of programs and institutions of higher education.”
CHAPTER 2. Academic Freedom
Section 1. Guarantee of Academic Freedom.
Academic Freedom is the heart of higher education. What is provided in this Section is a quotation of how academic freedom is guaranteed in RA 7722. But it may be instructional to define academic freedom relative to government, the Islamic community, the Church, etc. Higher education must empower students, faculty and administration within the HEI to think independently, critically, creatively, innovatively beyond the status quo responsible only to the truth.