Magna Carta of Students

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Republ ic of the Phi l ippinesHouse of Representatives

Quezon City

FOURTEENTH CONGRESSSecond Regular Session

HOUSE BILL NO

(ln substitution of House Bill Nos. 332,2520 and 2584)

Introduced by Reps. Edcel G. Lagman, Rufus B. Rodriguez and Ana Theresia Hontiveros-Baraquel

AN ACTPROVIDING FOR A MAGNA CARTA OF STUDENTS

Be it enacted by the Senafe and House of Representatives of the Philippines rn Congressassemb/ed

Section 1. This Act shall be known as the "Magna Carta of Students."

Sec. 2. Declaration of Policy. - The State:

Declares its commitment to protect and promote the rights and welfare of Filipino students inaccordance with several international human rights agreements, including the InternationalConvention on Civil and Polit ical Rights, International Convention on Economic and SocialRights, the Universal Declaration on Human Rights, International Convention on the Rights ofthe Child, and the Convention on the Elimination of All Forms of Discrimination Against Women;Declares its commitment to protect and promote the physical, mental, spiritual, intellectual andsocial well-being of the youth;Declares its commitment to promote the rights of all cit izens regardless of sexual orientation,creed, socio-economic status, physical condition, polit ical and religious beliefs or affi l iation;Declares its commitment to protect and promote the rights of students to enable them toparticipate actively and effectively in the democratic processes of effecting progressive anddevelopmental changes in society;Recognizes that education is a right and as such it can only be exercised and enjoyed fully in aclimate where the rights and welfare of students and young Fil ipinos are promoted andprotected;Acknowledges that education is an important institution in ensuring that all Fil ipinos are able toparticipate fully in nation-building and the society and in inculcating patriotism and nationalism,crit ical and creative thinking, and values necessary to promote civil l iberties, human rights andfundamental freedoms;Affirms that students have the right to meaningful participation in decision-making processesinside and outside educational institutions, especially in the crafting and formulation of policesaffecting students, and the promotion of this right is an integral part of the nation's democraticprocesses;

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I (h) Affirms that the fundamental right to expression of students, and such right shall be unabridged2 and autonomous from the influences of educational institutions;and3 (i) Affirms the students' right to organize, which encompasses the right to establish student4 organizations, student unions, and student councils and governments.

6 Sec. 3. Guiding Principles. - This Act declares the following as basic guiding principles:78 (a) The formal educational system being the principal institutional mechanism for imparting9 knowledge and developing skil ls shall be given priority attention and support by the

l0 government.1l (b) Education is a right and not a mere privilege. lt is therefore the responsibil i ty of the12 State to provide quality education accessible to all.13 (c) Student organizations enhance democratic processes on the campus. Membership andl-+ active participation in student organizations, all iances and federations which promote15 and protect students' rights and welfare and/or contribute to national development shall16 be guaranteed by the State and school authorit ies.17 (d) Student organizations shall not be subject to rules and regulations that unduly hamper18 their activit ies and are prejudicial to their objectives and interests.19 (e) Student councils/governments being the most representative of the studentry and the20 highest expression of student power on the campus shall have the right to participate inl1 the formulation of school policies directly affecting students.22 (0 Student publications shall serve as the principal medium for free expression,23 dissemination of information, and interaction among the different sectors of the24 academic community.25 (g) With their democratic rights guaranteed, students can serve as a potent and cogent26 force in the country' nationalist social transformation.2728 SEC. 4. Definit ion of Terms. - As used in this Act, the following terms shall mean:?.930 (a) Student" - any person enrolled in school in the secondary, post secondary, tertiary,3l graduate and postgraduate including those enrolled in vocational and technical32 educat ion.33 (b) "School" - any private, public or government-run and funded academic educational34 institution offering any or all courses in the above-mentioned levels.35 (c) "School Campus" - the totality of all contiguous or proximate buildings, grounds and36 other facil i t ies designated by the school authorit ies as areas or facil i t ies for the use of37 their students.38 (d) "Governing Board" - the highest policy making body of the school such as: Board of39 Directors, Trustees or Regents.40 (e) "Student Council/Government" - the body representing the whole student population4l in one school or school campus whose officers are annually elected at large by the42 whole student population pursuant to its constitution and by-laws, if any.43 (f) "Council of Leaders" - the body composed of the heads of various student44 organizations chaired by the President/Chairman of the Student Council.45 (g) "Tuition Fee" - The fee representing direct costs of instructions, training and other46 related activities, and the use of school facilities. The term "other school fees" refers to47 fees which cover other necessary costs supportive of instruction, including but not48 l imited to medical and dental, athletic, l ibrary, laboratory, and National Student Training49 Program (NSTP) fees.

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12 CHAPTER II3 RIGHT TO ADMISSION, NON.DISCRIMINATION AND QUALITY EDUCATION45 SEC. 5. Admission and Non-Discrimination (a) No student shall be denied admission,6 expelled from an educational institution, punished with disciplinary action, including mandatory7 counseling, or denied welfare services, scholarships and other privileges on the basis of his/her8 physical handicap, socio-economic status, polit ical or religious beliefs, or shall pregnant9 students and certif ied reformed drug abusers be discriminated against.

1011 Failure of or refusal by a student to sign waiver documents prepared by the school12 administrat ion shal l not const i tute a ground for his/her non-admission.l311 A student shall have the right to freely choose his/her field of study subject to existing15 curricula and to continue his/her course up to graduation except in case of academic deficiency16 or violation of disciplinary regulations which do not infringe upon the exercise of students' rights.1718 SEC. 6. Right to Competent lnstruction and Relevant Quality Education. - Every19 student shall have the right to competent instruction and quality education relevant to his/herl0 personal and cultural development and that of the nation, and commensurate to the school fees11 paid, and for state institutions, public subsidies granted. To achieve this goal, schools and22 educational institutions are required to enforce a written evaluation of the performance of23 teachers by students at the end of the school term.)125 There shall be at least one student representative in the body or committee which26 screens incoming faculty members. He/she or they shall be regularly elected and endorsed by27 the Student Council to the school official authorized to appoint the members of the screening28 body or committee.2930 Students shall have the right to make a written evaluation of the performance of their3l teachers toward the end of the school term.

33 SEC. 7. Right to Adequate Welfare Seruices and Academic Facilities.- lt shall be the3.1 responsibil i ty of the school administration to provide the students with adequate welfare35 services and academic facil i t ies commensurate to the school fees paid, and for State Colleges36 and Universi t ies, publ ic subsidies granted.a a

:S School authorit ies shall endeavor to provide free annual physical check-up to students. lt39 shall be the responsibil i ty of school authorit ies to provide students with adequate laboratory,/+0 l ibrary, research, recreation and physical education facil i t ies.,+142 Denial of access to adequate welfare services and academic facil i t ies shall be prohibited.43 These services and facil i t ies shall include the following:4445 (a) Free annual physical check-up to the students;46 (b) Legal assistance in cases involving the exercise and enjoyment of rights and freedoms47 stipulated in this Act;48 (c) Counsel ing;49 (d) Adequate laboratory, l ibrary, research, recreation and physical education facil i t ies;

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I (e) Communications system to ensure that students are promptly notif ied of letters and other2 relevant information; and3 (f) Adequate, safe and clean housing facil i t ies, such as dormitories, for students inside4 campuses. In case the school has no in-campus dormitories or housing facil i t ies, the school5 administration and the'student council or government shall be required to accredit out-of-

2 " mpus dormitories. Students shall be encouraged to stay in the accredited dormitories.

8 CHAPTER I I I9 RIGHT TO ORGANIZE

l011 SEC. 8. Right to Organize Among Themselyes. Unity and collective effort being12 fundamental to the realization of common goals and the promotion and protection of common13 interests, the State recognizes the right of students to organize among themselves.l ll +

l5 (a) The right of students to form, assist or join organizations, all iance, or federations16 along their physical, intellectual, moral, cultural, civic, spiritual and polit ical interests17 shal l not be abr idged.18 (b ) TheOf f i ceo f S tudentAf fa i rs , incoord ina t ionwi th thes tudentcounc i l o rgovernment ,19 shall take charge in the accreditation of student organizations. The guidelines forl0 accreditation of student organizations shall be formulated by the student council and21 the heads of all student organizations.22 (c) The Office of Student Affairs shall have the mandate to implement the guidelines and2i mediate in conflicts emerging from the accreditation process. Accreditation of student24 organizations shall be granted upon the submission of a formal letter of application for25 accreditation, constitution, l ist of activit ies, and list of officers. The Office of Student26 Affairs may impose sanctions on inactive organizations.27 (d) The Office of Student Affairs shall coordinate on and off campus activit ies of student28 organizations.29 (e) The school administration shall endeavor to provide, free of charge, a hall or building30 to house the offices of student organizations within the premises of the school.31 Furthermore, whenever possible the school administration shall allow student32 organizations to use school facil i t ies free of charge;33 (f) Acts that impair the right of students to organize are prohibited:31 1. Signing of waivers or s imi lar documents that use membership to any35 organization as a basis for admission to or expulsion from schools, including36 the imposition of disciplinary actions;37 2. lmposition of unreasonable requirements on student organizations seeking38 recogni t ion;39 3. discriminatory policies in the assignment of school facil i t ies and in granting40 other privileges to student organizations;41 4. Excessive charges for the use of school facil i t ies;42 5. Excessive fees imposed by student organizations to members; and43 6. lmposition of unnecessary requirements for admission and continued44 membership to a student organization including, but not l imited to, hazing or45 other acts prohibited under RA 80499 or the Anti-hazing law.1647 SEC. 9. Right fo esfablish a student council or government. - The State shall ensure48 the existence of democratic and autonomous student councils/governments. Pursuant thereto:49

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(a) There shall be one (1) university student council or government for each school, college,or university campus that shall be recognized by the schools, colleges and universitiesconcerned. lt shall have its own set of officers elected in annual popular elections.

(b) There shall be a Constitution or Charter of the Student Council or Government crafted bythe head or representatives of all student organizations in a school and ratified through atwo-thirds (2/3) vote by the student body that shall lay down the organization, functionsand responsibilit ies of the student council or government. Representation for unorganizedstudents shall be ensured for the crafting of a draft constitution or charter.

(c) Every student council or government shall have the right to determine its policies andprograms on student activities subject to the Student Council or Government charter rconstitution and to school rules and regulations provided that the latter does not infringeon basic rights and freedom of students; students;

(d) There shall be an independent Commission on Elections (COMELEC) that shall overseethe honest, orderly, and peaceful conduct of election of officers of the student council orgovernment. The COMELEC shall be chosen from a list of nominees provided by theheads of student organizations. The school must provide sufficient funds to theCOMELEC to ensure that it is able to function;

(e) There shall be a fee to be collected to finance the operations of the student council or. government, the amount of which shall be determined by the student council or

government in consultation with the student body. The school administration shallfacilitate the collection of the student council or government within fifteen (15) days afterthe start of the semester or school period. The governments to join federations or studentcouncil or government shall issue to the student body a financial report at the end of itsterm. To take effect, a proposal to increase the student council or government fee shallrequire a vote of simple majority by the student body.

(f) No policy restricting the right of student councils or governments to join federations oralliances of student councils or governments shall be imposed by the schooladministration.

SEC. 10. Recognition of and Granting of Privileges fo Student Organizations, - Nounreasonable requirements shall be imposed on student organizations seeking recognition.

The guidelines concerning recognition shall be formulated by the Students Affairs Officein consultation with the student council

The process for seeking recognition shall begin upon the submission to the StudentAffairs Office by the organization concerned of its (1) concept paper and constitution; and two(2) a formal letter addressed to the Student Affairs Office stating the organization's intent to berecognized. Recognition wil l be granted by the Student Affairs Office upon compliance with theguidel ines.

At the tertiary level, the student council in coordination with the school student affairsoffice shall take charge of the accreditation of student organizations. The guidelines concerningaccreditation shall be formulated jointly by the student council and the council leaderscomposed of the heads of the different organizations. The student council shall oversee theimplementation of these guidelines and mediate in instances of confl icts.

There shall be no discrimination in the assignment of school facil i t ies and the granting ofother privileges to student organizations. The school administration shall endeavor to provide,

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1 free of charge, a hall or building to house the offices of the different student organizations to use2 school facil i t ies free of charge. Excessive charges for the use of school facil i t ies shall be3 prohibi ted.I+

5 SEC. 11. Coordination of Student Organizations' Activities. - All on and off campus6 activit ies of student organizations shall be coordinated of the student council/government.

8 The Committee on Elections (COMELEC) constituted to conduct the election of the9 officers of the student council/government shall be composed solely of bona fide students of the

10 school. The conduct of the student council election shall be held in coordination with the student11 affairs office.1 l13 SEC. 12 .Schoo lFees andOtherTar i f f s . -Wi th in th i r ty (30) days f romthes tar to f a14 school year the governing board of every school shall create a body to be known as the School15 Fee Board which shall study, conduct consultation and thereafter recommend on tuit ion and16 other school fee adjustments. At the tertiary level this body shall be composed of equal number17 of representatives from the administration, academic and nonacademic personnel,l8 parents/guardians, students and alumni associations. These representatives shall choose a19 chairperson from among themselves. Greater representation shall be given to parents than tol0 students in the secondary level.t122 In justifying any tuit ion and/or school fee increase before the School Fee board, theli school concerned shall be required to present the school's f inancial statements for the last f ivel-+ (5) years immediately preceding the proposal for such increase. Refusal of the school25 administration to show its books and records for inspection by the School Fee Board shall mean26 automatic denial of its proposal for increases.2728 The School Fee Board shall not act on a proposal to increase school fees unless the29 students and their parents are consulted at least one hundred twenty (120) days before the30 school year, semester or term in which the increase is to be effected.1 1

32 In the event the decision of the School Fee Board is not favorably acted upon by the33 school governing board, the latter's decision may be appealed by any affected member of the3-+ school community to the appropriate education agencies within thirty (30) days from date of35 notice of decision.3637 No student or parent shall be required to sign any contract or agreement respecting38 adjustments in tuit ion and other fees as a condition for enrollment required to sign any contract39 or agreement respecting adjustments in tuit ion and other fees as a condition for enroilment or,+0 for any other purpose.;+112 For purposes of this section, "Consultation" shall mean dissemination of adequate,13 information relative to tuit ion and other school fees, the increases thereof, objections thereto, or14 the justif ications therefore and shall include but not be l imited to the holding of meetings and;15 hearings conducted for consultation purposes shall be properly documented and circulated. To16 this end, no tuit ion or other school fee increase shall be allowed unless the following procedures17 are observed:48 1.) Posting of notice of increase in tuit ion or other school fees in conspicuous locations a49 year prior to the implementation of the proposed increase. The heads of student

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1 organizations and student council or government officers shall also be directly notif ied2 about the proposed increase.3 2.) At least one public meeting shall be held with students, heads of student organizations4 and student council or government officers to discuss the proposed increase. This shall5 be attended by the President of the school and at least one member of the governing6 board. Parents of students shall be allowed to attend the public meetings.7 3.) All documents pertaining to the proposed increase shall be made available to the8 student council or government.9

10 Prior to the final approval of the proposed increase, the student body shall be allowed to11 present their position to the governing board on the proposed increase.1213 All involuntary contributions, except those approved by their own student organizations,1-+ shal l be prohibi ted.1516 In releasing documents, academic records, and similar certif ications, schools are17 prohibited from imposing fees beyond the actual cost of reproducing the documents.18 Minimum standards in consultation shall be strictly observed in imposing tuit ion fee increases.t92011 SEC. 13. Prohibition Against the Use of Force and Exaction of Excessiye Fees. Alll l campus organizations shall be prohibited from using force in init iation and from exactingli excessive fees from their members, as well as in their other activit ies.t-+]5 CHAPTER IV26 RIGHT TO PRTICIPATE IN POLICY MAKING27

Sec. 14. Representation in Policy-Making Process. - There shall be a studentrepresentative in the Governing Board of the school. The chairman/president of the studentcouncil or any designated representative chosen by the heads of various local college studentcouncils shall be the student representative and shall have the same rights as those of a regularmember. Provided, that his/her privileges shall be limited to reimbursements for actual expensesincurred in attending meetings of the aforementioned body: Provided, further, that the samerights shall be granted to the secondary level.

The students shall also be represented in other policymaking bodies which directly affecttheir welfare, especially in curriculum drafting, review and revision, student discipline, andacademic standards. The representatives shall be designated by the student council; and

Representatives of national student organizations shall actively participate and possessvoting powers in the formulation of national policies by governmental agencies on mattersaffecting students' rights and welfare including tuition.

SEC. 15. Students' lnitiative and Referendum. - The student council/government througha majority vote of all its members shall have the right to initiate the formulation, modification orrejection of a school policy affecting the students. The proposition for the formulation,modification or rejection of a school policy affecting the students shall be submitted to and

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1 approved by the majority of the votes cast by all the bona fide students of the school in a2 referendum called for the purpose.

4 The following areas shall be excluded from the power of students on init iative or5 referendum: (a) admission; (b) curriculum; (c) faculty recruitment and tenure; (d) rules on6 student conduct and discipline; (e) tuit ion fees; and scholastic rules (e.9. academic credits and7 retention and graduation of students).89 SEC. 16. Right to File an Appeal. - The student council/government through a majority

10 vote of all i ts members shall have the right to fi le an appeal on a decision of any policymakingl1 body subordinate to the governing board. Such appeal shall be fi led with the governing board.12.13 The student council/government with the same requisite number of votes referred to in1.1 the previous paragraph may fi le a motion for reconsideration on any decision of the governing15 board .1617 In case of any decision unfavorable to the students, the Student Council may fi le anl8 appeal with the Department of Education (DepED), the Technical Education and Skil ls19 Development Authority (TESDA) and the Commission on Higher Education (CHED), insofar as20 the secondary, post-secondary technical-vocational, and tertiary students, respectively, are21 concerned.22l3 All appeals and motions for reconsideration referred to in the previous paragraph mustl-+ be fi led within thirty (30) calendar days from date of notice of decision.

t627 CHAPTER V28 RIGHT TO FREE EXPRESSSION AND INFORMATION AND RIGHT TO ACADEMIC29 FREEDOM303i Sec. 17. Right to lnformation. - The right of the students to information on matters32 directly or indirectly affecting their welfare shall be recognized. Access to official records and33 other pertinent documents and papers pertaining to official acts, transactions or decisions shall31 be afforded the students subject only to reasonable regulations hat may be imposed such as35 time for examining the documents and other papers to prevent loss or damage of the same.i637 SEC. 18. Freedom of Expression. - Subject to existing laws, students shall have the38 right to freely express their views and opinions. They shall have the right to peaceably assemble39 and petit ion the government and school authorit ies for the redress of their grievances. Pursuant40 thereto, no school regulation shall be imposed violating or abridging the students' right to4I assembly.4243 Students shall have access to print and broadcast media in their information activit ies.11 They shall also have the right to print, circulate andior mount leaflets, newsletters, posters, wall.+5 news, petit ions and such other materials. Pursuant thereto, the school authorit ies shall ensure46 the provision of facil i t ies such as bulletin boards for the mounting of the aforementioned47 materials.48

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School authorit ies may designate a certain area on every campus as a freedom parkwhere students can freely discuss issues directly and indirectly affecting them, express theirgrievances or organize activit ies.

SECTION 19. Right to Publish a Student Newspaper and Other SimilarPublications. Students have the right to publish student newspapers and other similarpublications, print in their pages materials which they deem in pursuance of their academicfreedom and freedom of expression in accordance with Republic Act 7079 or the CampusJournalism Act of 1991. Pursuant thereto, the editorial staff of the student publication shall becomposed of students. No person who is not a member of the publication shall determine itscontent. The role of the faculty adviser in the student paper shall be l imited to technicalassistance.

The selection of the student Editor-in-Chief and the members of the editorial board shallbe conducted annually through a fair and competit ive examination to be administered by animpartial Board of Judges, which shall be composed of professional journalists, representativesfrom the faculty, the student body.

The editorial staff shall observe the ethics of professional journalism. lt shall be theresponsibil i ty of the editorial staff to ensure that the student paper is not used for purposescontrary to law.

The editor-in-chief/editorial staff shall, unless sooner removed for cause and with dueprocess, be assured of security of tenure for the duration of his/her/its prescribed term. Andeditorial staff shall be assured of security of tenure for the duration of his/her prescribed term,

The student publication shall be financially autonomous from the school administration. Afee for student publication shall be collected from students and shall be held in trust by theschool administration. No policy shall be imposed by the school administration to hamper theaccess of the editorial board to the student publication fund, subject to existing regulation in thedisbursement of funds. The school administration shall also be prohibited from using theaforementioned fund. At the end of each term, the editorial board shall publish a financialstatement.

SEC. 20. Academic Freedom - Students' academic freedom shall consist of, but shallnot be l imited to, the following rights:

(a) To conduct research in connection with academic work, and to freely discuss andpubl ish their f indings and recommendat ions;

(b) To conduct inquiry in curricular and extracurricular activit ies within the campus and inappropriate circumstances;

(c) To choose a field of study for research and to pursue the quest for truth; to expresstheir opinion on any subject of public or general concern which directly or indirectlyaffects the students or the educational system;

(a) To invite off-campus speakers or resource persons to student-sponsored assemblies,fora, symposia, and other activit ies of similar nature;

(b) To express contrary interpretation or dissenting opinions inside and outside theclassroom;

(c) To participate in the drafting of a new curriculum and in the review or revision of the old;

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I (d) To participate in the drafting and/or revising of the student handbook which shall include2 the school rules and regulations, a copy of which shall be furnished the students upon3 admission to the school; and4 (e) To be free from any form of indoctrination leading to imposed ideological hegemony.

67 CHAPTER VI8 RIGHT TO DUE PROCESS IN DISCIPLINARY PROCEEDINGS9

l0 SEC. 21. Right to Due Process. - The right to due process of students subjected toI I disciplinary proceedings shall be observed and respected.1213 (a) He shall have the right to defend himself, to be heard and to present evidence on his14 behalf before an impartial body.15 (b) There shall be an independent Student Disciplinary Board to be composed of one (1)16 representative from the school administration, two (2) faculty members, and two (2)17 students to conduct investigations into and decide on cases of student violations of18 disciplinary standards. The member from the administration shall serye for f ive years,19 the members from the faculty for three years, and the members from the student bodyl0 for one year. The faculty and student representatives shall be endorsed by the studentI1 council/government. The Student Disciplinary Board shall formulate the guidelines forl l the imposition of the disciplinary proceedingsll (c) The blacklisting, expulsion, suspension and other such disciplinary sanctions that mayl-+ be taken against a student shall not be valid unless the following rights have been25 observed and accorded the students.2627 l.) The right to be informed in writ ing of the nature and cause of the accusation against28 him/her;29 2.) The right to confront witness against him/her and to full access to the evidence in the30 case;3l 3.) The right to defend himself/herself and to be defended by a representative or counsel of32 his/her choice, adequate time being given to him/her for the preparation of his/her33 defense;34 4.) The right to a hearing before the Student Disciplinary Board;35 5.) The r ight against sel f - incr iminat ion;36 6.) The right to appeal adverse decision of the Student Disciplinary Board to the governing37 board and ultimately to the appropriate education agencies; and38 7.) The right to confidentiality.39-+0 (d) The decision in any disciplinary proceeding must be rendered on the basis of relevant41 and substantial evidence presented at the hearing, or at the least contained in the record42 and disclosed to the student affected. The deciding body should, in all controversial43 questions, render its decision in such a manner that the issues involved, and the reasons for44 any decision rendered are made clear to the student.4546 (e) Subject to existing laws, a decision on a case or complaint f i led before the Student47 Disciplinary Tribunal shall be resolved within three (3) months after the fi l ing of such a case48 or complaint .

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I (f) The Office of the Guidance Counselor of the respective schools in consultation with the2 Student Disciplinary Board shall publish on a periodic basis acts that are deemed violative of3 the school rules and regulations and the corresponding disciplinary sanctions. Provided, that4 such rules and regulations do not violate the rights guaranteed herein and under the5 Constitution.67 CHAPTER VII8 OTHER RIGHTS9

10 SEC. 22. Right Against Unreasonable Searches and Seizures. - Every student shalll1 be free from any form of unreasonable search and seizure. Except for the following instances,12 no search or seizure of a student shall be deemed valid:13 (a) Searches made at the point of ingress and egress by authorized personnel of the school;14 (b) Searches and seizures of i l legal article or articles fall ing in the plain view of duly15 authorized personnel;16 (c) Searches and seizures of articles that are i l legal, discovered inadvertently by duly17 author ized personnel ;18 (d) Searches made when the student is about to commit, is committing or had just19 committed a crime or a serious infraction of the school's rules and regulations;20 (e) Searches made with a valid search warrant.2 l22 Articles seized in violation of the here above-mentioned provided rights shall shall not be23 used as evidence against the student in any disciplinary action that may be brought against24 him/her.

26 SEC. 23. Access fo School Records and lssuance of Official Certificates. Subject to27 the provision of the following section, every student shall have access to her/his own school28 record, the confidentiality of which the school shall maintain. He/she shall have the right to be29 issued official certif icates, diplomas, transcript of records, grades, transfer credentials and other30 similar documents within thirty (30) days from the fi l ing of request and accomplishment of all3 l pert inentrequirements.a a

33 SEC. 24. Unpaid Tuition Fees and Examination. - No student shall be prohibited from34 taking a periodic or final examination because of unpaid tuition and other fees not exceeding35 two (2) installments under the established terms of payment prescribed by the school concerned36 and approved by the appropriate education agency.. a

:S Students with delinquent fees permitted to take an examination shall nevertheless be39 subject to the right of the school concerned to withhold the release or issuance of such students'40 school records or of the documents mentioned in the preceding section or to deny such4l students' admission at the next succeeding term or year unti l the prior delinquencies are fully42 paid.n ar+ 't

14 SEC. 25. Security of Tenure.lt shall be the right of students to finish their entire courses.+5 of study in a given school, except in cases of academic deficiency or violations of disciplinary46 regulations.47

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1 In cases wherein the school authorit ies refuse to allow a student to enroll for the2 subsequent semester or year due to the causes hereinabove stated, the student may appeal3 such ruling to the appropriate education agencyA

5 SEC. 26. Collection of Student Paper and Student Council Fees. - The school6 administration shall assist the student paper staff and the student council/government, in their7 financial needs through the collection of student paper and student council fees from the8 students.9

l0 The student paper fees shall be held in trust for their unhampered use in the publicationI I of the student paper.1213 The full amount of student council fees shall be turned over to the student council within14 fifteen (15) days from the assumption of office of the Student Council officers.1516 SEC. 27. Right to Privacy. - The privacy of communication and correspondence of17 students shal l remain inviolable.1819 SEC. 29. Scholarship Grants and Privileges.- Opposition to school policies inimical to20 students' interest shall not be a ground for denying or withdrawing scholarship grants and21 privileges to deserving students.?213 SEC. 30. Prohibition Against Militarization of the School Campus. - The pursuit of21 academic excellence and exercise of academic freedom can be attained only in an atmosphere25 free from fear and unreasonable restraint. Pursuant thereto, no military detachment shall be26 installed on the school campus.27 Military elements and/or policemen in uniform or in plain clothes and the school security28 forces shall not interfere with student activit ies, particularly peaceful mass actions, inside the29 school campus.3031 SEC. 31. Firearms Ban. - Students shall not be allowed to carry firearms inside the32 school campus. They shall be required to deposit such firearms with the school security force33 prior to their entry to the school premises.a 1

:S CHAPTER VII I36 FI INAL PROVISIONSa a

:S SEC. 32. Rutes and Regutations.- Within ninety (90) days from the approval of this Act,39 the DepEd, TESDA, and CHED, together with the representatives of national student40 organizations, representatives of school administrations and the National Youth Commission,+1 (NYC) shall promulgate the necessary rules and regulations to implement the provisions of this42 Act.A -

44 SEC. 33. Administrative Sancfions. -The Department of Education, Commission on45 Higher Education and Technical Education and Skills Development Authority are hereby vested46 with powers necessary to investigate and impose administrative penalties to ensure the47 enforcement of this Act. Any student, student council or government, or national student48 organizations shall have the right to report to and demand an investigation from the appropriate49 education agency into any act or acts committed by school authorities and/or administrations

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1 violative of their right as provided in this Act. As such, they may fi le complaints before the2 aforementioned agencies and shall have the right to an impartial speedy resolution of the issue.a

4 The appropriate education agency shall cause the suspension or revocation of the5 license or permit to operate of any school, college or university found to be guilty of violating6 rights guaranteed under this Act. A fine not less than Two Hundred Thousand Pesos7 (200,000.00) but not more than Five Hundred Thousand Pesos (500,000.00) shall be imposed8 on any school, college or university found liable for violating this Act.9

10 Upon final judgment, the appropriate education agency may recommend to the11 Department of Justice the prosecution of any school, college or university before a regular Court12 for violating the provisions of this Act.1 1

11 lf the offender is a student or a student organization, the school, college or university15 shall cause, depending on the gravity of the offense, the suspension or expulsion of the16 offending student and/or the suspension or revocation of the accreditation of the offending17 organization, including other administrative penalties, subject to the establishment of guidelines18 to be crafted by the school administration with the student council or government, student19 organizat ions and the student body.t0l1 To protect the interests of the students, the State shall, during the period of suspension22 or upon the cancellation of l icense, and unless restrained by the proper Court, take over the13 operation of the school.-) .l- +

25 SEC. 34. Penal Provisions. - Any person who shall willfully interfere with, restrain or26 coerce any student in the exercise and enjoyment of his/her rights guaranteed by this Act, or27 who shall in any other manner commit any act to defeat any provision of this Act, shall, upon28 conviction, be punished by a fine of not less than Fifty Thousand (P50,000.00) Pesos but not29 more than One Hundred Thousand (P100,000.00) Pesos or by imprisonment for not less than30 one year but not more than five years, or both, at the discretion of the Court.a 1

32 lf the offender is an educational institution, or any juridical person, the penalty shall be33 imposed upon the President, Treasurer, Secretary or any person or officer responsible for thei-l violation. lf the offender is an alien, he shall, after service of sentence, be deported immediately35 without further proceeding in the Bureau of lmmigration (Bl). lf the offender is a public officer or36 employee, the Court shall, in addition to the penalties hereinabove provided, order his dismissal37 from the government service.3839 Refusal of any government official, including those working in state colleges and40 universit ies, whose duty includes investigating or acting on any complaint for a violation of this11 Act to perform his or her duty shall be considered as gross negligence on the part of such12 official who shall suffer the appropriate penalty under civil service laws, rules and regulations.4344 Any student whose rights have been violated as stipulated in this Act may fi le15 independent civil cases for damages against the offending persons, natural or juridical. He or46 she shall be exempt from fi l ing fees.A ' 7+ t

48 In this regard, the CHED, and the TESDA shall be empowered to investigate into the49 violations of this Act or the rules and regulations issued thereunder and for this purpose shall

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t have the power to issue summons, writs, orders, subpoena and subpoena duces tecum to2 secure the attendance of witnesses and the production of documents in connection with the3 charges presented t the appropriate body.45 In addition to the penalties herein provided, the l icense to operate of the school6 concerned may be suspended or canceled by the DepED, TESDA or CHED in accordance with7 Section 34 of this Act. The decision of these education agencies may be appealed to the proper8 court.9

10 SEC. 35. Oversight. - The Department of Education, TESDA and the Commission on11 Higher Educat ion shal l monitor the implementat ion of th is Act. They shal l submit an annual12 report to the Office of the President and Congress. For this purpose, the aforementioned13 agencies may avail the support of national student organizations.I415 An Oversight Committee is hereby created composed of two (2) members each from the16 Committee on Basic Education and two (2) members from the Committee on Higher Education17 of the Senate and House of Representatives, to be constituted and co-chaired by the head of18 the committees to evaluate and monitor the implementation of this Act. The Oversight19 Committee shall automatically consider the reports of the concerned government agencies,l0 student organizations, and student councils and governments.2 l22 SEC. 36. Repealing Clause. - All laws, decrees, orders, rules and regulations or other23 issuances or parts thereof which are inconsistent with the provisions of this Act are hereby24 repealed or modified accordingly.2526 SEC. 37. Separabil ity Clause. lf any provision of this Act is held invalid or27 unconstitutional, other provisions not affected shall continue to be in full force and effect.2829 SEC. 38. Effectivity. This Act shall take effect fifteen (15) days after its complete30 publication in at least two (2) newspapers of general circulation.3132 Approved,

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