Engaged Time on

SCHOOL DISCIPLINE

Engaged Time on-Task

DepEd ORDER 9 s. 2005 – INSTITUTING MEASURES TO INCREASE ENGAGED TIME ON - TASK AND ENSURING COMPLIANCE THEREWITH

As a matter of policy, the prescribed number of school days shall be strictly spent on engaged time on task, A SCHOOL DAY is desired as a day devoted to instructionally relevant activities pursuant to engaging students in learning the lesson of the curriculum. Any school day or part thereof spent otherwise is classified as a DISRUPTION.

CLASSES should not be suspended even while there are school celebrations of important historical events or significant occasions, such as United Nations Day, Arbor Day, Nutrition month and others. Discussions should be integrated in related subject areas during the regular classroom day

Every school head shall prepare an implementation plan for the 5-day mid-year break which shall include the In-service training of teachers and the assignment/homework to be given to students for that period.

Policy on Absenteeism and Tardiness

CSC M.C. #4 s. 1991

The Civil Service Commission, pursuant to its mandate as the central personnel agency of the government, hereby promulgate the following guidelines and rules on absenteeism and tardiness:

A. HABITUAL ABSENTEEISM

1.An officer or employee in the civil service shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the leave law for at least three (3) consecutive months during the year.

In case of claim of ill health, heads of department of agencies are encouraged to verify the validity of such claim and, if not satisfied with the reason given, should disapprove the application for sick leave. On the other hand, cases of employees who absent themselves from work before approval of their application should be disapprove outright; and

In the discretion of the Head of any department, agency or office, any government physician may be authorized to do a spot check on employees who are supposed to be on sick leave. Those found violating the leave laws, rules or regulations shall be dealt with accordingly by filing appropriate administrative cases against them.

HABITUAL TARDINESS

Any employee shall be considered habitually tardy if he incurs tardiness, regardless of the number of minutes, ten (10) times a month for a least (2) months in a semester or at least two (2) consecutive months during the year.

SANCTIONS

1.The following sanctions shall be imposed for violation of the above guidelines:

a.For the first violation, the employees, after due proceedings, shall be meted the penalty of 6 months and 1 day to 1 year suspension without pay:

b.For the second violation, and after due proceedings, he shall be dismissed from service.

CSC Resolution no. 080096 on the Working Hours for Public School Teachers. (DepEd Memorandum No. 291, s. 2008)

�A teacher with six (6) hours of actual classroom teaching and or equivalent teaching-related activities and duties shall render the remaining two (2) hours of work within or outside the school premises to comply with the eight-hour workday by engaging in the following teaching-related activities.

�In the exigencies of the service, a public school teacher may be required to render more than six (6) hours of actual classroom teaching or more than eight (8) hours of work in a day. Provided that additional compensation computed at the same hourly rate of the regular compensation plus a premium of twenty-five percent (25) of the hourly rate shall be paid for actual classroom teaching in excess of six (6) hours and for work performed in excess of eight (8) hours.

�Overtime pay can only be claimed for actual teaching and/or work performed within the school premises. In the event of non-availability of funds, service credits shall be granted and one hour overtime work shall be 1.25 hours for purposes of determining the service credits.

Duty to discipline is mandated by the Constitutions—

“(All educational institutions) xxx shall teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline xxx.”

Teacher Liability:

IN LOCO PARENTIS

…..which means to assume the duties and responsibilities of a parent.

In school environment teachers are provided a legal status called “In Loco Parentis” to act as a temporary parent, in place with a parent or charged with a parents’ rights, duties and responsibilities.

Teachers work under the “In Loco Parentis” status are given AUTHORITY and RESPONSIBILITY to act in place of a parent. (This kind of authority is exercised if the students are 18 years of age and above.)

For students below 18 years of age, Art. 218 of the civil Code applies:

“The school, its administrators engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.”

AUTHORITY and RESPONSIBILITY shall apply to all authorized activities wholly inside or outside the premises, entity or institution

Art. 219

Those given the authority and responsibility shall be principally and solitarily liable for damages caused by the acts or omissions of the minor, the parents, judicial guardians or the persons exercising substitute parental authority shall be liable.

However, the respective liabilities shall not apply if it is proved that they exercised the diligence required under the particular circumstances.

Two Basic Duties of a Teacher

�INSTRUCTION – Delivery of quality instruction

◦Delivery in the form of quality instructions in the classroom, greater parental involvement and more commitment, individualization of instruction can help

◦

�SUPERVISION – taking care of the students in and outside of the school

Example:

1. During P.E. classes, teacher should be visible and in full view of all the students. If however two teachers are talking and therefore not aware of student activities and a student is injured in a fight or fall causing injury, those two teachers may have liability for failure to fulfill their duty of supervision

2.UNATTENDED CLASSES

In the case of a teacher leaving a class unattended, the injury to a student during the time that the room was unattended may be a cause for legal action against a teacher.

…the student is in the custody of the school authority as he is under the control and influence of the school and within its premises, whether the semester has not yet begun or has already ended.

As long as it can be shown that the student is in the school premises in pursuance of a legitimate student objective in the service of a legitimate student right and even in the enjoyment of privileges, the responsibility of the school over the student continues.

Legal Basis of School’s Authority to Discipline

MRPS (DECS Order No. 92, s. 1992)

Section 74. Authority to Maintain School Discipline. Every school shall maintain good school discipline inside the school campus as well as outside the school premises when pupils or students are engaged in activities authorized by the school.

Section 74 mandates for the following—

1)Duty to discipline students

2)Who must discipline students; and

3)Extent of duty to discipline students

Student discipline is VITAL, not merely to the smooth and efficient operation of the school, but to its very survival

HENCE…

Schools do NOT have a RIGHT to discipline BUT a DUTY/OBLIGATION to discipline students

vformer connotes discretion, the latter does NOT

Who must discipline student? Who are DUTY BOUND to exercise discipline over Students?

Answer:

All school personnel—Academic or Non-Academic—All personnel therefore have the duty to:

a)Teach discipline;

b)Prevent intended misconduct from being committed;

c)Report to authorities students’ misconduct.

Extent of School Authority to Discipline

How far does the school’s authority to maintain school discipline among its community members, particularly its students, extend?

It is undisputed that the school can discipline its community members within the school campus during class hours.

“x x x It is the better view that there are instances when the school might be called upon to exercise its power over its students x x x for acts committed outside the school and beyond school hours in the following:

a) In cases of violations of school policies or regulations occurring in connection with a school-sponsored activity off-campus;

b) In case where the misconduct of the student involves his status as a student or affects the good name or reputation of the school.”

Therefore when students misbehave outside the campus and the misconduct complained of directly affects the offender’s status as a suitable member of that community, there is no reason why schools may not impose disciplinary sanctions on him.

Authority to impose sanctions limited only to—

1)School Administrations; and

2)Academic personnel

THUS, Non-academic personnel may not impose sanctions.

Basic Rule in Imposing SANCTIONS

“No cruel or physically harmful punishment shall be imposed or applied xxx.”

As a PARENT

Article 218 of the Family Code provides—

“The school, its administrators and teachers, x x x engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.”

Article 219 of the Family Code provides—

“Those given the authority and responsibility under (Article 218) shall principally and solitarily liable for damages caused by acts or omissions of the unemancipated minor.”

BASIC RULE

As parents, the teachers shall use discipline not to punish but to correct, not to force, but to motivate; and not to obey with rigid cadence, but to choose to follow the right way.

Hence, schools cannot generally use methods of punishing or such degree of penalties that a good mother or a good father would not likely use on her/his own children.

Corporal Punishment (Article 233, 2nd par.)

“In no case x x x inflict corporal punishment upon the child.”

Definition: An act that inflict pain or harm upon a child’s body as punishment for wrong doing usually through beating and spanking

Elements:

a. physical contact

b. to inflict pain

ØVIII, 8. A teacher shall not inflict corporal punishment on offending learners nor make deductions from their scholastic ratings as a punishment for acts which are clearly not manifestations of poor scholarship.

Child Abuse (Violation of RA 7610)

�is maltreatment, whether habitual or NOT, of child which includes any of the following:

1)Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

2)Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of child as a human being;

Teacher Liability for Possible CHILD ABUSE

For disciplinary sanctions/ penalties – if such sanctions are psychologically and physically abusive, cruel or considered as emotional maltreatment

Criminally liable by virtue of Section 10, RA 7610 which provides—

“(a) Any person who commits any other acts of child abuse, xxx shall suffer the penalty of prision mayor in its minimum period.”

On Release of Students' Records

Section 9, pars. 4 & 5, BP 232—

Rights of Students in School.

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

The right to the issuance of official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within 30 days from request.”

Right to access to records is an individual right, which means a right conferred by law upon the student ONLY!! within 30 days.

Must promptly render or give grades. Otherwise, the unjustified or unreasonable delay in giving grades constitutes gross neglect of duty.

Issuance of transfer credentials establishes that—

1)Student is free from all financial and property responsibilities

2)Not under a term of suspension or expulsion; and

3)Fully eligible to transfer

DepEd Ruling:

Once school releases transfer credentials, school cannot withhold anymore transcript of records (TOR) for non-payment of school fees.

To the Parents

Section 8, par. 2, BP 232—

“Rights of Parents.

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

�Conflicting claims between Father and Mother – Joint parental custody – hence, both do have a right to access of school records.

BUT… If legally separated or marriage annulled – determine who has legal custody over the MINOR

Generally, if of age already, parents cannot demand access to records of their children without latter’s consent.

�DepEd: Even if already of age, but if student is still wholly dependent on parents for support, latter may still have access to records.

To Third Persons (Outside of the School)

Records in Registrar’s files

Classified or Strictly Confidential

§personal and academic records of students

§baptismal or birth certificates (PD 607, Article 7)adoption papers

§academic reports

§medical and guidance reports

§disciplinary records (if entrusted)

§alien certificate of registration

Unclassified or Non-Confidential

§enrollment list

§class and teacher programs

§teaching contracts

§directory of grades

§school annuals

§catalogs

§approval of courses

§permits or recognitions

§statistical records

Libel and Slander

Three (3) common circumstances in which schools might defame students or their parents in the normal course of their duties—

1.While making derogatory verbal comments to other teachers, administrators, students or others

2.Recording derogatory references that might be consulted by other schools or employers or placing derogatory written statements in a student’s report card or cumulative record

First: GOSSIP

Schools are not expected to injure the reputation of their students or parents, or to diminish the esteem, respect, good will or confidence in which they are held.

Second: Entry in Student Records

If the statement has no apparent bearing on the student’s education, or is speculative, beyond the maker’s professional skill or capacity, it may be a ground for LIBEL

Hence…

Do NOT characterize the student’s or parent’s action (Not adjective)

BUT…

to present an illustration of behavior actually encountered. (Facts)

ADVISE:

AVOID descriptors and characterization in favor of brief factual statements of behavior and the circumstances surrounding it

Hints for Entries in Student Records

Information in student records must be accurate, clear and precise and confined to matter that have a direct bearing on the ability of educator to foster students learning.

Disputes occasionally arise over ACCURACY or VALIDITY of INFORMATION in student’s permanent record.

Example: Grades not recorded properly or computed correctly

BUT…

MOST common DISPUTE center on ANECDOTAL INFORMATION recorded about the student’s social and academic growth

Seven (7) Criteria to Ensure Anecdotal Information

1)Descriptive;

2)Verified;

3)Interpretation limited to professional skills;

4)Complete;

5)Useful;

6)Objective;

7)Dated and signed

Specific Issues on the Legality of the Release of Records

�May a student record be released to a company with whom he has filed an application for a job?

When a student applies for a job in a company, the act may be taken to mean as granting an implied authority to release the records. Would it therefore be safe to comply with the request to release the same?