LEGAL AND LEGAL AND ETHICALETHICAL

ASPECT OF ASPECT OF PRINCIPAL PRINCIPAL

AND AND TEACHERSTEACHERS

Norms of Conduct of Public Norms of Conduct of Public Officials and EmployeesOfficials and Employees

• Commitment to public interest.• Professionalism.• Justness and sincerity.• Political neutrality.• Responsiveness to the public.• Nationalism and patriotism.• Commitment to democracy.• Simple living.

Code of Ethics for Professional Teachers Code of Ethics for Professional Teachers adopted and promulgated by the Board for adopted and promulgated by the Board for Professional Teachers through Board Professional Teachers through Board Resolution No.435, series of 1997, pursuant Resolution No.435, series of 1997, pursuant to the provisions of paragraph (e), Article II to the provisions of paragraph (e), Article II of RA No.7836, otherwise known as the of RA No.7836, otherwise known as the “Philippine Teachers Professionalization Act “Philippine Teachers Professionalization Act of 1994”of 1994”

Violation of Code of Ethics for Violation of Code of Ethics for Professional TeachersProfessional Teachers

Article XII, section 1

“Any violation shall be sufficient ground for the revocation of

license.”

Standard of Conduct and Morality Standard of Conduct and Morality of Principals and Teachersof Principals and Teachers

Teacher as Professionals

Duly licensed professionals who possess dignity and reputation with high moral values as well as technical and professional competence. In the practice of their noble profession, they strictly adhere to observe, and practice this set of ethical and moral principles, standard and values.

(Preamble, Code of Ethics forProfessional Teachers)

Code of Ethics, Article III, Section 3Code of Ethics, Article III, Section 3“ Every teacher shall merit reasonable social recognition for which purpose he shall behave with honor and dignity at all times And refrain from such activities as gambling, smoking, drunkenness and other excesses ,much less illicit relations.”

Code of Ethics Article XI, Section 2Code of Ethics Article XI, Section 2“A teacher shall

place premium upon self respect and self-discipline as the principle of personal behavior in all relationships with others and in all situations.”

Code of Ethics Article XI, Section 3Code of Ethics Article XI, Section 3A teacher shall

maintain at all times a dignified personality which could serve as model worthy of emulation by learners, peers and others.”

Joseph Santos vs NLRC, Hagonoy Institute Inc.Joseph Santos vs NLRC, Hagonoy Institute Inc.

“ As a teacher, (one) serves as an example to his/her students.

Consequently teachers must adhere to the exacting standards of morality and decency. A teacher both in his official and personal conduct must display exemplary behavior.”

Duties of the Secondary School PrincipalDuties of the Secondary School Principal• Chapter 2, Section 4(2) of the 2000 Service Manual

Provides leadership in the formulation and implementation of policies;

Prepares the school programs, assignment of teachers as well as testing schedules;

Prepares the school budget;

Leads in curriculum development;

Plans and organizes the co-curricular activities of teachers and students;

Sees to it that the school is provided with proper health and medical facilities.

Evaluates and rates performance of teachers;

Organizes the guidance program of the school;

Maintains good public relations; and

Conducts in-service education program.

In sum, Principalship involves two (2) very In sum, Principalship involves two (2) very important functions:important functions:

Ensure quality education; and

Ensure discipline, safety and welfare of the students

A. To Ensure Quality EducationA. To Ensure Quality Education

Article XIV, Sec. 1, 1987 Constitution

“ The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.”

What is QUALITY EDUCATION?What is QUALITY EDUCATION?

“Making sure that basic education is really solid, because if it is not solid, it affects the quality of secondary education. If secondary education is poor, then the person goes to college unprepared for college work. And if he is allowed to graduate again with a poor quality college education, he goes to university professional education even more unprepared.”

Fr. Bernas, S.J.

In shortIn short

A school, before promoting or graduating a students, must be sure that he/she (the student) is functionally literate to go through next higher level.

1. 1. Principals must ascertain that the Principals must ascertain that the competence and efficiency of teachers.competence and efficiency of teachers.

Code of Ethics for Professional Teachers, Article IV, Section 2-

“ Every teacher shall uphold the highest possible standards of quality education, shall make the best preparation for the career of teaching, and shall be at his best at all times in the practice of his profession.”

BP 232( Education Act of 1982) Section 16 BP 232( Education Act of 1982) Section 16 (2) provides-(2) provides-

“ The teacher shall be accountable for efficient and

effective attainment of

specified learning objectives.”

Code of Ethics further mandates that-Code of Ethics further mandates that-Article IV, Section 3.Article IV, Section 3.

“ Every teacher shall participate in the continuing professional education (CPE) program of the PRC, and shall pursue such other studies as will improve his efficiency, enhance the prestige of the profession, and strengthen his competence, virtue and productivity in order to be nationally and internationally competitive.”

“A teacher shall ensure that conditions contributive to the maximum development of learners are adequate and shall extend assistance in preventing or solving learners’ problems and difficulties.”

Article IV, Section 3.

In short-In short-A teacher is expected to be efficient

and competent in the performance of his academic duties at all times.

Otherwise,A teacher who has consistently

shows his inability to efficiently perform his duties and responsibilities, within a common performance standards should not be allowed in school.

Hence, the SC held in Evelyn Pena vs. NLRC that-Hence, the SC held in Evelyn Pena vs. NLRC that-

“Schools can set high standards of efficiency for its teachers since quality education is a mandate of the Constitution security of tenure cannot be used to shield incompetence,”

2) 2) Principals must ascertain the proper Principals must ascertain the proper evaluation of learnersevaluation of learners

In evaluating/giving grades the following rules of conduct must be observed-

Code of Ethics provides-“ A teacher has the duty to determine the academic marks and the promotion of learners in the subject they handle. Such determination shall be in accordance with generally accepted procedure of evaluation and measurement on case of any complaint, teachers concerned shall immediately take appropriate action, observing the process.”

(Article VIII, Section 1)

(Article VIII, Section 3)

“ Under no circumstances shall a teacher be prejudiced nor discriminatory against any learner.”

(Article VIII, Section 4)

“ A teacher shall not accept favors or gifts from learners, their parents or other in their behalf in exchange for requested concessions, especially if undeserved.”

(Article VIII, Section 3)

“ A teacher shall base the evaluation of the learner’s work on merit and quality of academic performance.”

In computing the gradesIn computing the grades

Section 16(5) of BP 232 mandates that a teacher shall-

“ Refrain from making deductions or additions in student’s scholastic ratings for acts that are clearly not manifestations of scholarship.”

Code of Ethics provides-Code of Ethics provides-

Article VIII, Section 8

“ A teacher shall not make deductions from their scholastic ratings as a punishment for acts which are clearly not manifestations of poor scholarship.”

Duty to give grades/evaluationDuty to give grades/evaluation

Section 16(3) of BP 232, teacher shall-“ Render regular reports on performance of each student and to the latter and to the latter’s parents and guardians with specific suggestions for improvement.”

and“Must promptly render or give grades, otherwise, the unjustified or reasonable delay in giving grades constitutes gross neglect of duty.

Keeping of School RecordsKeeping of School RecordsBP 232, Sec.16(3), Obligation of Teachers-

“ Render regular reports on performance of students.”

Section 9(4) and (5) Rights of Students/Parents

“ The right of access to school records.”

“ The right to issuance of school records 30 days from request.”

In the case of University of the East vs In the case of University of the East vs Romeo A Jader, the SC declared-Romeo A Jader, the SC declared-

“ It is the contractual obligation of the school (through the teachers) to TIMELY, INFORM AND FURNISH sufficient notice and information to each and every student as to whether he/she had already complied with all the requirement.”

“ The negligent act of a teacher who fails to observe the rules of the school, for instance, by not promptly submitting a student’s grade is not only imputable to the teacher but is an act of the school being his/her employer.”

Attendance and Punctuality of Attendance and Punctuality of TeachersTeachers

Unauthorized absences/tardiness- 1st/6months to 1 year suspension, 2nd/Dismissal

Habitually absent 2.5 days/month x 3 months in semester or

3 consecutive months in a year. Habitually tardy

10x/month at least 2 months in a semester or 2 consecutive months in a year.

ISSUE:ISSUE:What if the frequency of absence is “Habitual” in character

but EXCUSABLE? Can teacher be terminated?ANSWERSupreme Court said-

“ A working mother who has to frequently absent because she has also to take care of her child may also be removed because of her poor attendance, however, the award of separation pay would sustain under the social justice.”

(PLDT vs NLRC, 164 SCRA 671)

Abandonment( Absence from work and Abandonment( Absence from work and deliberate intent to discontinue to return)deliberate intent to discontinue to return)

Two (2) REQUISITES

(A) Absences without authority

(B) Intention not to return

How to declare ABANDONMENT?How to declare ABANDONMENT?

• Two Letter Principle As soon as a teacher starts to incur

absences continuously without official leave or authority-send 1st letter requiring him/her to report immediately and explain; andsend 2nd letter informing him of termination due to abandonment.

N.B.N.B.

Unless employee is sent the second letter of termination, he/she remains an employee. Hence, if she comes back, the right to his/her position may still legally exist no matter how long the absence.

Ensure Discipline, Safety and Welfare of the Ensure Discipline, Safety and Welfare of the students: Principals Must Remind Their Teachers students: Principals Must Remind Their Teachers that they are Parents. As a PARENT: Principal’s that they are Parents. As a PARENT: Principal’s Duty to Exercise Parental Authority and Duty to Exercise Parental Authority and ResponsibilityResponsibility..Article 218, Family Code Provides

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

Article VII, Section 2)

“ A teacher shall recognize that the interests and welfare of learners are his first and foremost concern, and shall handle each learner justly and impartially.”

Parental Authority to DisciplineParental Authority to Discipline

“ 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 follow the right way.

Hence, teachers 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 (2Corporal Punishment- Article 233 (2ndnd Par) Par)

“ In no case 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: physical contact

to inflict Pain.

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

Teacher must always adhere to-

RA 7610 Child Abuse ACT

Sale of Tickets; collection of Sale of Tickets; collection of contribution/donations from studentscontribution/donations from students

BP 232, Sec.9(9)- students have right to be free from (Voluntary) involuntary contributions.

Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children.

Teachers as LeadersTeachers as Leaders

Developing the leaders around you

What teachers should knowWhat teachers should know

Pedagogical ShiftsElementary and High School education must prepare students not only to take the College entrance examinations but also to solve real world problemsEducational Institutions to shift from the role of “GATEKEEPERS” into a “Dynamic Hub of Learning”Reassessment & Retooling of Pedagogical StakeholdersReinforcement of Reading, Writing and Mathematics as fundamental components for life long learning in the emerging Knowledge Based Society and Attention funded economy.

What teachers should beWhat teachers should be

Thrust –orientedEncouragingAffirmativeCommittedHolisticEmpoweringRewarding

What Leaders areWhat Leaders are

LearnerEnthusiasticAccountableDeterminedExampleRejuvenated

What are we here for?What are we here for?Create, do not only provide an environment for interactionAvoid too much comparisonTreat your classroom as your organization.Be a communicatorFocus on strength rather the weakness of students.Be a people person.De development oriented.Consider self-improvement.

“ We cannot become what we need to be by remaining what we are.”

Kawikaan 18:1-3Ang taong makasarili ay humihiwalay sa karamihan at salungat sa lahat ng tamang isipan. Walang saysay sa mangmang ang lahat ng bagay ang layon ay ipakitang mayoon syang nalalaman. Pagsipot ng kasamaan, kasunod ay kahihiyan. Pag nawala ang karangalan, kapalit ay kadustaan.

How we acquire knowledgeHow we acquire knowledge

• Associational ( common learning)• Analytical (questioning)• Intellectual (reasoning)

Steps in Steps in Training Training StudentsStudents

multiply

motivate

monitor

mentor

model

What you would needWhat you would need

Fresh IDEAS

Instruction

Demonstration

Exposure

Accountability

Sustainability

Always RISEAlways RISE

Reward

Indicating

Students

Expectations

“ Give yourself the gift of attention.”

Teachers should CARE BESTTeachers should CARE BEST

Communicate Believe in themAffirm Empower themRecognize Share with themExample Trust them

“ People won’t care how much you know until they know how much you care.”