IRR of REPUBLIC ACT NO. 11638, April 04, 2024
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11638
Pursuant to Section 5 of Republic Act No. 11638 titled, ” An Act Recognizing CCF Life Academy Foundation, Inc. as an Educational Institution of as Such, and for Other Purposes,” approved on December 10, 2021, as the Secretary of Education, in consultation with the members of the Board of the School, hereby issues the following rules and regulations to implement the provisions of the Act:
RULE I
PRELIMINARY PROVISIONS
Section 1. Title. These rules and regulations shall be referred to as the Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 11638, otherwise known as ” An Act Recognizing CCF Life Academy Foundation, Inc. as an Educational Institution of International Character , Granting Certain Prerogatives to Hasten its Growth as Such, and for Other Purposes.”
Section 2. Rationale. This IRR enables the CCF Life Academy Foundation , Inc.to continue carrying out its educational programs, improve its standard of instruction, and meet the special needs of the foreign temporary resident community it serves for quality education. As an educational institution of international character, the School operates educational programs and services that are comparable, compliant with, and at par with universally accepted international standards and pratices.
This IRR shall be aligned with the constitutional mandate outlined in Article XIV of 1987 Constitution, acknowledging the complementary roles of private institutions within the educational system and permitting the State to exercise reasonable supervision and regulation over said institutions. Furthermore, it shall be in accordance with the purpose and objectives laid out in RA No. 9155, commonly referred to as the “Governance of Basic Education Act of 2001” which establishes the framework for governing basic education, entrusting DepEd with the authority, accountability, and responsibility for attaining elevated learning outcomes. Finally, this IRR adheres to the provisions outlined in Executive Order No. 292 or the Administrative Code of 1987 which mandates DepEd to exercise supervision over all educational institutions.
To the extent applicable to foreign or international schools, this IRR shalll also be compliant with the purposes and objectives of RA 10533, otherwise known as the “Enhanced Basic Education Act of 2013,” which provides the structure, policies and standards of educational programs being offered at the basic education level by institutions of learning operating in the Philippines.
Section 3. Declaration of Policy. This IRR shall be interpreted in the light of RA 11638, consistent with the provisions of RA 9155, RA 10533 and all other basic education laws and basic education-related laws enacted thereafter.
Section 4. Official Recognition. The CCF Life Academy Foundation Inc., herein referred to as the “School”, registered as “CCF Life Academy International,” is hereby declared and officially recognized as a basic educational institution of international character authorized to operate educational programs that primarily and principally adhere to universally accepted and recognized educational policies.
Section 5. Definition of Terms. For purposes of the IRR, the following terms shall mean or be understood as follows:
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5.1
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“Act” refers to RA 11638 titled ” An Act Recognizing CCF Life Academy Foundation, Inc. as an Educational Institution of International Character, Granting Certain Prerogatives to Hasten its Growth as Such, and for Other Purposes.” | |
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5.2
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Basic educational institution of international character” refers to foreign or international schools based in the Philippines, duly accredited and/or recognized by DepEd and authorized to offer any of the following Basic Education Programs: | |
| i. | Kindergarten education – shall mean one (1) year of preparatory education for children at least five (5) years old as a pre-requisite for Grade1; | |
| ii. | Elemetary education – refers to the second stage of compulsory basic education which is composed of six (6) years; and | |
| iii. | Secondary education – refers to third stage of compulsory basic education consisting of four (4) years of junior high school education and two (2) years of senior high school education. | |
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5.3
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“Co-curricular activities” refer to authrized, voluntary, and non-graded engagements, whether on or off-campus, that reinforce the development of 21st-century skills conducted beyond the scheduled contact time between teachers and students. The activities must be anchored on both the content and performance standards in the curriculum. | |
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5.4
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“Curricular activities” refer to opportunities and experiences undertaken by the learners in the classrooms, laboratories, workshops, and homes as well as school-based and out-of-school activities conducted to ensure the learner’s acquisition of the K to 12 learning and 21st-century skills. | |
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5.5
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“Foreign” or “International School,” as distinguished from Philippine private school, refers to schools duly established and authorized in accordance with the existing Philippine laws to operate certain educational programs that primarily and principally adhere to either universally accepted and recognized educational policies and standards or the unique differentially prescribed system of education of a particular country other than Philippines.
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5.6
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“RA 9155” refers to RA 9155 titled, “An Act Instituting a Framework of Governance for Basic Education, Establishing Authorityand Accountability, Renaming the Department of Education, Culture and Sports as the Department of Education and for Other Purposes,” otherwise known as the “Governance of Basic Education Act of 2001.”
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5.7
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“RA 10533″ refers to RA 10533 titled, “An Act Enhancing the Philippine Basic Education System by Strengthening Its Curriculum and Increasing the Number of Years for Basic Education, Approriating Funds Therefor and for Other Purposes,” otherwise known as the “Enhanced Basic Education Act of 2013.”
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5.8
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“Secretary” refers to the Secretary of DepEd. | |
Section 6. Governing Body and Grant of Prerogatives
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6.1
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The Academy shall be governed by a Board of Trustees, herein referred to as the “Board”, elected at large from among the School’s members of good standing in accordance with its Articles of Incorporation and By-Laws duly filed with the Securities and Exchange Commission.
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6.2
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In line with Section 8 of this IRR, to enable the School to continue carrying out its educational program, improve its standard of instruction, and meet the special needs of the foreign temporary resident community for quality education, it shall:
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6.2.1
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Except for those donations prohibited by DepEd, be able to accept provisions and donations of every kind to carry out the purposes of the School and be entitled to use properties, real or personal, so donated and to construct and own buildings thereon exclusively for educational purposes;
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6.2.2
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Whenever necesarry to carry out its objectives, have the right to obtain leases on real properties, acquire personal properties, tangible or intangible, or any interests in such properties other than real, by purchase, lease, barter, donation, gift, or otherwise, and dispose of, mortgage or encumber them for the benefit of the School, subject to the limitations provided by law;
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6.2.3
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Accept applicants for admission, regardless of nationality, in accordance with its own eligibility standards, and rules for admission and grade placement: Provided, That no single alien nationality shall consist more than thirty percent (30%) of the entire student population in a given school year, as stated in the records of the School, except in case of dependents of foreign diplomatic personnel or other foreign temporary residents, as may be provided and defined by law and/or by the proper concerned government agency;
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6.2.4
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Be managed and administered by a President, Headmaster, School Head, or Principal, who possesses the qualifications prescribed by the Board;
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6.2.5
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Following consultation and approval from the Secretary and adherence to Section 7.1. of this IRR and to DepEd regulations and standards on curriculum and teaching, determine its own curriculum and teach whatever language or languages it may deem proper, and determine the amount of fees and assessments which may be reasonably imposed upon its learners, to maintain or conform to the School’s standard of education;
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6.2.6
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Maintain the international standards of education compatible with those obtained in similar schools of generally recognized standing;
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6.2.7
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Employ its own teaching and management personnel selected by the Board eithet locally or abroad, from the Philippines or other countries or nationalities, such foreign personnel being exempt from otherwise applicable laws and regulations attending their employment, except laws have been or will be enacted for the protection of employees: Provided, That such exemption shall not extend to their liability for income taxes, unless otherwise provided by a bilateral agreement: Provided, further, That the School shall give priority in hiring locally qualified teaching and management personnel;
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6.2.8
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Promote international friendship, goodwill, and understanding among members of the foreign community and citizens of the Philippines; and
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6.2.9
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Not to teach anything derogatory to the prestige and well-being of the Philippines and its people, nor those which will subvert its institutions and government.
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RULE II
CURRICULUM AND INSTRUCTION
Section 7. Curriculum and Instruction.
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7.1
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Consistent with Section 3(e) of the Act and Section 6.2.5 of Rule I of thie IRR and, subject to future regulation and upon consultation and approval with the Secretary, the School shall submit its curriculum and fee structure to the DepEd at least ninety (90) days prior to the effectivity thereof to ensure laws and rules governing international schools are not violated.
Any changes in curriculum and increase in tuition and other fees may only be effective after consultation with DepEd. |
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7.2
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The School shall adopt and deliver internationally recognized academic and curricular programs which uphold and advance the School’s core vision and tenets, and which lead to academic transitions to schools and tertiary institutions worlwide.
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RULE III
SUPERVISION AND REGULATION
Section 8. Supervision and Regulation of the Department of Education. Notwithstanding the prerogatives granted under the Act and this IRR, DepEd shall exercise reasonable supervision and regulation over the School. The School shall adhere to basic laws and rules and regulations of DepEd governing private schools applicable to international or foreign schoools.
RULE IV
FINAL PROVISIONS
Section 9. Separability Clause. If any clause, sentence, paragraph or part of this IRR is subsequently declared unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect.
Section 10. Amendments. Amendments to this IRR shall be promulgated by the Secretary, after consultation with the School.
Section 11. Repealing Clause. All DepEd Orders and other related issuances, rules and regulations, and provisions, which are inconsistent with this IRR, are hereby repealed, rescinded, or modified accordingly.
Section 12. Effectivity. This IRR shall take effect immediately after its publication in the Official Gazette or in a newspaper of general circulation.
This IRR shall be registered with thhe Office of the National Administrative Register (ONAR) at the University of the Philippines Law Center, UP Diliman, Quezon City.
Done this 04 day of April, 2024.
(SGD.) SARA Z. DUTERTE
Vice President and Secretary
Department of Education
