H. No. 3826 : 108 OG No. 9, 907 (February 27, 2012)
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1.
Short Title. – This Act shall be known as the “Kindergarten Education Act”.
SEC. 2.
Declaration of Policy.
– In consonance with the Millennium Development Goals on achieving
Education for All (EFA) by the year 2015, it is hereby declared the
policy of the State to provide equal opportunities for all children to
avail of accessible mandatory and compulsory kindergarten education that
effectively promotes physical, social, intellectual, emotional and
skills stimulation and values formation to sufficiently prepare them for
formal elementary schooling. This Act shall apply to elementary school
system being the first stage of compulsory and mandatory formal
education. Thus, kindergarten will now be an integral part of the basic
education system of the country.
Kindergarten education is vital
to the academic and technical development of the Filipino child for it
is the period when the young mind’s absorptive capacity for learning is
at its sharpest. It is also the policy of the State to make education
learner-oriented and responsive to the needs, cognitive and cultural
capacity, the circumstances and diversity of learners, schools and
communities through the appropriate languages of teaching and learning.
SEC. 3.
Definition of Terms. – The terms used in this Act are defined as follows:
(a)
DepEd shall refer to the Department of Education;
(b)
BEE shall refer to the Bureau of Elementary Education;
(c)
Kindergarten education
shall be understood in this Act to mean one (1) year of preparatory
education for children at least five (5) years old as a prerequisite for
Grade I; and
(d)
Mother tongue refers to the language first learned by a child.
SEC. 4.
Institutionalization of Kindergarten Education.
– Kindergarten education is hereby institutionalized as part of basic
education and for school year 2011-2012 shall be implemented partially,
and thereafter, it shall be made mandatory and compulsory for entrance
to Grade 1.
SEC. 5.
Medium of Instruction. – The State
shall hereby adopt the mother tongue-based multilingual education
(MTB-MLE) method. The mother tongue of the learner shall be the primary
medium of instruction for teaching and learning in the kindergarten
level. However, exceptions shall be made to the following cases:
(a)
When the pupils in the kindergarten classroom have different mother
tongues or when some of them speak another mother tongue;
(b) When the teacher does not speak the mother tongue of the learners;
(c) When resources, in line with the use of the mother tongue, are not yet available; and
(d) When teachers are not yet trained how to use the MTB-MLE program.
In
such exceptional cases, the primary medium of instruction shall be
determined by the DepEd aligned with the framework being used in the
elementary level including teacher training and production of local
resources and materials under DepEd Order No. 74, series of 2009.
The
DepEd, in coordination with the Commission on Filipino Language and in
close collaboration with academic and research institutions concerned
with education, shall formulate a mother tongue-based multilingual
framework for teaching and learning:
Provided, That the DepEd
will include teaching strategies as defined in Section 7(c) which aims
to introduce and eventually strengthen the child’s understanding of
English, which is the official language.
SEC. 6.
Implementing Agency. –
The authority to regulate the organization, operation and/or
implementation of the kindergarten education program of both public and
private schools shall be vested upon the DepEd, through the creation of a
new Division under the BEE and other necessary support to achieve
successful implementation of kindergarten education to include, but not
limited to, increasing the number of kindergarten teacher positions with
the required salaries and benefits, enhancing teacher training in early
education, and providing the necessary allocations for classrooms and
chairs, facilities and equipment, and textbooks.
SEC. 7.
Duties, Powers and Functions. – The DepEd, through the BEE, shall exercise the following powers and functions:
(a) Oversee and supervise the organization, operation and implementation of the kindergarten education program;
(b)
Develop the curriculum for kindergarten education consistent with the
universally accepted norms and standards, including values formation all
of which shall be developmentally appropriate, and use of the MTB-MLE
as a medium of instruction and to periodically review such for purposes
of upgrading;
(c) Develop teaching strategies using the unique feature of the MTB-MLE which shall include, but not limited to, the following:
(1) The two-track method (storytelling and reading, listening story, oral communication activities);
(2) Interactive strategies;
(3) Use of manipulative games; and
(4) Experiential, small group discussions and total physical response (TPR) among others.
The learning development materials shall consist of the following at the minimum:
(i) Listening story;
(ii) Small books;
(iii) Big books;
(iv) Experience story;
(v) Primer lessons; and
(vi) Lessons exemplars;
(a)
Conceive, develop and extend a continuing professional development
program for kindergarten teachers to ensure constant updating of their
knowledge in current trends, pedagogy, methodologies and concepts on
early childhood education;
(b) Prescribe the necessary
qualifications for the hiring and accreditation of teachers who will
handle the kindergarten education program;
(c) Exercise authority over the operation of private kindergarten institutions;
(d)
Supervise the establishment of various venues for early childhood
education which may be institution-based, home-based, hospital-based or
community-based, and which shall be duly accredited by the DepEd; and
(e) Introduce innovative programs in kindergarten that shall include educational technologies, whenever applicable.
SEC. 8.
Appropriations. –
The DepEd shall immediately include in the program of the Department
the operationalization of the free, mandatory and compulsory public
kindergarten education, the initial funding of which shall be charged
against the current appropriations for kindergarten education of the
DepEd. Thereafter, such sums which shall be necessary for the continued
implementation of the free public kindergarten education program shall
be charged to the General Fund and included in the annual General
Appropriations Act.
SEC. 9.
Implementing Rules and Regulations. –
Within ninety (90) days after the effectivity of this Act, the DepEd,
in consultation with the Department of Budget and Management, shall
promulgate the rules and regulations needed for the implementation of
this Act.
SEC. 10.
Separability Clause. – If any provision
of this Act is held invalid or unconstitutional, the same shall not
affect the validity and effectivity of the other provisions hereof.
SEC. 11.
Repealing Clause.
– Pertinent provisions of all other laws, decrees, executive orders and
rules and regulations contrary to or inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.
SEC. 12.
Effectivity Clause.
– This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation.
Approved,
(Sgd.) JUAN PONCE ENRILE | (Sgd.) FELICIANO BELMONTE JR. |
President of the Senate | Speaker of the House of Representatives |
This
Act which originated in the House of Representatives was finally passed
by the House of Representatives and the Senate on November 23, 2011 and
November 21, 2011, respectively.
(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP |
Secretary of the Senate | Secretary General House of Representatives |
Approved: JAN 20 2012
(Sgd.) BENIGNO SIMEON C. AQUINO III |
President of the Philippines |