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FEBRUARY 5 & 6, 2009 * 1.5 days - starts at 9:00AM * PENINSULA MANILA, MAKATI CITY
This one-and-a-half day seminar is designed to help schools understand education law to protect themselves from torts and liabilities arising from lawsuits, and at the same time align their administrative and operating policies to existing government regulations. The lecture will discuss very important legal and labor issues, special laws, updated cases, and solutions to problems normally encountered by schools. Whether you are planning to set up a school, maintain one, or expand its operation, this program is a must.
The course is also aimed at helping different stakeholders such as administrators, teachers, employees, students, and parents, understand and enforce their rights in a school system. The lecture and best practices examples are applicable to pre-schools, private educational institutions, and state universities.
YEARLY SEMINAR
Seminar Investment is P11,800. Inclusive of Meals, Resource Kit, &
Certificate of Attendance
REGISTER NOW and avail of Early Bird and Group DISCOUNTS
CALL (+63 2) 842-7148 or 59
EMAIL: jessica@cgbp.org
Check: http://www.cgbp.org
Certificate of Attendance
REGISTER NOW and avail of Early Bird and Group DISCOUNTS
CALL (+63 2) 842-7148 or 59
EMAIL: jessica@cgbp.org
Check: http://www.cgbp.org
Atty. Ulpiano P. Sarmiento III He is one of the very few recognized authorities in the field of education law. He has written the book, Education Law and the Private Schools which is the most comprehensive book on the subject matter. His involvement in education includes being Chairman of the San Beda College Board of Trustees and concurrently dean of the San Beda College of Law, Alabang. As a law practitioner, his clients include many of the biggest schools in the country, and he is a senior partner of Ulpiano Sarmiento & Marciano Delson. He is formerly undersecretary for legal and legislative affairs of the Department of Education, Culture & Sports (DECS).
Who Should Attend:
School Owners
Board of Trustees
School Administrators
Teachers & Employees
Discipline Officers
Legal Practitioners
Other stakeholders in the
education sector
School Owners
Board of Trustees
School Administrators
Teachers & Employees
Discipline Officers
Legal Practitioners
Other stakeholders in the
education sector
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Legal & Labor Issues in Education Law
Updates, Approaches & Best Practices Solutions to Cases
Objectives of the seminar:
- Protecting Schools by Understanding Education Law
- School Compliance to Existing Government Regulations to Avoid Liabilities
- Aligning Education Laws to School Policies and Administration
- Addressing and Solving Legal Problems in Education and Labor Issues
- Aligning Labor Contracts to Labor Laws for the Employment of Teachers and Non-Teaching Personnel
Morning Lecture Session: 9:00 am to 12:00 nn
IMPORTANT LEGAL ISSUES
I. State Regulation on Educational Institutions
A. Cases and Updates: Tuition Fees
B. Opening of New Branches
C. Opening of New Courses & Extension Classes
D. Best Practices and Red Flags
II. Student Legal Issues
A. Admission
B. Issues on Students Rights
1. Right to Stay in School
2. Right to Have Access to Records
3. Right to Speech, Expression, Press
4. Right to Privacy
C. Issues On Parents Rights
D. Student Discipline
1. Due Process
2. Legal Aspects of School Sanctions/ Penalties
3. Suspension
4. Expulsion (Exclusion & Disqualification)
5. Non-Readmission
E. Best Practices and Red Flags
III. Campus Security and Safety
A. School Liability for Torts
B. Legal Requirements to Avoid Liability
C. Concept of Parental Authority and Responsibility
D. Best Practices & Red Flags
Afternoon Lecture Session: 1:00 pm to 5:00 pm
IV. Special Laws and How Schools Can Protect Themselves
A. Sexual Harassment
B. Anti-Hazing Laws
C. Juvenile and Justice Welfare Act
D. Violence against Women and Children
E. Anti-Child Abuse
LABOR LAWS FOR EDUCATIONAL INSTITUTIONS
V. CLASSIFICATION OF SCHOOL PERSONNEL
A. Academic Personnel
1. Teaching
2. Non-Teaching
B. Non-Academic Personnel
Employment Groupings Based on Nature of Work/ Duties Functions of Non-Academic Personnel
Administrators / Managerial Employees
Supervisory Employees
Rank-and-File Employees
VI. SIGNIFICANCE OF DISTINCTION/CLASSIFICATION
VII. PRINCIPAL LAW TO GOVERN/CONFLICT OF LAW RULES
Two (2) Sets of Laws to Govern School Personnel
A. Education Law
1. Education Act of 1982
2. RA 6728, as amended by RA 8545
3. Act 2706, as amended by Act 3075
4. CA No. 180
5. RA 9155 - Creation of DepEd
6. RA 7722 - Creation CHED
7. RA 7796 - Creation of TESDA
8. RA 7836 - Regulatory Practice of Teaching
9. Manual of Regulations for Private Schools and Private Tech-Voc Institutions and
10. DepEd, CHED and/or TESDA Orders
B. Labor Laws
1. Labor Code of the Philippines
2. DOLE Rules and Regulations
Day 2: February 6, 2009
Morning Lecture Only: 9:00 am to 12:00 nn
VIII. EMPLOYMENT STATUS: PROBATIONARY PERSONNEL
A. On Probation
1. Probationary Employee
2. Probationary Period
3. Duration of Probationary Employment
a) Academic Personnel
i) Formal Education Basic and Tertiary
ii) Technical / Vocational
b) Non-Academic Personnel
IX. SECURITY OF TENURE
A. Probationary Personnel
1. Security of Tenure of Probationary Academic Personnel
Cases of Termination: Probationary Teachers
2. Security of Tenure of Probationary Non-Academic Personnel
Resume of Distinctions In Law Between Probationary Academic Personnel And Probationary Non-academic
3. Security of Tenure of Regular or Permanent Status
Minimum Educational and Government Requirements: In General
For Basic Education
For Tertiary Education
For Post-Graduate
For TVET
Non-Formal, Informal and Special TVET Programs
For Master Technical Program
B. Regular Employment of Non-Academic Personnel
C. Minimum Benefits and Working Conditions
1. Compensation
2. Basis of Minimum Wage
3. Basic Principle in Salary Payment: NO WORK, NO PAY
4. Two Types of Personnel Based on Kind of Salary Given
a. Monthly-Paid Employees
b. Daily-Paid Employees
Recommended Computation of the Equivalent Monthly Rate (EMR)
of Monthly Paid and Daily Paid Employee
Rule on Absences and Payment of Salaries
5. Facilities/Commodities as Part of Salary
6. Rules on Salary Payment
7. Salary Adjustments as a Result of Tuition Fee Increase
8. Statutory Monetary Benefits for School Personnel
9. Special Working Conditions for Private School Teachers
CAUSES OF TERMINATION
A. Failure to Obtain Professional License
B. Violation of Code of Ethics for Professional Teachers
C. Inefficiency and Incompetence in the Performance of Duties
D. Absences/Tardiness
E. Abandonment (absence from work and deliberate intent to discontinue to return)
How to declare ABANDONMENT?
F. Neglect of Duty
Failure to Exercise Parental Responsibility
Unreasonable Delay to Submit Students Grades
Neglect to Keep School Records
G. Immortality
Teachers as Professionals
H. Serious Misconducts
I. Willful Disobedience
Disobedience to Transfer
Refusal to Accept Promotion
Refusal to Relinquish Teaching as Required by School Administration
J. Requirement of Due Process
The First Notice: The Formal Charge
The Hearing
The Second Notice: The Notice of Disciplinary Action or Dismissal
K. RA 7641: Retirement Law and Its Correct Application
Note: There will be a Question and Answer (Q & A) segment after the lecture in Day 1 & 2
Applicability of the Seminar: Pre-Schools, Private Schools, Colleges, and State Universities
- Protecting Schools by Understanding Education Law
- School Compliance to Existing Government Regulations to Avoid Liabilities
- Aligning Education Laws to School Policies and Administration
- Addressing and Solving Legal Problems in Education and Labor Issues
- Aligning Labor Contracts to Labor Laws for the Employment of Teachers and Non-Teaching Personnel
COURSE OUTLINE
Day 1: February 5, 2009Morning Lecture Session: 9:00 am to 12:00 nn
IMPORTANT LEGAL ISSUES
I. State Regulation on Educational Institutions
A. Cases and Updates: Tuition Fees
B. Opening of New Branches
C. Opening of New Courses & Extension Classes
D. Best Practices and Red Flags
II. Student Legal Issues
A. Admission
B. Issues on Students Rights
1. Right to Stay in School
2. Right to Have Access to Records
3. Right to Speech, Expression, Press
4. Right to Privacy
C. Issues On Parents Rights
D. Student Discipline
1. Due Process
2. Legal Aspects of School Sanctions/ Penalties
3. Suspension
4. Expulsion (Exclusion & Disqualification)
5. Non-Readmission
E. Best Practices and Red Flags
III. Campus Security and Safety
A. School Liability for Torts
B. Legal Requirements to Avoid Liability
C. Concept of Parental Authority and Responsibility
D. Best Practices & Red Flags
Afternoon Lecture Session: 1:00 pm to 5:00 pm
IV. Special Laws and How Schools Can Protect Themselves
A. Sexual Harassment
B. Anti-Hazing Laws
C. Juvenile and Justice Welfare Act
D. Violence against Women and Children
E. Anti-Child Abuse
LABOR LAWS FOR EDUCATIONAL INSTITUTIONS
V. CLASSIFICATION OF SCHOOL PERSONNEL
A. Academic Personnel
1. Teaching
2. Non-Teaching
B. Non-Academic Personnel
Employment Groupings Based on Nature of Work/ Duties Functions of Non-Academic Personnel
Administrators / Managerial Employees
Supervisory Employees
Rank-and-File Employees
VI. SIGNIFICANCE OF DISTINCTION/CLASSIFICATION
VII. PRINCIPAL LAW TO GOVERN/CONFLICT OF LAW RULES
Two (2) Sets of Laws to Govern School Personnel
A. Education Law
1. Education Act of 1982
2. RA 6728, as amended by RA 8545
3. Act 2706, as amended by Act 3075
4. CA No. 180
5. RA 9155 - Creation of DepEd
6. RA 7722 - Creation CHED
7. RA 7796 - Creation of TESDA
8. RA 7836 - Regulatory Practice of Teaching
9. Manual of Regulations for Private Schools and Private Tech-Voc Institutions and
10. DepEd, CHED and/or TESDA Orders
B. Labor Laws
1. Labor Code of the Philippines
2. DOLE Rules and Regulations
Day 2: February 6, 2009
Morning Lecture Only: 9:00 am to 12:00 nn
VIII. EMPLOYMENT STATUS: PROBATIONARY PERSONNEL
A. On Probation
1. Probationary Employee
2. Probationary Period
3. Duration of Probationary Employment
a) Academic Personnel
i) Formal Education Basic and Tertiary
ii) Technical / Vocational
b) Non-Academic Personnel
IX. SECURITY OF TENURE
A. Probationary Personnel
1. Security of Tenure of Probationary Academic Personnel
Cases of Termination: Probationary Teachers
2. Security of Tenure of Probationary Non-Academic Personnel
Resume of Distinctions In Law Between Probationary Academic Personnel And Probationary Non-academic
3. Security of Tenure of Regular or Permanent Status
Minimum Educational and Government Requirements: In General
For Basic Education
For Tertiary Education
For Post-Graduate
For TVET
Non-Formal, Informal and Special TVET Programs
For Master Technical Program
B. Regular Employment of Non-Academic Personnel
C. Minimum Benefits and Working Conditions
1. Compensation
2. Basis of Minimum Wage
3. Basic Principle in Salary Payment: NO WORK, NO PAY
4. Two Types of Personnel Based on Kind of Salary Given
a. Monthly-Paid Employees
b. Daily-Paid Employees
Recommended Computation of the Equivalent Monthly Rate (EMR)
of Monthly Paid and Daily Paid Employee
Rule on Absences and Payment of Salaries
5. Facilities/Commodities as Part of Salary
6. Rules on Salary Payment
7. Salary Adjustments as a Result of Tuition Fee Increase
8. Statutory Monetary Benefits for School Personnel
9. Special Working Conditions for Private School Teachers
CAUSES OF TERMINATION
A. Failure to Obtain Professional License
B. Violation of Code of Ethics for Professional Teachers
C. Inefficiency and Incompetence in the Performance of Duties
D. Absences/Tardiness
E. Abandonment (absence from work and deliberate intent to discontinue to return)
How to declare ABANDONMENT?
F. Neglect of Duty
Failure to Exercise Parental Responsibility
Unreasonable Delay to Submit Students Grades
Neglect to Keep School Records
G. Immortality
Teachers as Professionals
H. Serious Misconducts
I. Willful Disobedience
Disobedience to Transfer
Refusal to Accept Promotion
Refusal to Relinquish Teaching as Required by School Administration
J. Requirement of Due Process
The First Notice: The Formal Charge
The Hearing
The Second Notice: The Notice of Disciplinary Action or Dismissal
K. RA 7641: Retirement Law and Its Correct Application
Note: There will be a Question and Answer (Q & A) segment after the lecture in Day 1 & 2
Applicability of the Seminar: Pre-Schools, Private Schools, Colleges, and State Universities
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SEMINAR FEE: P11,800 (Fee covers Meals, Resource Kit, Certificate of Attendance)
GET AS MUCH AS 15% DISCOUNT! AVAIL OF ANY OR ALL OF THE FOLLOWING:
Less 5% for early registrants (on registrations made on or before January 15, 2009)
Less 5% for early payment (if made on or before January 30, 2009)
Less 5% for group registration (minimum of 3 participants)
REGISTER NOW to avail of Early Bird & Group DISCOUNTS
------------------------------------------------------------------------------------------------------------------------------------------------
GET AS MUCH AS 15% DISCOUNT! AVAIL OF ANY OR ALL OF THE FOLLOWING:
Less 5% for early registrants (on registrations made on or before January 15, 2009)
Less 5% for early payment (if made on or before January 30, 2009)
Less 5% for group registration (minimum of 3 participants)
REGISTER NOW to avail of Early Bird & Group DISCOUNTS
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