RA 7797

An Act to Lengthen the School Calendar from Two Hundred

(200) Days to not More than Two Hundred Twenty

(220) Class Daysor R.A. 7797

byMaritess Delfin-Villanueva

SECTION 1. Lengthening of School Calendar

Any provision of law to the contrary not withstanding, the school calendar for each year beginning school year 1995-1996, shall be lengthened to not more than two hundred twenty (220) class days, inclusive of class days which may be subsequently suspended due to natural or manmade calamities.

Month # of weekdays

# of holidays fall on

weekdays#of school days

June 21 1 20July 23 0 23August 21 3 18September 22 0 22October 23 0 23November 20 0 20December 23 8 15January 22 2 20February 20 1 19March 22 0 22April 22 1 21Total 223

If classes will begin

up to not later than April 27

Classes can end starting March 30, 2015

Month # of weekdays

# of holidays fall on

weekdays#of school days

June 21 1 20July 23 0 23August 21 3 18September 22 0 22October 23 0 23November 20 0 20December 23 8 15January 22 2 20February 20 1 19March 22 0 22April 22 1 21Total 223

Classes Begin: June 2, 2014Classes End: from March 30, 2015 to not later than April 27, 2015

SECTION 2. Non-reduction of Class Hours

The total number of class hours per day provided under the present system shall not be reduced to compensate for the increase in class days.

SECTION 3. Start of the School Year

The school year shall start on the first Monday of June but not later than the last day of August. In the implementation of this Act, the Secretary of Education, Culture and Sports shall determine the end of the regular school year, taking into consideration the Christmas and summer vacations, and the peculiar circumstances of each region.

First Monday of June

Not later than the last day of August

SECTION 4.Issuance of Rules and Regulations

The Secretary of Education, Culture and Sports shall issue, within ninety (90) days after the approval of this Act, the necessary rules and regulations to implement this Act and ensure that the total class days prescribed in this Act shall be devoted to the attainment of learning objectives. The DECS shall submit to the Committees on Education, Arts and Culture of both Houses of Congress copies of the implementing rules and guidelines within thirty (30) days after its promulgation.

SECTION 5. Repealing Clause

All laws, presidential decrees, executive orders, rules and regulations or parts there of inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 6. Effectivity Clause

This Act shall take effect upon its approval.

Approved: 25 August, 1994.

Related Issues

CHED vs DepEd

HB 695March 12, 2014

Main thrust:

To reiterate that the plan of several autonomous and deregulated HEIs to shift to an academic calendar that opens in September or any month beyond August is within the purview of the relevant provisions of the MORPHEI and does not violate RA 7797.

HB 695

“ RA 7797 only applies to basic education to the exclusion of public and private HEIs which are under the jurisdiction of CHED.”

Section 4 of RA 7797 clearly provides that the Secretary of Education, Culture and Sports is empowered to issue rules and regulations to implement the said law.

Notably, CHED was established on May 18, 1994 through RA 7722. With this, it is the clear intention of the legislature to place HEIs under the exclusive administration and supervision of CHED as the governing body for tertiary and graduate education.

SECTION 4.Issuance of Rules and Regulations

The Secretary of Education, Culture and Sports shall issue, within ninety (90) days after the approval of this Act, the necessary rules and regulations to implement this Act and ensure that the total class days prescribed in this Act shall be devoted to the attainment of learning objectives. The DECS shall submit to the Committees on Education, Arts and Culture of both Houses of Congress copies of the implementing rules and guidelines within thirty (30) days after its promulgation.

HB 695

In fact, Section 3 of the RA 7792 provides that CHED is independent and separate from DECS (now DepEd).

Evidently, RA 7797 and RA 7722 were deliberated and passed on the same Congress in 1994. If the legislators clearly intended for the HEIs to be under the coverage of RA 7797, or that RA 7797 will be part and parcel of RA 7722, they could have been considered in the two bills that became laws. However, the case is otherwise which shows the clear intention to exclude HEIs within the ambit of RA 7797.

HB 695 Section 8n of RA 7722 authorizes CHED to issue rules

and regulations to carry out its objectives and purposes.

Pursuant to its rule-making power, CHED issued the MORPHEI which provides the policy on School Calendar (Section 78 stating that all HEIs shall begin classes in June).

The HEIs may, however, apply for change in school calendar (provided in Section 79 of MORPHEI).

CHED subsequently issued CMO No. 1, s. 2011), or the Guidelines on Adoption of School Calendar, “in order to encourage innovation and exercise of academic freedom among institutions of HEIs”

HB 695 Notably, CHED cognizant of academic freedom of

HEIs, there was never any mention in CMO No.1, s. 2011, on the restriction of adopting a school opening not earlier that June or beyond August.

Autonomous and derregulated HEIs are given more leeway in changing their academic calendar pursuant to their benefits (as stated in Section 49 of MORPHEI) and there was no such limitation on the opening of classes not beyond August and opening earlier than June if so allowed by CHED as a matter of exception/priviliege for autonomous HEIs.

CHED allows changing of opening of classes subject to the guidelines set in the MORPHEI and CMO 1, s. 2011, and not RA 7797.

HB 695 CEAP’s position that RA 7797 does not apply to HEIs

because there is no limitation provided under MORPHEI. Consequently, the opening of classes in September for several autonomous HEIs, will not result to a violation of RA 7797.

HEIs and basic education institutions do not stand on equal footing in so far as State regulation or control.

CHED recognizes the changing of academic calendar and school opening as valid exercise of academic freedom and in fact prescribed guidelines in its exercise. It is now ineludible that RA 7797 applies only to basic education.

Related IssuesAcademic Calendar and Philippine Higher Education

by CHED (March 26, 2014)

The move by some HEIs to change the academic calendar year from June to August is consistent with RA 7797, section 3. It is also in consonance with RA 7722.

For autonomous HEIs, shifting to an August start is really their prerogative. For other HEIs, CHED generally prescribes a June start but they can adopt a different start as long as they inform CHED in writing not later than 15 days before the prescribed June start and get the Commission’s approval.

Academic Calendar and Philippine Higher Educationby CHED (March 26, 2014)

In the discourse about the academic calendar, other issues have been raised such as:

InternationalizationASEAN integrationClimatic factorsSocio-economic and cultural considerationsSynchronization with DepEd’s calendar


On Internationalization

CHED stands firm on its belief that the best way to internationalize/engage with the global academic community is for HEIs to intensify their quality assurance, capacity-building, and institutional development programs.

Philippine HEIs that are prepared to engage with the international academic community, and synchronizing their academic calendars with their international university partners may provide the right signal for collaboration


On ASEAN integration

CHED believes that it is important to think about how Philippine higher education can best respond to ASEAN Integration in 2015.

Two basic concerns for HEIs:1. Issue of quality of our college/university students2. Issue of how well we have prepared our

college/universit graduates for the world of work

These concerns, which we all need to work on together as a nation, are much more fundamental than the issue of calendars.


On climatic factors

A CHED-TWG that looked into adapting higher education learning systems to mitigate the impact of climate change has noted that tropical cyclones, in the last ten years, tend to hit between July and September. Indeed class suspensions due to heavy rains and typhoons tend to spike as well from July through October. Thus, shifting the start of the academic calendar from June to August would not make much of a difference.


On socio-economic and cultural considerations

There is concern for families, particularly those from farming and fishing communities who would have difficulty with an August school opening because agricultural cycles cause them to run out of financial resources in August, hence a June start is most feasible.


On synchronizing with DepEd’s calendar

The June start of most HEI academic calendars is better harmonized with the schedule of classes of basic education. The DepEd has done an extensive study on this matter and has advised against an August start and an end in the late summer months. The DepEd study noted that summer months in recent years have had temperatures up to 400C making learning most difficult. In addition, there are several long holidays during summer months. A DepEd commissioned survey also showed a 95% support for a June to March calendar year.


Conclusion

CHED does not advise a change in the academic calendar.

CHED believes that variation among HEIs in the start of the academic calendar, within the boundaries specified by law, is acceptable and actually already exists. HEI can start their academic years at different times.

Related IssuesSchools file for August opening

by Sun Star (March 27, 2014)

Universities known applied for academic shift by opening classes in August

1. University of the Philippines (Diliman, Los Banos, Baguio)

2. University of Sto Tomas (UST) 3. University of Baguio (UB) 4. Ateneo de Manila University (ADMU) 5. St. Louis University (SLU)

RA 7797

Education

Transcript of RA 7797