Magna Carta for Students Essay

EXPLANATORY NOTE One of the biggest foundations of a progressive nation is an educated commonwealth. phylogeny in the different atomic number 18as of experience much(prenominal) a cognizance and technology, business, medicine, cordial science and a nonher(prenominal)s baffle brought about drastic progress in our present society. In an more and more demanding and dynamic global economy, competitiveness, more than an advantage, is a must. As dribbleed in the Philippine Constitution, knowledge is matchless of the priorities of the State. Aside from the elementary needs such(prenominal) as food, entertain and clothing, it is matchless of the primary necessities that the State should let for its constituents.While the private sector is an expeditious participant in the promotion of rearing at present, the governrnent should still lead in ensuring its reference and approach pathibility. It should be recognized that the broad development of the nurturechilds is no n dependent scarcely on books and lectures. Aside from providing them with an environment deliverive to learning, it is the duty of the State to verify the quality of education that goes beyond the corners of the classroom for hence the true lessons in life ar gained in the real world.However, the present glob educational system has, in one way or an kneader(a), deprived the educatechilds of the view to develop their dependable potential. This Magna Carta for scholars intends to equalize the outlook of the assimilators to admission in instruct and to return of fit and quality education. It seeks to put up measures to ensure that the scholarly persons atomic number 18 able to accomplishment their secures to organize, in good order to enroll in indemnity-making, right to pedantic surrenderdom, and right to free expression and information.For these reasons, the transition of this bill is earnestly sought. Senator FIFTEENTH intercourse OF THE REPUBLIC OF THE PHILIPPINES First Regular coach term ) ) ) HI SENATE Senate Bill No. JUl. -8 A9 (). i 911 INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA AN ACT PROVIDING FOR THE ESTABLISHMENT OF THE MAGNA CARTA OF STUDENTS Be it en fareed by the Senate and Ho affair of Representatives of the Philippines in coitus assembled SECTION 1. pupils. Title. This Act sh wholly be know as the Magna Carta of CHAPTER I GENERAL PRINCIPLES SEC. 2. proclamation of Policy.It is presentby declared to be the policy of the State to promote and protect the rights of pupils to change them to participate spryly and effectively in the democratic buttes of effective progressive and developmental changes in society. SEC. 3. Guiding Principles. This Act declares the interest as basic guiding principles (a) The orchis educational system universe the genius institutional mechanism for imparting knowledge and developing skills is tending(p) priority financial aid and support by the govemment. Education is a right and not a clean privilege.It is therefore the responsibility of the State to provide quality education accessible at all programme levels. Student organizations intensify democratic processes on the campus. Membership and active which promote and protect pupils rights and social welfare andor bring to national development shall be guaranteed by the State and take aim authorities. Student organizations shall not be prevail over to rules and regulations that unduly obstruct their activities and are prejudicial to their objectives and interests, provided such objectives, activities and interests are with the checks mission.Student councils giving medications being the most representative of the inculcate-age childry and the highest expression of assimilator power on campus shall be consulted in the formulation of naturalise policies directly impact scholarly persons. (b) (c) (d) (e) (f) . (g) Student publication shall serve as a principal, medium for free and respons ible for(p) expression, dissemination of information, and interaction, among the different sectors of the pedantic friendship . With their democratic rights guaranteed, scholarly persons can serve as a potent and cogent king in the countrys social transformation.SEC. 4. Definition of Terms. As employ in this Act, the hobby terms shall mean (a) Student every person enrolled in educate in get off secondary, tertiary, graduate and post graduate levels, including vocational and technical education. discipline day every private, public or political relation-run and funded academic educational institution offering any or all courses in the preceding(prenominal) levels. School campus the totality of all adjacent or proximate buildings, grounds and different facilities designed by the direct as areas or facilities for the use of its disciples.Governing poster the highest policy making frame of the school such as poster of Directors, Trustees or Regents. Student Counci l/Government the embody representing the solid student population in one school or school campus whose officers are annually elected at man-sized by the whole student population pursuant to its constitution and by-laws, if any. Council of Leaders the body composed of the heads of various stUdent organizations chaired by the President/Chairman of the Student Council. cultivation Fee The fee representing direct be of instructions, training and an some former(a)(prenominal) related activities, and the use of school facilities.The term other school fees refers to fees which cover other necessary cost supportive of instruction, including but not peculiar(a) to medical and dental, athletic, library, laboratory, and Citizen Army Training (CAT) or Citizen Military Training (CMT) fees. CHAPTER II aright TO ADMISSION AND QUALITY EDUCATION SEC. 5. Admission. . (a) No student shall be denied admission to any school on account of his/her personal handicap, socio-economic status, pol icy-making or religious beliefs, or shall pregnant students and certified reformed do drugs abusers be discriminated against.A student shall down the right to freely film his/her field of view of study subject to vivacious curricula and the instituti. ons admissions policies and to continue his/her course up to commencement exercise except in strip of academic deficiency, inability to meet broadcast requirement, or violation of disciplinal regulations which do not infringe upon the exercise of students rights. (b) (c) (d) (e) (f) (g) (b) SEC. 6. Rights to able Instruction and Relevant Quality Education. either student shall retain the right to competent instruction and quality education to relevant to his/her personal and cultural development andthat of the nation, and commensurate to the school fees paid, and for suppose institutions, public subsidies minded(p). Students shall have the right to make a write evaluation of the performance of their teachers toward the e nd of the school term. SEC.7. Right to Adequate Student work and Academic Facilities. It shall be the responsibility of the school memorial tablet to provide the students with adequate student services and academic facilities commensurate to the school fees paid, and for SCUs, public subsidies granted. CHAPTER III sort out TO stand up SEC. 8. Right to Organize among Themselves.Unity and incarnate effort being fundamental to the acknowledgment of common goal and the promotion and rampart of common interest, the State recognizes the right of student to organize among themselves . . The rights of student to form, assist, or colligate any campus organization, alliance or federation, not contrary to the school mission, for their physical, intellectual, moral, cultural, spiritual and political interest shall not be abridged. SEC. 9. Student Council/Government. The State shall ensure the democratic and ego-directed existence of student councils/governments.Pursuant thereto, there shall be one student council/government for each school campus, which shall be given up recognition by the school, colleges and universities venerationed. It shall have its own. set apart of officers elected in annual familiar elections. Every student council/government shall have the right to determine its policies and program on student activities subject to this duly ratify charter or constitution, school rules and regulation, and state policy. SEC. 10. Recognition of and Granting of privileges to Student Organizations.No inconclusive requirements shall be imposed on student organizations seeking recognition. The guidelines concerning recognition shall be explicate by the Student personal matters self-assurance in consultation with the student council. The process for seeking recognition shall begin upon the composure to the Student Affairs Office by the organization refer on its (1) ideal paper and constitution and (2) a noble letter addressed to the Student Affairs stating that the organizations intent to be recognized. Recognition will be granted by the Students personal business Office upon residency with the guidelines.There shall be no inequality in the assignment of school facilities and granting of other privileges to student organizations. Excessive charges for the use of school facilities shall be prohibited. Whenever possible the school administration shall allow studnt organizations to use school facilities free of charge. SEC. 11. Coordination of Student Organizations Activities. All on and off campus activities of student organization shall be coordinated by the student council/government in consultation with the Student affairs office.The Committee on Elections (COMELEC) constituted to allot the election of the officers of the student council/government shall be composed solely of bona fide student of the school. The conduct of the student council election shall be held in coordination with the Student Affairs Office. SEC. 12 . Prohibition against the subroutine of Force and Exaction and Excessive. All campus organization shall be prohibited from using force in initiation and from exacting excessive fees from their members, as well as in their other students activities. CHAPTER IV RIGHT TO PARTICIPATE IN POLICY fashioningSEC. 13. Representation in policy-making process. The student shall be represented in policy-making bodies (other than the judicature board) which directly affect their welfare, particularly in curriculum surveil, student chastening and academic standards. The representatives shall be designed by the student council. SEC. 14. Student Initiative and Referendum. The student council/government through a legal age vote of all the members of the student body shall have the right to initiate the formulation, alteration or rejection of a school policy touching the students.The proposition for the formulation, modification or rejection of a school policy affecting the students shall be s ubmitted to and approved by a majority of votes casts by all bona fide students of the school in an areas shall be excluded from the power of students on initiative or referendum (a) admission (b) curriculum gc) faculty recruitment and tenure (d) rules on student conduct and discipline (e) breeding fees and (f) scholastic rules (e. g.academic credits and retention and graduation of students).CHAPTER V RIGHT TO FREE formulation AND INFORMATION AND RIGHT TO ACADEMIC license , SEC. 15. Right to be Informed. The right of the student to be given information upon invite on matters directly affecting their welfare shall be recognized. SEC. 16. Freedom of Expression. Subject to existing laws and school rules and regulations, students shall have the right to freely express their view and opinions. SEC. 17. Academic Freedom.Students academic freedom shall subject to school rules and regulations and the exercise by the school and members of the faculty of their respective(prenominal) acad emic freedom, consist of, but is not limited to, the following rights (a) To conduct explore in connection with academic work, and to freely discuss and extend their findings and recommendations (b) To conduct examination in curricular and extracurricular activities inwardly the campus and in appropriate circumstances (c) To choose a field of study for essay and to pursue the quest for truth to express their opinion on any subject of public or general concern which directly or indirectly affects the students of the educational system(d) To invite off-campus speakers or resourcefulness persons to student sponsored assemblies, fora, symposia, and other activities of similar reputation (e) To express contrary interpretation or dissenting opinions inside and outside the classroom (f) To participate in the drafting of a new curriculum and in the review or revision of the old and (g) To participate in the drafting and/or rewriting of the student handbook which shall include the s chool rules and regulations, a copy of which shall be furnished the students upon admission to the school. , CHAPTER VI .RIGHT TO delinquent PROCESS IN DISCIPLINARY proceeding . SEC. 18. Right to Due Process. (a) (b) A student subject tot disciplinary transactions shall have the right to defend himself/herself, to be heard and to present cause on his/her behalf before an impartial body. There shall be a Student corrective Board to be composed of deuce (2) representatives form the school administration, one (1) faculty member, and two (2) students to conduct investigations into and decide on cases student violation of disciplinary standards.The blacklisting, expulsion, suspension and other such disciplinary sanctions that whitethorn be taken against a student shall not be binding unless the following rights have been observed (1) the right to be cognizant in writing of the nature and driving of the accusations against his/her (2) the right to confront witnesses against him/her and to have full access to the evidence on the case (3) the right to defend himself/herself and to be defended by a represented or focal point of his/her choice, adequate time being given for the preparation of a defense (4) the right to a hearing before the student Disciplinary Board (5) the right against self incrimination and (6) the right to appeal adverse decisivenesss of the Student Disciplinary Board to the governing board and ultimately to the appropriate education agencies. (c)The decision in any disciplinary proceeding must be rendered in the buns of relevant and sUbstantial evidence presented at the hearing, or at least contained in the record and disclosed to the student affected. The deciding body must act on its own independent regard of the facts of the case. The body should, in all controversial questions, render its decision in such a manner that the issues involved, and the reasons for any decision do are clear to the student. (d)Disciplinary sanctions shall be corrective rather publish on a periodic basis acts which are deem violate or school rules and regulations and the corresponding disciplinary sanctions do not violate the rights guaranteed herein and under(a) the Constitution. CHAPTER VII OTHER RIGHTS SEC. 19. Right Against stupid Searches and Seizures.Every student shall be free from any form of unreasonable seek and seizure. Except for the following instances no search or seizure of a student shall be deemed valid (a) (b) (c) (d) (e) Searches made at the point of ingress and egress by authorized military group of the school. Searches and seizures of illegal term or articles falling in the pellucid view of duly authorized personnel Searches and seizures of articles that are illegal, discovered inadvertently by duly authorized personnel Searches made when the student is about to commit, is committing or has on the button committed a crime or a serious infraction of the schools rules and regulations Searches made with a vali d search warrant.Articles seized in violation of the here above mentioned provided rights shall not be used as evidence against the student in any disciplinary action that may be brought against him/her. SEC. 20. Access to School Records and result of Official Certificates. Subject to the provision of the following section, every student shall have access to her/him own school record, the confidentiality of which the school shall maintain. He/she shall have the right to be issued official certificates, diplomas, transcript of records, grades, transfer credentials and other similar documents within thirty (30) days from the filing of request and accomplishment of all pertinent requirements. SEC. 21.Unpaid Tuition Fees and Examination. No student shall be prohibited from pickings a periodic or last-place examination because of unpaid tuition and other fees under the established terms of remuneration prescribed by the school concemed and approved by the appropriate education agency . Students with delinquent fees permitted to take an examination shall nevertheless be subject to the right of the school concerned to withhold the release or event of such students school records or of the documents mentioned in the preceding section or to deny such students admission at the coterminous succeeding term or social class until the prior delinquencies are fully paid.