By: Atty. Joseph Noel Estrada
THE State shall protect and promote the right of all citizens to quality education at all levels, and shall make education accessible to all. This constitutional mandate is directed not only to educational institutions and teachers but also to other members of the school community, such as students and, in the case of basic education, their parents.
But the current policy environment in education seems heavily protective of students to the extent that it has become detrimental to institutions and teachers. This has allowed some students to escape consequences for academic or disciplinary offenses. This lack of strict adherence to academic standards for student outcomes has been reflected in poor student performance in assessment results, both locally and internationally. Also, the lack of character formation of students has resulted in school-related violence and often contributed to the increasing crime rates in the community.
While recent education reforms focus heavily on teachers, curriculum and governance, there must be conscious, deliberate reforms to instill in students a sense of value for access to education, especially when it is provided free by the government.
Philippine jurisprudence is replete with doctrines that characterize education as a reciprocal, bilateral relationship. Our laws not only impose obligations on schools and teachers to ensure the delivery of quality education and promote the general welfare of the people, pursuant to the police power of the State. Laws also recognize that educational institutions have the right to prescribe conditions for students’ admission, retention, and graduation. As corporate entities, schools are inherently endowed with the right to establish their policies, academic and otherwise, unhampered by external controls or pressure. The Constitution, no less, affirms that citizens have the right to choose their course or field of study and continue until graduation, subject to fair, reasonable and equitable admission and academic requirements of schools.
Even as our society rightfully places greater pressure on educators and educational institutions to ensure the quality of student outcomes, students must also be accountable for their own learning. Quality education is not a one-way street. The obligation of schools and teachers to deliver quality education creates a corresponding obligation on students to study diligently and follow school rules and regulations. And when there is a breach on the part of the student in meeting academic obligations, there ought to be a consequence — either they get a failing mark, are made to repeat the grade level or course, or are refused re-admission the following year. This principle applies to both public and private education. There is no duty on schools, public or private, under the law to promote or retain students who continue to breach their obligation to study.
Students’ obligations go beyond academics; they must also properly observe the school’s disciplinary rules. Many laws have been passed mandating that schools create policies for both students and faculty, such as the Anti-Sexual Harassment Act, Safe Spaces Act, and Anti-Bullying Act. Students are bound to follow school rules on discipline. And in case of a breach of discipline policies, there ought to be consequences too — either the student gets reprimanded, suspended, or excluded from the rolls. In the most serious offenses in basic education, expulsion may be imposed, subject to the approval of the Secretary of Education.
There is also no legal prohibition on imposing disciplinary actions on students, provided they are not abusive, do not constitute corporal punishment, and are not unreasonable. Without a corresponding consequence, there is nothing to deter student misconduct. The duty of educational institutions to discipline students is rooted in the Constitution, no less.
Apart from the legal principles that govern student education, which highlight their responsibilities, students are also bound by contractual obligations to their schools, which may be summarized as academic, disciplinary, moral, and financial obligations. This is because when a school admits students, a contract is established between them, resulting in bilateral obligations that both parties are bound to comply with. For its part, the school undertakes to provide the student with an education that should equip him with the necessary tools and skills to pursue higher education or a profession. On the other hand, the student covenants to abide by the school’s academic requirements and observe its rules and regulations.
It’s time we view quality education not only as a matter of student rights or entitlements, but also as an academic obligation for students and their parents. Quality education is everyone’s responsibility. It cannot thrive without accountability from the entire sector, composed of government regulators, schools, students and their parents.
While safeguards against abuse should always be in place, schools and teachers must also be empowered to perform their academic and disciplinary roles with students more effectively to promote quality education.
