Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 11218

March 26, 2021

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11218

Pursuant to Section 5 of Republic Act No. 11218, titled "An Act Recognizing The British School Manila as an Educational Institution of International Character Granting the School Certain Prerogatives Conducive to Its Development," approved on February 14, 2019, the Department of Education (DepEd) hereby issues the following rules and regulations to implement the provisions of the Act:

RULE I

Preliminary Provisions

SECTION 1. Title. — These rules and regulations shall be referred to as the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 11218, titled "An Act Recognizing The British School Manila as an Educational Institution of International Character Granting the School Certain Prerogatives Conducive to Its Development."

SECTION 2. Rationale. — This IRR enables the British School Manila to continue carrying out its educational programs, improve its standard of instructions, and meet the special needs of the foreign temporary resident community it serves for quality education. As an educational institution of international character, British School Manila operates educational programs and services that are comparable, compliant with, and at par with universally accepted international standards and practices.

This IRR shall be consistent with the mandate given to the State under Article XIV of the 1987 Constitution and the purposes and objectives of RA No. 9155, otherwise known as the "Governance of Basic Education Act of 2001," which provides the framework for the governance of basic education, and vests upon DepEd the authority, accountability and responsibility for achieving higher learning outcomes.

To the extent applicable to foreign or international schools, this IRR shall also be compliant with the purposes and objectives of RA No. 10533, otherwise known as the "Enhanced Basic Education Act of 2013" which provides the structure, policies and standards of educational programs being offered at the basic education level by institutions of learning operating in the Philippines.

SECTION 3. Declaration of Policy. — This IRR shall be interpreted in the light of RA No. 11218, consistent with the provisions of RA No. 9155, RA No. 10533, and all other basic education-related laws enacted thereafter, insofar as applicable to foreign or international schools.

SECTION 4. Official Recognition. — The British School Manila, herein referred to as the "School," operated by the British Education, Inc., is hereby declared and officially recognized as a British international education institution authorized to operate educational programs that primarily and principally adhere to universally accepted and recognized educational policies.

SECTION 5. Definition of Terms. — For purposes of this IRR, the following terms shall mean or be understood as follows:

5.1. Act — refers to Republic Act No. 11218, titled "An Act Recognizing The British School Manila as an Educational Institution of International Character Granting the School Certain Prerogatives Conducive to Its Development."

5.2. RA No. 9155 — refers to Republic Act No. 9155, titled "An Act Instituting a Framework of Governance for Basic Education, Establishing Authority and Accountability, Renaming the Department of Education, Culture and Sports as the Department of Education, and for Other Purposes," otherwise known as the "Governance of Basic Education Act of 2001."

5.3. RA No. 10533 — refers to Republic Act No. 10533, titled "An Act Enhancing the Philippine Basic Education System by Strengthening Its Curriculum and Increasing the Number of Years for Basic Education, Appropriating Funds Therefor and for Other Purposes," otherwise known as the "Enhanced Basic Education Act of 2013."

SECTION 6. Governing Body. —

6.1. The School shall be governed by a Council of Trustees, herein referred to as the "Council," elected in accordance with its corporate charter, whose membership shall be elected in accordance with its Articles of Incorporation and By-Laws duly filed with the Securities and Exchange Commission (SEC).

6.2. The powers of the school shall be exercised, properly controlled and its affairs supervised by the Council.

6.3. The affairs of the School, including its governance and strategic objectives, shall be directed and implemented by a Standing Committee of the Council called the Board of Governors, herein referred to as the "Board," whose membership shall be determined in accordance with the By-Laws of the School.

SECTION 7. Grant of Prerogatives. — To enable the School to continue carrying out its educational program, improve its standard of instruction and meet the needs of the foreign diplomatic and temporary resident community for quality education, it shall:

7.1. Accept applicants for admission, regardless of nationality, in accordance with its own eligibility standards and rules for admission and grade placement, the School having been established primarily for foreign diplomatic personnel and their dependents and for other temporary residents, and as such the School is covered by the exemptions provided in Section 4 (2), Article XIV of the Constitution of the Philippines;

7.2. Be managed and administered by a Head of School, who shall possess the qualifications prescribed by the Council;

7.3. Upon consultation with the Secretary of DepEd, determine its own curriculum, calendar of studies and work schedule, teach whatever language or languages it may deem proper, and determine the amount of fees and assessments which may be reasonably imposed upon its students to maintain and conform to the School's standard of education;

7.4. Maintain standards of education compatible with those obtaining in similar schools of generally recognized international standing;

7.5. Employ its own teaching and management personnel selected by the Council either locally or abroad, from the Philippines or other nationalities, such foreign personnel being exempt from laws and regulations that impose nationality restrictions on employment, and control the administration of educational institutions, except laws that have been or will be enacted for the protection of employees: Provided, That such exception shall not be extended to their liability for income taxes; and

7.6. Benefit from privileges under the law to non-stock, non-profit educational institutions.

RULE II

Curriculum and Instruction

SECTION 8. Curriculum and Instruction. — The School shall adopt and deliver internationally recognized academic and curriculum programs which uphold and advance the School's core vision and tenets, and which lead to academic transitions to school and tertiary institutions worldwide. These will include programs designed by:

8.1. The National Curricula of the United Kingdom;

8.2. Cambridge Assessment International Examinations; and

8.3. The International Baccalaureate Organization.

RULE III

Supervision and Regulation

SECTION 9. Supervision and Regulation of the Department of Education. — Notwithstanding the recognition and prerogatives under the Act, the British School Manila shall be under the supervision and regulation of the DepEd and shall adhere to basic laws, and rules and regulations of the DepEd governing international or foreign schools.

RULE IV

Final Provisions

SECTION 10. Separability Clause. — If any clause, sentence, paragraph or part of these Rules is subsequently declared unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect.

SECTION 11. Amendments. — Amendments to this IRR shall be promulgated by the Secretary of Education, after consultation with the British School Manila.

SECTION 12. Repealing Clause. — All DepEd Orders and other related issuances, rules and regulations, and provisions which are contrary to or inconsistent with this IRR are hereby repealed rescinded, or modified accordingly.

SECTION 13. Effectivity. — This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

This IRR shall be registered with the Office of the National Administrative Register (ONAR) at the University of the Philippines Law Center, UP Diliman, Quezon City.

Done this _____ day of __________, 2021.

(SGD.) LEONOR MAGTOLIS BRIONESSecretary