DepEd Order No. 42, s. 2004: Permit to Operate Primary Schools for Indigenous Peoples

DepEd Order No. 42, s. 2004, dated June 15, 2004, covers the permit to operate primary schools for indigenous peoples and cultural communities. It encourages schools set up for Indigenous People (IP) to register with the Department of Education (DepEd), so they become part of the education system. It also allows flexibility in their curriculum, teachers, and school calendar. The order was signed by then Education Secretary Edilberto C. de Jesus and addressed to Regional Directors, Schools Division and City Superintendents, and heads of public elementary schools.

On this page 5 sections

Key points

• Legal basis. The order cites the 1987 Philippine Constitution. Article II, Section 22 recognizes and promotes the rights of indigenous cultural communities. Article XIV encourages indigenous learning systems and protects these communities’ right to keep and develop their cultures, traditions, and institutions.
• Why IP schools exist. Because of these constitutional mandates, individuals and organizations began organizing primary schools for Indigenous People to help improve their situation.
• Registration with DepEd. IP schools are encouraged to register with DepEd so they can be mainstreamed into the education system. The order recommends flexibility in three requirements:
  • Curriculum: It may be flexible, as long as it keeps a balance between the core learning competencies every Filipino learner should master and the indigenous culture.
  • Teachers: Qualified teachers should teach the core subjects as much as possible. For community matters such as culture, traditions, songs, and practices, para-teachers from the place, or people who know the culture, may be employed. They do not need an education degree; they may be experienced or trained parents.
  • School calendar: Cultural and tribal practices are to be respected, but schools should follow the required number of calendar days in the school year as much as possible.
• Adults and out-of-school youth. Those who want to continue their studies may take the Nonformal Education Accreditation and Equivalency (NFE A&E) Test, which determines their learning status, or the Philippine Education Placement Test (PEPT), which determines their grade or year level placement.
• Learners from unrecognized schools. Children who finished studies in unrecognized schools and want to move to regular schools may take a validating test, the Philippine Validity Test (PVT), given by the National Education Testing and Research Center (NETRC), to determine their competencies and proper grade placement.

Who it covers

• Primary schools organized for indigenous peoples and cultural communities
• Adults and out-of-school youth in these communities who want to continue their studies
• Children who finished studies in unrecognized schools and want to enter regular schools
• DepEd regional offices, schools division and city offices, and public elementary schools, which receive and carry out the order

What schools and offices need to do

• Give full assistance to IP schools that seek registration.
• Submit a report of these registrations to the Office of the Secretary (OSEC) for proper documentation.
• Disseminate and comply with the order immediately.

Full text of DepEd Order No. 42, s. 2004

June 15, 2004

DepEd Order No. 42, s. 2004

Permit to Operate Primary Schools for Indigenous Peoples and Cultural Communities

To:

• Regional Directors
• Schools Division/City Superintendents
• Heads, Public Elementary Schools

1. Article II, Sec 22 of the 1987 Philippine Constitution states that “the State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development”.

   
   

2. Likewise, Article XIV, Sections 2.4 and 17 of the Constitution states that “the State shall encourage nonformal, informal and indigenous learning systems, as well as self-learning, independent and out-of-school study programs particularly those that respond to community needs”. “Further, the State shall recognize, respect and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions and institutions. It shall consider their rights in the formulation of national plans and policies”.

   
   

3. In view of the above constitutional mandates, concerned individuals and organizations started organizing primary schools for the Indigenous People to alleviate their plight.

   
   

4. These Indigenous People (IP) schools have been encouraged to register with the DepED for mainstreaming in the educational system. However, flexibility in terms of the following requirements is recommended:

   
   

   a. Curriculum. It should be flexible without undermining the balance between the attainment of the core learning competencies which every Filipino learner should master in the community and the indigenous culture.

   
   

   b. Teachers. As much as possible, qualified teachers should teach the core subjects of the curriculum. However, in handling the concerns of the community, e.g. culture, traditions, songs, practices, para-teachers from the place or those who know the culture may be employed. They may not be holders of a degree in education but experienced or trained parents.

   
   

   c. School Calendar. While cultural/tribal idiosyncrasies are to be observed, the required calendar days of the school year should be adhered to as much as possible.

   
   

5. Adults and out-of-school youths, who want to continue their studies may either avail of the Nonformal Education Accreditation and Equivalency (NFE A&E) Test or the Philippine Education Placement Test (PEPT) to determine their learning status for the former and the grade/year level placement for the latter.

   
   

6. Children who finished studies in unrecognized schools but want to continue their studies in the regular schools may submit themselves to a Validating Test (Philippine Validity Test (PVT)) to be administered by the National Education, Testing and Research Center (NETRC) to determine their competencies for proper grade placement.

   
   

7. It is desired that full assistance of school authorities be extended to this sector and corresponding report of said registration be submitted to the Office of the Secretary (OSEC) for proper documentation.

   
   

8. Immediate dissemination of and compliance with this Order is directed.

   
   

EDILBERTO C. DE JESUS
Secretary

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