AN ACT EXPANDING ACCESS TO EDUCATIONAL SERVICES BY INSTITUTIONALIZING OPEN DISTANCE LEARNING IN LEVELS OF TERTIARY EDUCATION AND APPROPRIATING FUNDS THEREFOR

Sixteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand fourteen.

REPUBLIC ACT NO. 10650

AN ACT EXPANDING ACCESS TO EDUCATIONAL SERVICES BY INSTITUTIONALIZING OPEN DISTANCE LEARNING IN LEVELS OF TERTIARY EDUCATION AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be known as the "Open Distance Learning Act".

Section 2. Declaration of Policy. – It is hereby declared the policy of the State to expand and further democratize access to quality tertiary education through the promotion and application of open learning as a philosophy of access to educational services, and the use of distance education as an appropriate, efficient and effective system of delivering quality higher and technical educational services in the country.

Section 3. Definition of Terms. – As used in this Act:

Section 4. Coverage. – This Act shall apply to public and private higher education institutions (HEIs) and post-secondary schools in the Philippines which have existing ODL programs, and to other HEIs and post-secondary schools which shall later be authorized as qualified implementers of ODL programs.

Section 5. Institutionalization of Open Distance Learning. – ODL is hereby institutionalized in accordance with the provisions of this Act. The ODL programs shall conform to the guidelines set by the CHED and the TESDA for both the conventional classroom or traditional mode and the nonconventional mode.

Section 6. Guiding Principles for ODL Courses or Subjects. – All courses or subjects offered in the ODL mode shall adhere to the following principles:

Section 7. Admission and Other Academic Policies and Requirements. – Admission and other academic policies and requirements in all HEIs and post-secondary schools offering ODL programs shall conform to the minimum policies, standards and requirements set by the CHED and/or the TESDA, as applicable.

Section 8. Program, Curriculum and Course Development Offerings and Requirements. – The curricular offerings using ODL mode shall ensure that the learning outcomes are clearly articulated in terms of competencies, skills and behavioral attributes and conform to the respective policies, standards and guidelines for ODL set by the CHED and/or the TESDA, as applicable.

There shall be a defined set of courses or subjects and/or examinations, and/or special projects and activities, the completion of which shall be required for graduation from the higher education degree program or technical-vocational program, and which shall be equivalent to those under the conventional mode of instruction. The following shall also be considered:

Section 9. Mode of Delivery. – The ODL programs may be delivered using information and communications technology and other approaches, such as the following:

Section 10. Support to ODL Programs. – The CHED and the TESDA shall provide support to HEIs and post-secondary schools in developing and providing high quality programs and offerings in ODL education. This support shall include the following:

Section 11. Support to Students. – Any student enrolled in ODL programs under this Act shall have access to all privileges, opportunities and entitlements that a student similarly situated under the conventional system of instruction may have access to, including the availment of scholarships, grants-in-aid, and loans from the government or government-administered funding sources. Specifically, HEIs and post-secondary schools engaged in ODL programs shall be tasked to perform the following student support services:

Section 12. Role of the University of the Philippines Open University. – The University of the Philippines Open University, hereinafter referred to as the UPOU, shall assist and provide expertise to the CHED and the TESDA in the performance of its functions pursuant to Section 14 of this Act. As such, it shall:

Section 13. Zonal ODL Centers. – Zonal ODL centers shall be established, one each in Metro Manila, Luzon, Visayas and Mindanao, and eventually one in each region, to assist the CHED and the TESDA in performing its tasks. The zonal ODL centers shall take charge of the training of teachers for ODL programs.

Section 14. Roles of the CHED and the TESDA. – The CHED and the TESDA shall be respective regulators of HEIs and post-secondary schools involved in ODL programs. As such, they shall:

Section 15. Roles of Broadcast Media and Telecommunications Networks. – Broadcast media and telecommunications networks are encouraged to provide as much assistance and cooperation to HEIs and post-secondary schools offering ODL programs. Such assistance may include, but not necessarily be limited to, the transmission of learning materials for formal and non-formal courses to learners not only within the Philippines, but also outside the country.

Section 16. Independent Evaluation. – In aid of better policy making, the CHED and the TESDA shall enter into an agreement with reputable research institutions to conduct an independent evaluation of the state, regulatory governance, quality, concerns, challenges and prospects of ODL programs in the Philippines. It shall survey a diverse group of HEIs and post-secondary schools with respect to size, mission and geographic distribution.

Section 17. Interim and Final Report. – The agreement under Section 16 of this Act shall require that the reputable research institutions submit to the CHED Chairperson, the TESDA Director General, the Senate Committee on Education, Culture and the Arts, and the House Committee on Higher and Technical Education the following:

Section 18. Tax Exemptions. – Any donation, contribution, bequest and grant, in cash, materials, and services which may be made by individuals and organizations, including private entities, which shall, provide appropriate materials, time and delivery support services for the promotion of ODL in partnership with HEIs delivering academic degree programs and post-secondary schools delivering technical-vocational programs through ODL, shall be exempt from the donor’s tax and the same shall be considered as allowable deduction from the gross income in the computation of the income tax of the donor in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

Section 19. Implementing Rules and Regulations. – The CHED, through its Technical Panel for Distance Education, the TESDA, and the UPOU, in consultation with relevant stakeholders in higher degree and post-secondary education, are hereby mandated to formulate the rules and regulations to implement this Act within a period of ninety (90) days from the effectivity thereof.

Section 20. Appropriations. – The amount needed for the initial implementation of this Act shall be charged against the current year’s appropriations of the CHED, the TESDA, and the state universities and colleges which have existing ODL programs. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

Section 21. Separability Clause. – If any provision of this Act or any part hereof be declared unconstitutional or invalid, the same shall not affect the validity of the other provisions of this Act.

Section 22. Repealing Clause. – All laws, decrees, orders, ruled and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 23. Effectivity. – This act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which is a consolidation Senate Bill No. 2274 and House Bill No. 4553 was finally passed by the Senate and the House of Representatives on September 23, 2014 and September 24, 2014, respectively.

Approved: DEC 09 2014

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines