Decentralization of education: legal issues by Ketleen Florestal

By Ketleen Florestal

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Under the 1993 Local Government Act the governments are to be created by the president according to (at least) the following criteria: For a district, a minimum population of 75,000. For a municipality, a geographic area consisting of a single compact settlement and a minimum population of 95,000. For a metropolis, a minimum population of 250,000. Philippines The Local Government Code of 1991 distinguishes four principal local government units: (text box continued on next page) Third, the decentralization effort may be confined to the education sector.

In other cases control may be exercised through court actions. In some rare cases control may be exercised only before a decision of the local body becomes effective (such veto power would end the autonomy of the local body). In others control can be exercised only after the decision has been made. The decisions of the local body may be subject to annulment under certain conditions specified in the law. Alternatively, the controlling body may have the power to force the local body to reconsider its decision.

Plus a job carried out by a given level could possibly be dislodged by a higher level. Labor Laws Decentralization legislation may also need to include changes in statutes or laws regulating the status of teachers as civil servants and their labor rights. Changes in teachers' status may also modify their degree of academic freedom. Often, teachers are civil servants, and their recruitment, transfer, and promotion come under the jurisdiction of the national government. With decentralization, the status of teachers as public service employees must be reassessed, taking into account the power that local authorities have over them.

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