Bangsamoro Education Code (BAA No. 18): Schools, Teachers, and Regulation

The Bangsamoro Education Code of 2021, enacted as Bangsamoro Autonomy Act No. 18 (BAA No. 18), is the regional law that establishes, manages, and supports a complete and integrated system of quality education in the Bangsamoro Autonomous Region in Muslim Mindanao. It covers formal, non-formal, and informal learning; public and private institutions; and basic, higher, technical, and Madaris education. The Code creates the Bangsamoro Education System as a subsystem of the national education system and vests its administration, supervision, and regulation in the Ministry of Basic, Higher, and Technical Education (MBHTE), without prejudice to state colleges and universities, which remain governed by their own charters.

What the Bangsamoro Education Code covers

Under Section 5 of BAA No. 18, the Code applies to formal, non-formal, public and private, vocational, technical, special education, and Madaris educational systems at all levels. This includes public and private learning institutions for basic, higher, and technical education, collectively referred to as the Bangsamoro Education System.

Section 3 likewise states that the Act applies to all education systems, including formal, non-formal, and informal, public and private learning institutions in all levels.

The Code's declared purpose, under Section 4, is to provide an educational framework relevant and responsive to the needs, ideals, and aspirations of the Bangsamoro people while conforming to the minimum standards set by the National Government.

Who administers and regulates the system

Section 6 vests the administration, supervision, and regulation of the Bangsamoro Educational System in the MBHTE. Section 10 adds that the Ministry is primarily responsible for formulating, planning, implementing, and coordinating policies, plans, programs, and projects in formal and non-formal education at all levels, supervising all educational institutions both public and private, and supporting an integrated system of education.

The Ministry is organized into four sectors under Section 17: Basic, Higher, Technical, and Madaris education. Section 16 provides for four Bangsamoro Directors-General — for Basic Education, Higher Education, Technical Education, and Madaris Education — who oversee the administration, programs, and strategic plans of their respective areas.

For basic education, Section 21 authorizes the Ministry to establish, operate, and maintain Schools Division Offices for Basic and Madaris education in the provinces of Lanao del Sur, Maguindanao, Sulu, Basilan, and Tawi-Tawi, the cities of Marawi, Lamitan, and Cotabato, and one to cover the Special Geographic Area. Each Division Office is headed by a Division Superintendent assisted by an Assistant Division Superintendent.

Section 30 creates the Bangsamoro Education Board to support the Ministry in formulating education policies, with guidelines on its composition, roles, and functions to be issued by the Ministry.

Madaris and Islamic education

The Code gives Madaris education its own sector and leadership. Section 29 places the Bureau of Madaris Education under the direct supervision of the Bangsamoro Director-General for Madaris Education, headed by a Director I.

Section 7 defines key terms used in this area. A madrasah is an educational institution that is community-based and privately operated, with Arabic as the medium of instruction and Islamic studies and Arabic literacy as its core emphasis. A Mudarris is a teacher of Arabic and/or Islamic values. A Pilot Madrasah offers complete basic unified instructional programs, including Arabic Language, Islamic Values Education, Islamic Studies, and the core learning areas of the Restructured Basic Education Curriculum. Private Madrasah covers private schools or providers of Madrasah education, categorized as traditional Madrasah conducting Arabic Language and Islamic Values Education (ALIVE) and Islamic studies, and private Madrasah conducting regular K to 12 classes under a Madrasah curriculum.

Section 14 also empowers the Minister to administer examinations and grant special eligibility for Madaris Asatidz and Mudarris.

Rights of learners, parents, and school personnel

The Code devotes a chapter to the education community. Section 37 defines the education community as persons or groups involved in organized teaching-learning systems.

Under Section 39, learners enjoy rights that include receiving relevant quality education, freely choosing their field of study subject to existing curricula, access to guidance and counseling, access to their own school records with confidentiality maintained by the school, issuance of official certificates, diplomas, transcripts, grades, and transfer credentials within thirty days from request, publication of a student newspaper, free expression of opinions, forming and joining recognized organizations, freedom from involuntary contributions, freedom from discrimination, and protection from all forms of violence and humiliating or abusive treatment. The same section states that corporal and other excessive and humiliating punishments in schools are prohibited. Learners also have the right to be taught Bangsamoro history, cultures, traditions, and practices.

Section 38 gives parents the right to organize with teachers to discuss the total school program, to access official records directly relating to their children, and to receive information, education, and access to Early Childhood Care and Development services for children aged zero to four, consistent with Republic Act No. 10410, the Early Years Act.

guarantees school personnel the right to free expression, free legal service in certain proceedings, to establish and join labor or professional organizations, to be free from involuntary contributions, and to be free from discrimination. Section 41 adds that teaching or academic staff may not be given compulsory assignments unrelated to their duties unless compensated, retain intellectual property rights consistent with applicable laws, are deemed persons in authority when discharging lawful duties, and must be given the opportunity to choose alternative career lines for advancement.

Qualifications of key education officials

Section 32 sets common qualifications: no person may be appointed Director-General, Schools Division Superintendent, Assistant Schools Division Superintendent, or Bureau Director unless the person is a natural-born citizen of the Philippines, a resident of the Bangsamoro Autonomous Region, and has relevant supervisory and managerial experience and proven integrity and honesty.

Section 33 requires a Director-General to have at least a Master's degree, five years of supervisory or managerial experience, 120 hours of supervisory or managerial training, and Second Level Eligibility. Section 34 sets similar requirements for Schools Division Superintendents and Assistant Schools Division Superintendents, with additional qualifications for the Madaris Division Superintendent and Assistant Madaris Division Superintendent, including a Master's degree in Islamic Education and special eligibility under the Code. Section 35 requires a Bureau Director to have a Master's degree, three years of supervisory or managerial experience, 120 hours of supervisory or managerial training, and Second Level Eligibility, with the Madaris Bureau Director holding a Master's degree in Islamic education.

Frequently asked questions

What is the Bangsamoro Education Code? It is Bangsamoro Autonomy Act No. 18, also known as the Bangsamoro Education Code of 2021. It establishes, manages, and supports a complete and integrated system of quality education in the Bangsamoro Autonomous Region in Muslim Mindanao.

Does the Bangsamoro Education Code cover private schools and madaris? Yes. Section 5 applies the Code to public and private institutions and to Madaris education, and Section 3 covers formal, non-formal, and informal systems.

Who regulates education in the BARMM? Under Section 6, the Ministry of Basic, Higher, and Technical Education administers, supervises, and regulates the Bangsamoro Educational System, except for state colleges and universities, which are governed by their own charters.

Practical takeaways

• BAA No. 18, the Bangsamoro Education Code of 2021, governs basic, higher, technical, and Madaris education in the BARMM as a subsystem of the national education system.
• The MBHTE administers, supervises, and regulates the system, with four Directors-General heading the Basic, Higher, Technical, and Madaris sectors.
• Madaris education has its own bureau, and the Minister may administer examinations and grant special eligibility for Madaris Asatidz and Mudarris.
• Learners, parents, and school personnel have enumerated rights, including protection from corporal punishment and timely issuance of school records.
• Officials such as Directors-General, Division Superintendents, and Bureau Directors must meet specific citizenship, residency, education, experience, and eligibility requirements.

Primary sources

The rules discussed above are drawn from the following issuances, embedded here in full for your reference.

BA-ACT NO. 18 (Bangsamoro Education Code of 2021)Open in Law LibraryDownload PDF

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.