Republic Act No. 11510: Alternative Learning System Act

Eighteenth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand twenty.

[ REPUBLIC ACT NO. 11510, December 23, 2020 ]

AN ACT INSTITUTIONALIZING THE ALTERNATIVE LEARNING SYSTEM IN BASIC EDUCATION FOR OUT-OF-SCHOOL CHILDREN IN SPECIAL CASES AND ADULTS 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 "Alternative Learning System Act".

Section 2

Declaration of Policy.* -It is hereby declared the policy of the State to promote the right of all citizens to quality education at all levels and take the appropriate steps to make such education accessible to all. The State shall likewise give the highest priority to the enactment of measures that promote human development and the acceleration of social progress, thereby reducing social, economic and political inequalities.

Towards this end, the State shall provide the out-of-school children in special cases and adults with opportunities to improve their knowledge, values, life, skills, and readiness for higher education, work or self-employment through a system of nonformal or indigenous education, or both which are tailored to respond to their learning needs and life circumstances. The State shall also ensure the close partnership and collaboration between the government and the private sector in achieving this goal.

Section 3

Objectives.* -This Act aims to achieve the following objectives:

(a)Provide adequate, timely and quality attention and support to basic learning needs of out-of-school children in special cases and adults including indigenous peoples;

(b)Guarantee equitable access for all learners, including those who reside in the unreached, underserved, conflict-affected communities, and communities in emergency situations to avail of systematic, flexible and appropriate alternative basic education programs outside of the formal school system;

(c)Promote lifelong learning opportunities anchored on the Alternative Learning System (ALS) K to 12 Basic Education Curriculum (BEC) that takes a holistic, integrated and inter-sectoral approach, and provide pathways across modes of learning that will ensure learners will become caring, self-reliant, independent, productive, and patriotic citizens, by allowing such learners to pursue further education, after participating in ALS program and passing the accreditation and equivalency assessments or certifications, or both required by the Department of Education (DepEd), or seek employment;

(d)Hire, capacitate and deploy ALS Teachers, Community ALS Implementors and Learning Facilitators to deliver a range of ALS programs especially in far-flung unserved, underserved, conflict-affected communities, and communities in emergency situations;

(e)Design specialized programs for learners with disabilities, taking into consideration their different levels of learning needs and other functional difficulties in the development of instructional materials and learning resources in accessible format;

(f)Develop, integrate, and utilize nonformal and informal education approaches and strategies in the delivery of the ALS programs and the assessment of learning outcomes and competencies of ALS learners by providing flexibility in the duration of learning programs, learning contents, and delivery strategies, among others;

(g)Improve access to education and other learning opportunities and raise the level of literacy to contribute to an individual's sustainable future; and (h) Strengthen nonformal basic education programs while ensuring support to the policy of the DepEd that school age children should be enrolled in formal education, and that they should be able to return to the formal education system in the event that they drop out.

Section 4

Definition of Terms.* -For the purposes of this Act:

(a)Alternative Learning System K to 12 Basic Education Curriculum (ALS K to 12 BEC)shall refer to the comprehensive curriculum indicating the competency, content, key stages, and standards for the ALS program under this Act. The ALS K to 12 BEC is benchmarked on the DepEd K to 12 formal school curriculum and focuses on the 21st Century Skills: information, media and technology skills, learning and innovation skills, communication skills, and life and career skills. (b)Alternative Learning System Teachers (ALS Teachers)shall refer to DepEd employed teachers who implement the ALS programs. (c)Academic-Focused Bridging Programsshall refer to ALS programs that provide continuing learning opportunities to accreditation and equivalency secondary level test passers who wish to better prepare for the academic demands and study skills requirements of tertiary level education or post-secondary vocational training, or both. (d)Accreditation and Equivalency Assessments and Certifications (A&E Assessments and Certifications)shall refer to a process in ALS that comprise exams and other assessments deemed appropriate and anchored on the competencies of the ALS k to 12 BEC. (e)Accreditation and Equivalency Program (A&E Program)shall refer to a program in ALS aimed at providing an alternative pathway of learning for out-of-school children in special cases and adults who have not completed basic education. Through this program, school dropouts are able to complete elementary and secondary education outside the formal school system. (f)Adultshall refer to a person at least eighteen (18) years of age and above. (g)Alternative Learning System (ALS)shall refer to a parallel learning system that provides a viable alternative to the existing formal education instruction. It encompasses both nonformal and informal sources of knowledge and skills. (h)Basic Literacy Programshall refer to a program component of ALS that is aimed at eradicating illiteracy among out-of-school children in special cases and adults by developing basic literacy skills of reading, writing, numeracy, and simple comprehension. (i)Community Alternative Learning System Implementors (Community ALS Implementors)shall refer to persons engaged either by the DepEd or any local government unit (LGU) to deliver ALS programs to out-of-school children in special cases and adults. (j)Community Learning Center (CLC)shall refer to a physical space to house learning resources and facilities of a learning program for out-of-school children in special cases and adults. It is a venue for face-to-face learning activities and other learning opportunities for community development and improvement of the people's quality of life. (k)Functional Education and Literacy Programsshall refer to short-term nonformal education programs designed to help socioeconomically disadvantaged learners to upgrade a targeted set of skills, knowledge and selected competencies in the ALS to 12 BEC in order to improve their social, political and economic well-being and function more effectively as citizens, parents, workers and members of the community. (l)Indigenous Peoplesrefer to a group of people or homogenous societies identified by self-ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, tradition and other distinctive cultural traits or who have, through resistance to political, social and cultural inroads of colonization became historically differentiated from the majority of the Filipinos. (m)Indigenous Peoples Educationshall refer to the program that supports education initiatives undertaken through formal, nonformal, and informal modalities with emphasis on any of, but not limited to, the key areas of indigenous knowledge systems and practices and community history, indigenous languages , indigenous learning system (ILS), and community life cycle-based curriculum and assessment, educational goals, aspirations and competencies specific to the indigenous cultural community (ICC), engagement of elders and other community members in the teaching-learning process, assessment, and management of the initiative, recognition and continuing practice of the community's ILS, and the rights and responsibilities of ICCs. (n)Informal Educationshall refer to diverse forms of learning that are intentional or deliberate but are not institutionalized. It is a lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself towards literacy. (o)Learners with Disabilitiesshall refer to those who have long-term physical mental, intellectual, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on equal basis with others. (p)Learning Facilitatorsshall refer to teachers financed by t he private sector who implement ALS programs. The private sector shall include nongovernment organizations or association, civil society organizations, or individuals. (q)Micro-certification, also known as micro-credentialing, shall refer to a flexible means of certifying attainment of specific elements of ALS K to 12 minimum competencies which can be used by the holder as credential such as in job application, recruitment and selection. (r)Nonformal Education (NFE)shall refer to any organized and systematic activity carried outside the framework of the formal education system to provide selected types of learners to a segment of the population. (s)Out-of-School Children in Special Casesshall refer to children in the official school age who are not enrolled in the elementary or secondary schools due to special cases such as economic, geographic, political, cultural or social barriers, including learners with disabilities or conditions, indigenous peoples, children in conflict with the law, learners in emergency situations, and other marginalized sectors.

Section 5

Institutionalizing the ALS.* -The ALS is hereby institutionalized to strengthen and expand the ALS program to provide increased opportunities for out-of-school children in special cases and adult learners, including indigenous peoples, to develop basic and functional literacy and life skills, and pursue an equivalent pathway to complete basic education.

Section 6

Bureau of Alternative Education (BAE).* -The Bureau of Alternative Education (BAE) shall be created to serve as the focal office for the implementation of the ALS programs of the DepEd. It shall be headed by a Director.

Section 7

Powers and Duties of the BAE.*- The BAE shall serve as the focal office for the policy formulation, curriculum development, learning program delivery and learning materials development for the ALS program. To ensure the effective implementation of the ALS, the BAE shall establish quality assurance and support system undertake regular learner assessment activities. It shall have the following powers and functions:

(a)Establish minimum quality standards in the development of the ALS curriculum and learning materials, program planning, implementation, monitoring, evaluation and management, including certification of learning outcomes, recognition of service providers, competency standards for ALS personnel, and requirements for ALS learning environments, among others;

(b)Promote and ensure the certification and accreditation of learners through alternative learning programs, both nonformal and informal in nature, as anchored on the competencies of the ALS K to 12 BEC;

(c)In partnership with other government agencies, LGUs, and the private sector, ensure access to educational opportunities for learners of difficult interests, learning needs, capabilities, demographic characteristics, and socioeconomic status, who have been unable to complete formal basic education;

(d)Coordinate with various agencies and industries for skills development to promote the learners' employability, efficiency, productivity, and competitiveness in the labor market, as well as assist the learners to become entrepreneurs;

(e)Coordinate, encourage close partnerships, and establish linkages with LGUs and the private sector on matters pertaining to the sustainable implementation of ALS programs, post-program support activities and community mapping, and manage a nationwide database for out-of-school children in special cases and adults; and (f) Such other powers and functions as may be necessary for the effective and efficient implementation of ALS programs, projects, and activities.

Section 8

ALS Programs.*- The DepEd shall strengthen the implementation of a range of priority NFE programs including, but not limited to, the following:

(a)Basic Literacy Program;

(b)A&E Programs;

(c)Indigenous Peoples Education Program;

(d)Academic-Focused Bridging Programs; and (e) Functional Education and Literacy Programs. To effectively deliver the NFE programs, the DepEd may utilize appropriate, relevant, and responsive learning modalities, such as:

(a)Modular instruction;

(b)Online, digital or mobile learning;

(c)Face-to-face learning sessions and tutorials;

(d)Radio or television-based instruction;

(e)Blended learning or a combination of various modalities;

(f)Workshops, simulations, and internship, to inculcate life skills, work readiness, and entrepreneurship; and (g) Provision of inclusive and safe learning environments.

Section 9

Duration of ALS Programs.*- The DepEd shall prescribe the appropriate minimum number of months required for the completion of each of the different ALS programs to ensure that the learners enrolled therein are provided with adequate and quality basic education and skills to complete the required competencies of the ALS K to 12 BEC.

Section 10

A&E Assessment and Certification for ALS Learners.*- The DepEd shall regularly conduct ALS A&E assessments and certifications as a means to measure and certify competencies of ALS program completers and other learners who opt to secure elementary and secondary level certifications. It shall also conduct micro-certification of subsets of competencies drawn from the ALS K to 12 BEC. Such assessments and certifications can be done both at the national and local levels.

Those who pass elementary level A&E are qualified to enroll in junior high school

Those who pass the junior high school A&E are qualified for senior high school or may enroll in selected technical vocational education and training programs, as appropriate, through the Technical Education and Skills Development Authority (TESDA).

Those who pass the senior high school level A&E are qualified for higher education, as appropriate, provided that they comply with the other basic requirements set by the schools or higher education institutions (HEIs) as requirements for enrollment. They may also enroll in technical vocational education and training programs, as appropriate, through the TESDA.

The DepEd shall develop supplemental learning programs for passers of the ALS A&E assessments and certifications to enhance their college readiness and facilitate their gainful employment or self-employment.

Measures shall be undertaken in order for the general public, especially educational and training institutions, government agencies, and employers to recognize the nature and value of certifications provided to ALS learners.

Section 11

Hiring and Promotion of ALS Teachers; Expansion of the ALS Teachers Program.*- To reach more out-of-school children in special cases and adults and to accommodate learners with disabilities, the ALS Teachers program shall be strengthened.

The DepEd in consultation with the Department of Budget and Management and the Civil Service Commission (CSC), shall create teaching positions and allocate the corresponding salary grades.

The DepEd shall also engage the services of Community ALS implementation to augment the needed human resource requirements for the delivery of ALS programs, provided that three (3) years after the effectivity of this Act, the DepEd shall hire only ALS Teachers.

ALS Teachers are entitled to promotion to the next higher levels based on the qualification standards of the CSC. The DepEd shall ensure equal opportunities and standard implementation on the promotion and compensation of ALS Teachers.

Section 12

ALS Teachers Education and Training.* -In coordination with the Commission on Higher Education (CHED) and other relevant partners in the government, academe, and the private sector, and in order to promote the professional growth of ALS Teachers, the DepEd shall develop and conduct regular training programs and workshops for ALS Teachers, Community ALS Implementors and Learning Facilitators to ensure that they have the necessary knowledge and capacity to carry out the programs under the ALS curriculum, as well as enhance their skills on their roles as academic, administrative and community leaders.

The same benefits and professional development packages awarded to regular teachers in terms of fellowships, scholarships, and training opportunities in all learning areas of the basic education curriculum shall also be given to ALS Teachers .

Section 13

Provision of an ALS CLC.* -The DepEd or the LGUs, or both shall provide at least one (1) ALS CLC in every municipality and city throughout the country to facilitate a learning environment for the full implementation of the ALS K to 12 BEC and other ALS programs. Priority should be given to areas where there is limited access to formal basic education or higher concentration of out-of-school children in special cases, or adults lacking basic literacy skills or have dropped out of formal school, or both.

To augment the number of existing ALS CLCs and those provided under this Act, the facilities of the DepEd schools throughout the country shall likewise be used as learning centers during no class days and after regular class hours during class days. Guidelines shall be developed by the BAE in collaboration with the strands of operations and administration of the DepEd on the use of facilities of public schools for the delivery of ALS programs.

Each ALS CLC shall be constructed in accordance with the specializations, criteria and other details provided and approved by the DepEd, in consultation with the municipal or city mayor or duly authorized LGU representative, to ensure the orderly implementation of ALS programs.

Further, to ensure that every learner has equitable access to ALS programs, every CLC shall be open and operational seven (7) days a week and be provided with adequate learning resources and facilities, including a space for childcare for parents attending ALS classes.

Section 14

Recognition of ALS Providers, Standards of ALS Service Delivery, and System of Rewards and Incentives.*- The DepEd shall encourage partnerships with the private sector to ensure a sustainable implementation of ALS programs. The DepEd shall create a system of recognition and monitoring of service providers. In consultation with such providers, the DepEd shall formulate and adopt a set of standards of service delivery, including the qualification, deployment, training, remuneration, and system of rewards and incentives which are responsive to the needs and distinct situations of the particular areas where the implementors or facilitators, or both serve. The DepEd shall include in the Implementing Rules and Regulations of this Act the minimum requirements and conditions for such set of standards to ensure delivery of ALS programs.

Section 15

Partnership with Government Agencies.*- To effectively deliver quality ALS programs, the DepEd shall partner wit the following government agencies in the implementation of this Act:

(a)CHED - The CHED shall assist the DepEd in promoting among HEIs the admission of ALS A&E passers. It shall support the DepEd in the development of college readiness supplemental programs and provide access to scholarships. The CHED shall likewise develop standardized and formalized ALS curriculum for a specialized degree in ALS teaching;

(b)TESDA - The TESDA shall, assist the DepEd in equipping ALS learners with technical-vocational skills and provide access to national certification, as applicable, to improve their work readiness. It shall support the DepEd in implementing post-program support activities including providing access to scholarships;

(c)Department of Labor and Employment - The Department of Labor and Employment shall promote gainful employment, on-the-job training and apprenticeship opportunities for ALS learners;

(d)Department of Trade and Industry - The Department of Trade and Industry, in partnership with the DepEd, shall promote opportunities for entrepreneurship, including access to micro-financing and seed capital to ALS learners;

(e)Department of Agriculture - The Department of Agriculture, in partnership with the DepEd, shall develop a training program for ALS learners and promote opportunities for agricultural entrepreneurship, including easy access to credit;

(f)Department of Social Welfare and Development - The Department of Social Welfare and Development shall support the DepEd by sharing its community mapping data, referring prospective learners, and providing access to other social services to ALS learners;

(g)Department of the Interior and Local Government (DILG) - The Department of the Interior and Local Government shall held enlist the support of LGUs as DepEd partners in the implementation of ALS programs. The DepEd shall coordinate with the DILG on matters requiring LGU participation including, but not limited to, the generation and mapping of data related to education as a dimension of poverty under Republic Act No. 11315 or the "Community-Based Monitoring System Act";

(h)Department of Justice - The Department of Justice shall collaborate with the DepEd to facilitate, expand, and strengthen the implementation of ALS programs for persons deprived of liberty;

(i)National Commission on Indigenous Peoples - The National Commission on Indigenous Peoples shall assist the DepEd to develop a culturally responsive curriculum that respects and takes into account the indigenous knowledge system and practices and indigenous learning systems. Such curriculum shall be integrated with the prescribed ALS curriculum.

(j)Department of Information and Communications Technology - The Department of Information and Communications Technology shall help the DepEd in the ALS implementation by providing digital resources to the various ALS CLCs and guidance for the digital literacy component of the ALS K to 12 BEC and the ALS NFE programs;

(k)Department of Health - The Department of Health shall assist ALS Teachers in the delivery of health education and other services that promote the health and well-being of ALS learners, especially female childbearing youth and adult learners. It shall partner with the DepEd in providing ALS programs for qualified patients of its various drug treatment and rehabilitation centers; and (l) Such other relevant government agencies whose mandated functions and mechanisms are necessary to effectively and sustainably implement the ALS programs.

Section 16

Partnership with LGUs.* -The DepEd shall partner with LGUs in the delivery of ALS programs to their constituents. LGUs shall, in partnership with other government agencies and stakeholders, help to identify and mobilize prospective ALS learners, provide access to conducive learning environment, contribute available resources to ALS programs, such as Community ALS Implementors and ALS CLC sites, promote post-program activities, and introduce local innovations as may be necessary.

Section 17

Local School Board.* -The Local School Board, established pursuant to Republic Act No. 7160 or the "Local Government Code of 1991", shall perform the following additional functions in the delivery of ALS programs:

(a)Coordinate ALS implementation with the DepEd at the city or municipal level, including the identification of priority ALS programs, provision of technical assistance to ALS Teachers, program monitoring and evaluation, and coordination with government and private sector partners for post-program support activities;

(b)Coordinate with the DepEd the determination of the annual supplementary budgetary needs for the operation and maintenance of ALS programs within the city or municipality;

(c)Ensure the implementation of community literacy mapping activities within the city or municipality and coordinate with the barangays, the private sector, and other agencies in t he identification of out-of-school children in special cases and adults, who have not yet completed their basic education; and (d) Coordinate with the DepEd regarding the provision, operation and maintenance of ALS CLCs.

Section 18

Special Education Fund Authorization.* -Notwithstanding the provisions of Sections 235 and 272 of the Local Government Code of 1991, the Local School Board shall be authorized to set aside a portion of the proceeds of the Special Education Fund for the delivery of ALS programs within the LGUs' respective areas of jurisdiction, including, but not limited to, the hiring of additional Community ALS Implementors within the LGUs area of jurisdiction.

Section 19

Mandatory Annual Review and Impact Assessment of the ALS Program.* -The DepEd, in partnership with LGUs and the private sector, shall conduct a mandatory annual review of the ALS program, and submit such annual report to Congress to measure its effectiveness and ensure the proper implementation.

An evaluation system shall be established to assess the impact of the ALS program and the progress of the learners who have completed the program.

Section 20

Prohibition from Collection of Fees.*- All DepEd ALS programs are free of charge and collection of all kinds of fees, costs or charges shall not be allowed. ALS Teachers, Community ALS Implementors, and officers of DepEd administered CLCs found to have violated this provision shall be held administratively liable.

Section 21

Tax Incentives.* -Any donation, contribution, or grant, in cash or services, whether local or foreign, which may be made by individuals and organizations, including private entities which shall provide the appropriate services, materials, and delivery support services for the promotion of the ALS program, shall be exempt from the donor's tax and the cost of which shall be considered as an 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 22

Transportation and Teaching Aid Allowance for ALS Teachers and Community ALS Implementors.* -Notwithstanding the receipt of special hardship and cash allowances, ALS Teachers and Community ALS Implementors shall be entitled to their corresponding transportation and teaching aid allowances subject to guidelines that may be issued by the DepEd.

Section 23

Appropriations.* -The amount necessary for the implementation of this Act shall be charges against those authorized in the current appropriations of the DepEd. Thereafter, the amount necessary for the continued implementation of this Act, including the construction or provision of the ALS CLCs and the payment of transportation and teaching aid allowance for ALS Teachers and Community ALS Implementors, shall be included in the annual General Appropriations Act.

Section 24

Implementing Rules and Regulations.* -Within ninety (90) days from the effectivity of this Act, the DepEd, in consultation with concerned government agencies and other education stakeholders, shall formulate the rules and regulations implementing the provisions of this Act. The Implementing Rules and Regulations (IRR) issued pursuant to this section shall take effect thirty (30) days after its publication in a newspaper of general circulation.

Section 25

Transitory Provision.* -All existing ALS programs, including ALS centers or facilities, established pursuant to the provisions of Republic Act No. 9155 or the "Governance of Basic Education Act of 2001" shall continue to operate pursuant to, and be regulated by, the provisions of this Act and its IRR.

Section 26

Separability Clause.*- If any provisions of this Act is held invalid or unconstitutional, the other provisions not so declared shall remain in force and effect.

Section 27

Repealing Clause.* -All laws, orders and rules and regulations contrary to, or inconsistent with, the provisions of this Act are hereby repealed or amended accordingly.

Section 28

Effectivity.*- Notwithstanding the non-issuance of the IRR, this Act shall take effect fifteen (15) days after its publication in theOfficial Gazetteor in a newspaper of general circulation.

Approved,

| (SGD.)LORD ALLAN JAY Q. VELASCO Speaker of the House of Representatives | (SGD.)VICENTE C. SOTTO III President of the Senate |

This Act which is a consolidation of Senate Bill No. 1365 and House Bill No. 6910 was passed by the Senate of the Philippines on October 6, 2020 and the House of Representatives in a special session on October 16, 2020.

JOCELIA BIGHANI C. SIPIN

Secretary General House of Representatives

MYRA MARIE D. VILLARICA

Secretary of the Senate

Approved: DEC 23 2020

RODRIGO ROA DUTERTE

President of the Philippines

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.

In plain language