Republic Act No. 12028

This Act shall be known as the "Academic Recovery and Accessible Learning (ARAL) Program Act".

It is the declared policy of the State to protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

Towards this end, the State shall endeavor to support learners by establishing a free and effective national learning intervention program to ensure that all learners who are struggling in their lessons, especially in reading, mathematics, and science, will be able to attain the competencies set by the Department of Education (DepEd) in their respective levels.

This Act shall apply to the following learners from Kindergarten to Grade 10 under the public basic education institutions of the DepEd:

Similarly situated learners who are enrolled in qualified private basic education institutions shall be provided the same interventions under this Act upon request: Provided, That in case of limited slots for enrollment, preference shall be given to beneficiaries of the Educational Service Contracting Scheme. The DepEd shall determine which private basic education institutions qualify for these interventions, taking into accounts factors such as size, type of incorporation, and other relevant criteria.

The ARAL Program is hereby established to provide a national learning intervention program which shall be grounded on the following premises:

The ARAL Program shall cover the essential learning competencies under the K to 12 Basic Education Curriculum covering reading and mathematics for Grades 1 to 10, and science for Grades 3 to 10. Essential learning competencies are competencies needed by the learners and are considered indispensable in the teaching-learning process in building skills and equipping learners for subsequent grade levels.

Reading and mathematics shall be prioritized in the ARAL Program to develop the critical and analytical thinking skills of learners.

For Kindergarten learners, the ARAL Program shall focuses on building foundational skills aimed to strengthening their literacy and numeracy competencies.

The Learner Information System (LIS) of the DepEd shall be used to determine those who have returned or are returning to school after a furlough for purposes of Section 3(a) of this Act.

The DepEd shall determine the learners to be covered under Section 3(b) based on the results of the assessment to be administered prior to start of the ARAL Program.

Classroom-based assessments, such as examinations and tests, shall be used by teachers to determine the learners to be covered under Section 3(c).

To assess the progress of learners, appropriate assessments shall be regularly administered.

Priority shall be given to learners from Kindergarten to Grade 6.

The following may be tutors under the ARAL Program:

The DepEd may engage as tutors other individuals deemed qualified, competent, and of good character based on conditions stated under the implementing rules and regulations (IRR) of this Act.

To successfully achieve the objectives of the ARAL Program, the DepEd shall ensure that the tutors receive sufficient training, as needed, focusing on effective pedagogies, interpersonal skills, social-emotional learning, and cultural competency, among others.

The ARAL Program shall create mass awareness campaigns through media and community engagement to encourage learners to re-enroll and return to school through strategies developed by the DepEd.

The DepEd shall update its LIS which shall contain the following additional information:

Free Access to All of DepEd's Learning Management Systems Applications; Subsidized Data Plans for Learners and Tutors in Need. - Public Telecommunications Entities (PTEs) shall provide free access to all of DepEd-exclusively hosted learning management systems applications with a static and public internet protocol (IP) address. The learning management systems applications shall include web-based applications, online educational platforms, digital libraries, and other online knowledge hubs exclusively hosted by DepEd. No data charges shall also be incurred in downloading from, or uploading to, these applications.

The DepEd shall determine the learners and tutors in financial need and ensure that they are provided subsidized data plans for the use of these applications.

As used in this Act, (1) PTEs shall refer to entities duly authorized by the National Telecommunications Commission to provide users or other entities with data connection allowing access to the internet; and (2) free access shall refer to the use of all learning management systems applications without incurring any corresponding data charges.

Pursuant to Republic Act No. 8370 or the "Children's Television act of 1997", a portion of the mandated allotment in the daily total air time of each broadcasting network shall be utilized for supplemental tutorial video materials within the regular programming of all networks granted franchises or as a condition of renewal of their broadcast licenses hereinafter, to be included as part of the responsibility of the network in serving the public.

The materials shall cover the essential learning competencies under the K to 12 Basic Education Curriculum covering reading, mathematics, and science.

The applicable provisions of the legislative franchises of the broadcasting networks shall be used as the basis to require them to provide additional air time for the tutorial videos under the ARAL Program.

Teachers who serve as tutors shall be compensated, subject to the pertinent provisions of Republic Act No. 4670 or the "Magna Carta for Public School Teachers" and the exiting rules and regulations of the DepEd and the Department of Budget and Management (DBM). Said compensation for teachers shall be granted: Provided, That they have already rendered the prescribed six (6) hours of actual classroom teaching, and the amount paid for the purpose shall not exceed the compensation for two (2) hours based on the Prime Hourly Teaching Rate consistent with DBM guidelines.

Para-tachers who serve as tutors under this Act shall be compensated from the budget of the DepEd or the Special Education Fund (SEF) of the Local School Board of the local govenrment unit (LGU) where the schools of the learners are located.

Services rendered by pre-service teachers who serve as tutors shall be considered relevant teaching experience when applying for a plantilla position in the DepEd, subject to relevant rules and regulations of the Civil Service Commission and the Merit Selection Plan and hiring guidelines of the DepEd.

Tutorial sessions shall be conducted using any of the following delivery modes to ensure that the sessions are effective and accessible to or within the reach of learners:

The DepEd shall collaborate with the LGU concerned to provide a safe learning environment for face-to-face tutorials, They may also collaborate on other matters for the implementation of the ARAL Program, such as the promotion of the program to potential tutors in higher education institutions, identification, and referral of potential tutors to DepEd, and encouragement of parents and parent-substitutes to include their children in the ARAL Program.

The initiatives of an LGU in implementing learning recovery strategies may be added as one of the performance indicators under the criterion on Programs for Sustainable Education under Section 7(e) of Republic Act No. 11292 or "The Seal of Good Local Governance Act of 2019".

Schools and tutors shall develop linkages and maintain regular communication with the parents of the learners, as well as their parent-substitutes as defined under Republic Act No. 11908 or "The Parent Effectiveness Service Program Act". The parents and pant-substitutes, being a primary resource and essential support in the education of their children, shall enhance their parental roles by assisting their children through home learning activities and making significant contributions in their educational development at home.

The DepEd shall coordinate with the Commission on Higher Education (CHED), Department of Information and Communications Technology (DICT), Department of the Interior and Local Government (DILG), and other stakeholders in the implementation of the provisions of this Act.

Any donation, contribution, or grant, in cash or in kind, made by individuals or organizations, public or private, local of foreign, to the ARAL Program through the DepEd, shall be exempt from donor's tax and considered an allowable deduction from the gross income of the donor in accordance with the provisions of the National Internal Revenue Code of 1997, as amended, and the Bureau of Internal Revenue rules and regulations.

An annual evaluation shall be designed to collect comparable data for the purpose of determining the impact of the program.

The impact evaluation report shall be submitted to Congress not later than six (6) months after the end of every school year of implementation.

The amount necessary for the implementation of this Act shall be charged against those authorized in the current appropriations of the DepEd. Thereafter, the amount necessary for its continuous implementation shall be included in the annual General Appropriations Act.

The LGUs concerned may provide the necessary funds for the purpose charged against the SEF.

Within sixty (60) days from the effectivity of this Act, the DepEd, in consultation with he CHED, DICT, DILG, and other relevant government agencies and private stakeholders, shall issue the necessary rules and regulations for its effective implementation. The rules and regulations issued pursuant to this section shall take effect thirty (30) days after its publication in a newspaper of general circulation.

If any provision or part of this Act is declared invalid or unconstitutional, the remaining provisions or parts not affected shall remain in full force and effect.

All other laws, executive orders, presidential decrees, administrative orders, rules and regulations, issuances, or parts thereof inconsistent with or contrary to the provisions of this Act are hereby repealed or amended accordingly.

This Act shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

| (SGD.) FRANCIS "CHIZ" G. ESCUDERO President of the Senate | (SGD.) FERDINAND MARTIN G. ROMUALDEZSpeaker of the House of Representatives |