Ms. Corona, principal of Sta. Maria Elementary School, transferred one of her teachers to another school due to habitual tardiness. The teacher was not informed of the reason and refused to be transferred. Is the action of Ms. Corona proper? Support your answer.
No, because Republic Act 4670 often known as “The Magna Carta for Public School Teachers”, provides that where the exigencies of the service compel a transfer from one station to another, such transfer may be conducted by the schools division superintendent who shall first notify the affected teacher.
In view of academic freedom, can you modify a prototype lesson plan to suit the needs of your learners? Why? Or Why not?
Yes, We can! As I discussed it in Activity 4, Teacher’s Academic Freedom should not be interfered or restricted by the law, institutions or public pressure. In this matter, teacher really knows what is going on his/her classroom and not the department. In order to provide such needs or deficiencies, teachers need to improve or enhance the said prototype by creating the most suitable lesson plan to gap the delinquencies of the learners.
You are an adviser of a class. The mathematics teacher reported to you that certain percent was deducted from a learner’s rating because he argued on a solution to a problem. Is the mathematics teacher correct? How will you handle the situation?
No, because according to the law, students have the right to express their opinions and suggestions and teachers are also bounded on the “Code of Ethics”. I could simply say to the Mathematics teacher that if that is the way you handle your students, then you are influencing them to become like you. Teachers are models in the classroom but don’t get affected by the way they react, instead, provide them with equality and positive learning environment to enhance their critical thinking skills and their freedom of expression.
Ms. Astra is a teacher in the locality. As a teacher, she keeps an accurate record of her student performances and gives the report card every rating period to pupils. A group of parents came to see her to complain why the card was not given to them. Is Ms. Astra correct in her action? If you are Ms. Astra, what will you do?
In this case, I think Ms. Astra couldn’t provide them with the report card because some of the learners have yet to receive a rating. If I were Ms. Astra, I will just tell them the situation and also speak to them that I could provide the report card whenever it was ready. They are our stakeholders, provide them the report card but not the learner’s records.
What is due process and in what instances it is required?
Due process is a legal requirement that the state respect all of a person’s legal rights. Due process balances and protects individuals from the power of the law of the land. In an instances, that when a person has deprived by his right to life, liberty or property, that’s the time we use due process of law. And the best example of it is the COVID-19 vaccines.
Differentiate substantive and procedural requirement in termination.
Substantive due process requires that the termination of employment be for a just or authorized cause as provided by law. According to Art. 283 and 284 of the Labor Code of the Philippines, when the employee is suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees. Thus, we can use the Substantive due process. On the other hand, Procedural requirement in termination is a written notices served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.
An employee who has recently recovered from COVID and has already a certificate of fit to work from a physician is terminated from work. Is the contention of employer that the termination is based on the grounds of authorized cause correct? Support you answer.
No! the employer must provide a written notice without directly terminate or dismissed from service. The requirement of due process for termination of work that are based on authorized causes shall be deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least 30 days before the effectivity of the termination specifying the grounds for termination.
What is preventive suspension? Can it be considered a penalty and be imposed without any notice and hearing?
Preventive suspension is a disciplinary measure for the protection of company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. No it is not but it is vbeing considered as a ground for dismissal if the suspension exceeds the maximum period allowed without reinstating the employee.
What is academic freedom and provide at least three (3) examples for each of the following:
Academic freedom is the freedom of teachers, students and academic institutions to pursue knowledge wherever it may lead, without undue or unreasonable interference.
1. Institutional Academic Freedom
- Educational mission free from governmental intervention
- Freedom to obliged faculty/staff on qualification standards
- Freedom to imposed IRR (Implementing Rules and Regulations) within the school territory
2. Faculty/Teachers Academic Freedom
- Freedom in the classroom
- Full freedom in research
- Freedom to speak in a workplace
3. Students’ Academic Freedom
- Freedom of speech
- Freedom to choose quality schools/institutions to study
- Freedom to choose school organization for academic-related studies
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