DepED Order No. 40, s. 2012 “Policy Guidelines on Protecting Children in School From Abuse, Violence, Exploitation, Discrimination, Bullying and Other.

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Presentation transcript:

DepED Order No. 40, s. 2012 “Policy Guidelines on Protecting Children in School From Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of Abuse” NORA M. CALABIA, Ed.D PSDS

Article XV, Section 3 of 1987 Philippine Constitution RA 7610 RA 9262 Legal Bases Article XV, Section 3 of 1987 Philippine Constitution RA 7610 RA 9262 Convention on the Rights of the Child (CRC)

Report on the Incidence of Bullying in Schools

  2013-2014 2014-2015 CAR 78 465 NCR 561 195 I 89 1,474 II 75 1,044 III 16 62 IV-A 143 976 IV-B 1,171 V 10 704 VI 37 2,795 VII 8 91 VIII 47 291 IX X 30 560 XI 44 555 XII 36 510 XIII Total 1,190 11,448

Report on the Incidence of Child Abuse in Schools

  2013-2014 2014-2015 CAR 61 36 NCR 182 1,428 I 28 167 II 19 65 III 26 492 IV-A 59 80 IV-B 10 20 V 12 156 VI 25 35 VII 32 VIII 17 11 IX 14 74 X 5 XI 23 18 XII 9 XIII Total 521 2,706

Child Protection Policy DepEd Order No. 40, 2012 Child Protection Policy The Department of Education (“DepEd”) shall ensure that schools are a safe place for the education of children. The best interest of the child shall be the paramount consideration in all decisions and actions involving children.

Child Protection Policy DepEd Order No. 40, 2012 Child Protection Policy This is a zero-tolerance policy for any act of child abuse, exploitation, violence, discrimination, bullying and other related offenses

Child Protection Policy DepEd Order No. 40, 2012 Child Protection Policy Who is a child? Any person below eighteen (18) years of age or those over but are unable to fully take care of or protect themselves because of a physical or mental disability or condition. Pupils or students who may be eighteen (18) years of age or older but are in school.

Child Protection Policy DepEd Order No. 40, 2012 Child Protection Policy Children in School Refers to bonafide pupils, students or learners who are enrolled in the basic education system, whether regular, irregular, transferee or repeater, including those who have been temporarily out of school, who are in the school or learning centers premises or participating in school sanctioned activities.

Child Protection Policy DepEd Order No. 40, 2012 Child Protection Policy Prohibited Acts: Child abuse Discrimination against children; Child exploitation; Violence against children in school; Corporal punishment; Any analogous or similar acts; and Bullying or peer abuse

What is Child Abuse? It is the maltreatment of the child: Psychological & sexual abuse, neglect, cruelty, emotional maltreatment 2. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; 3. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or Who is a child? What is child abuse? What is CICL? What is 4. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth & development or in his permanent incapacity or death. (RA7610)

Duties & Responsibilities: Central Office Child Protection Policy DepEd Order No. 40, 2012 Duties & Responsibilities: Central Office Child Protection Policy Develop policy & guidelines for the prevention of violence against children in schools Conduct a nationwide information dissemination & campaign Devise programs, campaigns & activities Formulate a system of standard reporting, monitoring & evaluation & maintain a central repository of Regional Reports The Secretary shall exercise disciplinary jurisdiction

Duties & Responsibilities: Regional Office Child Protection Policy DepEd Order No. 40, 2012 Duties & Responsibilities: Regional Office Child Protection Policy Encourage & support advocacy campaigns & capability building activities; Consolidate reports on incidents & cases of the DO & submit a Regional Report; Monitor & evaluate the implementation and enforcement of this DO & related laws Exercise disciplinary jurisdiction, where appropriate; Give recommendations to the CO on policies, programs, and services to address & prevent cases.

Duties & Responsibilities: Division Office Child Protection Policy DepEd Order No. 40, 2012 Duties & Responsibilities: Division Office Child Protection Policy Conduct information-dissemination activities & in-service training for teachers; Undertake advocacy campaigns & capability building activities; Organize & conduct the capacity building activities for members of the CPC & Guidance Counselors/Teachers; Develop strategies to address the risk factors that contribute to the commission of child abuse, violence, etc. Consolidate reports on incidents & cases of all schools & submit a Division Report to the Regional Office

Duties & Responsibilities: Division Office Child Protection Policy DepEd Order No. 40, 2012 Duties & Responsibilities: Division Office Child Protection Policy Monitor & evaluate the implementation & enforcement by public & private schools of this DO & related laws & regulations; Exercise disciplinary jurisdiction, where appropriate; Give recommendations to the RO & devise measures to address & prohibit abuse, exploitation, and other acts; Utilize resources, coordinate with appropriate offices, agencies & instrumentalities for assistance; Encourage & support activities & campaigns; Perform functions assigned by the Secretary/RD

DepEd Order No. 40, 2012 Duties & Responsibilities: Schools (School Head) Child Protection Policy Ensure the institution of effective CPP & procedures, and monitor compliance thereof; Ensure that the school adopts a CPP; Ensure all pupils, students or learners, school personnel, parents, guardians, or custodians, and visitors & guests are made aware of the CPP; Organize & convene the Child Protection Committee for the school; Conduct capacity building activities for the CPC & Guidance Counselors/Teachers;

DepEd Order No. 40, 2012 Duties & Responsibilities: Schools (School Head) Child Protection Policy Conduct disciplinary proceedings in cases of offenses committed by pupils, students or learners; Ensure that the participatory & other rights of children are respected & upheld in all matters & procedures affecting their welfare; Maintain a record of all proceedings related to bullying or peer abuse & submit after each school year to the DO;

The Child Protection Committee All public & private elementary and secondary schools shall establish a Child Protection Committee (CPC) CPC Members: School Head / Administrator Guidance Counselor / Teacher Teacher Representative Parent Representative Student Representative Barangay Representative 1. Draft a school Child Protection Policy (CPP) 2. Initiate information dissemination programs & activities for the protection of children 3. Develop & implement a school-based referral & monitoring system 4. Establish a system for identifying students at risk 5. Identify, refer and report cases involving child abuse, exploitation, violence, discrimination & bullying 6. Give assistance to parents/guardians whenever necessary 7. Coordinate with the Women & Child Protection Desks of the PNP, the Local Social Welfare & Deve;opmne officer (LSWDO) & other agencies 8. Monitor the implementation of positive and effective measures & procedures in child support 9. Ensure that the child’s right to be heard is respected in all affairs affecting their welfare

DepEd Order No. 55, 2013 IRR Anti-Bullying Act 2013

Bullying Any student who commits acts of bullying Who is a bully? Any student who commits acts of bullying Who is the bullied? Who is the victim? Any student who experiences the acts of bullying or retaliation “Bully” – refers to any student who commits acts of bullying as defined by the Act or this IRR. d. “Bullied” or “Victim” – refers to any student who experiences the acts of bullying or retaliation as defined by the Act or this IRR. e. “Bystander” – refers to any person who witnesses or has personal knowledge of any actual or perceived acts or incidents of bullying or retaliation as defined by this IRR. Who is a bystander? Any person who witnesses or has personal knowledge of any actual or perceived acts or incidents of bullying or retaliation

Attention of any school personnel (SP) shall be immediately called DepEd Order No. 55, 2013 IMMEDIATE RESPONSE Attention of any school personnel (SP) shall be immediately called SP shall intervene IRR Anti-Bullying Act 2013 *Interventions involve: Stopping the bully/retaliation immediately Separating students involved Removing the victim or bully from the site Ensuring the victim’s safety Bring the bully to the guidance counselor/ SP

Management of Bullying & Other Acts of Abuse Protective & Remedial Measures to Address Bullying and Other Acts of Abuse by a Pupil, Student or Learner All bullying incidents must be reported to the School Head (SH) The intake sheet, provided in DO 40 s. 2012, shall be filled up Psychosocial support; Punitive measures as last resort Student shall be referred to the CPC SHs shall inform parents & hold a meeting

DepEd Order No. 55, 2013 Fact-finding & Documentation IRR Anti-Bullying Act 2013 Determine the levels of threats & develop intervention strategies Separately interview the bully and the victim privately Inform the victim & guardian of the steps to be taken to prevent further acts of bullying or retaliation Make appropriate recommendations to the CPC on proper interventions, referrals and monitoring

DepEd Order No. 55, 2013 MANAGEMENT IRR Anti-Bullying Act 2013 Intervention The CPC shall determine the appropriate intervention programs for the victim, the bully and bystanders. Referral The SH or the CPC may refer the victims and the bully to trained professionals outside the school For possible criminal charges against the bully or offending student, the designated school personnel shall notify the Women and Children’s Protection Desk (WPCD) of the local Philippine National Police.

Protective and Remedial Measures to Address Bullying and Other Acts of Peer Abuse Complaint School head/Principal Intake Sheet Child Protection Committee Meeting with parents of the pupils Victim, Offender, By - standers Non-punitive measures Students are referred for counseling and other interventions Punitive measures as last option

(administrative case) Protective and Remedial Measures violations of the prohibited acts by school personnel (administrative case)

School head/Principal Schools Division Superintendent Complaint School head/Principal Schools Division Superintendent Disciplining authority Within 48 hours If subject is a teaching personnel If subject is a non-teaching personnel Regional Office orders a fact finding investigation Not later than 72 hours Schools Division Office orders a fact finding investigation Re-assignment Preventive suspension (up to 90 days) Filing of Administrative Case Preventive suspension

Monitoring Reporting in CP Cases School (Intake Sheets) Division Office (Consolidated Reports) DepEd Central Office Regional Office (Consolidated Reports)

NO CHILD LEFT BEHIND: The child offender and victim shall be provided with the appropriate intervention in accordance with DO No. 40 s. 2012 & DO No. 55 s. 2013

Thank You!