1. Institutionalization of student representation in tertiary school governing boards The Student Rights and Welfare Act Proposal By: National Youth Commission

2. Introduction It is the policy of the State to protect and promote the right of the Filipino students to access relevant and quality education at all levels regardless of sexual orientation, ethnicity, economic status, religious beliefs or affiliation. In effectively doing this, students should be able to actively and effectively participate in the democratic processes relating to issues that affect them. However, is this realized?

3. Introduction The National Youth Commission (NYC), being the focal government agency for the Filipino youth, strongly supports the advocacy for student representation in the governing board of both public and private school, as immortalized in the Philippine Youth Development Plan 2012-2016.

4. Context: Student rights and welfare The Philippines has made significant inroads in institutionalizing youth participation through the Sangguniang Kabataan – a vital policy and program implementing youth arm in the local government units. However, one significant area for student participation is severely lacking – that is in the realm of education, specifically in higher or tertiary level education.

5. Context: Student rights and welfare NYC believes that policies and programs that will contribute to the protection of rights and welfare of the students should be implemented. However, do students know their basic rights?

6. Context: Student rights and welfare In a consultation conducted by several student organizations, which was held on 26 August 2010 with the CHED Chairperson Patricia Licuanan, student leaders were able to voice out a variety of concerns, one of which is the push to involve students in student governing bodies.

7. Context: Student rights and welfare In another more recent national consultation conducted by the NYC about the Students’ Rights and Welfare bill held in 2013, students were asked about their views on student representation in school governing bodies. The following are the responses of the youth present: – Students should be involved in the policymaking bodies either through surveys or by representation. – The student representative should be selected by the student body.

8. Context: Student rights and welfare – Consultations must be conducted with the student body for student-based policy concerns such as tuition fee increase, change in curriculum, etc. – The University Disciplinary Board should also be composed of a student appointed by the Student Council. – Drafting of the Student Handbook should be a function of the Student Body. – The existing policy on governing boards is subject to limitations such as administrative approval before publications or announcements.

9. Context: Student rights and welfare Participation in the decision-making process of the governing board seems the most important track for the students’ participation.

10. Challenges in Student Participation By virtue of RA 8292, students are given the slot in the governing boards. By so doing, the student representative also has equal rights to vote, decide and enact rules and regulations for the whole school. – However, this law only applies to SUCs. – In this sense, CHED crafted the Manual of Regulations for Private Higher Education Institutions (2008) which provides for the “proper, effective and reasonable implementation of the laws, rules and regulations affecting the private higher education in the country”

11. Challenges in Student Participation The importance of the concept of academic freedom is present in the Manual. It gives powers to the Governing Board which shall exercise the “general supervision, have exclusive control and direction of all funds, prescribe policies, make rules and regulations and establish practices” (Manual, 2008, pg. 47) that are not inconsistent with the rules of CHED. Qualifications of the prospective members of the Governing Board were listed down. However, there was no specific provision on including student representatives in the board.

12. Challenges in Student Participation There is a severe lack of a national policy that will strategically guarantee the institutionalization of student representation in school governing boards especially in private HEIs. The offshoot will be the continuous implementation of school rules and regulations that may sometimes hamper the welfare of the students, which is primarily present in the private HEIs setup.

13. NYC Policy Options The first track is through the revision of the CHED Manual: It should specifically indicate the right of the students to participate in school governance and decision- making process. Since the main challenge is the interests of the HEIs, incentives should be given to schools which promote student participation. In the same light, disincentives should be given to HEIs which do not promote student participation. CHED shall issue a Memorandum Circular engaging all CHED offices to uphold and implement the provisions of the revised Manual.

14. NYC Policy Options The second track is through the enactment of the Magna Carta of Youth: The Magna Carta of Youth is a comprehensive policy that has a specific provision on student representation is HEI governing boards. Once passed, it will guarantee that the State will promote the rights and welfare of the youth by engaging all government agencies, LGUs, NGOs, and other stakeholders to fulfill its provisions. The National Youth Commission shall be the overall monitoring body and oversight to ensure the implementation of this policy.

15. Conclusion The rights and welfare of the vulnerable sector should be protected at all costs. In this realm, the students are considered the marginalized sector. They need to be represented in matters that concern them. The lack of a comprehensive national policy that will ensure the protection of their rights is a big challenge to their development. NYC believes that through an inclusive and enabling policy that ensures student representation, the development of the students is upheld.

16. Thank you very much.