Legal rights of parents and teachers should complement each other

During the time of former DECS Secretary Armand Fabella, an upset O.B. Montessori parent complained to him during a reception regarding Montessori homework as being given constantly. According to her, she pities her Grade IV son so “overburdened by school work.” Secretary Fabella, while recounting the incident to me, said: “I told her immediately that what she reported is good news to my ears. My greater fear is that young students are not getting enough assignments these days.”

The school manuals and uniforms

Due to the Montessori demand that adults recognize the true nature and distinct characteristics of childhood maturation to independence, whether they are pre-schoolers, grade school, and high school students, my staff and I drew up the following: a purple Student Manual, an Employees Code of Professional Conduct Manual, an Academic and Teachers Manual, as well as an OBMC Building and Environmental Care Manual. These documents have served in clarifying the various concerns and complaints of our parents.

While Philippine schools this June are busy orienting parents and students regarding school regulations, curriculum and parent-teacher relations, we are conducting a non-conventional way of familiarizing parents, the “Montessori way.” Before the students and parents’ manual is read, a fashion show of all the uniforms from preschool, grade school, to high school is held. It is part of the Montessori focus on care of the person and environment. The grey high school and cadet uniforms, the cafeteria service aprons complete with boys’ cap or the girls crocheted Juliet hairnet, the grade school red, white and blue dress uniform for girls and the monogrammed beige shirt and brown pants for boys. For their work in the kitchen and school farm, the grade school students wear the green kitchen aprons and the more casual Agriculture uniform with the utility agri-tool belt. The PE uniform of gray jogging pants and white shirt with a gym bag, including the Baden Powell scout shirt with navy blue shorts are worn weekly.

I am reflecting on the Montessori style of orienting parents annually to this revolutionary philosophy and scientific system of education. During the first decade of 1966 - 1976, to prevent under- or over-estimating this system, I hosted a weekly television program, “Montessori for the Home” and “Montessori for Everyone,” (1970 – 1972) on ABS-CBN Channel 3. Various Filipino magazines also carried articles on the Montessori way of learning. I was alarmed, however, by the mushrooming of false and ineffective “Montessori” preschools that wasted the money and greatly disappointed young parents.

The special authority of parents and school teachers

During the summer break our school lawyer Atty. Ulan Sarmiento updates the academic and administrative staff regarding the legislation of school management, with a focus on the parenting duties of teachers. He shares, “Before the Family Code of 1986 - 1987 took effect loco parentis was required of teachers; meaning that another set of parents could substitute by taking full responsibilities as parents over the children. It was a weighty responsibility imposed on teachers who must answer for any negative influence, which may hurt the child while inside the school.

“Today, it has been modified to ‘special parental authority’ by the new concept of the Family Code. Teachers no longer become substitutes but rather they are legally exercising parental authority and responsibility over the children in school, simultaneously with the natural or biological parents.”

What enrollment means

Atty. Sarmiento adds, “Once the parents enroll their children in a school, they enter into a contract based on trust and confidence in the school: TRUST in the school’s capability of providing quality education; CONFIDENCE in the school’s efficiency in discharging a complementary parental authority while the parents are not physically present with their children.

“The Family Code also states that generally, parents have no legal right to interfere with the operation of the school, nor the manner the teachers handle and teach their children. The only exception is when evidence clearly show that the way of the institution is contrary to law, public morals, public policy, good customs and public order. This example may sound rather exaggerated, but I intend to drive this point clearly. A school may prioritize its commercial gain and, ignoring morality, teach the students how to rob a bank or how to be an effective kidnapper. When parents realize that the lessons are on the art of committing such crimes, then they may complain to the Department of Education (DepEd) the wrongdoing of the institution.”

The teachers’ obligation to impose discipline

According to Atty. Sarmiento, “The teachers’ imposition of discipline on erring students is not their right, but their obligation. What is the legal difference between one’s right and one’s obligation? Napaka-importante nito (This is extremely important.) A right always connotes discretion or a choice. Example, if you are speaking of the right to join associations, it pertains to your right to join or not to join. But when we are speaking of an obligation, you have no choice but to fulfill this action. So if we say child discipline is not a right due to students but an obligation, it means therefore that you have to do it!

“For example, you caught five of your high school students smoking in the school premises and worse, one of them is your niece. What will you do? Will you discipline only the four and leave out your niece? Will you simply close your eyes, cover your mouth and ears, and keep quiet about her involvement? Definitely not! No matter what your relationship is, if there is a need to impose discipline, you must without hesitation. This is what you call ‘the obligation of a teacher’ in the exercise of parental authority.

“This means that you will only impose on these children the sufficient penalties or sanctions that you, as a good mother or a good father, would allow your own children. Anything in excess of this would now go beyond your authority and may result to legal complexities that will drag you to court with the school administrators.”

On corporal punishment

Atty. Sarmiento expounds: “While we consider that parents have a right to use corporal punishment, can we teachers in our exercise of parental authority also use corporal punishment? Before I answer that question, let me first define what corporal punishment is.

“Legally, corporal punishment is physical contact principally to inflict pain. You have two elements: 1) physical contact, and 2) the infliction of pain or saktan. There is the usual case of slapping or rough pushing a child once the teacher loses his temper. If the child stands at a distance and an object such as a book, a blackboard eraser or even the teacher’s table, is thrown at the youngster – the moment the child is hit – that is corporal punishment.

“Another common punishment inflicted by teachers is verbal abuse. Even if body contact does not take place, this is most humiliating and demeaning particularly for adolescent students who are extremely self-conscious. For instance, the unprintable Tagalog insults like gago, bobo (stupid, dumb), or even curses like p___ i__ (s__ o_ b___), are strictly prohibited. The Supreme Court said with regards to that, a teacher both in his official and personal conduct must display exemplary behavior. He or she must accept restrictions on his/her conduct that may be viewed as scandalous by ordinary citizens.”

Family Code Art. 233 and RA 7610

“It will be wise of our dear teachers to buy a copy of the Family Code. Paragraph 2 of Article 233 says that persons exercising special parental authority and responsibility over minor children are not allowed to use any form of corporal punishment. In addition, the new law of Republic Act 7610, which further enhances the protection of children against abuses, reiterates that a form of corporal punishment is already tantamount to child abuse which could entail not only administrative sanction or dismissal from service, but also criminal liability where you will have to languish in jail for six to 12 years depending on the gravity of the corporal punishment employed.” (DepEd Memo No. 40 s. 2012 Child Protection Policy)

“Again, let me emphasize that pride and anger of adults always turn off the young students, resulting in various learning barriers, like abhorrence of math, literature or science.”

When a teacher ruins her track record

Atty. Sarmiento recounts: “Several years back, a case was referred to me by then DECS Secretary Ricardo Gloria while I was still a consultant to the Department of Education, Culture and Sports. A teacher, who had 28 years of impeccable service in the government and only two years shy of retirement and getting its full benefits, one morning suddenly lost her temper, attacked a grade 6 student, and pinched her seven times in the chest. The child was a bloody sight.

“When I wrote the recommendation for her immediate termination and forfeiture of retirement benefits, it was with a heavy heart because I knew it was one dark moment in the life of the teacher, which practically obliterated her lengthy 28 years of service.”

Doing away with the universal oppression of children

There is a universal oppression going on. It is a strange phenomenon because the oppressors love the victims. But in reality, this is due to ignorance. Parents and teachers are unaware of the true nature of children from infancy to adolescence.

What can adults do then? They must first undergo an inner spiritual transformation to convert pride into humility, anger into patience. Then, they must provide a “‘prepared environment’ to help them become.” Preschoolers psychologically are challenged more by work than play; grade school students look for a culturally loaded curriculum to satisfy their enormous reasoning power, while the adolescent high school students long for technological training that will provide them skills to be economically independent.

(For feedback email at [email protected])