Deped Order No. 40, S. 2012

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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
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
3000

2500

2000

1500 2014-2015
2013-2014

1000

500

0
CAR NCR I II III IV-A IV-B V VI VII VIII IX X XI XII XIII
  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 16 1,171
V 10 704
VI 37 2,795
VII 8 91
VIII 47 291
IX 0 0
X 30 560
XI 44 555
XII 36 510
XIII 0 555
Total 1,190 11,448
Report on the
Incidence of Child
Abuse in Schools
1600

1400

1200

1000

800 2013-2014
2014-2015

600

400

200

0
CAR NCR I II III IV-A IV-B V VI VII VIII IX X XI XII XIII
  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 26 32
VIII 17 11
IX 14 74
X 5 74
XI 23 18
XII 9 0
XIII 5 18
Total 521 2,706
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.
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
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.
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.
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:
1. 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
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)
DepEd Order Duties &
No. 40, 2012 Responsibilities:
Child Protection Policy Central Office

① Develop policy & guidelines for the prevention of


violence against children in schools
② Conduct a nationwide information dissemination
& campaign
③ Devise programs, campaigns & activities
④ Formulate a system of standard reporting,
monitoring & evaluation & maintain a central
repository of Regional Reports
⑤ The Secretary shall exercise disciplinary jurisdiction
DepEd Order Duties &
No. 40, 2012 Responsibilities:
Child Protection Policy Regional Office

① Encourage & support advocacy campaigns &


capability building activities;
② Consolidate reports on incidents & cases of the DO &
submit a Regional Report;
③ Monitor & evaluate the implementation and
enforcement of this DO & related laws
④ Exercise disciplinary jurisdiction, where appropriate;
⑤ Give recommendations to the CO on policies,
programs, and services to address & prevent cases.
DepEd Order Duties &
No. 40, 2012 Responsibilities:
Child Protection Policy Division Office
① Conduct information-dissemination activities & in-
service training for teachers;
② Undertake advocacy campaigns & capability building
activities;
③ Organize & conduct the capacity building activities for
members of the CPC & Guidance Counselors/Teachers;
④ Develop strategies to address the risk factors that
contribute to the commission of child abuse, violence, etc.
⑤ Consolidate reports on incidents & cases of all schools &
submit a Division Report to the Regional Office
DepEd Order Duties &
No. 40, 2012 Responsibilities:
Child Protection Policy Division Office
⑥ Monitor & evaluate the implementation & enforcement
by public & private schools of this DO & related laws &
regulations;
⑦ Exercise disciplinary jurisdiction, where appropriate;
⑧ Give recommendations to the RO & devise measures to
address & prohibit abuse, exploitation, and other acts;
⑨ Utilize resources, coordinate with appropriate offices,
agencies & instrumentalities for assistance;
⑩ Encourage & support activities & campaigns;
⑪ Perform functions assigned by the Secretary/RD
DepEd Order Duties &
No. 40, 2012 Responsibilities: Schools
Child Protection Policy (School Head)
① Ensure the institution of effective CPP &
procedures, and monitor compliance thereof;
② Ensure that the school adopts a CPP;
③ Ensure all pupils, students or learners, school
personnel, parents, guardians, or custodians, and
visitors & guests are made aware of the CPP;
④ Organize & convene the Child Protection
Committee for the school;
⑤ Conduct capacity building activities for the CPC &
Guidance Counselors/Teachers;
DepEd Order Duties &
No. 40, 2012 Responsibilities: Schools
Child Protection Policy (School Head)
⑥ Conduct disciplinary proceedings in cases of
offenses committed by pupils, students or
learners;
⑦ Ensure that the participatory & other rights of
children are respected & upheld in all matters
& procedures affecting their welfare;
⑧ 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
DepEd Order
No. 55, 2013
IRR Anti-Bullying Act 2013
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
Who is a bystander?
Any person who witnesses or has personal
knowledge of any actual or perceived acts or
incidents of bullying or retaliation
DepEd Order
No. 55, 2013 IMMEDIATE
IRR Anti-Bullying Act 2013 RESPONSE

Attention of any
school personnel SP shall
(SP) shall be
immediately called intervene
*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
The intake sheet,
incidents must be
provided in DO 40 s.
reported to the
School Head (SH) 2012, shall be filled up

Psychosocial support; Student shall SHs shall inform


Punitive measures be referred parents &
as last resort to the CPC hold a meeting
DepEd Order
No. 55, 2013 Fact-finding &
IRR Anti-Bullying Act 2013 Documentation

Separately Determine the levels of


interview the threats & develop
bully and the
intervention strategies
victim privately

Inform the victim & Make appropriate


guardian of the steps to be recommendations to
taken to prevent further the CPC on proper
acts of bullying or interventions, referrals
retaliation and monitoring
DepEd Order
No. 55, 2013 MANAGEMENT
IRR Anti-Bullying Act 2013

Intervention Referral

• The CPC shall • The SH or the CPC may refer the


victims and the bully to trained
determine the professionals outside the school
appropriate • For possible criminal charges against
the bully or offending student, the
intervention designated school personnel shall
programs for the notify the Women and Children’s
victim, the bully and Protection Desk (WPCD) of the local
Philippine National Police.
bystanders.
Protective and Remedial Measures
to Address Bullying and Other Acts of Peer Abuse

Complaint

School
Intake head/Principal
Sheet

Child Protection Meeting with parents


Committee of the pupils

Non-punitive
Students are referred measures
for counseling and
other interventions
Punitive
measures as last
option
Protective and Remedial Measures
violations of the prohibited acts by school personnel
(administrative case)
Complaint

School Schools Division


head/Principal Superintendent

Disciplining
authority Within 48 hours

If subject is a If subject is a non-


teaching personnel teaching personnel

Not later
Regional Office orders a fact Schools Division Office orders a
than 72
finding investigation fact finding investigation
hours

Preventive Re-assignment Filing of


suspension (up to Administrative
90 days) Preventive Case
suspension
Monitoring
Reporting in CP
Cases
School Division Office
(Intake (Consolidated
Sheets) Reports)

DepEd Regional Office


(Consolidated
Central Office 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!

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