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towards minimizing government legislated curricula

towards minimizing government legislated curricula. Haydee B. Yorac.

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towards minimizing government legislated curricula

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  1. towards minimizing government legislated curricula

    Haydee B. Yorac
  2. As a legal concept, academic freedom has evolved from the traditional notion of the right of individual teachers and scholars to pursue their economic interests and to publicize the results of their studies without an interference from external institutions or persons, including the state, to the concept of institutional academic freedom.
  3. in the case of Garcia v. The Faculty Admission Committee, Loyola School of Theology, our Supreme Court quoting the concurring opinion of Mr. Justice Felix Frankfurter in the celebrated case Sweezy v. State of New Hampshire declared that institutional academic freedom.
  4. Four essential freedoms; the right of an educational institution to determine by itself on academic grounds, 1. Who may teach, 2. What may taught, 3. How it shall be taught, 4. And who may be admitted to study.
  5. as if to stress the point, the Supreme Court also quoted with approval former University of the philippines President and College of Law Dean Vicente G. Sinco that the internal conditions for academic freedom in a University are that the academic staff should have de facto control of the following functions:
  6. Admission and Examination of students; The curricular for courses of study; The appointment and tenure of office of academic staff; The allocation of income among the different categories of expenditure.
  7. The more notable legislative or executive fiats that have been enacted making mandatory the inclusion of certain subjects in school curricula are: Spanish Law Rizal Law Dangerous Drugs Law Letter of Instruction No. 47
  8. State has the authority to require institutions of higher to obtain governmental permit or approval before any person can own and operate a school, and that these schools must meet general standards of efficiency established by appropriate state agencies so that the such schools may furnish adequate instruction to the public.
  9. This is so on the basis of two powers granted to the state. Police Power Promote the general welfare and the specific grant of the power to supervise and regulate all educational institutions.
  10. Cited: 1. In communist states, of course, no credible equivalent to academic freedom can exist in practice, whatever their constitutions might provide. Obviously, no university professor in a communist state can be permitted to criticize fundamental communist dogma or to advocate the restoration of capitalism let alone deviate from prevailing orthodoxy whatever this might be in time of Mao Tse-Tung or HuaKua Fang in China.
  11. 2. According to BetrandRussell,it makes young people more passive, both for good and evil. It improves manners and diminishes crimes; it facilitates common action for public ends; it makes the community more receptive to direction from the centre. Without it, democracy cannot exist except as an empty
  12. It is significant to note that Section 8 (i) of Article XV of the Constitution added a second sentence to the original grant of power to supervise and regulate educational institutions. It reads “The state shall establish and maintain a complete, adequate, and integrated system of education relevant to the to the goals of national development.”
  13. according to Denis Goulet, He identifies as life sustenance which includes all objects which satisfy the human being’s basic requirement for food, shelter, healing and survival. Esteem or self-worth or a person’s sense that he is respected by others and that he can freely pursue his aims without being used or manipulated by others for their own ends.
  14. 3. Freedom which in the very least signifies a range of choices and the minimization of constraint in the pursuit of some perceived goal.
  15. In 1970, Dr. Irene R. Cortes asked,: What do the faculties of the various schools, in which this interference in curricular matters occur, have to say about these outside agencies telling them what they can or cannot do with their curriculum? Were they consulted in the first place or did they lobby for these laws? What stand has the university taken in this serious assault on its academic freedom? Is this dictation from outside accepted?
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