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Pertinent Laws Relative to Elections

LOCAL GOVERNMENT CODE OF 1991
LOCAL SCHOOL BOARDS

Sec. 98. Creation, Composition and Compensation. -

    1. There shall be established in every province, city, or municipality a provincial, city or municipal school board, respectively.  

    2. The composition of local school boards shall be as follows: 

      1. The provincial school board shall be composed of the governor and the division superintendent of schools as co-chairmen; the chairman of the education committee of the Sangguniang Panlalawigan, the provincial treasurer, the representative of the pederasyon ng mga Sangguniang kabataan in the Sangguniang Panlalawigan, the duly elected president of the provincial federation of parents-teachers association, the duly elected representative of the teachers' organization in the province, and the duly elected representative of the non-academic personnel of public schools in the province, as members;  

      2. The city school board shall be composed of the city mayor and the city superintendent of schools as co-chairmen; the chairman of the education committee of the Sangguniang Panlungsod, the city treasurer, the representative of the pederasyon ng mga Sangguniang kabataan in the Sangguniang Panlungsod, the duly elected president of the city federation of parents-teachers associations, the duly elected representative of the teachers' organizations in the city, and the duly elected representative of the non-academic personnel of public schools in the city, as members; and  

      3. The municipal school board shall be composed of the municipal mayor and the district supervisor of schools as co-chairmen; the chairman of the education committee of the Sangguniang bayan, the municipal treasurer, the representative of the pederasyon ng mga Sangguniang kabataan in the Sangguniang bayan, the duly elected president of the municipal federation of parents-teachers associations, the duly elected representative of the teachers' organizations in the municipality, and the duly elected representative of the non-academic personnel of public schools in the city, as members;  

    3. In the event that a province or city has two (2) or more school superintendents, and in the event that a municipality has two (2) or more district supervisors, the co-chairman of the local school board shall be determined as follows: 


      1. The Department of Education, Culture and Sports shall designate the co-chairman for the provincial and city school boards; and  

      2. The division superintendent of schools shall designate the district supervisor who shall serve as co-chairman of the municipal school board.  

    4. The performance of the duties and responsibilities of the abovementioned officials in their respective local school boards shall not be delegated.

Sec. 99. Functions of Local School Boards. - The provincial, city or municipal school board shall:  

    1. Determine, in accordance with the criteria set by the Department of Education, Culture and Sports, the annual supplementary budgetary needs for the operation and maintenance of public schools within the province, city or municipality, as the case may be, and the supplementary local cost of meeting such needs, which shall be reflected in the form of an annual school board budget corresponding to its share in the proceeds of the special levy on real property constituting the Special Education fund and such other sources of revenue as this Code and other laws or ordinances may provide;  

    2. Authorize the provincial, city or municipal treasurer, as the case may be, to disburse funds from the Special Education fund pursuant to the budget prepared and in accordance with existing rules and regulations;  

    3. Serve as an advisory committee to the Sanggunian concerned on educational matters such as, but not limited to, the necessity for and the uses of local appropriations for educational purposes; and  

    4. Recommend changes in the names of public schools within the territorial jurisdiction of the local government unit for enactment by the Sanggunian concerned. 

      The Department of Education, Culture and Sports shall consult the local school board on the appointment of division superintendents, district supervisors, school principals, and other school officials.

Sec. 100. Meetings and Quorum; Budget. -

    1. The local school board shall meet at least once a month or as often as may be necessary.  

    2. Any of the co-chairmen may call a meeting. A majority of all its members shall constitute a quorum. However, when both co-chairmen are present in a meeting, the local chief executive concerned, as a matter of protocol, shall be given preference to preside over the meeting. The division superintendent, city superintendent or district supervisor, as the case may be, shall prepare the budget of the school board concerned. Such budget shall be supported by programs, projects, and activities of the school board for the ensuing fiscal year. The affirmative vote of the majority of all its members shall be necessary to approve the budget.  

    3. The annual school board budget shall give priority to the following:

      1. Construction, repair, and maintenance of school buildings and other facilities of public elementary and secondary schools;  

      2. Establishment and maintenance of extension classes where necessary; and  

      3. Sports activities at the division, district, municipal, and Barangay levels.

Sec. 101. Compensation and Remuneration.- The co-chairmen and members of the provincial, city or municipal school board shall perform their duties as such without compensation or remuneration. Members thereof who are not government officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against funds of the local school board concerned, subject to existing accounting and auditing rules and regulations.

 
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