2010 Manual of Regulation for Private Schools – Branches, Night Classes, Closure

C. ESTABLISHMENT OF BRANCH AND NIGHT CLASSES; CLOSURE OF

SCHOOLS

Section 41. Establishing Branch School. In line with the Constitutional mandate for the State to take appropriate steps to make quality education accessible to all, the Department encourages educational institutions to establish branches all over the country which shall be considered part of the corporate identity of the educational institution originally recognized by the Department. Accordingly, there is no need for a school branch to incorporate or to have a separate corporate identity for the establishment of a school branch. Educational institutions shall still secure approval from the Regional Director concerned to operate a branch school

However, the privilege of establishing a branch within the same city or municipality without need for prior approval shall not be applicable for the National Capital Region or its component cities and municipalities.

A school facility shall be considered a branch where (1) a separate site and attendance educational facilities such as building and classrooms specifically for the school have been established, (2) the branch is offering educational programs which are also offered in the main school, and (3) the courses offered in the branch are not restricted to a special clientele such as employees of a company, but are open to the qualified general public.

A school facility shall be considered an extension class where it possesses the characteristics of a school branch as above, with the exception that (1) administrative and support facilities mentioned are not available at the site, but merely the classrooms; (2) enrollment in an extension class is restricted to a special clientele, and not available to the general public; and (30 such extension classes are temporary in nature. Prior notice given to the Department on the intention to hold extension classes will be sufficient.

The school may at its discretion apply as a separate educational institution rather than as a branch: As such, the applicant therefore shall meet the requirements for the establishment of a new school.

Section 42. Guidelines for the Operation of Night Classes. The following conditions should be met in the operation of night school classes:

42.1 Night school classes should be operated only in schools that operate recognized/authorized day classes.

42.2    They should be operated only in schools with adequate lighting facilities in the classrooms and the school premises. The school should provide maximum security measures for students, teachers and school administrators.

42.3    The school should be accessible to transportation.

42.4    Only qualified students should be allowed to enroll. They should have:

■       A certificate of graduation from elementary school, or

■       A certificate of the Philippine Educational Placement Test (PEPT) results

42.5     Students in night secondary schools should be self-employed or employed by other people during the greater portion of the day. A certificate of employment duly signed by the students’ employer, indicating the nature of the work, should be required before enrolment.

42.6     The Technology and Home Economics (THE) requirements may be fulfilled in the students’ places of work subject to proper supervision and evaluation by the THE teacher. The evaluation should include a brief narrative report which should be recorded and submitted to the principal in properly accomplished grading sheets.

42.7     All curriculum requirements governing the day classes should apply to the night secondary classes. Night secondary classes should be offered for five (5) years.

42.8      Night high school classes must be adequately and efficiently
administered and supervised by a qualified high school principal, or a
qualified school head teacher/department head official or a secondary
school teacher who may be designated as officer-in-charge of the night
classes.

42.9   The school should have a librarian who will serve the night classes
and will make available all library facilities provided for the day students.

42.10     Prompt and regular attendances of students must be enforced in night high school classes.

42.11     Teaching load of teachers should not be more than 12 hours a week and require not more than three (3) preparations.

42.12     Enrolment should not be less than 20 and not more than 40 students in a class.

42.13      The budget should be properly itemized and should include the salaries/honoraria of qualified teachers, principals and school officials/personnel directly involved in its operation and maintenance.

42.14      For private secondary schools, tuition fees must be collected from each student, the amount of which shall be in accordance with existing rules and regulations.

42.15      Night classes should begin not earlier than 4:30 in the afternoon and end not later than 9:30 in the evening.

42.15.1       Secondary schools operating night classes should submit their five-year night class program to the Office of the Regional Director not later than April 30 before the start of the new school year.

42.15.2       Secondary schools already operating night classes prior to SY 2000-2001 have to go on with their present curriculum until all the old students have graduated. First year students in SY 2000­2001 onwards shall be covered by the provisions in this section.

Section 43. Closure of Schools. The closure of any program or course offered by a school may be either:

a.    Voluntary, when the school for valid cause and on its own initiative
chooses to terminate or close any of its programs or courses offered,
provided such closure is undertaken at the end of a school term and
provided further that the school remains obliged to furnish the necessary
transfer credentials and records to the students affected by the closure, or

b.    Involuntary, when the closure or termination is ordered by the Department
through the revocation/withdrawal of the permit or certificate of
recognition previously issued for the program or course.

43.1 Withdrawal/Revocation of Recognition – any action regarding withdrawal/revocation of recognition must:

a.    Be for valid cause pursuant to existing law;

b.    Observe due process where the school concerned, through
its head, must be informed by the Regional Director in
writing by registered mail, of the deficiencies and required to
explain the violation within a reasonable period; and

c.    Be due to failure of the school concerned to correct the
deficiencies, and/or to explain satisfactorily the violation
after having been given a reasonable period to do so.

43.2     A private school which has not been granted government recognition after more than five (5) renewal permits may be subject for closure.

43.3     The Regional Director, after a thorough investigation and recommendation of the Schools Division Superintendent, may declare a private school temporarily closed when:

a.    No students are enrolled therein;

b.    The school buildings are destroyed or have been declared
dangerous to life;

c.    The entire school building and site houses refugees from
calamities; and

d.  There is no peace and order in the community.

43.4   The Regional Director shall close any private school that will be
found to be operating without any permit or recognition. In closing
such schools, the Regional Director may seek the assistance of any
officers of the law.

Such decisions of the Regional Director should be immediately submitted to the Secretary.

Section 44. Dissolution of a School. The dissolution and subsequent liquidation of a school shall conform in any case to the provisions of the Corporation Code of the Philippines on the dissolution of corporations.