2010 Manual of Regulation for Private Schools – Permit and Recognition
B. PERMIT AND RECOGNITION
Section 27. Establishment and Recognition Distinguished. The
establishment of a private educational institution refers to the creation, founding, or organization of a school resulting in its legal existence as an institution.
Recognition presumes an existing school and refers to the authorization granted by the Department for the school to conduct educational programs or operations. Establishment precedes recognition.
Section 28. Authority to Operate. Educational institutions can undertake educational operations only when so authorized by the Department. Consistent with the national educational policies, plans and standards, the Regional Director concerned shall have authority, accountability and responsibility for approving the establishment of private pre-school, elementary and high schools and learning centers.
Section 29. Permit and Recognition. Government authority which may be issued for the operation of private schools in basic education shall be of two kinds: a) permit and b) recognition. A permit for each year level or course shall be effective for a period of one school year. The permit issued to a school is valid only for a specific educational program and, while issued on a school year basis shall remain valid until formally revoked by the Department. On the other hand, government recognition for each year level or course shall be for an indefinite period provided that the requirements of law, rules and standards will be satisfied.
Section 30. Requirements for Issuance of Permit. Request for the opening of a new school or for the operation of a new grade or year level in existing elementary and secondary schools should be submitted to the Regional Office on or before August 30 preceding the start of the school year when the school/new course is supposed to operate. Subject to the authority of the Regional Director, the division office may also accept said requests. The request shall be accompanied with a notarized feasibility study covering comprehensively the following factors, supported with sufficient evidence;
a. Purpose and objectives of proposed school or course;
b. Availability and adequacy of school site and building, including
documents of ownership thereof, location plan, development plan,
pictures, or architect’s plan of building, if the same is still to be
c. Itemized cost of the project covering the entire course in terms of site,
site development, school building and quarters, classroom equipment
and facilities, library, salaries of faculty, and staff and maintenance;
d. Financial capacity of applicant, including his resources to provide the
requirements for the entire course and to support its operation from year
to year without depending solely on students’ fees;
e. Proposed faculty line-up and administrative and supervisory staff
together with their individual Transcript of Records and evidence of
willingness to join the school; and
f. Need or demand for establishment of the school or operation of the
course in the locality. If the course is already being offered in the same
town or city, there must be an evidence of the following factors:
■ Distance of the applicant school to the existing school
■ Enrolment in the existing school
■ Number of students in the same locality enrolled in schools other than in the existing school;
■ Number of prospective students of applicant-school; and
■ Facilities, standards, and supportive provisions for effective instruction and quality education
30.1 Failure to submit the desired feasibility study to support the request for operation shall be grounds for the outright disapproval of the same.
30.2 Existing schools that have no development plans or have not taken any positive steps or actions towards development and growth, or have not maintained satisfactory standards in their operation of duly authorized courses shall not be allowed to open new courses.
30.3 The Regional Office should evaluate requests for the opening and operation of courses at the elementary and secondary level. Subject to the authority of the Regional Director, the Division Office may also evaluate the said requests.
30.4 The permit to open and operate schools on the 1sf and 2nd levels of instruction in the region shall be granted by the regional Director concerned.
30.5 Private schools granted permission to open courses on the 1st and 2nd levels of instruction should file their application for permit to operate those courses with the Regional Office on or before January 2nd preceding the opening of the school year, and prepare their facilities for the inspection, except as may otherwise be decided by the Secretary. Subject to the Secretary’s authority, these schools may also file with the Division Office.
30.6 A thorough inspection of the school shall be conducted by a
supervisor to determine compliance with the requirements, both in the
authorized (if any) and new grade/year level. He/she shall submit a detailed
and comprehensive report stating his findings. The report shall cover
adequately the following information:
a. Date of visit
b. Course under Permit or Recognition and number of sections in each
c. Course applied for
d. Site description and area in square meters, adequacy for school
purposes, documents specifying ownership of land
e. Building description
f. Quarters and equipment
g. Health facilities
h. Administration and supervision: educational qualifications,
experience, salaries, and tenure of office (permanent, contractual,
part-time, or full-time) of school head and administrative and
i. Faculty: list of faculty members for existing course and courses
j. Financial position k. Admission credentials
I. How the school apportioned increases in tuition and other fees m. Quality of instruction; observation; deficiencies noted n. Retirement plan for its teachers and other personnel o. Observation on implementation of deficiencies noted p. Application and inspection fees: amount paid; official receipt number and date of issue
q. Evaluation: Summary of findings, strong points, and deficiencies noted
r. Recommendations strictly based on findings during the visit and existing standards and regulations
30.7 Private schools should own sites adequate for their own buildings, for physical education and athletics, military training and recreation, and also for vocational education where this course is required in the curriculum. Its size, nature, location and accessibility must adequately serve the purpose of the school. It should be free from noise, unpleasant odors and dust, and should be sufficiently far from cockpits, dancing halls, bowling alleys, movie houses, markets, garbage dumps, funeral parlors, cemeteries, heavy traffic highway, jails, railroad yards, and manufacturing and industrial establishments.
30.8 Ideally, the areas of school sites shall be as follows:
a. One half (.5) hectare for a school with an enrolment of 50 or less
b. One (1) hectare for a school with an enrolment of 50 to 1,000
c. Two (2) hectares for a school with an enrolment of 1,000 to 2,000
d. Three (3) hectares for a school with an enrolment of 2,000 to 3,000
e. The same ratio should be maintained for enrolment in excess of
30.9 Prior to issuance of permit, the school shall comply with the following:
a. Situated far from traffic, neighbors and fire hazards so that
necessary instruction and study can be carried on without undue
interference from neighbors or traffic and so arranged that the
classroom work going on in one will not interfere with those going on
in the other classrooms, study rooms, laboratory rooms or library;
b. Planned and so constructed that in case of fire, typhoon, earthquake,
all students can evacuate the building promptly and safely;
c. Provided with fire escapes, fire extinguishers and other safety
d. Provided with satisfactory toilet facilities, separate for students and
faculty by gender;
e. Adequately and properly lighted and ventilated;
f. Contains sufficient space, furniture and fixtures for the general
needs of the administrative staff, faculty and students;
g. Not used in any manner for private residence or for other purposes
that might interfere directly or indirectly in the proper functioning of
h. Accessible and suitable administrative office, faculty rooms and
i. Adequate space for student/personnel services;
j. Sufficient space for Home Economics and other vocational courses;
k. The doors of the classrooms and laboratory rooms lead or open outwards towards the corridors; and
I. In case of a two (2) or more story building, at least two (2) stairs with a minimum width of two (2) meters shall be provided subject, however, to other government regulations. Ramps shall be provided for students with special needs (BP 344 Accessibility Law)
30.10 The Regional Director shall sign the permit for the Secretary of Education. The permit shall cover the period of one school year. In issuing a permit, the Regional Director shall observe the following:
30.10.1 No permit shall be issued to a private school unless it has submitted a school bond the amount of which shall be fixed by the Secretary.
30.10.2 The Government Permit issued to a school is valid only for a specific educational program, and while issued on a school year basis, shall remain valid until revoked for cause.
30.10.3 The Regional Director shall furnish the Secretary of
Education, before the opening of classes, a list of permits issued,
attaching thereto copies of permits.
Section 31. School Advertisement. Any advertisement or announcement referring to the programs or courses of study being offered which are in the permit phase shall include the words “Under permit by the Department of Education.”
It shall be unlawful for any school to advertise or cause the publication of any advertisement or announcement before a permit to operate is granted.
Section 32. Grant of Recognition. The grant of recognition for schools shall be based on its satisfactory operation during the school year, without any deficiencies in instruction, administration and/or management and on full compliance with the prescribed requirements of the course.
a. On or before February 1st, preceding the opening of the school year,
schools operating courses under a temporary permit shall file an
application for recognition of those courses on the first and second level
of instructions. It should be filed with the regional office. Subject to the
authority of the Regional Director, the Division Office may also accept
b. There is no prescribed application form for recognition. A simple letter
will do. Supporting exhibits are not necessary. However, where there
are courses for recognition and courses for permit, both may be applied
for in one (1) application, using the application form for the permit to
operate the school.
c. A permit to operate which.has been previously issued shall continue to
be valid and considered renewed during the period where the school
has already applied for recognition and the Department has not officially
responded, either favorably or unfavorably.
d. The certificate of recognition granted for an educational program shall
continue to be valid unless a written revocation shall have been issued
by the Department.
e. Where grant of recognition of courses on the first and second level of
instruction (elementary and secondary education) is desired, the
Schools Superintendent shall submit to the Regional Director his report
and recommendation on the Processing Checklist Form together with
the supervisor’s report and the applicants’ application paper. Grant of
Recognition shall be decided by the Regional Director. The Regional
Office shall furnish copies of recognition issued to the school concerned
and the Office of the Superintendent.
Section 33. Effects of Recognition. The issuance of a Certificate of Recognition to a school for a particular educational program/course of study shall have the following effects:
a. It transforms the Permit to permanent authority for the school to operate the course.
b. It entitles the school to give the students who have completed the
course a certificate, title, diploma, or degree; and
c. It entitles graduates of recognized courses to all the benefits and
privileges enjoyed by graduates of similar programs in all schools
authorized by the government.
Section 34. Revocation/Withdrawal of Recognition. The closure of any program or course offered by a school may either be;
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.
Any action regarding revocation/withdrawal of the Certificate of Recognition must be for valid cause pursuant to existing laws and Department regulations and after due process, and shall be subject to the approval of the Regional Director. The valid causes must cite the specific instances of grave violations of Department regulations.
The school must be informed by the Department in writing, by registered mail, of the substantial deficiencies or causes for proposed revocation, and shall be required to explain and/or otherwise remedy the deficiencies or violations within a reasonable period.
Revocation may be done only after re-inspection and reevaluation to determine the school’s performance in providing efficient, quality and relevant educational services. Revocation is done only with due process after failure of the school concerned to correct the deficiencies and/or explain satisfactorily the violations within a reasonable period.
The Certificate of Recognition may be revoked after due process if the circumstances so warrant, or reverted to a Permit to operate for a period of one school year, for any of the following causes, without prejudice to instituting appropriate actions and imposing appropriate sanctions against the responsible school officials;
a. Fraud or deceit committed by the school in connection with the
application to the Department for Government Permit or Government
b. Unauthorized operation of a new school or branch, or a new
program or course of study, or major components thereof.
c. Violation of DepEd Orders or regulations
Within sixty (60) days after receipt by the school of the notice of revocation from the Department, the school may file a request for reconsideration, indicating its responses to the specific adverse findings of the Department which led to the revocation.
Section 35. Automatic Cancellation of Recognition. Government recognition not operated for more than one (1) school year is deemed automatically cancelled.
Section 36. Reopening Under Permit Status. A school with a cancelled recognition caused by its failure to operate for more than one (1) school year may reopen under permit status provided, however, that the department rules and prescribed standards have been complied with by the school concerned.
Section 37. Transfer of School to Another Location. The government recognition of a school which is transferred to another location is deemed cancelled: Provided however, that the government recognition may be retained, as an exception if the new site and campus school buildings and quarters are found to be much better than the former, and if all other standards have been satisfactorily maintained.
Section 38. Change of Ownership. As a rule, a school which changed ownership is considered a new school and the course recognition issued to the former owner shall be deemed cancelled. In such case, the new owner has to apply for and secure from the Department a new permit or recognition.
Section 39. Punishable Violations. Operation of schools and educational programs without authorization, and/or operation thereof in violation of the terms of recognition, are declared punishable violations subject to the penalties provided in Batas Pambansa Big. 232.
Section 40. Restoration of a Revoked Recognition. A revoked government recognition for a private school may be restored when the basis for such revocation no longer exists, all requirements having been met and after the school has conformed with the department rules and prescribed standards; provided, that the school concerned shall resume operations under permit status for one school year. Government recognition may be restored after one (1) school year of satisfactory operation of the course under permit in terms of administration and management, instruction and all other requirements of the Department.