Memos

Amendments to the 2010 Manual of Regulations for Private Schools

f.    Whereas, there is a need to repeal Section 133 of the 2010 Revised
Manual in order to address the apparent conflict between the
provisions in Section 133 and Section 157.1 of the 2010 Revised
Manual.

g.   Whereas, there is a need to include parents and guardians in the
coverage of the present provisions of Section 159 of the 2010 Revised
Manual on campus security.

h.   Whereas, there is a need to make the present provisions of Section
182(b) of the 2010 Revised Manual conform to the provisions of
Section 3(a) of Presidential Decree No. 451 (PD 451 – Authorizing the
Secretary of Education and Culture to Regulate the Imposition of
Tuition and Other School Fees, Repealing Republic Act No. 6139, and
for Other Purposes); Section 5(2) of Republic Act No. 6728 (RA 6728,
as amended by RA 8545), An Act Providing Government Assistance to
Students and Teachers in Private Education, and Appropriating
Funds Therefor; and the pronouncement in the case of St. Joseph’s
College vs. St. Joseph’s College Workers’ Association (G.R. No.
155609, January 17, 2007).

Wherefore, the 2010 Revised Manual of Regulations for Private Schools Basic Education is hereby amended as follows:

a. Section 30 of the 2010 Revised Manual is amended and shall read as follows:

Section 30. Requirements for Issuance of Permit. Application for the authority to open a new school, or operate a new course/year level by existing pre-elementary, elementary and secondary schools, shall be submitted to the Regional Office, or subject to the authority of the Regional Director, to the Division Office on or before August 30 preceding the start of the school year when the new school or new course/year level is supposed to operate.

The Regional Office shall assess the completeness of the documentary requirements attached to the subject application. The applicant school shall be informed in writing of deficiencies noted, if any, not later than September 30 of the same year the said application was filed. The school shall be allowed to complete the deficiencies not later than October 31 of the same year.

If all the documentary requirements are complete or the school has already complied, the Regional Office shall conduct ocular inspection and evaluation of the applicant school’s compliance with the minimum standards set for the program applied for, not later than November 30 of the same year the subject application was filed.

After inspection and evaluation, the applicant school shall be officially informed of the deficiencies noted, if any, not later than December 15 of the same year the subject application was filed and shall be given until January 31 of the following year to correct the same. Thereafter, the Regional Office shall re-evaluate and validate compliance with the requirements. If the applicant school complies with all the requirements, the subject authority shall be issued not later than February 28 of the following year the said application was filed. Otherwise, a written disapproval shall be issued within the same period.

If any DepEd personnel fails to act on the subject application, the said DepEd personnel shall be dealth with in accordance with DepEd Order No. 49, s. 2006.

The subject application shall be accompanied with a notarized feasibility study covering comprehensively the following factors, supported with sufficient evidence:

a. xxx                                            xxx                                                  xxx

xxx                                          xxx                                                  xxx

f.   xxx                                          xxx                                                  xxx

A permit to operate which had been previously issued shall be considered renewed and continue to be valid for purposes of graduating students during the period where the school has already applied for recognition of the program and the Regional Office which has not officially responded to the same in writing, either favorably or unfavorably, without the fault of the applicant school.

All schools shall post copies of new permits and recognition of their programs on bulletin boards located inside their campuses.

Regional and Division Offices shall post in their bulletin boards a list of schools granted with the authority to operate.

b. Section 30.7 of the 2010 Revised Manual is amended and shall read as follows:

Section 30.7. Private schools should own sites adequate for their own buildings, and facilities for physical education and athletics, military training and recreation, and also for vocational education in which 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 high-ways, jails, railroad yards, and manufacturing and industrial establishments.

In meritorious cases, a school may be allowed to lease its premises; however, a grace period may be allowed by the Department such that the private school concerned shall have: (1) acquired its own school site within five (5) years from the date of filing of the application for permit to operate; and (2) constructed school buildings/facilities on said school site within ten (10) years from the said filing of the application for permit to operate. Failure to comply with the condition stated above shall be a ground for the revocation of the permit and/or recognition of the school concerned.

c.    Section 32.a of the 2010 Revised Manual is amended and shall read
as follows:

Section 32. Grant of Recognition. The grant of recognition for schools shall be based on their 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 in which recognition is intended,

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 such application.

d.   Section 41 of the 2010 Revised Manual is amended and shall read as
follows:

Section 41. Establishment of a School Branch. 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 have a separate corporate identity for the establishment of a school branch.

Educational institutions shall not be required to secure approval from the Regional Director concerned to establish a school branch, except in the National Capital Region (NCR). However, the said Regional Director shall make sure that such school branch complies with the standards and requirements set by the Department.

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 special clienteles such as employees of a company, but are open to the qualified general public.

At its discretion the school may apply as a separate educational institution rather than as a branch. As such, the applicant should meet the requirements for the establishment of a new school.

41-a. A school facility shall be considered an extension class when 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 special clienteles, and not available to the general public; and (3) such extension classes are temporary in nature. Prior notice given to the Department on the intention to hold extension classes will be sufficient.

e.  Section 70 of the 2010 Revised Manual is amended and shall read as
follows:

Section 70. Minimum Educational Qualifications of a School
Teaching Personnel.                      xxx                                    xxx                               xxx.

xxx                                                                xxx                                                                           xxx

f.   Section 133 of the 2010 Revised Manual is repealed.

g.  Section 157.1 of the 2010 Revised Manual is amended and shall read
as follows:

Section 157. Attendance and Punctuality.      xxx     xxx    xxx.

Section 157.1. Absences. A pupil/student who incurs absences of more than twenty percent (20%) of the prescribed number of class or laboratory periods during the school year or term should be given a failing grade and given no credit for the course or subject. Furthermore, the school head may, at his/her discretion and in the individual case, exempt a pupil/student who exceeds the twenty percent (20%) limit for reasons considered valid and acceptable to the school. Such discretion shall not excuse the pupil/student concerned from responsibility of keeping up with lesson assignments and taking examinations when indicated. The discretionary authority is vested in the school head, and may not be availed of by a student nor granted by a faculty member without the consent of the school head.

Habitual tardiness especially during the first period in the morning and in the afternoon shall not be allowed. Teachers concerned shall call for the parent or guardian of the student concerned or visit him at home.

h.  Section 159 of the 2010 Revised Manual is amended and shall read as
follows:

Section 159. Campus Security. Only bonafide students of the school shall be allowed inside the school campus.

No visitors, including parents or guardians, shall be allowed inside the campus during school hours except for valid reasons. They shall be required to sign the logbook of the security service.

Teachers shall confer with parents/guardians or entertain visitors during their off period.

No students or visitors, including parents or guardians, shall be allowed inside the school building and the premises after the last class period has ended except for schools with night classes.

i.    Section 182 of the 2010 Revised Manual is amended and shall read as
follows:

Section 182. Limitation. The increase in tuition or other school fees as well as new fees or charges shall be subject to the following conditions:

a.     xxx                                         xxx                                                  xxx

b.   That no increase in tuition or other school fees or charges
shall be approved unless seventy percent (70%) of the
tuition fee increase shall be allocated for payment of
salaries, wages, allowances and other benefits of the

members of the faculty and all other employees of the school concerned, and the balance for institutional development, student assistance and extension services, and return on investment; Provided, that in no case shall the return on investment exceed twelve percent (12%) of the incremental proceeds; Provided, further, that in computing the incremental proceeds from the tuition fee increase, such increase for the current year is to be multiplied by the number of enrollees in the same year who have actually paid for the increased tuition fees.

4.                 Any part or provision of this DepEd Order which may be held invalid or declared unconstitutional shall not affect the effectivity and efficiency of operation and implementation of the remaining parts or provisions hereof.

5.                 The incorporation of the amendments shall change the title of the 2010 Manual of Regulations for Private Schools in Basic Education to 2011 Manual of Regulations for Private Schools in Basic Education, which include policies pertaining to the Enhanced Basic Education Program or K+12. Any existing Department Circulars, Orders, Memoranda, including the 2010 Revised Manual issued under DepEd Order No. 88, s. 2010 dated June 24, 2010, or any of its part which are contrary to or inconsistent with any provision of this DepEd Order shall be deemed repealed or modified accordingly.

6.                 This DepEd Order is approved and shall take effect upon its publication in DepEd website: www.deped.gov.ph.

7.                 Immediate dissemination of and compliance with this Order is directed.

BR. ARMIN A. LUISTRO FSC

Secretary

References:

DepEd Order: (Nos. 88, s. 2010 and 49, s. 2006)

To be indicated in the Perpetual Index under the following subjects:

CHANGE

MANUALS

POLICY

RULES & REGULATIONS SCHOOLS

SMA, DO Amendment 2010 Revised Manual of Regulations January 21, 2011/January 31, 2011

Introducing Informal Education, ALS Trends and ALS Policies

DepEd MEMORANDUM No.471, s. 2010
NOV 0 3 2010

4.                   The registration fee of Six Thousand Pesos (PhP6,000.00) will be charged to each participant to cover the cost of board and lodging, speakers’ honoraria, kits, handouts, supplies and materials. The registration fee shall be paid during the conference to the PANFEI as the overall manager and initiator of the conference.

5.                   Attendance to the said national conference will be on official business.

Participants are expected to register on December 12, 2010. The first meal will be dinner on December 12 and the last meal will be breakfast on December 16, 2010.

6.                   Individual expenses of DepEd participants such as transportation and registration fee and other incidental expenses shall be charged against local funds subject to the usual accounting and auditing rules and regulations. Non-DepEd participants shall use their own private or agency funds.

7.                   Enclosed is the Tentative Program of Activities.

8.                   For more information, please contact the ALS Division Chiefs in the Regional Offices and the BALS Office at telephone numbers: (02) 635-5188; (02) 635-4694; or (02) 635-5193.

9.                   Immediate and wide dissemination of this Memorandum is desired.

BR. ARMIN A. LUISTRO FSC
Secretary

Reference:

DepED Memorandum: No. 199, s. 2009

To be indicated in the Perpetual Index under the following subjects:

ALTERNATIVE LEARNING SYSTEM

CONFERENCES

OFFICIALS

TEACHERS

2010 Manual of Regulation for Private Schools – School Site and Buildings

L. SCHOOL SITE AND BUILDINGS

Section 160. Ownership. Unless exempted by the Secretary, each private school shall own its site, or shall have a definite and feasible program for ultimate ownership thereof within a reasonable period, which should be adequate and suitable for the buildings and activities of the school.

Section 161. Standards on School Site. The standards on school site of private schools shall be considered, among others, on the factors of total floor in square meters, occupancy at any one time, school developmental plan, and traffic situation in school vicinity, and such other requirements as the Secretary may deem valid and reasonable to issue.

Section 162. Limitation on School Capacity. All private schools shall be limited in their enrolment on the basis of occupancy at any one time and total capacity of school facilities and such other factors as may be determined through regulation by the Secretary.   Existing schools shall not be allowed to expand in their

- 8I ­enrolment unless the standards on school sites as provided for under this 2010 Manual are satisfied.

Section 163. School Buildings. Each private school shall likewise own its buildings, unless otherwise exempted for special reasons by the Secretary. The school buildings should be adequate and suitable for the purposes and activities of the school as required under existing laws, rules, and standards.

2010 Manual of Regulation for Private Schools – Private Preschools

S. RULES AND REGULATIONS ON THE OPERATION OF PRIVATE

PRESCHOOLS

Section 184. Rules and Regulations on the Operation of Private Preschools.

The recognition of the importance of preschool education in the development of children has brought about the establishment of a large number of preschool programs in the Philippines.

To safeguard and ensure the rights of Filipino children to quality education within reasonable cost, it is imperative that guidelines on the operation of preschools, which include but are not limited to the tuition fees and other fees be enforced. Further, the requirements in the prior increase in tuition fees per DECS Order No. 12, s. 1997 have not been fully observed to the detriment of both parents and pupils.

The Department of Education shall reiterate and assert its authority as stipulated in Education Act of 1982 to regulate the operation of preschools in the country.

1.      DECS Order No. 107, s. 1989 re Guidelines on the Organization and Operation of Preschools, specifically on the physical environment requirement will be strictly enforced.

2.      Application for permit of new schools must include information on the initial/basic tuition fees and miscellaneous fees to be charged.

3.      Schools that have been operating for two (2) years or more without permit should stop their operation.

4.      Regional Offices shall publish in leading newspapers the list of registered preschools on or before April of each school year.

5.      Established schools must update the Division/Regional offices on their existing tuition and miscellaneous fees yearly.

6.      Schools should submit to the Regional Offices accomplished application form for the tuition fee increase together with minutes of meeting with parents and agreements made.

7.      Regional Directors are also empowered to recommend limits on the tuition fees increased based on existing laws and guidelines subject to the control and supervision of the Secretary.

8.      Regional Offices should form a fact-finding committee which includes supervisors and legal officers to conduct a dialogue/investigation on any school’s violation of Department’s policy on exorbitant tuition and other fees charged. The committee must also recommend to the Secretary closure of preschools which violate the rules on the establishment of schools.

9.      Regional Offices are required to designate a private school supervisor who will closely supervise and monitor preschools with or without permit.

10.  Report on the monitoring and supervision must be submitted to the Bureau of Elementary Education, this Department.

2010 Manual of Regulation for Private Schools – GASTPE Policies

e) If the EVS recipient is not accepted by the School Committee, then the school shall return the voucher and all documents presented to the school by the applicant. The applicant may use these documents to apply to another private school.

8. FAPE shall require the submission of electronic data on grantees of each school. The private secondary school shall key in the grantee’s names and other information into its school account in the ESC-EVS Online Encoding System found at www.peac-fape.org.ph. Schools are provided with a unique FAPE School ID and a password to access their school account on the website where their lists of grantees are available. Electronic accomplishment of these forms shall be required on a yearly basis. A computer program will automatically generate the EVS Billing Statement that must be printed in five copies. These copies shall then be signed by the School Committee and submitted to the RPCom got processing.

7. The deadline for private schools to submit the signed EVS Billing Statements to the RPCom shall be August 15, 2010. With the help of the FAPE RPCs, the RPCom shall facilitate the review, compilation, signing of the EVS Billing Statements and forwarding the same to FAPE in Manila not later than August 30, 2010. FAPE shall then consolidate the billing statements in batches and forward these not later than October 30, 2010 to the DepEd Accounting for processing of payments. All valid claims received within this period shall be paid within the fiscal year. NO CLAIMS SHALL BE RECEIVED AFTER THIS PERIOD.

F.  Documentation And Processing Of School Documents

1.      All pertinent program forms are available at http://peac-fape.org..ph and must be fully accomplished electronically online at the said site.

2.      For SY 2010-2011, five copies of the Billing Statement (whether for ESC or EVS) shall be signed by all members of the School Committee.

3.      The school shall submit 5 copies of the Billing Statement along with the fully accomplished DepEd BEIS forms which are available at DepEd website: www.deped.gov.ph.

G. Processing Of School Claims

1.      The FAPE RPC and the FAPE national Secretariat shall process school Billing Statements for ESC or EVS on a first-come, first-served basis.

2.      The FAPE RPCs shall accept the signed Billing Statements (5 copies) with the fully-accomplished BEIS forms (3 copies). The documents shall be checked for accuracy and completeness before these are sent to the FAPE national secretariat for final checking and consolidation.

3. The FAPE national secretariat shall compare the data in the submitted school Billing Statements with the electronically-generated supporting program forms. It shall consolidate the Billing Statements on a first-come, first-served basis, and in batches, endorse these for payment to the DepED Central Office. The batch numbers indicate the priority or queuing order of payment of schools. A school may check its batch number at their own school profile at the FAPE website. The completed BEIS forms shall be sent to the DepED-OPS.

H. Payment of Grants through Official School Land Bank Accounts

1.      DepED, through the Department of Budget and Management (DBM), shall credit to the schools’ Land Bank of the Philippines (LBP) accounts, the payments for ESC, EVS, and TSS grants. This bank account must be in the official name of the school. In no case shall payment be made directly to a person, whether he or she is a grantee or a school official.

2.      Sanctions for Errors and Mistakes. Overpayment to a school due to errors and mistakes in the ESC or EVS Billing Statements shall be refunded by said school to the Department of Education. Failure by the school to do so shall cause, among others, the suspension of the school privilege to admit new ESC or EVS grantees.

2010 Manual of Regulation for Private Schools – School Records

O.SCHOOL RECORDS

Section 174. Contents of School Records. The school record of any transferring pupil or student sent by one school to another should contain the final rating in each subject with the corresponding credits or the action taken thereon; in the case of the elementary level, the general average of the pupil including the quarterly rating if the pupil leaves school before completing the school year.

Section 175. Request for School Record. Upon submission and acceptance of the transfer credential, the school to which a pupil or student has transferred shall request in writing for the complete school records (Form 137) or transcript of records of the pupil or student from the school last attended. The latter school shall forward such records directly to the school within thirty days from receipt of the request.

The school records should not be given to the pupil or student unless authorized in writing by the school requesting for said records.

Section 176. Release of Records. The school records of a pupil or student under a penalty of suspension or expulsion shall not be released until the lapse of the penalty – therefore, at the discretion of the school in the case of suspension, or approval by the Secretary in the case of expulsion.

2010 Manual of Regulation for Private Schools – International Schools

D. ESTABLISHMENT OF A FOREIGN OR INTERNATIONAL SCHOOL

Section 45. Establishment of a Foreign or International School. A foreign or international school may be established in the Philippines for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

Section 46. Use of the word “Foreign” or “International” or Name of a Foreign Country. Only a school established for foreign diplomatic personnel and their dependents and for other foreign temporary residents shall be allowed by the Department to use as part of the name of the school the word “Foreign” or “International” or the name of a foreign country.

Section 47. Manner of Establishing a Foreign or International School. A

foreign or international school may be established through legislation or by applying to any foreign or international school the same terms and conditions or requirements governing the grant of government authority to operate a pre­school, elementary or secondary course or a year level therein subject to the condition that the school is established for foreign diplomatic personnel and their dependents and for other foreign temporary residents. It will be allowed by the Department to use the school calendar and curricular program in basic education of a foreign country subject to limitations or regulations that the Secretary may impose.

Section 48. Foreign Temporary Resident. A foreign temporary resident in the Philippines shall be allowed to study in a private school as well as in a foreign or international school provided that he/she has a student visa granted by the Bureau of Immigration.

Section 49. Enrollment of Filipino Students in Foreign or International School. A foreign or international school established for foreign diplomatic personnel and their dependents and for other foreign temporary residents may accept the enrollment of Filipino students; provided: that the group of Filipino students shall not comprise more than the limit to be set by the Department; provided further, that the study of the Philippine Constitution shall be part of the Curricula for Filipino students in such schools; provided also, that they shall inculcate Filipino patriotism and nationalism, foster love of humanity, respect for human rights and appreciation of the role of Filipino national heroes in the historical development of the country, teach the rights and duties of Philippine citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge and promote vocational efficiency; and provided lastly that an elementary or secondary student from a foreign or international school may transfer to a private or public school subject to the guidelines of the Department.

Section 50. Control and Administration of a Foreign or International School by Aliens. A foreign or international school established for foreign diplomatic personnel and their dependents and for other foreign temporary residents may be under the control and administration of aliens who have the necessary visa from the Bureau of Immigration and working permit from the Department of Labor and Employment.

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.

2010 Manual of Regulation for Private Schools – Personnel

his employment, desist from complying with his written commitment, or transfer to another school during the school term or during the effective period of his contract or appointment, except when the termination, desistance, or transfer has the prior approval of the school head or as allowed in this Manual. It shall likewise be prohibited for any school teaching personnel, whether temporary or permanent, to teach in another school, unless such employment has the prior approval of the school head of the school wherein he is regularly employed and subject to the limitation on subject-load.

Any violation of this provision shall subject the erring school personnel to such appropriate disciplinary sanctions as may be imposed by the private school in accordance with such regulations as may be prescribed by the Secretary, and without prejudice to any right of action of the school as provided for by law.

Section 74. Grievance Machinery. Every private school shall provide for amicable internal procedures or remedies, including provisions for voluntary arbitration, as a preferable measure in the settlement of any issue, dispute or grievance arising from employment relations.

Section 75. Removal, Reduction in Salary or Suspension of School Personnel. Removal, reduction in salary, or suspension without pay of school personnel under permanent status of private school shall be for cause and after due process as provided for in this Manual, its implementing rules, and the policies and regulations of the school. Any removal, reduction in salary, or suspension without pay of school personnel under permanent status in violation of the provisions of this Manual shall be null and void.

Removal, reduction in salary, or suspension without pay of school personnel under temporary status shall be subject to such regulations as may be promulgated by the Secretary to prevent circumvention of the right of such personnel to be secured in their employment as defined in their agreements. Any temporary school personnel who has been removed in violation of the regulations issued by the Secretary, or as provided for in the school rules, or in any applicable agreements, may be reinstated or paid his back salaries computed from the time it was withheld from him and for the rest of the period provided for in his contract, at the option of the school.

Section 76. Termination of Employment by the School Administration.

School personnel of private schools under permanent status may be removed, reduced in salary, or suspended without pay for the following causes.

a.    Dishonesty, fraud, or willful breach of the trust reposed in him by the
school through its duly constituted authorities;

b.    Oppression, or commission of a crime against the person of school
officials, students, or any other component elements therein;

c.    Misconduct which directly or indirectly affects the integrity of the school;

d.    Neglect of duty, or inefficiency;

e.    Notoriously disgraceful or immoral conduct;

f.     Violation of Reasonable school rules, or willful disobedience of a
reasonable order of the school authorities in connection with his work;

g.    Improper or unauthorized solicitation or collection of contributions from, or
selling of tickets or materials, to students and school personnel;

h.    Conviction of a crime involving moral turpitude; or

i.      Other causes analogous to the foregoing as may be provided for in the
regulations prescribed by the Secretary, or in the school rules, or in
collective bargaining agreements.

Section 77. Safeguard in Disciplinary Procedures. School personnel employed under permanent status in all private schools shall enjoy the following safeguards in any disciplinary proceedings against them, which may result in suspension without pay, reduction in salary, or termination of employment:

a.    The right to be informed in writing of the specifications of the complaint;

b.    The right to answer in writing the complaint;

c.    The right to speedy disposition of the case and full access to the evidence;

d.    The right to defend himself, or through counsel of his choice, with
adequate time for preparation of his defense; and

e.    The right to be informed of the decision in writing and to appeal to proper
authorities.

Section 78. Period of Appeal. School personnel under permanent status in all private schools who are removed, reduced in salary, or suspended without pay as a result of a disciplinary proceeding may appeal to the Secretary or his duly authorized representative, within fifteen days from the date of receipt of a copy of the decision. In the absence of an appeal in writing within the reglementary period herein provided, the decision of the school shall be final and executory.

Section 79. Limitation of Penalty. In meting out sanctions, penalties shall be imposed for like offenses, and no private school personnel shall be penalized more than once for the same offense. An admonition or a warning shall not be considered a penalty.

Section 80. Preventive Suspension. The school head of a private, school may preventively suspend a school personnel who is under investigation, if the charge against him involves dishonesty, oppression, grave misconduct, neglect in the performance of duty, or if there are strong reasons to believe that he is guilty of such charges which would warrant his removal from the school. Preventive suspension of school personnel shall be exercised on the grounds and in the manner provided therein.

A preventive suspension without pay, imposed upon any school personnel shall not be more than sixty days. After the expiration of such period, he shall be reinstated, or his suspension shall continue with provisional pay; provided that when the delay in the disposition of the case is due to the fault, negligence, or petition of the school personnel himself, the period of delay shall not be counted in computing the period of suspension herein allowed.

Section 81. Summary Proceeding. Subject to compliance with the requirements of due process, and the requirements that the Secretary may impose, the procedure for disciplinary action against a school personnel may be summary in nature.

Section 82. Termination of Employment by School Personnel.

a.    Except as otherwise provided for in this Manual, a school personnel
may terminate without just cause his employment in a private school by
serving a written notice on the school head at least one month in
advance. The school upon whom no such notice was served may hold
the school personnel liable for damages.

b.    A school personnel may terminate his relationship with a private school
without serving any notice for any of the following causes:

1)      Serious insult on his honor and person by the school or its duly authorized officials;

2)      Inhuman and unbearable treatment given him by the school or its duly authorized officials;

3)      Commission of a crime or offense against his person or any of the immediate members of his family by the school or its duly authorized officials; or

4)      Other causes analogous to the foregoing.

Section 83. Disease as Ground for Separation. A private school, through its chief executive officer, may terminate the service of any school personnel who is found to be suffering from any disease and whose continued employment is prohibited by law or its prejudicial to his health as well as to the health of students or co-workers. In addition to other benefits as provided for by law, a school personnel who is removed from the school under this provision shall be paid separation pay equivalent at least to one month salary or to one-half month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one whole year.

Section 84. Reduction of School Personnel. Whenever reduction of school personnel becomes imperative in a private school due to unavoidable or unforeseen circumstances beyond the control of the school administration, or in case of voluntary closure or phasing-out of the school or of any of its programs, the school personnel in the same group or class of positions shall be reasonably compared in terms of relative fitness, efficiency, educational qualifications, and length of service and those found to be the least qualified shall be separated. The termination of employment under this Section shall entitle the school personnel affected thereby to separation pay equivalent to one month or at least one-half month salary for every year of service, whichever is higher, a fraction of at least six months being considered as one whole year.

Section 85. Involuntary Closure of School. The closure of a private school or course for cause as provided for in this Manual, or the cessation of operation which is found to be illegal or in violation of the regulations prescribed by the Secretary, shall entitle the school personnel affected thereby to separation pay equivalent to one month salary or to at least one-half month salary for every year of service, whichever is higher, a fraction of at least six months being considered as one whole year, and without prejudice to reinstatement or loss of seniority rights, at the option of the school personnel, in case of the reopening of the school.

Section 86. When Employment Not Deemed Terminated. A bonafide suspension of the operation of a private school or course for a period not exceeding one school term or the fulfillment by a school personnel of a military or civic duty shall not terminate employment. In such cases, the school shall reinstate the school personnel concerned to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one month from the resumption of the operation of the school or course or from his relief from the military or civic duty.

2010 Manual of Regulation for Private Schools – The DepEd

18.   Guihulngan City

19.   Naga City

Region VIII – Government Center, Candahug, Palo, Leyte. It is composed of (10) divisions.

1.       Northern Samar

2.       Eastern Samar

3.       Biliran

4.       Tacloban City

5.       Samar

6.       Southern Leyte

7.       Leyte

8.       Calbayog City

9.       Ormoc City

10.    Maasin City

Region IX – Airport Road, Tiguma, Pagadian City. It is composed of (8) divisions.

1.       Zamboanga del Norte

2.       Dapitan City

3.       Dipolog City

4.       Pagadian City

5.       Zamboanga City

6.       Zamboanga del Sur

7.       Zamboanga Sibugay

8.       Isabela City

Region X – Don Gregorio Pelaez Sports Complex, Velez St., Cagayan de Oro City. It is composed of (13) divisions.

1.       Misamis Oriental

2.       Cagayan de Oro City

3.       Bukidnon

4.       Camiguin

5.       Iligan City

6.       Gingoog City

7.       Lanao del Norte

8.       Misamis Occidental

9.       Ozamis City

10.    Oroquieta City

11.    Tangub City

12.    Valencia City

13.    Malaybalay City

Region XI – F. Torres St., Davao City. It is composed of (9) divisions.

1.       Davao del Norte

2.       Compostella Valley Province

3.       Davao City

4.       Davao del Sur

5.       Davao Oriental

6.       Digos City

7.       Panabo City

8.       Tagum City

9.       Samal City

Region XII – Carpenter Hill, Koronadal City. It is composed of (9) divisions.

1.       General Santos City

2.       Cotabato City

3.       Cotabato

4.       Saranggani

5.       South Cotabato

6.       Sultan Kudarat

7.       Koronadal City

8.       Kidapawan City

9.       Tacurong City

Region XIII (CARAGA) – J. Rosales St., Butuan City. It is composed of (9) divisions.

National Capital Region – Misamis St. Bago Bantay, Quezon City. It is composed of (16) divisions.

1.       Marikina City

2.       Manila

3.       Caloocan City

4.       Valenzuela City

5.       Muntinlupa City

6.       Pasay City

7.       Malabon

8.       Mandaluyong City

9.       Taguig City – Pateros

10.    Makati City

11.    Las Pihas City

12.    Paranaque City

13.    Pasig City

14.    San Juan City

15.    Navotas City

16.    Quezon City

Cordillera Administrative Region (CAR) – Wangal, La Trinidad, Benguet. It is composed of (7) divisions.

1.       Abra

2.       Apayao

3.       Baguio City

4.       Benguet

5.       Ifugao

6.       Kalinga

7.       Mt. Province

Autonomous Region of Muslim Mindanao (ARMM) – Cotabato City. It is composed of (11) divisions.

1.       Lanao del Sur l-A

2.       Lanao del Sur ll-A

3.       Lanao del Sur. Il-B

4.       Lanao del Sur l-B

5.       Maguindanao

6.       Sulu I

7.       Sulu II

8.       Tawi-tawi

9.       Basilan

10.    Marawi City

11.    Lamitan City

19.2. Powers, Duties and Responsibilities of a Regional Director.

There shall be as many regional offices as may be provided by law. Each regional office shall have a director, an assistant director and an office staff for program promotion and support, planning, administrative and fiscal services.

Consistent with the national educational policies, plans and standards, the regional director shall have authority, accountability and responsibility for the following:

1.      Defining a regional educational policy framework which reflects the values, needs and expectations of the communities they serve;

2.      Developing a regional basic education plan;

3.      Developing regional educational standards with a view towards bench-marking for international competitiveness;

4.      Monitoring, evaluating and assessing regional learning outcomes;

5.      Undertaking research projects and developing and managing region wide projects which may be funded through official development assistance and/or or other finding agencies;

6.      Ensuring strict compliance with prescribed national criteria for the recruitment, selection and training of all staff in the region and divisions.

7.      Formulating, in coordination with the regional development council, the budget to support the regional educational plan which shall take into account the educational plans of the divisions and districts;

8.      Determining the organization component of the divisions and districts and approving the proposed staffing pattern of all employees in the divisions and districts;

9.      Hiring, placing and evaluating all employees in the regional office, except for the position of assistant director;

10.  Evaluating all schools division superintendents and assistant division superintendents in the region;

11.  Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of the regional office, including professional staff development;

12.  Managing the database and management information system of the region;

13.Approving the establishment of public and private elementary and high schools and learning centers; and

14. Performing such other functions as may be assigned by proper authorities.

19.3. Division Office. A division shall consist,of a province or a city which shall have a schools division superintendent, at least one assistant schools division superintendent and an office staff for programs promotion, planning, administrative, fiscal, legal, ancillary and other support services.

Consistent with the national educational policies, plans and standards the schools division superintendents shall have authority, accountability and responsibility for the following:

1. Developing and implementing division education development plans;

2.      Planning and managing the effective and efficient use of all personnel, physical and fiscal resources of the division, including professional staff development;

3.      Hiring, placing and evaluating all division supervisors and schools district supervisors as well as all employees in the division, both teaching and non-teaching personnel, including school heads, except for the assistant division superintendent;

4.      Monitoring the utilization of funds provided by the national government and the local government units to the schools and learning centers;

5.      Ensuring compliance of quality standards for basic education programs and for this purpose strengthening the role of division supervisors as subject area specialists;

6.      Promoting awareness of and adherence by all schools and learning centers to accreditation standards prescribed by the Secretary of Education;

7.      Supervising the operations of all public and private elementary, secondary and integrated schools, and learning centers; and

8.      Performing such other functions as may be assigned by proper authorities.