S. RULES AND REGULATIONS ON THE OPERATION OF PRIVATE
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.
R. POLICIES AND GUIDELINES FOR THE GOVERNMENT ASSISTANCE TO STUDENTS AND TEACHERS IN PRIVATE EDUCATION AT THE BASIC EDUCATION LEVEL EFFECTIVE SY 2010-2011
Section 183. General Guidelines. The following general guidelines shall apply to both Education Service Contracting (ESC) and Education Voucher System (EVS) programs. Unless otherwise specified, the term grantee shall refer to either an ESC grantee or an EVS voucher holder. The term grant shall refer to either an ESC grant or an EVS voucher.
A. Conditions Of The Education Service Contracting And Education Voucher
1. The ESC and EVS grants cover four (4) years of secondary school from 1st year to graduation. They can start only at the first year level. No new grants shall be awarded at higher year levels.
2. The grant is deemed renewed for the next school year if the student is promoted to the next year level and enrolls in the same school. Since both ESC and EVS are systems of financial assistance to the grantees, no maintaining grade shall be required for retention in this program.
3. The grant is deemed terminated for any one of the following reasons:
a) If the student drops out for non-health reasons in the middle of the school year
b) If the student has not applied for an official leave and does not re-enroll the following year
c) If the student ins retained at the same year level or otherwise not promoted to the next higher year level
d) If the student is suspended for more than two (2) weeks or dismissed to expelled by the school for disciplinary violations
e) If the student transfers to a non-ESC or non-EVS participating school
4. For reasons of health and force majeure, a grantee may be allowed to continue enjoying the grant.
5. A grantee may apply for transfer to another ESC or EVS participating school.
6. Transfers from outside the National Capital Region (NCR) into NCR are not allowed. Transfers from NCR to participating schools outside the NCR may be allowed but the amount of the grant is reduced accordingly.
B. Amount of ESC and EVS Grants and other Financial Matters
1. For all grantees in all regions outside NCR, the amount of the subsidy shall be Five Thousand Pesos (P5,000.00) per grantee for the entire school year.
2. For 1st year to 3rd year grantees in NCR in SY 2010-2011, the amount of subsidy shall be Ten Thousand Pesos (P10,000.00) per grantee for the entire school year. This is in recognition of the fact that private school tuition and all other fees are much higher in NCR than in the rest of the country.
3. For 4th year grantees in SY 2010-2011 in NCR, the amount of subsidy shall be Five Thousand Pesos (P5,000.00) per grantee for the entire school year.
4. If a grantee drops out or transfer to a non-participating school before July 15, 2010, then DepED shall not pay the subsidy. If a grantee transfers to another ESC or EVS participating school before the second Friday of July, then DepED shall pay the grant to the receiving school, not the school of origin.
5. If a grantee transfers to another ESC or EVS-participating school after July 15, 2010, DepED shall pay the subsidy to the school of origin. It shall be the responsibility of the grantee to settle accounts with the receiving school. For SY 2010-2011, the receiving school cannot collect payment from DepED for the late transferee/s. For statistical purposes, the student weho transfers after said date shall be counted as a SY 2011 -2012 grantee at the school of origin.
6. It shall be responsibility of the receiving school to report in its online school account in the FAPE website the names and other details of transferees in and out of the school concerned.
C. Private School participation in ESC or EVS
1. Private schools desiring to participate in the Program may write a letter
of intent with their contact details to their respective DepED Division
Superintendents who shall in turn, endorse their letter to the concerned
FAPE Regional program Coordinators, a detailed listing of the names,
contact numbers and addresses is available at www.peac-fape.org.ph.
They must meet all the following conditions:
a) The school should be recognized by the government
b) It must be accredited at least as Level 1 by any member of the Federation of Accrediting Agencies of the Philippines (FAAP), or has passed the FAPE Certification Program.
2. Private schools participating in ESC and EVS shall have passed the
FAPE Certification Program, a brief description of which is available at
www.peac-fape.or.ph. FAPE shall continue to implement its certification
and re-certification process for participating and prospective
participating schools, and shall assist these schools in assessing and continuously improving their quality.
3. A private school with permit to operate may be allowed to participate if it has been recently organized for which government recognition is not yet possible, provided it is the only private school operating in the community, and provided further, that it will eventually pass the FAPE Certification Program during the first year of participation.
4. The private school shall have submitted its complete Basic Education Information System (BEIS) forms for SY 2010-2011 as follows: one (1) copy to the DepED Division Office and two (2) copies to the RPCom.
5. The Private school has a functional School Improvement Plan (SIP).
6. The private school has a Dropout Reduction program in place which shall include special counseling for ESC and EVS grantees, when needed.
7. The private school has a School Committee composed of the school head as chairperson, the representative of the PTA, and the representative of the faculty association. This committee screens and accepts ESC and EVS grantees.
8. The private school has a functional Faculty Club that continuously promotes the professional and personal development of the teachers.
9. The participating private school agrees to comply with other conditions that may be imposed to improve the effectiveness of the ESC and EVS programs.
D. Allocation of Slots
Using national standards, DepED Office of Planning Service (OPS) shall determine the normal carrying capacity of each public secondary school. The resulting estimated number of students beyond the normal carrying capacity of each public school is herein referred to as “aisle” students. Ideally, the number of ESC and EVS grant shall be proportional (if not equal) to the number of aisle students.
1. ESC PROGRAM. For SY 2010-2011, first year ESC slots shall be equal to the number of first year grantees of SY 2009-2010. Additional slots shall be given to participating schools in areas where there is serious overcrowding in public secondary schools Annex B). Priority shall be accorded to FAAP accredited schools and to schools that were rated “Above Standard” in the latest DepED-FAPE Certification Program.
2. EVS PROGRAM. For SY 2010-2011, new EVS slots shall be allocated by the DepED OPS to the regions based on identified priority areas.
The Regional Program Committee (RPCom) shall be responsible for determining and distributing additional slot allocations per division on the basis of need, a report of such distribution of allocations shall be forwarded to FAPE for consolidation which in turn shall render a report to DepED Central Office through the BSE on or before July 30, 2010.
Selection of Grantees, Reporting and Billing Arrangements for ESC
1. Participating private schools shall advertise for applicants to ESC and EVS grants in all elementary schools in their catchment areas.
2. The participating schools shall form a School Committee headed by the principal which shall be responsible for the screening and final selection of grantees. The Principal shall be responsible for orienting the grantees and their parents/guardians regarding program policies (it shall be made clear that the ESC is a government program provided for under RA 8545 or GASTPE Law).
3. The criteria for selection are as follows:
a) The applicant meets the admission requirements of the school.
b) The applicant receives a favorable assessment by the School Committee with regard to his/her parent’s/guardian’s commitment to support the applicant’s completion of secondary education under the program, and enter into a contract with the private school concerned.
c) At least 60% of all grantees shall come from public elementary schools. The RPCom shall assign to the participating private schools the 40% allocation of ESC beneficiaries to graduates of private elementary schools, giving priority consideration to those students belonging to the lower middle income bracket. The distribution of the 40% allocation to private schools shall also consider situations where there are no public elementary schools within 1.5 kilometer radius, in such a case the private participating school may use its total ESC allocation for graduates of private elementary schools.
4. Participating schools shall submit electronic data on their grantees to FAPE. The 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 list of grantees is available. Electronic accomplishment of these forms shall be required on a yearly basis. A computer program will automatically generate the ESC Billing Statement that must be printed in five copies. These copies should then be signed by the School Committee members and submitted to the appropriate RPCom for processing.
5. The deadline for private schools to submit the signed ESC 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 ESC 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 Division 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.
E. Selection Of Schools And Grantees, Reporting And Billing Arrangements For EVS
Education vouchers can be redeemed in private schools subjects to the following conditions:
1. Selection of Schools, If there is at least one FAPE-certified private school in a (three) 3 km radius, then the vouchers can be redeemed only in the FAPE-certified school.
2. If there is no FAPE-certified school within a (three) 3 km radius, then any private secondary school in that radius which has government recognition or permit to operate as described in para. C.3 above, may accept EVS grantees, provided that the school concerned shall undergo the FAPE Certification Program within the school year.
3. EVS participating schools shall also establish their school Committee and Faculty Club whose functions are similar to the ESC School Committee and the ESC Faculty Club.
4. Deadline for identifying SY 2010-2011 Voucher Recipients. For SY 2010-2011, new vouchers must be redeemed on or before the expiration dated indicated in the voucher.
5. Selection of EVS Grantees
a) An EVS grantee must be a public elementary school graduate, PEPT passer, or ALS first year qualifier of high school age. Graduates of private elementary schools are not eligible for EVS.
b) Within NCR, only graduates of NCR public elementary schools can redeem or use a voucher in an NCR private secondary school, Elementary school graduates from outside NCR cannot redeem a voucher in an NCR private secondary school.
c) The School Committee in the participating private secondary school shall decide whether or not to accept the EVS applicant.
d) The School Committee shall also be responsible for orienting the grantees and their parents/guardians on the program and its rules (it shall be made clear to the grantees and their parents that the EVS is a pump-priming program of the government). The parent/guardian shall also sign at the back of the Voucher which is then kept by the school, ready for inspection by the DepEd and/or FAPE monitoring teams.
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.
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.
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.
Section 62. School Recruitment Policy. Each private school shall have a policy on recruitment, selection and appointment of its school personnel, subject to the salary and qualification standards and other conditions of employment as provided for by law in this Manual, and such other regulations issued by the Secretary.
Every private school shall promote the improvement of the economic, social and professional status of all its personnel.
In recognition of their special employment status and their special role in the advancement of knowledge, the employment of teaching and non-teaching academic personnel shall be governed by such rules as may from time to time be promulgated in coordination with one another by the Department of Education and the Department of Labor and Employment.
Conditions of employment of non-academic, non- teaching school personnel, including compensation, hours of work, security of tenure and labor relations, shall be governed by the appropriate labor laws and regulations.
Section 63. Probationary Period; Regular or Permanent Status. A probationary period of not more than three years in the case of the school teaching personnel and not more than six months for non-teaching personnel shall be required for employment in all private schools. A school personnel who has successfully undergone the probationary period herein specified and who is fully qualified under the existing rules and standards of the school shall be considered permanent.
Section 64. Security of Employment. Stability and Security of employment shall be assured all private personnel as provided for under this Manual and other applicable laws. School personnel shall be provided with a contract or appointment in accordance with their employment status in the school.
Section 65. Labor Organization. The recognition of labor organizations in any school shall be governed by the provisions of the Labor Code and subject to regulation and supervision by the Department of Labor and Employment.
Section 66. Full-Time and Part-Time School Employment. As a general rule, all private schools shall employ full-time school personnel. An applicant shall be eligible for a full-time employment in a private school whenever he has the minimum qualifications prescribed in this Manual, has no other remunerative employment requiring regular working hours elsewhere, and whose services to the extent of at least eight hours during each working day are available during the entire time the school operates.
The employment of part-time school personnel shall be reckoned in terms of the needs of the school and/or the availability of qualified applicants.
Section 67. Full-time and Part-time School Personnel; Ratio of. The ratio in the employment of part-time and full-time school teaching personnel in all private schools shall be issued through regulation by the Secretary, based on the nature of the course-offerings, qualifications for teaching, and full-time equivalents, among others.
The ratio in the employment of school non-teaching personnel, except the school head and other school supervisory officials, shall be determined by each private school on the basis of the nature as well as needs of the services therein.
Each private school shall keep official records of all its school personnel.
Section 68. Rights of School Teaching Personnel. Subject to the limitations prescribed by law and the school policies and regulations, the rights of a teaching personnel of a private school shall be:
a. To be respected in his rights as a teacher and as a citizen by his school superiors, peers, and students;
b. To be formally apprised of the specific terms and conditions of his employment, and to be paid his salary and other benefits as they become due and payable;
c. To be secured in his employment in the school after he has successfully passed the prescribed probationary period therein;
d. To determine and give the ratings of his students with objectivity and guided by the norms of the teaching profession;
e. To bring to the attention of the proper school authority any matter affecting his employment in consonance with fairness, justice, and ethics;
f. To impose reasonable disciplinary action or sanctions on minor cases of misbehavior of students during the class hours, or, during non-class hours when he is officially designated or appointed as a school representative;
g. To seek the truth, to inquire, discover, publish, and teach the truth in his area of competence, without undue interference, except as may be imposed by the ethics or standards of his discipline;
h. To be formally informed of his performance rating at least once every school term, based on the generally accepted evaluation techniques and procedures, and in the event of adverse findings, to be afforded a reasonable time within which to improve himself in his performance;
i. To be informed of any complaint against him, to be heard by himself or by counsel in any administrative investigation, to present evidence for his defense, to confront and cross-examine witnesses, to be informed of the
decision, and to appeal to proper authorities;
j. To form, or join, or not to join, organizations for the advancement of his professional as well as economic interests as may be recognized by the school administration;
k. To pursue higher formal studies in line with the approved programs of development of the school; and
l. To recommend changes in the policies, programs, organization and management of the school.
Section 69. Duties of a School Teaching Personnel. Subject to the limitations prescribed by law and the school policies and regulations, the duties of a school teaching personnel of a private school shall be:
a. To teach subjects or perform school assignments effectively, observe
regular attendance in his work, and give fair and just ratings to his
students on the basis of prescribed standards;
b. To recognize and respect the rights of his school superiors, co-workers
c. To teach by precepts and example in terms of excellence and personal
d. To refrain from discussing matters outside the scope of his course or
discipline inside the classroom;
e. To broaden and update his competence through reading professional and
scientific publications and journals, and when appropriate through
purposeful participation in local and national meetings, seminars,
conferences, workshops, and other similar fora;
f. To share his expertise toward the expansion of the frontiers of knowledge
in his profession through researches, creative writings, and active
participation in professional and educational conferences;
g. To assist in every way feasible the school administration and his co-
workers in all activities aimed at improving and strengthening the
operations and programs of the school;
h. To conscientiously fulfill the terms and conditions of his employment for
the period of time agreed upon and to give the school administration a
reasonable time to assign his replacement when he decides to terminate
his relationship with the school;
i. To avoid any professional or personal action or activity which may result in
economic loss or legal and social embarrassment of his/ school;
j. To state clearly, when giving out public statements, whether he speaks as an official representative of his school or as an individual citizen; and
k. To enforce the reasonable rules, standards, and policies of his school with objectivity and to maintain at all times good discipline among his students inside or outside the classroom.
Section 70. Minimum Qualifications of a School Teaching Personnel. The
school teaching personnel in pre-school, elementary and secondary level of basic education in all private schools shall possess appropriate educational qualifications and must pass the Licensure Examination for Teacher (LET).
a. The minimum educational qualification for school teaching personnel in
the kindergarten and elementary levels shall be a bachelor’s degree in
b. The school teaching personnel in the secondary level of instruction shall
have the following minimum educational qualifications:
1) For academic subject – a bachelor’s degree in education, or equivalent, or a bachelor’s of arts, with such additional number of professional education subjects as may be required, to teach largely in their major or minor fields of concentration.
2) For vocational subjects – a graduate of any bachelor’s degree, with knowledge of the vocational courses to be taught.
Section 71. Appointment of School Personnel. The selection and appointment of school personnel shall be the responsibility of the governing board of each private school. The designation, qualifications, salary rate, date of effectivity, and other terms and conditions of employment shall be specified in the appointment or contract of each school personnel in accordance with the provisions of this Manual, or its implementing rules, and the policies and standards of the school. The appointment or contract of each school personnel shall be signed by the school head, or his duly authorized representative, and the school personnel concerned.
Section 72. Contract or Appointment. All school personnel shall be given each a contract or appointment, as the case may be, which shall define in specific terms the stipulations and conditions of employment with the private school in accordance with law, school policies, and the provisions of any applicable collective bargaining agreement. School personnel under temporary status shall each be provided with a written contract, with a period of at least one school term which may be renewed for a similar period subject to the agreement of the parties. School personnel under permanent status, either part-time or full-time, shall each be provided with a written appointment for an indefinite period which shall be deemed subsisting and effective, unless otherwise terminated in accordance with law and the existing rules and policies of the school.
The contract or appointment signed and acknowledged by the parties in the event of any dispute relative to the terms and conditions of employment shall be taken as the law between them, unless the agreement is contrary to law, public policy, morals, or good customs.
Section 73. Transfer of School Teaching Personnel. It shall be prohibited for any school teaching personnel, whether temporary or permanent, to terminate
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
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.
C. ESTABLISHMENT OF BRANCH AND NIGHT CLASSES; CLOSURE OF
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
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
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.
III. THE DEPARTMENT OF EDUCATION
Section 11. Authority, Accountability and Responsibility. The Department of Education is vested with authority, accountability and responsibility for ensuring access to, promoting equity in, and improving the quality of basic education.
Section 12. Head of the Department. The Department is headed by a Secretary of Education assisted by such Undersecretaries and Assistant Secretaries as may be provided for by law.
Section 13. Powers, Duties and Responsibilities of the Secretary. The
Secretary of the Department of Education shall exercise overall authority and supervision over the operations of the Department.
In addition to his/her powers under existing laws, the Secretary of Education shall have authority, accountability and responsibility for the following:
1. Formulating national educational policies;
2. Formulating a national basic education plan;
3. Promulgating national educational Standards;
4. Monitoring and assessing national learning outcomes;
5. Undertaking national educational research and studies;
6. Enhancing the employment status, professional competence, welfare and working conditions of all personnel of the Department; and
7. Enhancing the total development of learners through local and national programs and/or projects.
Section 14. Organization. The Department is organized into two (2) major structural components, namely: the Central Office and the Field Offices.
Section 15. The Central Office. Is composed of the Office of the Secretary, Service Offices, Bureaus and Centers.
Section 16. Major Services. The major services of DepEd Central Office are the following;
1. Administrative – It shall be responsible for providing services related to, supplies and equipment and shall take charge of collection and disbursement of funds, security and custodial work.
2. Financial Management – shall provide and/or assist budgetary, financial, and management matters.
3. Human Resource Development – shall develop and administer a personnel program which shall include: selection and placement; classification and pay, career development, performance evaluation, employee relation and welfare. It shall also act on matters concerning attendance, leaves, appointments promotions and other personnel transactions; and shall develop and implement an integrated plan for staff development of personnel in the central and the field offices.
4. Planning – shall develop annual, short-term, medium-term and long-term plans of the Department in accordance with the Department’s objectives and goals.
5. Legal – It shall exercise the following functions:
■ provide legal advice to the Secretary, Undersecretaries/Assistant Secretaries and Chief of Bureaus/Centers/Services/Divisions of the Department;
■ interpret laws and rules affecting the operation of the Department;
■ prepare and review contracts/MOAs and instruments to which the Department or any of its bureaus, agencies or offices is a party and interpret provisions therein;
■ prepare action/indorsement on complaints, letters, communications, etc. assigned to it by law and rules or by the Secretary;
■ prosecute and investigate administrative cases/complaints filed against employees of the Department and prepare report/decisions thereon;
■ review decisions/resolutions on appealed cases to the Department and prepare decision/resolution thereon;
■ prepare legal opinions for the Secretary and issue clearances/certificates of no pending administrative cases/charges;
■ prepare resolution on petition for correction of name/date/place of birth in school records;
■ determine and designate next of kin of deceased DepEd employees/teachers of unpaid wages, salaries, and accumulated leaves and retirement benefits;
■ prepare action on Articles of Incorporation and By-Laws of private educational institutions and request for tax exemption and duty – free importation of educational materials, equipment, etc.;
■ assist the Solicitor General in representing the Department or its official in court litigations and pass upon claims for benefits under Section 699, Revised Administrative code, as amended by P.D. 626; and
■ perform such other functions as may be provided/authorized by law, rules and regulations.
Section 17. Bureaus of the Department. The Bureaus of the Department comprise of the following;
1. Bureau of Elementary Education shall perform the following functions:
a. Conduct studies and formulate, develop, and evaluate programs
and educational standards for elementary education including
b. Undertake studies necessary for the preparation of prototype
curricular designs, instructional materials, and teacher training
programs for elementary education including preschool; and
c. Formulate guidelines to improve pre-elementary and elementary
school physical plants and equipment, and general management of
2. Bureau of Secondary Education shall perform the following functions:
a. Conduct studies and formulate, develop and evaluate programs
and educational standards for secondary education;
b. Develop curricular designs, prepare instructional materials, and
prepare and evaluate programs to update the quality of the
teaching and non-teaching staff at the secondary level;
c. Formulate guidelines to improve the secondary school physical
plants and equipment, and general management of these schools.
3. Bureau of Alternative Learning System (BALS) shall perform the
a. Address the learning needs of the marginalized groups of the population including the deprived, depressed and undeserved citizens;
h. Coordinate with various agencies for skills development to enhance and ensure continuing employability, efficiency, productivity, and competitiveness in the labor market;
c. Ensure the expansion of access to educational opportunities
for citizens of different interest, capabilities, demographic
characteristics and socio-economic origins and status; and
d. Promote certification and accreditation of alternative learning
programs both formal and informal in nature of basic
The Divisions in the BALS shall be as follows:
1. Literacy Division – shall be responsible for establishment of a more systematic, effective and efficient program implementation for the basic level alternative (nonformal and informal) education throughout the country. It shall provide for the development of a more appropriate curriculum, learning resources, and other related activities for the basic literacy needs, functional education, critical life skills and values development of out-of-school children (below 15), youth (15-24) and adults (above 24) nationwide.
2. Continuing Education Division – shall provide Out-of-School Youth and Adults continuing learning opportunities and experience after the acquisition of basic literacy. It shall be designed to improve a viable alternative to the existing formal education structure. It is intended to address the needs of the Out-of-School Youth and Adults who can not avail of formal schooling.
3. Staff Development Division – shall strengthen the institutional and staff capacities of the Bureau of Alternative Learning System (BALS) and field levels in designing, managing and evaluating Alternative Learning System (ALS) programs and projects.
Section 18. The Centers of the Department. The Centers of the Department each headed by a Director comprise of the following:
1. The National Education Testing and Research Center (NETRC) -The NETRC shall undertake educational research, evaluation and assessment to determine the effectiveness of the educational system.
2. School Health and Nutrition Center (SHNC) – The SHNC shall perform the following functions:
a. Plan, direct and coordinate the Integrated School Health and
b. Assist in the formulation and promulgation of rules and
regulations pertaining to health services in education;
c. Provide guidelines for the school feeding program; and
d. Establish inter/intra agency linkages to strengthen program
3. Educational Development Projects Implementing Task Force
(EDPITAF) EDPITAF shall perform the following functions:
a. Supervise and implement foreign-assisted development projects;
b. Implement other development projects as may be assigned by
4. National Science Testing Instrumentation Center (NSTIC) – The
NSTIC shall perform the following functions:
a. Develop prototype science teaching implement and materials
such as using indigenous materials and locally available
technology and adopted to approved curriculum user’s manual;
b. Develop and prescribe standards for science teaching equipment
c. Provide training programs for science teachers; and
d. Assist the private sectors in developing its capability to mass-
produce the prototype science teaching equipment developed by
5. Instructional Materials Council Secretariat (IMCS) – The IMCS shall
perform the following functions:
a. Formulate and adopt policies, guidelines and priorities for the
development and production of textbooks, supplementary and
reference books, and other instructional materials for use in
public elementary and secondary schools consistent with the
curricula, courses of study and relevant policies established by
b. Adopt criteria and standards for the fair and objective evaluation
of textbook manuscripts and other instructional materials
submitted for its review and consideration and for the
procurement of these materials.
National Educators Academy of the Philippines (NEAP) – NEAP shall perform the following functions:
a. Formulate policies, standards and guidelines relevant to human
resources development thrust;
b. Develop continuing human resource development programs for
school managers, potential educational leaders and teachers;
c. Promote synergic partnership and linkage with center of
excellence, local and international, from both government and
d. Provide continuing assessment and evaluation mechanism to
insure quality training and development; and
e. Strengthen the capacity of the network of educational learning
centers through a systematic exchange and delivery of
Section 19. DepEd Field Offices. They consist of Regional Offices, Division Offices and Public Schools.
19.1. Regional Office – it is composed of provincial and city schools division and it has a Director, an Assistant Director and an office for programs, promotion and support, planning, administrative and fiscal services. DepEd Regional Office are as follows:
Region I – San Fernando City, La Union. It is composed of (13) divisions.
1. Pangasinan I
2. Laoag City
3. Ilocos Norte
4. Ilocos Sur
5. Pangasinan II
6. San Carlos City
7. Urdaneta City
8. La Union
9. Vigan City
10. Alaminos City
11. Candon City
12. San Fernando City
13. Dagupan City
Region II – Tuguegarao City, Cagayan. It is composed of (8) divisions.
5. Nueva Vizcaya
6. Tuguegarao City
7. Cauayan City
8. Santiago City
Region III – San Fernando City, Pampanga. It is composed of (17) divisions.
1. Nueva Ecija
2. Tarlac City
4. San Jose del Monte City
6. Cabanatuan City
8. Balanga City
9. Olongapo City
10. Angeles City
12. Muhoz Science City
13. Malolos City
14. Gapan City
17. San Fernando City
Region IV-A – Karangalan Elementary School, Karangalan Village, Cainta, Rizal. It is composed of (14) divisions.
2. Cavite City
5. Lucena City
6. Lipa City
8. Antipolo City
9. Sta. Rosa City
11. Batangas Province
12. Batangas City
13. Tanauan City
14. San Pablo City
Region IV-B – Meralco Ave., Cor. St. Paul Road, Pasig City. It is composed of (7) divisions.
3. Oriental Mindoro
4. Occidental Mindoro
5. Puerto Princesa City
7. Calapan City
Region V – Rawis, Legaspi City. It is composed of (13) divisions.
1. Legaspi City
Region VI – lloilo City. It is composed of (18) divisions.
||La Carlota City
||San Carlos City
Region VII – Lahug, Cebu City. It is composed of (19) divisions.
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
4. Tacloban City
6. Southern 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
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
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.
||Agusan del Norte
||Agusan del Sur
||Surigao del Norte
||Surigao del Sur
National Capital Region – Misamis St. Bago Bantay, Quezon City. It is composed of (16) divisions.
1. Marikina City
3. Caloocan City
4. Valenzuela City
5. Muntinlupa City
6. Pasay City
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.
3. Baguio City
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
6. Sulu I
7. Sulu II
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.
N. LIBRARY AND TEXTBOOKS
Section 166. School Library. Every school shall have a library which shall vary in extent depending on the size of enrollment and which shall be established and maintained for each educational level and/ or program and, administered by an educationally qualified and professionally trained librarian with provision for such number of assistants as may be necessary for the effective use of the library and its available resources.
Section 167. Library Property. All books in the school library shall be correspondingly stamped with the approved name of the school and properly accessioned according to any of the generally accepted or recognized systems on library management.
Section 168. Library Holdings or Collection. The library holdings or collection and materials should be related to the educational courses being offered in the school and the corresponding enrollment. The content of the school library should be adequate in terms of quality relative to such factors as breadth of coverage and representativeness of authorship in the various disciplines, and quantity which refers to the number book holding and reference materials which should be in proportion to the enrollment and needs of the pupils or students and the academic teaching and non teaching staff.
Section 169. Open Shelf System. The open shelf system is encouraged to afford pupils and students greater access to the collection of books and materials. Appropriate library facilities shall be provided and maintained for students engaged in research activities.
Section 170. Library Requirements. Each school shall provide for the requirements of the school library viz;
a. for Elementary Education
(1) An adequate number of reference materials for basic learning areas, particularly English, Pilipino, Mathematics, Sibika at Kultura, Kasaysayan/Heograpiya, Science and Health.
(2) An adequate number of general reference book, including sets of children’s encyclopedia, dictionaries, atlases and almanacs.
(3) An adequate number of sets of supplementary readers in Filipino and English for each Grade and in the vernacular for Grade II and the upper grades.
(4) Subscriptions to newspapers, periodicals, magazines, and pamphlets in English, Filipino and in the vernacular.
(5) Audio-Visual equipment. Materials and facilities, such as projectors, tape, cassette recorders, films slides, records, TV sets, and visual aids such as charts, maps and globes.
(6) Professional books of recent edition in the different subject areas for teachers’ references and subscriptions to professional magazines and journals.
(7) Basic library furniture and fixtures such as reading/working/ tables, chairs, card catalogs, vertical files, single and double-faced book shelves, open shelves shelf list cabinets, newspaper and magazine display racks, storage cabinets, charging desks, dictionary and atlas stands.
b. For Secondary Education
(1) Adequate reference materials including sets of general subject encyclopedia, dictionaries (English, English – Filipino, Dialects), atlas, almanacs, fiction (30%), non – fiction (70%), books of general interest, biography books, cyclopedia, yearbook, manuals, handbooks.
(2) Supplementary reading materials for each curriculum year.
(a) First Year – one set of silent readers and one set of supplementary readers consisting of twenty-six (26) copies per set of English and Filipino. Other subject areas should have at least four (4) supplementary, reading materials.
(b) Second year – Two (2) sets of supplementary readers consisting of twenty-sic (26) copies per set of English and Filipino. Other subject area should have at least four (4) supplementary reading material.
(c) Third year and Fourth year – one (1) set of a collection of short stories of twenty six (26) copes per set for English and Filipino. The other subject areas should have at least four (4) supplementary reading materials.
(3) An adequate number of subscriptions to newspapers, magazines and periodicals in English and in Filipino appropriate for the curriculum year.
(4) An adequate number of professional books of recent edition and subscription to professional magazines and journals in each subject area for teachers’ references.
(5) Initial collection of 4,000 for an enrollment of 500 or less.
(6) Audio-visual equipment and materials as information and learning tools, such as projector, TV sets, films, slides, tapes, records.
Section 171. Library Administration. The library of private secondary schools shall be administered by professionally trained full-time librarians. In small elementary and secondary schools, the library may be under the charge of a part-time librarian, subject to the approval of the Secretary or his duly authorized representative.
Section 172. Filipino-authored Books. Filipino-authored books and other curricular materials, if available, shall be adequately represented in private school libraries, which may be appropriately designated as Filipiniana section.
Section 173. Change of Textbooks; Limitations. As a general rule, all private schools shall not change their prescribed textbooks oftener than once every four years without the prior approval of the Secretary. In allowing change of textbooks before the prescribed period, the Secretary or his duly representative shall take into account, among others, the quality and reasonableness of the price as well as the pedagogical suitability of the books.
The school administration, subject to the provisions of existing laws and rules, may require its approval on the selection and adoption by any teaching personnel of textbooks for use in classroom instruction.
The sale of textbooks or other classroom materials by any school personnel to students, without the approval of the school head, shall be allowed and subject to the rules and regulations of the school.
Section 51. Governing Body. Every private school shall have a governing board which shall exercise general supervision, have exclusive control and direction of all funds, prescribe policies, make rules and regulations and establish practices consistent with law for the governance and direction of the school.
Trustees of educational institutions organized as non-stock corporations shall not be less than five (5) nor more than fifteen (15). For institutions organized as stock corporations, the number and term of directors shall be governed by the provisions of the Corporation Code on stock corporations.
The control and administration of educational institutions shall be vested in
citizens of the Philippines. Trustees or directors of educational institutions shall
possess at least a bachelor’s degree.
Section 52. Rights of School Administrator. Subject to the limitation prescribed by law and the policies and regulations of the school’s governing board, the rights of the administrator of a private school shall be:
a. To plan, organize, and implement school policies and strategies of action
as may be necessary to carry out the objectives of the school;
b. To implement the development program of the school based on the
budgetary provisions approved by the governing board.
c. To exercise administrative jurisdiction over the school and its operations
in order to maintain peace and harmony in the realization of its approved
d. To determine whom to admit as students, based on fair, reasonable and
equitable admission and academic requirements, whom to appoint as
school personnel, what to teach, subject to the condition that the core
curriculum issued by DepEd shall be complied with and what instructional
materials and facilities to provide;
e. To adopt and enforce such measures, rules and standards as may be
necessary to maintain discipline among students, teaching and other
personnel of the school subject to reasonable regulations and supervision
of the Secretary or his duly authorized representative; and
f. To avail of the assistance of subordinate officials or personnel in the
implementation of the school management policies.
Section 53. Duties and Accountabilities of School Administrator. Subject to the limitations prescribed by law and policies and regulations of the school’s governing board, the duties and accountabilities of the administrator of a private school shall be:
a. To respect the authority of the school’s governing board as well as the
rights of the other members of the school community;
b. To plan, organize, and implement policies and strategies of action so that
each component unit of the school can direct its efforts toward the
attainment of its approved objectives;
c. To implement the policies and decisions of the school’s governing board
for the orderly, efficient, and effective management of the school;
d. To provide a healthy and wholesome school environment conducive to
e. To exercise the due diligence expected of a good father of a family in the
management of the school so as to prevent any damage or injury to life or
property inside or outside the school campus; and
f. To see to the financial viability of the school and to cause payment of its obligations when they become due.
Section 54. Chief Executive Officer. The person charged with the overall administration and management of each private school shall be known as President, Rector, Director or Principal or such other title as may be provided for in the organization thereof. As chief executive officer of the school, the President, Rector, or Principal shall be recognized as the school heads in relation to the Secretary or his duly authorized representative.
Section 55. Qualifications of the School Head. The school head, including his assistants, if any, shall possess such appropriate educational qualifications as may be prescribed by the Secretary and shall have adequate experience in school administration or management, or equivalent, at the time of his appointment.
The school head must (1) be a Filipino citizen, (2) possess at least a master’s degree or a professional license requiring at least a bachelor’s degree; (3) have adequate teaching experience, managerial competence and technical expertise in school management, or have a background of demonstrated service and competence in his previous field of endeavor, and (4) be of good moral character.
Section 56. Qualifications and Functions of the Principal. The principal in the elementary and secondary levels shall hold a master’s degree and should have at least five years of relevant teaching or of administrative experience.
The principal shall assist the school head in the attainment of the objectives of elementary or secondary education, and his functions and responsibilities explicitly stated by the schooj.
Section 57. Powers. In general, the school head shall have the responsibility of executing and implementing the policies and general plans laid down by the governing board of the private school and implementing the reasonable rules and regulations of the Department. The specific powers of the school head shall be defined in the by4aws of the school corporation. The authority of the school head shall be broad enough as to enable him to carry out successfully the development plan of the school, the policies of its governing board and the reasonable regulations of the Department.
Section 58. Term of Office and Conditions of Employment of School Head.
The term of office, compensation, benefits, and other conditions of employment of the school head of each private school, including his assistants, if any, shall be defined in and secured by a contract or appointment, which shall be the subject of agreement by and between the parties in consonance with law and the rules and standards of the school.
Unless exempted for certain valid reasons by the Secretary, the school head or his assistants, if any, shall serve on a full-time capacity.
Section 59. Qualifications of School Supervisory Official. A personnel of private schools assigned with supervisory instructional functions in the different levels of instruction shall have the following minimum qualifications which shall be duly supported by valid credentials:
1. Principal of kindergarten, elementary school – master of arts in education, or equivalent, with three years of successful teaching experience in the elementary grades or equivalent; and
2. Principal of secondary schools – Master of Arts in education, or equivalent, with three years of successful teaching experience in the high school or equivalent.
3. School personnel charged with supervisory academic functions in vocational/technical schools or courses shall possess appropriate educational qualifications as may be prescribed and at least one year of successful experience in the work regularly assigned to them.
The Secretary shall issue through regulation the guidelines on equivalencies of qualifications of school supervisory personnel, based on pertinent experience and number of curricular years for the completion of each course, among others.
Section 60. Conditions of Employment of a School Supervisory Official.-
The terms of office, functions, responsibilities, compensations, benefits, and other conditions of employment of school supervisory officials in each private school shall be defined in and secured by their appointments or contracts which shall be the subject of agreement by and between the parties in consonance with law, or the school rules and regulations.
Section 61. Qualifications and Functions of the Registrar. The registrar shall hold a bachelor’s degree and have at least three (3) years of training or experience in the servicing and maintenance of student academic records and related school work.
The Registrar shall be responsible for the school records of pupils and students, and his functions and responsibilities explicitly stated by the school. Unless otherwise indicated by the school, the Registrar shall be the principal contact person of the Department.
Every private school shall preserve and maintain the integrity and confidentiality of its pupils/students records. The issuance of pupils/students records shall be done by the Registrar in accordance with law and the regulations contained in this Manual.
/. RETIREMENT AND OTHER BENEFITS
Section 103. Careerism in School Employment. Every private school shall have a retirement plan for its school personnel under permanent status in accordance with such regulations as may be issued by the Secretary, in order to foster and enhance their career prospects in the system. Retirement benefits for part-time school personnel may likewise be provided for in accordance with the policies and rules of the schools.
Section 104. Retirement Benefits. Any school personnel may be retrred upon reaching the retirement age established in the rules and policies, collective bargaining agreement, or other applicable employment contract in each private school. In case of retirement, the school personnel shall be entitled to receive such benefits as he may have earned under existing laws or school rules and policies, or applicable collective bargaining or other agreements.
Section 105. Study Leave. Any school teaching personnel may be granted a study leave for such period as may be necessary to enhance his professional qualification, and the period availed of shall be counted for seniority and retirement purposes, subject to the rules and policies of the private school.
Section 106. Other Benefits. All school personnel shall be entitled to such other benefits provided for by law, in addition to those that may be authorized under the rules and policies of the private school.