For Complaints against Private Schools, reference is made to DepEd Order No. 88, s. 2010, as amended by DepEd Order No. 11, s. 2011.
Refer formal complaints before the Office of the Regional Director exercising jurisdiction over the school concerned.
June 24, 2010
DepEd Order No. 88, s. 2010
TABLE OF CONTENTS
2010 REVISED MANUAL OF REGULATIONS FOR PRIVATE SCHOOLS IN BASIC EDUCATION
Directors of Services, Centers and Heads of Units
Schools Division/City Superintendents
Heads, Private Elementary and Secondary Schools
All Others Concerned
1. This Department hereby issues the enclosed “2010 Revised Manual of Regulations for Private Schools in Basic Education” (2010 Revised Manual for brevity) for the guidance and compliance of all concerned stakeholders in basic private education.
2. Any part or provision of the enclosed 2010 Revised Manual, which may be held invalid or declared unconstitutional, shall not affect the effectivity and efficiency of operation and implementation of the remaining parts or provision thereof.
3. Any existing Department Circulars, Orders, Memoranda, such as the 1992 Revised Manual of Regulations for Private Schools (8th Edition) issued as DECS Order No. 92, s. 1992 dated August 10, 1992, or any part thereof which are contrary to or inconsistent with any provision of the enclosed 2010 Revised Manual shall be deemed repealed or modified accordingly.
4. The enclosed 2010 Revised Manual of Regulations for Private Schools in Basic Education shall take effect beginning School Year 2010-2011.
5. Immediate dissemination of and strict compliance with this Order is hereby directed.
MONA D. VALISNO
(Enclosure to DepEd Order No. 88, s. 2010)
2010 REVISED MANUAL OF REGULATIONS FOR PRIVATE SCHOOLS IN BASIC EDUCATION
I. GENERAL PROVISIONS
Section 1. Title. This Manual shall be known as the 2010 Revised Manual of Regulations For Private Schools In Basic Education.
Section 2. Coverage. This Manual shall apply to all private educational institutions in basic education except as otherwise provided herein.
Section 3. Minimum Standards or Criteria. The standards or criteria provided in this Manual are the minimum required for government recognition, and schools may adopt higher standards or criteria consistent with laws, rules and regulations.
Section 4. Fundamental State Policies on Education. The following are the fundamental state policies relevant to private schools in basic education:
1. Education For All (EFA). The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.
2. Complete Adequate and Integrated System of Education. The State shall establish, maintain and support a complete, adequate and integrated system of education relevant to the needs of the people and society.
3. Scholarship Grants, Student Loan Programs, Subsidies. The State shall establish and maintain a system of scholarship grants, student loan programs, subsidies and other incentives which shall be available to deserving students in both public and private schools especially to the underprivileged.
4. Alternative Learning Systems. The State shall encourage non-formal, informal, and indigenous learning systems as well as selflearning, independent, and out-of-school study programs particularly those that respond to community needs. The State shall provide adult citizens the disabled and out-of-school youth with training in civics, vocational efficiency and other skills.
5. Constitution as Part of Curricula. All educational institutions shall include the study of the Constitution as part of the curricula.
6. Inculcating Patriotism, Nationalism and Other Values. Educational institutions shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciations of the role of national heroes in the historical development of the country, teach the rights and duties of 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.
7. Complementary Roles of Public and Private Institutions in the Educational System. The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.
8. Ownership of Schools. All private schools other than those established by religious groups and mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens.
9. Control and Administration of Schools. The control and administration of educational institutions shall be vested in citizens of the Philippines.
10. Establishment of Schools for Aliens and Composition of Aliens in Enrollment. No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one third of the enrollment in any school. Said prohibitions do not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.
11. Exemption from Taxes and Duties. All revenues and assets of non-stock, non-profit educational institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties. Likewise, subject to conditions prescribed by law, all grants, endorsements, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax.
Proprietary educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions, subject to the limitations provided by law, including restrictions on dividends and provisions for reinvestment.
12. Educational Policies and Programs. The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.
13. Academic Freedom. Academic freedom shall be enjoyed in all institutions of higher learning.
14. Right to Choose a Profession. Every citizen has a right to select a profession or course of study, subject to fair, reasonable and equitable admission and academic requirements.
15. Right of Teachers to Professional Advancement. The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.
16. Highest Budgetary Priority. The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.
Section 5. Definition of Terms. Except as otherwise provided, the terms below shall be construed as follows:
a. “Government” includes the National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines, including government-owned or controlled corporations and their subsidiaries.
b. “Department” refers to the Department of Education.
c. “Secretary” refers to the Secretary of Education.
d. “Bureau of Elementary Education” refers to the Bureau which is functionally assigned to pre-school and elementary levels.
1. Bureau of Secondary Education” refers to the Bureau which is functionally assigned to the secondary level.
2. Bureau of Alternative Learning System” refers to the Bureau which is functionally assigned to the alternative learning system.
e. “Regional Office” refers to any of the regional offices of the Department which has jurisdiction over the school of institution concerned.
f. “School” means an educational institution, private or public, undertaking educational operations with an organized group of pupils or students pursuing defined studies at defined levels, receiving instructions from teachers, usually located in a building or group of buildings in a particular physical or cyber site recognized by the State and specifically intended for educational purposes.
1. Pre-School Course applies to any class below Grade I.
2. Primary Course applies to Grades I to IV inclusive.
3. Intermediate Course applies to Grades V to VI or VII inclusive
4. Secondary Course applies to First to Fourth Year of the High School Level.
g. “Private School” means a privately owned and managed institution for teaching and learning, established and authorized by the Department to operate certain educational programs in accordance with law and the prescribed policies and rules of the Department.
h. “Foreign or International School”, as distinguished from a Philippine private school, is one that is duly established and authorized in accordance with existing Philippine laws to operate certain educational programs which primarily and principally adhere to either universally accepted and recognized educational policies and standards or the unique differentially prescribed system of education of a particular country other than the Philippines.
1. “Integrated School” refers to a school that offers complete basic education in one school site and has unified instructional programs.
2. “Learning Center” may refer to a physical space to house learning resources and facilities, or it may be an area designated for convening a group of learners for the purpose of teaching. It is a venue for face-to-face learning activities and other opportunities for development and improvement of the people’s quality of life.
i. “Government Authority” means either a permit or recognition issued by the Department to a private school for the operation of a particular educational program.
j. “Educational Program” refers to a specific course of study in any of the basic education level, that is pre-school, elementary, secondary, special education and alternative learning system with core curriculum.
k. “Department Policies and Rules” refers to the minimum standards or guidelines issued or prescribed by the Department governing the establishment of a private school, the operation of its educational programs and activities, and the management of its affairs.
l. “School Policies and Rules” means the internal governance system of each private school, including its own prescribed standards, as defined and approved by its governing body in accordance with law, and the applicable policies and rules of the Department.
m. “Members of the Community” refers to the general membership of every private school established in accordance with law and duly authorized by the Department to operate certain educational programs or courses. The term includes, either singly or collectively, the following:
1. Pupil means a child who regularly attends classes in any grade of the elementary education level, including pre-school, under the supervision and tutelage of a teacher.
2. Student means any person who is regularly enrolled and engaged in formal education studies and attends classes at the secondary or higher education levels.
3. School Personnel means the persons, singly or collectively, working in a private school. They are classified as follows:
a. “School Head” refers to the chief executive officer of a private school.
b. “Other School Officials” include other school officers, including teachers who are occupying supervisory positions of responsibility and are involved in policy implementation in a private school.
c. “Academic Personnel” includes all school personnel who are formally engaged in actual teaching service or in research assignments, either on full-time or part-time basis, as well as those who possess certain prescribed academic functions directly supportive of teaching, such as registrars, librarians, guidance counselors, researchers, and other similar persons. They may include school officials responsible for academic matters, and other school officials.
d. “Non-academic personnel” means school personnel usually engaged in administrative functions who are not covered under the definition of academic personnel. They may include school officials.
n. “Formal Education” refers to the systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of elementary and secondary level of schooling. At the end of each level, the learners must obtain a certification in order to enter or advance to the next level.
o. “Non-formal education” refers to any organized systematic educational activity carried outside of the framework of the formal system to provide selected types of learning to a segment of the population.
p. “Special Education” refers to the education of persons who are physically, mentally, emotionally, socially or culturally different from so-called “normal” individuals, such that they require modification of school practices/services to develop them to their maximum capacity. Special education provides distinct services, facilities, curricula, and instructional materials, which are geared to pupils or students who are significantly higher or lower than the average or norm, on the basis of which special treatment is called for.
q. “Accreditation” means the process leading to the issuance of a certificate of accredited status by an organized body of educational institutions attesting to the quality or standards of a private school or to any of its educational programs or courses, and to the effectiveness of the management and operations of the private school offering the program as exceeding the minimum standards or criteria for government recognition as provided for in this Manual. Accreditation shall be voluntary in nature.
r. “Deregulation” is a necessary consequence of voluntary accredited status whereby the Department accords to a private school certain benefits and advantages as may be provided for in this Manual and in applicable legislation. As used in this Manual, deregulation is not considered as absolute, but represents degrees in the liberalization of rules and regulations.
II. BASIC EDUCATION
Section 6. Coverage.
6.1. Basic Education encompasses early childhood, elementary and high school education as well as alternative learning systems for out-of-school youth and adult learners and includes education for those with special needs.
6.2. Basic Education shall have five (5) main programs, namely: preschool, elementary, secondary, special needs education and alternative learning systems.
6.3. Elementary education programs shall cover at least Grades I to VI; secondary education programs from First year to Fourth year or a total of ten (10) school years in the formal school system. Pre-school shall not be a prerequisite for enrollment of a pupil to Grade I.
6.4. To ensure proper implementation of the Education For All (EFA) policy of the government, alternative learning systems shall provide for the training needs of out-of-school youths and adults, 15 years old and above.
Section 7. Administration. The administration of the educational system and the reasonable supervision and regulation of all educational institutions shall be vested in the Department without prejudice, however, to the charter of any state university or college.
Section 8. Levels in Basic Education. Formal education shall correspond to the following levels in basic education:
a. The first level or Elementary Education involves compulsory, formal education primarily concerned with providing basic education, and usually corresponds to a traditional six or seven grade, and in addition, pre-school programs. Such pre-school education normally consists of kindergarten schooling, but may cover other preparatory courses as well.
b. The second level or Secondary Education is concerned primarily with continuing basic education of the elementary level and expanding it to include the learning of employable gainful skills, usually corresponding to four years of high school.