DO 41, s. 1991 – Grace Period for Schools Operating and/or Offering Programs Without Government Authority

April 24, 1991
DO 41, s. 1991
Grace Period for Schools Operating and/or Offering Programs Without Government Authority
To:    Bureau Directors
Regional Directors
Heads of Private Schools, Colleges and Universities
Vocational School Superintendents/administrators
1.   In response to the clamor of private schools, colleges and universities for a chance to comply with existing laws, rules and regulations on the establishment, operation, and maintenance of educational institutions, and to be able to meet at least the minimum requirement set forth under existing policies and standards for each of the various educational fields, all such educational institutions are given a grace period of sixty (60) days, from May 1 to June 30, 1991 to report infractions to the DECS regional office having jurisdiction over their respective schools. Educational institutions that have already been found violating DECS rules and regulations shall not be qualified to avail themselves of this grace period.
2.   The infractions mentioned herein include the following:
a.   Schools operating without juridical personality in violation of Section 25. Batas Pambansa Blg. 232, i.e., not duly registered with the Securities and Exchange Commission.
b.   Schools operating courses/programs whose applications for government authority are still pending with the Central or the regional Offices of DECS.
c.   Schools operating additional majors of recognized Courses without authority from the DECS
d.   Schools operating courses/programs without having filed any application for government authority to operate such courses/programs.
e.   Schools operating courses/programs whose applications for government authority have already been denied/disapproved by the DECS.
3.   Depending upon the prevailing circumstances, the following measures/actions shall be taken:
a.   Schools operating without legal/juridical personality shall within this grace period, be allowed to file their applications for registration/in cooperation.
b.   In the case of the second and third infractions, application for government authority shall immediately be processed by the office concerned and the necessary government authority shall be issued upon proof of compliance of DECS rules and regulations and policies and standards.
c.   In the case of the fourth inflation, applications for government authority may be submitted to the DECS regional offices, however, schools falling under 3 b shall be given priority in the processing of application.
d.   In the case of the fifth infraction schools affected shall cease to operate such courses/programs.
4.   As provided under existing DECS rules and regulations, an application/inspection fee of P520.00 shall be charged for the processing of applications for authority to operate courses/programs. In addition, a surcharge of P1,000.00 per year for each program, but not exceeding a rate of P1,000.00, shall be collected as penalty for opening and/or offering a program/course without the necessary permit.
5.   Students who may be adversely affected by the cessation of the operation or courses/programs of those schools falling under the infractions mentioned in paragraph: 1 to 2 and 3  to above shall be given credit for courses taken and passed. They shall further be assisted by this Department, through the regional unless it affecting their transfer to other educational institutions with recognized courses/programs, if they desire, provided that the school head should have certified to the availment of the grace period provided hereby.
6.   Students who still continue to enroll in schools/programs without government authority shall be held equally responsible for such violation and, therefore, no credits shall be given for the courses taken and DECS shall no longer facilitate transfer to other schools.
7.   Government authority to operate courses duly approved, either on a permit or recognition status, shall upon the effectivity of this Order, be posted in conspicuous places within the school campus. School advertisements on course/program offerings should necessarily include information on the number and rate of issuance of government permit/recognition. A fine of P300.00 shall be imposed on schools violation his provision.
8.   Schools whish shall be found violating the provisions of Batas Pambansa Blg. 232, and the existing rules and regulations, policies and standards on the establishment, operation and maintenance of educational institution after the grace period set herein shall be deal with the full measure of administrative civil and criminal sanctions.
9.   This Order shall serve as a transition guideline to DECS Order No. 12, s. 1991, entitled Revised Guidelines on Programs, and shall be take effect immediately.
10.   For immediate compliance.
                                                                                 (SDG.) ISIDRO D. CARINO
DECS Order: No. 12, s. 1991


Allotment: 1-3-4—(M.O. 1-87)


To be indicated in the Perpetual Index
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