QuestionsQuestions (Republic Act No. 6139)
RA 6139 declares the policy to regulate tuition and other fees charged by private schools in order to discourage the collection of exorbitant and unreasonable fees.
The Secretary of Education has authority to regulate tuition and/or other school fees charged by private schools, colleges, universities, and other educational institutions (including nurseries and kindergarten schools) within the limits and circumstances set forth in the Act.
At least 180 days before the school year, semester, or term when the increase will take effect, the institution must serve written notice on the student council, or on the Association of Parents/Parents-Teachers Association for schools below college/university level.
The notice must state: (1) current fees/charges and the amount of the increase; (2) the reason(s) for the proposed increase; (3) the semester term or school year when the increase takes effect; and (4) a statement that if no opposition is filed until the thirtieth day from posting, the increase becomes effective under the Act.
After notice is made, a formal opposition must be presented to the school administration within 30 days after receipt by at least a majority of the student governing body, or at least 20% of parents for schools below college/university level.
The increase is deemed authorized.
It is composed of representatives from school administration, student body, parents/parents-teachers association (for below college/university), faculty club/association, and the Director of Private Schools (as chairman). It negotiates/conciliates/settles cases and, if no settlement is reached, decides the case.
It may issue subpoenas to compel witness attendance, administer oaths, examine persons under oath, and require production of relevant books or papers.
It must decide at least 100 days before the opening of the school year, semester, or term in which the proposed increase is to take effect.
It must consider: objectives of schools under Article XIV, Section 5 of the Constitution; sufficiency of facilities; nature of courses/curriculum; standards maintained; volume of enrollment; sufficiency of faculty development program and emoluments; facilities and student conveniences; and others relative to the general cost, while allowing a maximum of 12% on net worth.
Unless required by extraordinary circumstances or events, no school may increase annual tuition fees by more than 15% of the fees collected in the preceding school year.
A party may appeal to the Secretary of Education within 15 days from receipt of the decision. The Secretary must act at least 60 days before the close of the school year preceding the year of application, after notice and an opportunity to be heard to interested parties.
The appeal stays the execution of the decision of the Local School Council on Fees.
For decreases, the institution must give notice at 90 days before the school year/term/semester. Notice must be sent to the student council or government (or Association of Parents/Parents-Teachers Association for below college/university). If no opposition is presented within 30 days after receipt, the decrease is authorized; if opposition is presented, the Director of Private Schools decides after giving opportunity to be heard, and that decision is final.
The 180-day period for notice of increase becomes 90 days; the 30-day period for opposition becomes 15 days; and the 100-day period for decision becomes 60 days. The Secretary’s decision should be promulgated at the earliest possible time.
All fees except tuition must be constituted into a trust fund spent for the specific purposes for which collected. Unexpended balances of each fee may be used to cover deficits in other fees within the fund. Unexpended balance at the end of every five years is constituted into a scholarship fund for poor but deserving students administered jointly by school administration, faculty, and student government.
No school administration shall hold any benefit performance, movies, concerts, dramatic presentations, games and/or shows of whatever kind or nature, whether for charity or otherwise.
Violation is punishable by a fine of PHP 2,000 or imprisonment of one year, or both, at the court’s discretion, imposed on the chairman/president/head if the educational institution is a corporation, or on the person acting for and in behalf of the institution directly committing the violation in other cases. If the violator is a public official, the same penalty applies without prejudice to administrative action.