Question & AnswerQ&A (Republic Act No. 6139)
The primary purpose is to regulate tuition and other fees charged by private schools to discourage the collection of exorbitant and unreasonable fees.
The Secretary of Education has the authority to regulate tuition and other school fees of private schools.
Private schools, colleges, universities, nurseries, and kindergarten schools as defined in Act Numbered 2706.
They must serve written notice at least 180 days before the increase takes effect to the student council or Association of Parents, send notice to the Director of Private Schools and post circulars about the proposal in conspicuous places within the school.
The notice must state the current fees and the amount of increase, the reason for the increase, when the increase will take effect, and a statement that if no opposition is filed within 30 days, the increase will be effective.
The Local School Council on Fees is convened to act on the controversy and settle the case through negotiation or decision.
It is composed of one representative from the school administration, two representatives from the student body, representatives from the Association of Parents or Parents-Teachers Association, one representative from the Faculty Club or Association, and the Director of Private Schools or authorized representative as chairman.
Annual tuition fee increases should not exceed 15% of the fees collected in the preceding school year unless extraordinary circumstances exist.
Yes, any party adversely affected may appeal to the Secretary of Education within 15 days from receipt of the decision.
The appeal stays the execution of the Local School Council on Fees' decision until the Secretary of Education promulgates a final decision.
A private educational institution must serve notice at least 90 days before the decrease takes effect to relevant parties and the Director of Private Schools, who then decides on any opposition after hearings; the Director's decision is final.
The notification and decision periods are shortened: 180 days to 90 days for notice, 30 days to 15 days for opposition filing, and 100 days to 60 days for the Local School Council's decision.
No, technical rules of procedure and evidence do not apply in these proceedings.
All fees except tuition must be constituted into a trust fund to be spent for the specific purposes collected, with unexpended balances used to cover deficits or form scholarship funds for deserving students every five years.
Violations are punishable by a fine of two thousand pesos, imprisonment up to one year, or both, imposed on responsible educational institution officers or persons acting on its behalf; public officials may also face administrative action.