Title
DepEd Authority Transfer on School Changes
Law
Deped Order No. 71, S. 2003
Decision Date
Aug 27, 2003
The Department of Education delegates authority to Regional Offices for the approval of establishing, separating, integrating, converting, and renaming public elementary and secondary schools, streamlining processes to enhance educational accessibility and efficiency.

Questions (DEPED ORDER NO. 71, S. 2003)

It transfers the delegated authority from the Office of the Secretary to the Regional Offices regarding approval of: (a) establishment of public elementary and secondary schools, (b) separation of annexes, (c) integration, (d) conversion, and (e) renaming of public elementary and secondary schools.

Rule III, Section 3.2 (13) of R.A. No. 9155 (Governance of Basic Education Act of 2001).

The Schools Division/City Superintendent (SD/CS) or equivalent division/city school superintendent.

The DREC reviews and evaluates the application and supporting documents. The SD/CS heads the DREC, co-chaired by ASDS, with members: one (1) Education Supervisor I and the Division Administrative Officer.

The SD/CS indorses the application for approval to the Office of the Regional Director (Attn: Assistant Regional Director).

It is created by the Regional Director. It reviews and validates documents and conducts ocular inspection and/or interviews with local stakeholders to establish the real and urgent need for the school and validate the inspection report.

The Assistant Regional Director chairs the I-Team; the Chief of the Elementary/Secondary Education Division is co-chair; and two (2) Education Supervisor II are members.

The I-Team returns the request to the Division Office for appropriate action.

It must: (i) show on the map elementary schools within the service area of the proposed secondary school; (ii) list names, addresses, and enrollment of public and private schools in the municipality; (iii) list 100 prospective enrollees for the first curriculum grade/year (with special minimums for schoolless barangays, multigrade schools, and special education centers, and incentives to enroll in nearest school otherwise); (iv) include the school site plan with technical specifications; and (v) certify the school is not within the 2 km radius of any existing public/private school (unless waived when nearby schools cannot accommodate or cannot be afforded).

When nearby existing private and public schools cannot accommodate students seeking admission or when they charge fees parents cannot afford.

Enrollment in GASTPE participating private schools is encouraged rather than establishing new schools, except when there is no existing public secondary school in the place.

At least one (1) hectare of school site, documented as DepEd property via title, Deed of Donation, or contract of usufruct in favor of DepEd. In urban/city divisions, this may be lessened to one half (1/2) hectare with strong justification.

It ensures LGU support for operation/maintenance and construction/facilities, including commitments on funding teachers, and annual status reporting to the Regional Office through the School Division Superintendent.

The LGU provides funds for operation and maintenance for at least five (5) years (or until funds are incorporated in the national budget), funds construction of school buildings and facilities, and provides classrooms with furniture, equipment, and textbooks.

Teachers funded by the LGU must be paid at rates equal to nationally paid teachers or at rates approved by the Local School Board.

In the fourth year of implementation.

They execute an MOA transferring responsibility and accountability for existing resources (e.g., budget, teachers, facilities) from the mother school to the annex, with continued support from the mother school until annex funding is integrated into the GAA.

The application must include: (a) the Secretary’s approval of annex establishment; (b) the MOA between mother school and annex; and (c) title of school site or Deed of Donation in favor of DepEd (among others).


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