Law Summary
Key Definitions
- Auditor: Authorized TESDA personnel conducting compliance audits.
- Compliance Audit: Verification to check continuous compliance with registration standards.
- Corrective Action: Immediate remedial steps to address non-compliances.
- Non-compliance/Non-conformity: Discrepancies between program standards and actual practice.
- TVET: Education involving technology studies and practical occupational skills.
- UTPRAS: Two-stage quality assurance system involving mandatory program registration and voluntary accreditation.
- Unregistered Program: Programs offered without UTPRAS registration.
Sanction Procedures for Offering Unregistered TVET Programs
- Institutions must apply for program registration at least six months before offering.
- Sanctions proceed in three steps:
- Written warning allowing explanation and compliance.
- Issuance and public posting of Notice of Unregistered Offering.
- Request to local Mayor for cancellation of Mayor's permit due to non-registration.
- Procedural safeguards include written notices, timelines for explanation (5 days), compliance (30 days), intent to conform, possible extensions (up to 10 working days), and coordination with local authorities.
Sanctions for Institutions Failing to Maintain Registration Standards
- Program registration requires compliance with corporate, curriculum, faculty, academic rules, and support services requirements.
- Compliance audits assess if registered programs continuously meet standards; non-conformities categorized as high-risk or low-risk.
- Sanctions for failure to comply involve:
- Possible extension granted upon meritorious explanation.
- Issuance of Notice of Cancellation of Registration.
- De-listing of programs and public notice.
- Request for cancellation of Mayor's permit.
- Sanction guidelines mandate scheduled or unscheduled audits, written agreement on corrective actions, categorization of non-compliances, and procedural timelines.
Categorization of Non-compliances
- High-risk non-compliance examples include invalid legal documents, expired fire safety certificates, inadequate curriculum delivery, missing or insufficient equipment, absence of qualified instructors, violation of entry requirements, lack of health or career services, and expired lease contracts.
- Low-risk non-compliance examples include failure to update tuition fees, changed staff qualifications not reported, and undocumented grading system.
Procedures for Handling Non-compliances
- Institutions failing rectification must submit a Letter of Explanation within 5 working days.
- Extensions depend on the merit of explanations; lack of explanation renders institution ineligible for extension.
- Cancellation process includes notice issuance, appeal rights for low-risk issues, and finality of high-risk findings.
- Appeals addressed within 30 working days; if no decision, appeal is upheld.
General Provisions
- Affected institutions must transfer students enrolled in unregistered or de-listed programs to registered institutions offering equivalent programs.
- Full refund of all fees (tuition, laboratory, miscellaneous) to affected students is mandatory.
- Sanctions do not preclude affected students or parents from pursuing legal action.
Effectivity
- Guidelines take effect 15 days after publication in a newspaper of general circulation.