Legal basis under RA 7836 and RA 9293
- Republic Act No. 7836 authorizes the Board’s quasi-legislative authority under Section 6 (a).
- Republic Act No. 9293 amends Section 26, Article III of Republic Act No. 7836 by allowing para-teachers to be eligible for a special permit issued by the Board.
- Republic Act No. 9293 requires a two-year special permit that is renewable for a non-extendible period of two (2) years, for eligible para-teachers.
- Republic Act No. 9293 amends Section 31, Article IV of Republic Act No. 7836 by setting a transitory rule for earlier special permits and renewals.
Para-teacher permit coverage and assignment areas
- Para-teachers must be assigned to areas where there is shortage or absence of a professional teacher, as identified by the Department of Education and the Autonomous Region for Muslim Mindanao (ARMM) education department.
- The Board and the Commission issue special permits indicating the area of assignment of the para-teacher.
- The Board’s acceptance and issuance process depends on lists identifying shortage/absence areas that are provided through governmental channels.
Requirements on application acceptance (MOA with DepEd)
- The PRC Board for Professional Teachers (BPT/PRC) will not accept applications for issuance of temporary/special permit to para-teachers unless the Department of Education (DepEd) provides a list indicating shortage or absence of professional teachers in areas within its jurisdiction.
- The rule applies to applications processed under the issuance regime tied to the post-amendment provisions under Republic Act No. 7836 as amended by Republic Act No. 9293.
ARMM special-case permitting process
- For permits involving the Autonomous Region of Muslim Mindanao (ARMM), the Board may issue special/temporary permits based on ARMM-provided shortage/absence data.
- ARMM must provide a list identifying areas where there is shortage or absence of professional teachers.
- ARMM must officially communicate the list to the Board and the Commission through a Memorandum Circular.
- The Board and the Commission use the ARMM list as the basis to accept applications and issue special permits upon approval through a Board Resolution.
Fees for issuance and renewal
- The Office for the Professional Teachers requires payment of Two Hundred pesos (P200.00) per year from the applicant upon application for the special permit.
- The fee for the two-year validity period is Four Hundred pesos (P400.00) upon application for issuance.
- For renewal of the special permit for another two (2) years, the applicant must pay Four Hundred pesos (P400.00) upon application for renewal.
- Renewal fees are counted from the expiration date of the initial special permit.
Treatment of permits issued before RA 9293 effectivity
- Special/Temporary permits issued before the effectivity of Republic Act No. 9293 follow the transitory treatment tied to their specified validity periods under Republic Act No. 7836 as amended by Republic Act No. 9293.
Special/Temporary permits with three-year validity
- Special/Temporary permits for para-teachers issued by the Board and the Commission before the effectivity of Republic Act No. 9293 are valid within the period specified therein.
- Such permits may be renewed for a non-extendible period of two (2) years.
- The renewal and validity dates are counted from the date appearing on the Board Resolution approving the application for issuance, disregarding the date of payment of fees for the issuance of the special/temporary permit.
Special/Temporary permits with five-year validity
- Special/Temporary permits for para-teachers with a five (5) years validity are valid within the period specified therein.
- Special/Temporary permits issued under the five (5) years validity period can no longer be renewed pursuant to Republic Act No. 9293.
Dissemination and implementation steps
- The Resolution requires circulation and dissemination widely through the Department of Education and the Autonomous Region of Muslim Mindanao.
- The Board communicates the ARMM shortage/absence list and permitting approvals through the Board-Commission approval mechanism via Board Resolutions.
Effect of repeal, separability, and final provisions
- The Resolution provides that it becomes effective only after publication and the fifteen (15) days period following publication is completed.