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.
transfer of
authority
public schools

Policy targets for school organization

  • For cost efficiency, the establishment of integrated schools is encouraged instead of annexes or extension classes.
  • The Department encourages an institutional pattern where there shall be an elementary school in every barangay.
  • The Department encourages an institutional pattern where there shall be a high school in every municipality.
  • The order promotes immediate dissemination to ensure operational guidance for school changes.

General procedural flow for applications

  • All requests and applications for establishment of new schools, separation of annexes, integration and conversion, and renaming of schools must be submitted to the Schools Division/City Superintendent (SD/CS) for evaluation.
  • The Division Review and Evaluation Committee (DREC) of the Schools Division evaluates and reviews the application and supporting documents in accordance with the order.
  • The DREC is headed by the SD/CS, is co-chaired by the ASDS, and has as members one (1) Education Supervisor I and the Division Administrative Officer.
  • If requirements are satisfied, the SD/CS indorses the application for approval to the Office of the Regional Director (Attn: Assistant Regional Director).
  • The Inspectorate Team (I-Team) created by the Regional Director reviews and validates the documents and conducts an ocular inspection and/or interview with local stakeholders to establish the real and urgent need for the school and to validate the inspection report.
  • The Assistant Regional Director chairs the I-Team, with the Chief of the Elementary/Secondary Education Division as co-chair, and with members being two (2) Education Supervisor II.
  • When required standards are met, the Regional Director issues the approval, copy furnished the Office of the Secretary, the Office of the Planning Service - Research and Statistics Division, the Financial Management Service, and the relevant bureau for elementary or secondary schools.
  • If action is withheld pending compliance with requirements, the I-Team returns the request to the Division Office for appropriate action.

Establishment of new public schools

  • The school head must conduct a feasibility study to justify the establishment of the school.
  • The feasibility study must include:
    • a map showing elementary schools within the service area of the proposed secondary school;
    • a list of the names, addresses, and enrollment of public and private schools in the municipality;
    • a list of the 100 prospective enrollees for the first curriculum grade/year, with exceptions:
      • in schoolless barangays, a minimum enrollment of 60 pupils suffices;
      • in multigrade schools, a minimum of 15 is allowed;
      • for special education centers, a minimum of three (3) types of children should warrant, as justified by the Schools Division Superintendent, otherwise pupils shall be encouraged to enroll in the nearest school;
    • a school site plan with technical specifications; and
    • certification that the proposed school is not within the 2 km radius of any existing public/private school, subject to a waiver when nearby existing public and private schools cannot accommodate students seeking admission or charge fees parents cannot afford.
  • The feasibility study must also include availability of student places in private schools participating in GASTPE, and enrollment there must be encouraged instead of establishing a new school, except when no existing public secondary school exists in the place.
  • The application must include a certification on availability of a school site of at least one (1) hectare, documented as DepEd property through a title or Deed of Donation or a contract of usufruct in favor of DepEd.
  • The one (1) hectare requirement may be reduced, with strong justification, to one half (1/2) hectare in urban or city divisions.
  • The application must include a Memorandum of Agreement (MOA) between DepEd (represented by the Schools Division/City Superintendent (SD/SC)) and the Local Government Unit (LGU) (represented by the Municipal Mayor or the Provincial Governor, as the case may be), including the following provisions:
    • the LGU shall provide funds for operation and maintenance of the new school for at least five (5) years or until national budget incorporation;
    • the LGU shall fund construction of new school building(s) and facilities and provide new classrooms with furniture, equipment, and textbooks;
    • teachers funded by the LGU shall be paid at rates equal to those of nationally paid teachers or rates approved by the Local School Board; and
    • the school head must submit a status report to the Regional Office through the School Division Superintendent at the end of each year.
  • The MOA must be part of the supporting documents submitted to the Regional Director.
  • In the fourth year of implementation, the school’s budget must be processed for integration into the regional/national budget and then into the General Appropriations Act (GAA).
  • A status report and the legal basis of the establishment must be submitted to the Financial Management Service of the Central Office as supporting documents for the application of the school for integration into the GAA.

Separation of school annexes

  • The mother/main school (represented by the School Principal) and the annex (represented by the Teacher-in-Charge (TIC)) must enter into a Memorandum of Agreement (MOA) transferring responsibility and accountability for all existing resources (including budget, teachers, and facilities) from the mother school to the annex, while requiring continued support from the mother school until the annex’s funding requirement is integrated in the GAA.
  • A copy of the MOA must be submitted to the Regional Office of the Department of Budget and Management for information and appropriate action.
  • The annex separation application must be supported by documents including:
    • the Secretary’s approval of its establishment as an annex;
    • the MOA between the mother school and the annex;
    • the title of the school site or Deed of Donation in favor of DepEd;
    • a copy of the annex’s budget from the mother school;
    • an inventory of facilities, furniture, equipment, and textbooks in all subject areas; and
    • the plantilla of personnel, including the proposal for Principal I and additional teachers and support personnel.
  • Documentary requirements stipulated in DECS Order No. 84, s. 1996 (Guidelines for the Separation of Public Secondary Annexes) must be complied with.

Integration and renaming rules

  • The integration of public elementary and secondary schools is governed by DECS Order No. 91, s. 1999 (Guidelines on the Establishment and Operation of Integrated Schools).
  • In addition, the order enforces Items 1.2 to 1.4 of its own establishment requirements for applications for integration of schools.
  • Schools must be renamed in accordance with DECS Memorandum No. 386, s. 1999 (Renaming of Schools).

Rescission, consistency, and dissemination

  • All prior issuances on the establishment, separation of annexes, integration, and conversion of schools that are inconsistent with DepEd Order No. 71, s. 2003 are rescinded.
  • The Department issues a directive for immediate dissemination of the order to ensure implementation through the described procedures.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms