[ DECS ORDER NO. 40, S. 2000, June 13, 2000 ]
IMPLEMENTING GUIDELINES FOR EDUCATIONAL SERVICE CONTRACTING (ESC) AND TUITION FEE SUPPLEMENT (TFS) FOR SY 2000-2001
2. The revised guidelines include, in brief, the following:
- acceptance of new participating schools shall depend on the availability of funds;
- dropouts may be replaced for SY 2000-2001 provided that the number of slots for ESC participating schools in SY 1999-2000 is maintained;
- increase of subsidy for ESC grantees from P1,700 to P2,500;
- increase of subsidy for TFS grantees from P290 to P500, and raising of tuition fee ceiling for schools participating in the TFS program from P2,500 to P3,500 inclusive of the subsidy for SY 1999-2000;
- designation of a signing officer in cases where the Regional Directors are not able to sign documents pertaining to the program;
- holding in escrow a school's entitlements to the program for the current school year and suspension of the school's participation in the program until dispute is settled in cases of dispute over ownership of a participating school;
- deadline on the submission of application and MOAs to DECS regional offices is due on August 31, 2000; and
- monitoring of the ESC/TFS programs sponsored by PAFE at least twice a year to determine the efficiency of program implementation.
3. All previous DECS rules and regulations and other issuances or parts thereof, which are inconsistent with this Order are hereby repealed or modified accordingly.
Adopted: 13 June 2000
(SGD.) ANDREW GONZALEZ, FSC
Secretary
Inclosure to DECS Order No. 40, s. 2000
ESC IMPLEMENTING GUIDELINES FOR SY 2000-2001
1. R.A. 8545 (amending R.A. 6728) otherwise known as the "Expanded Government Assistance to Students and Teachers in Private Education, stipulates that it is the declared policy of the State, in conformity with the mandate of the Constitution, to promote and make quality education accessible to all Filipino citizens. The State also hereby recognizes the complementary roles of public and private schools in the educational system especially the latter's invaluable contribution to education.
2. The Education Service Contracting (ESC) scheme which was formerly managed by the Department of Education, Culture and Sports (DECS) through the Bureau of Secondary Education shall be administered by the Fund for Assistance to Private Education (FAPE) this SY 2000-2001.
FEATURES OF THE PROGRAM
3. Pursuant to DECS Order No. 22, s. 1992, in Educational Service Contracting (ESC), the Government and a private school may enter into a contract for the purpose of accommodating student-grantees in the said private school. The government pays the tuition and other school fees of the grantees. The scheme may also be applicable in communities where only a private school is available to deliver education service; however, this shall be subject to the school meeting the prescribed requirements, the approval of the Regional Director and the availability of funds.
4. As agreed upon in the State Assistance Council (SAC) meeting held on March 7, 2000, ESC payment per student grantee shall be at the rate prescribed by the school for other students but not to exceed P2,500.
5. These guidelines on the management and implementation of the Educational Service Contracting (ESC) program for high school students are hereby promulgated for SY 2000-2001 and shall be enforceable and in effect unless otherwise changed, modified or repealed.
5a. Project Management
1) The State Assistance Council (SAC) shall be responsible for policy, guidance and direction, monitoring, evaluation and the promulgation of rules and regulations of GASTPE programs.
2) Implementation of these policies, rules and regulations as promulgated by the State Assistance Council (SAC) shall be the responsibility of FAPE.
The ESC Unit of FAPE shall (1) supervise, monitor and oversee the implementation of the ESC program in all participating private schools; (2) send written communication to Regional Project Committees (RPCs) on DECS guidelines and policies, through channels; (3) collect, collate and interpret pertinent data on ESC from the RPCs reports whenever needed; and (4) evaluate the ESC program implementation.
3) The ESC National Executive Committee is composed of the Secretary of Education, as Chair, an Undersecretary for Programs/Projects and Regional Operations, the Director of the Bureau of Secondary Education (DECS) and the President of the Fund for Assistance to Private Education (FAPE) as members.
4) The ESC National Secretariat is composed of the FAPE Director for Externally Funded Programs as Project Director, and Project Staff members designated by the President of FAPE.
5) The Regional Project Committee is composed of the DECS Regional Director as Chair, the Regional Chief of Secondary Education Division and the Regional COCOPEA Representative as co-chairs and a private school representative, as member.
The Unit (1) sets up the Division Project Committee (DPC) which shall handle ESC at the Division level; (2) supervises, monitors and oversees the implementation of ESC program at the regional level; (3) provides FAPE-GASTPE Implementing Unit with needed ESC data/reports; (4) disseminates relevant information on ESC implementing rules; (5) resolves issues/problems on ESC Program in the Region; and (6) submits duly certified periodic updated report to the ESC National Secretariat using the prescribed ESC Forms.
6) The Division Project Committee is composed of the Division Superintendent as Chair, a duly appointed Division ESC Coordinator and a COCOPEA as co-chairs.
The Unit (1) checks, reviews and processes ESC required documents presented by participating private schools; (2) monitors and confirms enrolment data; (3) prepares and submits to the RPC needed statistical data on ESC program; and (4) endorses to the RPC a duly certified list of ESC participating school indicating the number of grantees by year level and the total amount claimed (actual tuition and fees charged). This list should be duly certified by the Division Finance Office and Schools Division Superintendent.
5.b. Procedural Management
1. Selection of Schools - Any duly recognized private high school in the student's area of residence may participate in ESC. A school may be excluded from the ESC program when it does not comply with the ESC guidelines, has a high dropout rate and has congested classrooms and inadequate support facilities. When a school is excluded from further participation, the RPC shall make a report to the ESC National Secretariat at FAPE.
2. Selection of 1st Year ESC Grantees and Enrolment Procedure - The student applicant enrolls in the ESC participating private school of his/her choice in the area of his/her Region/Division on condition that the government shall pay the annual tuition and other school fees actually charged by the school up to maximum of P2500.
The student applicant presents his/her elementary report card to the private high school participating in the ESC program. He/she undergoes the normal admission procedure. Among ESC grantees, preference is given to applicants whose family income falls below poverty line as defined by NEDA (1997: P72,000 per annum).
3. Memorandum of Agreement - The private high school principal prepares the Memorandum of Agreement (MOA) and its supporting documents for review and processing by the Division Project Committee. The supporting documents to be submitted are as follows: (1) ESC Form 3 or the List of Selected Student Participants (LSSP); (2) Form 4 or List of Continuing Contract Students by Year Level (LCCSYL); (3) ESC Form 5 or Year-End Status Report (Submitted on the 15th of the following month after school closes); and (4) ESC Form 6 or Certification of Tuition Fees and Other Fees Charged, duly signed by the Regional Director.
The School must submit its MOA and complete supporting documents to the Division Project Committee on or before June 30, 2000, and every 30th day of June thereafter.
4. Conditions and Limitations of Student Participation - For SY 2000-2001, the DECS is adopting the quota system of allocating new ESC entrants to the existing participating schools which will be determined by the Regional Director based on the capability of the school in terms of physical facilities, number of teachers, etc.
Drop outs may be replaced for SY 2000-2001 provided that the number of slots for ESC participating schools in SY 1999-2000 is maintained. First year ESC applicants will enroll on a first-come-first-accepted basis upon presentation of their elementary report card to the high school principal.
Once the student is enrolled as an ESC grantee in a participating private school, he/she shall be considered as a bonafide student of said school and shall be subject to its rules and regulations.
ESC grantees must pass the minimum requirements that will qualify them for promotion to the next year level under DECS rules, otherwise, their privileges under ESC shall terminate.
In the event that the tuition and other school fees of a private school exceed the set ceiling of P2500, it may collect the balance from the ESC grantee provided that the student is notified of said arrangement and the consent of his/her parents is obtained.
In a municipality where there is no public school and the only educational service available is in private school, ESC may be extended to all students of said school subject to the availability of funds. However, priority shall be given to students who are residents of the community and who come from families whose income falls below the poverty line as defined by NEDA. For SY 2000-2001, acceptance of new participating schools shall depend on the availability of funds and subject to the approval of the National Executive Committee.
5. Policy on Drop-outs, Transferees and Refunds. In schools where an ESC grantee drops out or transfers within the year, the government through FAPE shall pay to the schools:
a. 10% of the subsidy if the ESC grantee drops out or transfers within the first week after the start of classes;
b. 20% of the subsidy if the ESC grantee drops out or transfers after the first week or within the second week after the start of classes, regardless of whether or not the student has actually attended classes (Section 66: Tuition Charges of the Manual of Regulations for Private Schools, 8th Edition, 1992);
c. 50% of the subsidy if the ESC grantee drops out or transfers after the second week or within the third week after the start of classes; and
d. 100% of subsidy if the ESC grantee drops out or transfers anytime after the third week of the start of classes.
The Directors/Administrators of ESC participating schools shall refund to the ESC National Secretariat at FAPE payments for grantees that drop out or transfer. The ESC participating schools should furnish the ESC National Secretariat, the official drop-out or transfer form of students duly certified under oath.
6. Processing of ESC Application and MOAs.
a. Regional Project Committee (RPC):
The participating schools submit the Memorandum of Agreement (MOA) together with the necessary forms and supporting documents to the Division Project Committee for review and verification. Thereafter, a summary report on the number of ESC grantees, by year level and the total amount claimed by each school, duly certified by the Division Finance Office and School Division Superintendent is submitted to the ESC/TFS National Secretariat, copy furnished the Regional Secondary Education Division.
The MOAs and application forms are forwarded to the RPC-FAPE Regional Coordinator for review and endorsement to the RPC DECS through the Chief of the Secondary Education Division (SED). The deadline for submission of applications and MOAs to DECS Regional Offices is August 31, 2000. The SED Chief makes sure that the DECS Regional Director signs the MOA and endorses the application to the ESC National Secretariat at FAPE in Makati City.
In case the DECS Regional Director is unavailable to sign the MOA, a designated DECS Officer (preferably the SED Chief) may sign on his/her behalf to facilitate the forwarding of the documents to the ESC/TFS National Secretariat for final review and processing.
In the processing of the applications and MOAs, the supporting documents must be reviewed, evaluated and checked as follows:
1. The first year student grantees are listed in ESC Form 3 (LSSP);
2. The continuing grantees are listed by year level on the ESC Form 4 (LCSYL).
3. Compare the current ESC grantee enrolment with that of the list in the ESC Form 5 or the year-end report. It must be ensured that the student is a continuing participant and no dropouts are included.
4. The tuition fees and other fees charged by the school indicated in the ESC Form 6 conform to that approved officially by DECS and is duly noted by the DECS Regional Director.
5. Verify the accuracy of computation in the billing section of the MOA to ascertain correctness of the contract amount.
b. ESC National Secretariat:
The ESC National Secretariat receives the MOAs from the RPC counterpart under a covering transmittal slip in duplicate, and acknowledges receipt.
The ESC National Secretariat records the MOAs by school within a division and region in a register with the following suggested column headings:
a. date
b. school name
c. school address
d. number of students
e. contract amount
f. date of 1st payment
g. check number and amount
h. date of 2nd payment
i. check number and amountThe ESC National Secretariat verifies the accuracy of computations in the billing section of the MOA to ascertain correctness of the contract amount; checks that the first year enrolment in the division/region is within the authorized slot allocated for the school year; reports to RPS any excess enrolment detected; and finally, arranges for the signing of the MOA by FAPE President and thereafter, for its notarization and distribution as follows:
Original and duplicate - FAPE (ESC National Secretariat with the attached List of Selected Student Participants (LSSP) and List of Contract Students by Year Level (LCSYL); 3rd copy - Private High School Principal; 4th copy RPC Secretariat; 5th copy - ESC National Secretariat/FAPE); and 6th copy - Notary Public's Office:
All requests for payment are processed by the ESC National Secretariat at FAPE.
5c. Payment of ESC Subsidy claim
Based on aforesaid register of MOAs, the ESC National Secretariat, issues payment requests to FAPE's Accounting Department for the first fifty percent (50%) of the contract amount, payable within 45 days after the receipt of the MOA, provided however, that the funds are released by DECS to FAPE.
Upon release of the check for payment to schools, the National Secretariat informs the DECSROs by post on the date of the release of payment amounts and check number. Upon the receipt of the full amount from DECS, the National Secretariat arranges for the payment of the balance of the contract amount due to schools in accordance with the MOA stipulations.
The check payment is issued in the name of the ESC participant school to be released to the official school representative as stipulated in the ESC MOA or its designated representative on ESC matters.
In cases of dispute over ownership of a participant school, the Regional Project Committee may recommend to the National Executive Committee through the ESC National Secretariat the holding in escrow of the ESC/TFS grant for the current year and the suspension of the school's participation in the program in the succeeding school year(s) until dispute is settled.
5d. Penalties
In case of any violation(s) of these guidelines such as 1) discrimination against the poor/disadvantaged ESC enrollees; 2) padding of enrolment register; and 3) adjustment in tuition fees charged to accommodate the tuition fee ceiling under ESC. DECS, upon recommendation of SAC, may ban the institution/s from participating in or benefitting from GASTPE programs and in other programs of the Department, without prejudice to administrative and criminal charges which may be filed against it and/or its responsible officers under existing laws.
OTHER RESPONSIBILITIES OF THE ESC NATIONAL SECRETARIAT
1. For each of the payments made to participating schools, take steps to obtain their official receipts (ORs) if the ORs are not received 30 days after the release of the check payments.
2. Perform random checks at the division level with the DPCs to verify the validity of the ESC grantees enrolled in the private schools.
3. Sample-test the ESC enrolment in schools located within reasonable distance from where the said random-checking is being done, by tracing the ESC students in class registers or other school documents related to student enrolment.
4. Report to the National Advisory Committee (NAC) significant findings based on preceding steps 2 and 3 not later than the close of the current school year.
5. About the 15th of the month following the close of the school year, follow up through the Regional Coordinator the list of schools which have not submitted the ESC Form 5 in their respective regions requesting them to expedite compliance with this requirement.
TFS IMPLEMENTING GUIDELINES FOR SY 2000-2001
1. As in ESC, the legal basis for the provisions and implementation of the TFS programs is R.A. 8545.
2. The Tuition Fee Supplement (TFS) for high school students which was formerly managed by the Bureau of Secondary Education, DECS through the DECROs, shall be administered by the Fund for Assistance to Private Education (FAPE) this SY 2000-2001.
FEATURES OF THE PROGRAM:
3. The Tuition Fee Supplement (TFS) is a subsidy given by the government in the amount of Five Hundred Pesos (P500) per student enrolled in a qualified private secondary school. This private school must have charged tuition and other school fees not higher than the ceiling (P3500) inclusive of the subsidy for SY 1999-2000. A student can be recipient of either one of the two Programs, ESC or TFS.
4. These guidelines on the management and implementation of the Tuition Fee Supplement program for high school students (TFS) are hereby promulgated for school year 2000-2001 and shall be enforced and in effect until otherwise changed, modified or repealed.
4a. Project Management
1. The State Assistance Council (SAC) shall be responsible for policy guidance and direction, monitoring, evaluation and the promulgation of rules and regulations of this GASTPE program (TFS).
2. Implementation of these policies, rules and regulations as promulgated by the State Assistance Council (SAC) shall be the responsibility of the FAPE. The ESC/TFS Unit of FPE (1) supervises, monitors, and oversees the implementation of the TFS Program in all participating private schools; (2) sends to the Regional Project Committee (RPC), through channels, written communications on DECS guidelines and policies; (3) collects, collates and interprets pertinent data on TFS from the RPSs and makes periodic reports whenever needed; and (4) evaluates the TFS program implementation.
3. The TFS National Executive Committee is composed of the Secretary of Education as Chair, and Undersecretary for Programs/Projects and Regional Operations, the Director of the Bureau of Secondary Education (DECS) and the President of the Fund for Assistance to Private Education (FAPE) as members.
4. The TFS National Secretariat is composed of FAPE Director for Externally Funded Programs as Project Director and Project Staff members designated by the President of FAPE.
5. The Regional Project Committee is composed of the DECS Regional Director as chair, the Regional Chief of Secondary Education Division and the Regional COCOPEA representative as co-chairs and a private school representative as member.
The Unit (1) sets up Division Project Committee (DPCs) which shall handle TFS at the Division level; (2) supervises, monitors and oversees the implementation of the ESC/TFS National Secretariat at FAPE with needed TFS data/reports; (4) disseminates relevant information on TFS implementing rules; (5) submits duly certified periodic update to the TFS National Secretariat using the prescribed TFS forms.
6. The Division Project Committee is composed of the Division Superintendent as chair, a duly appointed Division TFS Coordinator and a COCOPEA representative as co-chairs.
4b. Procedural Management
1. Private High Schools which charge tuition and other fees not higher than the ceiling of P3500 including subsidy for SY 1999-2000, shall register and apply for subsidy with the DPC on or before June 30, 2000 and every year thereafter. Once the school qualifies, it submits 5 sets of TFS Form 1 or the Tuition and Other Fees Supplement Voucher and 5 sets of TFS for 1-A or Schedule of Tuition and Other Fees together with the Memorandum of Agreement with FAPE.
2. The DPC evaluates and reviews the MOA and supporting documents of the school and endorses the private school for TFS to the RPC-FAPE. The DPC includes the school in its Summary Report of TFS Participating Schools. The DPC endorses to the RPC-FAPE TFS Form 2, a duly certified list of TFS participating schools by Division, by school, indicating the number of grantees by year level and the total amount claimed. The Division Finance Officer and Schools Division Superintendent should duly certify this Report. The DPC submits the report to the RPC copy furnish the TFS National Secretariat not later than July 25, 2000 and every year thereafter.
3. Allocation of Proceeds - Pursuant to No. 2 of Section 5, R.A. 6728: assistance, under paragraph (1) sub-paragraph (a) shall be granted, and tuition fees under sub-paragraph (b) may be increased, on the condition, that seventy percent (70%) of the amount subsidized allotted to tuition fee or of the tuition fee increases shall go to the payment of salaries, wages, allowances and other benefits of teaching and non-teaching personnel except administrators who are principal stockholders of the school, and may be used to cover increases as provided for in the collective bargaining agreement existing or in force at the time when this Act was approved and made effective, provided, that government subsidies are not used directly for salaries of teachers of non-secular subjects. At least twenty percent (20%) shall go to improvement or modernization of buildings, equipment, libraries, laboratories, gymnasium and similar facilities and to the payment of other costs of operation. For this purpose, schools shall maintain a separate record of accounts for all assistance received from the government, any tuition fee increase, and the detailed disposition and use thereof, which records shall be made available for the periodic inspection as may be determined by the State Assistance Council (SAC), during business hours, by the faculty, the non-teaching personnel, students of the schools concerned, the Department of Education, Culture and Sports and other concerned government agencies.
A certification on the above allocation of proceeds shall be attached to the final report on GASTPE at the end of the school year.
4. The RPC-FAPE Regional Coordinator evaluates the application and reviews the MOA and supporting documents of the school. The deadline for submission of MOA to DECS Regional Offices is August 31, 2000. The Regional Coordinator forwards the MOA and its supporting documents to the RPC-DECS through the Chief of Secondary Education Division for review and signature of the Regional Director or his/her designated signing officer (preferably the SED Chiefs). The FAPE-Regional Coordinator then endorses the MOA to the TFS National Secretariat at FAPE in Makati City.
The RC FAPE-Regional Coordinator prepares and submits to the ESC/TFS National Secretariat not later than August 30, 2000 a summary report on tuition fee supplement claims for SY 2000-2001 using TFS Form 2.
5. The TFS National Secretariat makes a final evaluation of the MOAs and the supporting documents submitted by the private schools. It verifies the accuracy of the computations in the billing section of the MOA to ascertain the correctness of the contract amount.
The TFS National Secretariat arranges for the signing of the MOAs by the FAPE President and thereafter, for its notarization and distribution as follows:
Original and duplicate - FAPE/TFS National Secretariat;
3rd copy - Private High School Principal;
4th copy - RPC Secretariat;
5th copy - Bureau of Secondary Education; and
6th copy - Notary Public's OfficeBased on the MOA, the TFS National Secretariat issues payment requests to FAPE's Accounting Department for the full payment of the TFS claims.
4c. Limitation of Student Participation - An awardee is disqualified from TFS benefits if (a) he/she fails in the majority (5 or more) academic subjects in which he/she is enrolled during the course of his/her study unless such failure is due to some valid cause; and (b) he/she transfers residence outside the region.
4d. Payment of TFS Subsidy Claim - The government will reimburse the vouchers from the schools concerned within one hundred twenty (120) days from the close of the registration period; provided, however, that all documents of the participant school have been processed by the ESC/TFS National Secretariat and provided, further, that the funds have been released by DECS to FAPE. All TFS subsidy payment requests are processed by the ESC/TFS National Secretariat.
Upon release of the checks for payment to schools, the National Secretariat informs the DECSROs by post on the date of the release of payments, amounts and check numbers.
The check payment is issued in the name of the TFS school to be released to the official school representative as stipulated in the TFS MOA or its designated representative on TFS matters. In the case of students who were collected the full tuition fee in advance, the school shall refund to the students the Five Hundred Pesos (P500) tuition fee subsidy.
In cases of dispute over ownership of a participant school the Regional Project Committee may recommend to the National Executive Committee through the ESC National Secretariat the holding in escrow of the ESC/TFS grant for the current year and the suspension of the school's participation in the program in the succeeding school year(s) until dispute is settled.
4e. Penalties - In case of any violation of these guidelines and the provisions of R.A. 8545, the DECS upon recommendation of SAC, may ban the institution/s from participating in or benefitting from the GASTPE programs and in other programs of the Department, without prejudice to administrative and criminal charges which may be filed against it and/or its responsible officers under existing laws.
Any school that shall refuse to furnish copies of their audited financial statements to concerned sectors with whom they are having consultation prior to tuition fee increases, shall forfeit the right to increase their tuition fees, in addition to other penalties or sanctions as may be imposed under the preceding paragraph or by existing laws.
4f. Other responsibilities of the RPC-FAPE
a. TFS Regional Coordinator (TFS-RC) prepares the consolidated report, also using TFS Form 2, and submits it to the TFS National Secretariat not later than August 30, 2000. A copy of the TFS Form 1 should be submitted also to the Bureau of Secondary Education not later than August 30, 2000 and every year thereafter. MOA is processed at the TFS National Secretariat, which issues checks directly to the schools corresponding to the aggregate amount indicated in the MOA.
OTHER RESPONSIBILITIES OF TFS NATIONAL SECRETARIAT
a. For each of the payments made to participating schools, take steps to obtain their official receipts (ORs) if the ORs are not received 30 days after the release of the check payments.
b. Perform random checks at the division level with the DPCs to verify the validity of the TFS grantees enrolled in the private schools.
c. Sample-test the TFS enrolment in schools located within reasonable distance from where the said random-checking is being done, by tracing the TFS students in class registers or other school documents related to student enrolment.
d. Report significant findings based on preceding steps b and c to the National Advisory Committee (NAC) not later than the close of the current school year.