Laws on Higher Education (PDF)

Commission on Higher Education Komisyon sa Lalong Mataas na Edukasyon C.P. Garcia Ave, UP campus, Diliman, Quezon City, Metro Manila  CHED was created on May 18, 1994 through the passage of RA 7722, or the Higher Education Act of 1994. CHED is an agency directly attached to the Office...

Commission on Higher Education Komisyon sa Lalong Mataas na Edukasyon C.P. Garcia Ave, UP campus, Diliman, Quezon City, Metro Manila  CHED was created on May 18, 1994 through the passage of RA 7722, or the Higher Education Act of 1994. CHED is an agency directly attached to the Office of the President for administrative purposes.  It was created in response to the reforms on the country’s education system – the CHED for tertiary and graduate education – Department of Education (DepEd) for basic education – Technical Education and Skills Development Authority (TESDA) for technical-vocational and middle-level education. Laws on Higher Education R.A 7722 a.k.a Higher Education Act of 1994 Composition of the Commission & Term of Office 5 full-time members: 1 chairperson 4 commissioners The president of the Philippines shall appoint the full-time chairman and the commissioners for a term of 4 years without reappointment. Qualifications of the members of the Commission With doctorate degree Actively engaged in higher education for at least 10 years Must not be a candidate for election before or during the term of appointment Must be an academician known for their high degree of professionalism and integrity Members of the commission shall belong to different academic specializations Rank The chairman shall have a rank of Department secretary The commissioners shall have a rank of undersecretary Functions of Commission – Formulate and recommend the development of plans, policies, priorities, and programs on higher education and research. – Recommend to the executive and legislative branches, priorities and grants on higher education and research – Set minimum standards for programs and institutions of higher learning − Monitor and evaluate the performance of programs and institutions of higher learning for appropriate incentives as well as the imposition of sanctions such as diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation, program termination or school closure – Identify, support and develop potential centers of excellence in program areas needed for the development of world-class scholarship, nation building and national development − Recommend to the Department of Budget and Management the budgets of public institutions of higher learning as well as general guidelines for the use of their income – Rationalize programs and institutions of higher learning and set standards, policies and guidelines for the creation of new ones as well as the conversion or elevation of schools to institutions of higher learning − Develop criteria for allocating additional resources such as research and program development grants, scholarships, and other similar programs: Provided, That these shall not detract from the fiscal autonomy already enjoyed by colleges and universities; Secretariat Secretariat is an administrative department that carries out the administrative and clerical work of the Commission The head is an executive officer: Commission will appoint the staff upon the recommendation of the executive officer. Secretariat duties: – Fix the secretariat’s staffing pattern – Determine the duties, qualifications, responsibilities and functions and compensation scheme – Prepare and approve budget Board of Advisers Assist the Commission in aligning its policies and plans with the cultural, political and socioeconomic development needs of the nation and with the demands of world-class scholarship. They shall meet with the Commission at least once a year.  Composition of Board of Advisers Chairman: Secretary of DECS Co-chairman: Director-General of NEDA Members: 1. Secretary of DOST 2. Secretary of DTI 3. Secretary of DOLE 4. President of FAAP 5. President of FAPE Two additional members of the Board of Advisers may be appointed by the President upon recommendation of the Commission. Technical Panels Organized by the Commission for different disciplines/program areas. They shall assist the Commission in setting standards and in program and institution monitoring and evaluation. The technical panels shall be composed of senior specialists or academicians to be appointed by the Commission. Technical panel (now Committee) in Medical Technology Education (TPMTE/TCMTE) Chairman: PASMETH president Members: – President of PAMET – A representative from the Board of Medical Technology/ Professional Regulation Commission – A representative from PAMET – A representative from P ASMETH  Guarantee of Academic Freedom Nothing in RA 7722 shall be interpreted as limiting the academic freedom of universities and colleges. There’s also no restriction/deprivation in the rights of curricular freedom of the individual educational institutions by the Commission except for: a) minimum unit requirements for specific academic programs b) general education distribution requirements as may be determined by the Commission c) specific professional subjects as may be stipulated by the various licensing entities. Accreditation The Commission shall provide incentives to institutions of higher learning, public and private, whose programs are accredited or whose needs are for accreditation purposes. Accrediting agencies: – PAASCU – PACUCOA – ISO  Approved: May 18, 1994  RA 8292 a.k.a Higher Education Modernization Act of 1997 An Act Providing for the Uniform, Composition and Powers of the Governing Boards, the Manner of Appointment and Term of Office of the President of Chartered State Universities and Colleges and for other Purposes  Governing Boards The Administration Secretary of University or College Treasurer of the Philippines Administrative Council Academic council Admission Filing of Report Governing Boards The Governing Boards of chartered state universities and colleges is created in order to: – Achieve a more coordinated and integrated system of higher education – Render them more effective in the formulation and implementation of policies on higher education – Provide for more relevant direction in their governance – Ensure the enjoyment of academic freedom as guaranteed by the Constitution. Governing Boards Board of Regents for University Board of Trustees for Colleges Composition: – Chairman: Chairman of CHED – Vice chairman: President of the University/college ₋ Members: o Chairmen of the Congressional Committees on Education and Culture o Regional Director of the NEDA o Regional Director of the DOST - in case of science and technological colleges OR the Regional Director of the Department of Agriculture colleges OR the Secretary of Education for an Autonomous Region o President of the faculty association o President of the supreme student council (or the student representative elected by the student council) o President of the alumni association of the institution o Two prominent citizens  Term of Office of the Board of Regents/ Board of Trustees - Until the expiration of their term of office (for president of the school, alumni associations & student regent) - Prominent citizens shall serve for a term of 2 years Meetings of the Governing Board - at least once every quarter but the chairman of the Board of Regents/Trustees may call a special meeting if necessary but the members should be notified in writing 3 days before the said meeting Highlights of the Powers and Duties of the Governing Boards To enact rules and regulations not contrary to law as may be necessary to carry to carry out the purposes and functions of the university or college To fix the tuition fees and other necessary school charges, such as matriculation fees, graduation fees and laboratory fees To adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students  To authorize the construction or repair of its buildings, machineries, equipment and other facilities and the purchase and acquisition of real and personal properties including necessary supplies, materials and equipment. To appoint, upon the recommendation of the president of the university or college, vice presidents, deans, directors, heads of departments, faculty members and other officials and employees To fix and adjust salaries of faculty members and administrative officials and employees and to grant them leaves of absence and to remove them  To approve the curricula, institutional programs and rules of discipline drawn by the administrative and academic councils To set polices on admission and graduation of students To award honorary degrees upon persons in recognition of outstanding contribution in the field of education, public service, arts, science and technology or in any field of specialization within the academic competence of the university or college and to authorize the award of certificates of completion of non-degree and non- traditional courses  To establish research and extension centers of the SUCs To establish chairs in the university or college and to provide fellowships for qualified faculty members and scholarships to deserving students To extend the term of the president of the college or university beyond the age of retirement but not later than the age of 70, whose performance has been unanimously rated as outstanding and upon unanimous recommendation by the search committee for the president of the institution concerned The Administration President- The administration of the university or college shall be vested in the president of the university or college who shall render full- time service. He shall be appointed by the Board of Regents/Trustees, upon the recommendation of a duly constituted search committee. He shall have a term of 4 years and shall be eligible for reappointment for another term.  Vice President - The president shall be assisted by a vice president for academic affairs who shall be appointed by the Board upon the former’s recommendation without prejudice to the appointment of more than one vice president when so warranted. Secretary of the University or College - Appointed by the Board and shall keep all records and proceedings of the Board. He shall communicate to each member of the Board notice of meetings. Treasurer of the Philippines - Shall be the ex-officio treasurer of the university or college. All accounts and expenses of the university or college shall be audited by the Commission on Audit Administrative Council - To review and recommend to the Board of Regents/Trustees policies governing the administration, management and development planning of the university or college Chairman - President of the university or college Members Vice president(s) Deans Directors Other officials of equal rank as members Academic Council Chairman - president of the university or college Members - all members of the instructional staff with the rank of not lower than assistant professor  Duty of Academic Council: – To review and recommend the curricular offerings and rules of discipline of the university or college subject for appropriate action of the Board of Regents/Trustees. – It shall fix the requirements for the admission of students as well as for graduation and the conferment of degrees subject to review and/or approval by the Board of Regents/Trustees through the president of the university or college. Admission No student shall be denied admission to any university or college by reasons of sex, nationality, religion, political affiliation, or physical disability. Filing of Report On or before 15th day of the 2nd month after the opening of regular classes each year, the president of the university or college shall file with the Office of the President of the Philippines through the Chairman of the CHED, and with the Senate and House of Representatives a detailed report on the progress, conditions and needs of the university or college.  Approved: June 6, 1997