REPUBLIC ACT No. 6139
AN ACT TO REGULATE TUITION AND OTHER SCHOOL FEES OF PRIVATE EDUCATIONAL INSTITUTION, PROVIDING FOR THE SETTLEMENT OF CONTROVERSIES THEREON AND FOR OTHER PURPOSES.
Section 1. It is hereby declared to be the policy of this Act to regulate tuition and other fees charged by private schools in order to discourage the collection of exorbitant and unreasonable fees.
Section 2. Within the limits and under the circumstances set forth in this Act, the Secretary of Education shall have the authority to regulate tuition and/or other school fees that each private school, college, university or any other educational institution as defined in Act Numbered Twenty-seven hundred and six, including nurseries and kindergarten schools, may impose.
Section 3. Any private educational institution proposing to increase the tuition and/or other fees being charged and/or collected by it for any course shall adopt the following procedure:
(a) At least 180 days before the school year, semester, or term in which the increase is to be effective, it shall serve written...
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Republic Acts
AN ACT TO REGULATE TUITION AND OTHER SCHOOL FEES OF PRIVATE EDUCATIONAL INSTITUTION
Republic Act No. 6139
SUMMARY OF REPUBLIC ACT NO. 6139
Policy and Coverage:
- Regulates tuition and other fees charged by private educational institutions, including nurseries, kindergartens, schools, colleges, and universities. (Section 1)
- Applies to private educational institutions as defined in Act No. 2706. (Section 2)
Procedure for Increasing Tuition and Fees:
- Notice of proposed increase must be served at least 180 days before the school year/term, to the student council/government or parents association. (Section 3(a))
- Notice must state: (1) current fees and amount of increase, (2) reasons for increase, (3) effective term/year, and (4) statement that no opposition means increase is authorized. (Section 3(a))
- If opposition is filed within 30 days by majority of student body or 20% of parents, the Local School Council on Fees shall be convened. (Section 3(b))
- The Local School Council on Fees comprises representatives from school administration, student body, faculty, and the Director of Private Schools (as Chairman). (Section 3(b))
- The Council shall negotiate, conciliate, and settle the case, or decide by majority vote at least 100 days before the effective term/year, considering factors like facilities, curriculum, enrollment, faculty development, and allowing a maximum of 12% on net worth. (Section 3(c))
- Unless extraordinary circumstances, no school shall increase annual tuition fees by more than 15% of the preceding year's fees. (Section 3(c))
Appeal Process:
- Any party adversely affected by the Council's decision may appeal to the Secretary of Education within 15 days. (Section 4)
- The Secretary shall act on the appeal at least 60 days before the close of the preceding school year, and the decision shall be final and binding. (Section 4)
- An appeal shall stay the execution of the Council's decision. (Section 4)
Procedure for Decreasing Tuition and Fees:
- Notice of proposed decrease must be served at least 90 days before the school year/term, to the student council/government or parents association. (Section 5)
- Notice must state: (1) current fees and amount of decrease, (2) reasons for decrease, and (3) effective term/year. (Section 5)
- If no opposition is filed within 30 days, the decrease shall be authorized. (Section 5)
- If opposition is filed, the Director of Private Schools shall decide the matter at least 30 days before the effective term/year, and the decision shall be final. (Section 5)
Extraordinary Causes:
- In cases of extraordinary causes (e.g., currency fluctuations, strikes), the time periods for notice, opposition, and decision may be shortened. (Section 7)
- The Secretary of Education's decision on appeal shall be promulgated at the earliest possible time. (Section 7)
Other Provisions:
- Technical rules of procedure and evidence shall not apply in proceedings under this Act. (Section 8)
- All fees except tuition shall be constituted into a trust fund for specific purposes, and any unexpended balance after 5 years shall be used as a scholarship fund for deserving students. (Section 9)
- No school administration shall hold benefit performances, movies, concerts, etc., for charity or otherwise. (Section 9)
- The Secretary of Education shall promulgate rules and regulations in consultation with various educational associations. (Section 10)
- Violations of the Act, rules, regulations, or decisions shall be punishable by a fine of 2,000 pesos or 1 year imprisonment, or both, for the head of the educational institution or responsible person. (Section 11)
- Inconsistent laws, executive orders, rules, and regulations are repealed. (Section 12)
Policy and Coverage:
- Regulates tuition and other fees charged by private educational institutions, including nurseries, kindergartens, schools, colleges, and universities. (Section 1)
- Applies to private educational institutions as defined in Act No. 2706. (Section 2)
Procedure for Increasing Tuition and Fees:
- Notice of proposed increase must be served at least 180 days before the school year/term, to the student council/government or parents association. (Section 3(a))
- Notice must state: (1) current fees and amount of increase, (2) reasons for increase, (3) effective term/year, and (4) statement that no opposition means increase is authorized. (Section 3(a))
- If opposition is filed within 30 days by majority of student body or 20% of parents, the Local School Council on Fees shall be convened. (Section 3(b))
- The Local School Council on Fees comprises representatives from school administration, student body, faculty, and the Director of Private Schools (as Chairman). (Section 3(b))
- The Council shall negotiate, conciliate, and settle the case, or decide by majority vote at least 100 days before the effective term/year, considering factors like facilities, curriculum, enrollment, faculty development, and allowing a maximum of 12% on net worth. (Section 3(c))
- Unless extraordinary circumstances, no school shall increase annual tuition fees by more than 15% of the preceding year's fees. (Section 3(c))
Appeal Process:
- Any party adversely affected by the Council's decision may appeal to the Secretary of Education within 15 days. (Section 4)
- The Secretary shall act on the appeal at least 60 days before the close of the preceding school year, and the decision shall be final and binding. (Section 4)
- An appeal shall stay the execution of the Council's decision. (Section 4)
Procedure for Decreasing Tuition and Fees:
- Notice of proposed decrease must be served at least 90 days before the school year/term, to the student council/government or parents association. (Section 5)
- Notice must state: (1) current fees and amount of decrease, (2) reasons for decrease, and (3) effective term/year. (Section 5)
- If no opposition is filed within 30 days, the decrease shall be authorized. (Section 5)
- If opposition is filed, the Director of Private Schools shall decide the matter at least 30 days before the effective term/year, and the decision shall be final. (Section 5)
Extraordinary Causes:
- In cases of extraordinary causes (e.g., currency fluctuations, strikes), the time periods for notice, opposition, and decision may be shortened. (Section 7)
- The Secretary of Education's decision on appeal shall be promulgated at the earliest possible time. (Section 7)
Other Provisions:
- Technical rules of procedure and evidence shall not apply in proceedings under this Act. (Section 8)
- All fees except tuition shall be constituted into a trust fund for specific purposes, and any unexpended balance after 5 years shall be used as a scholarship fund for deserving students. (Section 9)
- No school administration shall hold benefit performances, movies, concerts, etc., for charity or otherwise. (Section 9)
- The Secretary of Education shall promulgate rules and regulations in consultation with various educational associations. (Section 10)
- Violations of the Act, rules, regulations, or decisions shall be punishable by a fine of 2,000 pesos or 1 year imprisonment, or both, for the head of the educational institution or responsible person. (Section 11)
- Inconsistent laws, executive orders, rules, and regulations are repealed. (Section 12)