APPROVING AND ADOPTING THE UNIFIED TECHNICAL VOCATIONAL EDUCATION AND TRAINING PROGRAM REGISTRATION AND ACCREDITATION SYSTEM (UTPRAS) GUIDELINES ON SANCTIONS AND PENALTIES
1994 empowers TESDA to establish and maintain a system of accrediting,
coordinating, integrating, monitoring and evaluating formal and
non-formal technical education and training;
WHEREAS, Republic
Act No. 7796 defines technical education as the education process
designed at post-secondary and lower tertiary levels, officially
recognized as non-degree programs aimed at preparing technicians,
para-professionals and other categories of middle-level workers by
providing them with a broad range of general education, theoretical,
scientific and technological studies, and related job skills training;
WHEREAS, Board Resolution No. 98-03 establishes A Unified TVET Program Registration and Accreditation System;
WHEREAS, Board Resolution No. 2000-03 Approved the Adoption of the
Omnibus Amendatory Guidelines in the Establishment of the Unified TVET
Program Registration and Accreditation System identifying the coverage
of UTPRAS to include all TVET programs offered by enterprise-based
training centers, provided that programs offered in industrial trades
and crafts, agriculture, fishery, services and home industries among
others; TVET programs with permit and recognition certificates granted
by the Secretary of Education which shall be reviewed and registered
under UTPRAS within the prescribed period: and including a module of
employable competency or a set of modules may be registered as a TVET
program under UTPRAS:
WHEREAS, the Omninus Amendatory Guidelines
in UTPRAS mentioned of Sanctions for TVET institutions which are found
to have run TVET programs without complying with the registration
requirements in UTPRAS. NOW, THEREFORE, BE IT RESOLVED, AS IT IS HEREBY
RESOLVED, that the Board approves the adoption of the Unified TVET
Program Registration and Accreditation System Guidelines on Sanctions
and Penalties to operationalize the Sanctions contained in the Omnibus
Amendatory Guidelines which is attached herewith and made an integral
part of this Resolution;
BE IT RESOLVED FURTHER, that the Board
directs the Secretariat to issue the corresponding circular to
disseminate the guidelines and have the guidelines published in
accordance with the requirements of EO 200 series of 1987 for the
information of all concerned.
Adopted: 4 Sept. 2003
(SGD.) MA. ADORINDA DE JESUS-FORRO
Board Secretary VI
Attested by:
(SGD.) PATRICIA A. STO. TOMAS
Secretary, DOLE
Chair, TESDA Board
UNIFIED TVET PROGRAM REGISTRATION
AND ACCREDITATION SYSTEM (UTPRAS)
Guidelines on Sanctions and Penalties
Legal Basis
Republic Act No. 7796, otherwise known as TESDA Act of 1994,
empowers TESDA to establish and maintain a system of accrediting,
coordinating, integrating, monitoring and evaluating formal and
non-formal technical education and training.
TESDA Board
Resolution 98-03 formally established the Unified TVET Program
Registration and Accreditation System (UTPRAS). To operationalize the
implementation of the Sanctions contained in UTPRAS Omnibus Amendatory
Guidelines under TESDA Circular 017 s. 2000, the following guidelines on
sanctions and penalties shall hereby apply.
Definition of Terms
a. Auditor – a TESDA personnel/representative
qualified and authorized to conduct an audit of program registration
requirements to check whether the institution is continuously complying
with the registration standards – the basis by which the program was
registered.
b. Compliance Audit – a process of
verification carried out by TESDA to determine whether an institution
with registered program is continuously complying with the registration
standards set forth for the program(s).
c. Corrective Action –
a statement of immediate remedial action(s) to the finding(s) found in
the compliance audit to meet the program standards requirements.
d. Non-compliance/Non-conformity – a discrepancy between what is specified in the program standards and what is actually observed by the TESDA auditor(s).
e. Technical Vocational Education and Training or TVET
– refers to the education and training process when it involves, in
addition to general education, the study of technologies and related
sciences and the acquisition of practical skills and knowledge relating
to occupations in various sectors of economic and social life.
f. Unified TVET Program Registration and Accreditation System or
UTPRAS – a two-stage process of quality assurance the first stage
involves the registration (mandatory) of programs with TESDA to ensure
that they meet the minimum requirements and the monitoring of the
registered programs to ensure that the institutions continuously comply
with the registration requirements. The second stage involves
accreditation (voluntary), which deals with institutionalization of
quality management systems in the institution utilizing the Philippine
TVET Quality Award as its framework which is anchored on the Philippine
Quality Award.
g. Unregistered program – a
program offered by an institution that is not registered under the
Unified TVET Program Registration and Accreditation System or UTPRAS.
SANCTION PROCEDURES FOR UNREGISTERED
OFFERING OF TVET PROGRAMS
SECTION 1. TVET Institutions Offering Unregistered Programs
– These are institutions, which offer programs without the UTPRAS
program registration certificates. As specified in the registration
procedure, the applicant Training Institution files a letter of
application with the TESDA District/Provincial Office in whose area of
jurisdiction the institution operates at least six (6) months before the
institution will offer the program.
SECTION 2. Steps in the Implementation of Sanctions and Penalties in UTPRAS – Imposition of penalties and sanctions can be classified in 3 steps:
violation for offering unregistered program giving sufficient time to
explain and comply with the registration requirements.
Offering of the Program(s) to the institution and publication of such
Notice in a local newspaper, TESDA Website and announcement in a
government radio station.
Program(s) furnished to the Mayor with a letter requesting for the
cancellation of Mayor’s permit to operate shall be filed for
non-registration of program.
SECTION 3. Institutions that are found offering unregistered programs shall be covered by the following procedural guidelines:
a. TESDA Provincial/District Director sends Official Notice to the
institution to explain in writing why the institution is operating TVET
program(s) not registered with TESDA.
b. Within 5 working days
from the receipt of Official Notice, institution sends Letter of
Explanation indicating the underlying cause(s) for not being able to
register the TVET program(s) with TESDA.
c. Within 5 working
days from the receipt of Letter of Explanation, TESDA
Provincial/District Director sends Letter of Compliance to register the
program(s). A 30-day grace period shall be provided.
d. Within 5
working days from the receipt of Letter of Compliance, the institution
sends a Letter of Intent to Conform within the deadline set in
registering the program(s).
e. If the deadline for registering
the program(s) will not be met, the institution can request in writing
for extension. Depending on the merits of the request, the
Provincial/District Director may grant extension provided that this
should not be more than 10 working days.
f. Institution(s) that
failed to execute a Letter of Intent to Conform shall not be eligible
for the grant of extension. g. Upon expiration of the due date to
register the program(s), the Provincial/District Director shall forward
the Notice of Unregistered Offering of Program(s) to the institution
concerned.
h. The Provincial/District Office shall publish the
Notice of Unregistered Offering of program(s) in a newspaper of local
circulation, TESDA Website and announcement in a government station for
failure to register the program(s) on the due date so as to inform the
public.
i. A copy of the Notice of Unregistered Offering of
Program(s) shall be forwarded to the Mayor’s Office with a transmittal
letter requesting for the cancellation of Mayor’s Permit to operate for
non-registration of program.
j. Coordination shall be made with local authorities to institutionalize the appropriate action on the matter.
SANCTION PROCEDURES FOR INSTITUTIONS GRANTED PROGRAM
REGISTRATION BUT FAILED TO MAINTAIN REGISTRATION STANDARDS
SECTION 1. Institutions Granted Program Registration But Failed to Maintain Registration Standards. These are schools or centers with registered program(s), which failed to maintain the registration standards.
SECTION 2. Program Registration is granted full compliance upon completion of the following requirements:
1. CORPORATE AND ADMINISTRATIVE Requirements:
- Certified Board Resolution to offer a program
- SEC Registration Certificate
- Articles of Incorporation – purpose of Institution must mention technical-vocational education and training.
- Certificate of Ownership of building/contract of lease
- Fire Safety Certificate
2. CURRICULUM AND PROGRAM DELIVERY
- Course design and syllabus comply with the training regulation utilizing the format prescribed by the agency.
- List of physical facilities, equipment, consumables, and
instructional materials (e.g. reference materials, slides, videotapes,
and casette tapes, etc.)
3. FACULTY AND PROGRAM DELIVERY
List of officials, trainers and non-teaching staff with their
qualifications, areas of expertise and courses/seminars attended
(supporting documents available such as copies of certificates and
contracts of employment)
4. ACADEMIC RULES
- Schedule of training fees and program costs
- Grading system
- Entry requirements for the program
- Rules on attendance
5. SUPPORT SERVICES
- Health services available to learners
- Career guidance/placement services available to learners
- Research that supports the operation of the school is carried
out (e.g. surveys, consultations, technical research, networking with
partners) – optional - Community outreach program – optional
SECTION 3. Compliance Audit of Registered Programs – The
compliance audit is undertaken by TESDA to assess whether registered
program(s) comply with the registration standards. The non-conformities
shall be categorized by TESDA auditor whether high risk or low risk.
Institutions that have areas of non-conformities in the registration
standards will be given sufficient time to comply with the requirements.
SECTION 4. Sanctions and Penalties for Failure to meet the Program Registration Standards are classified into 3 steps
1st step – Grant of extension to institution that did not comply
within the due date provided a Letter of Explanation was executed
within the time frame requirement (within 5 days from due date) and the
explanation is meritorious.2nd step – Notice of Cancellation of Registration shall be issued to the institution that failed to comply.
3rd step – De-listing of the program(s) that failed to comply and publication in a local newspaper to inform the public.
4th step – Request to the mayor to cancel the Mayor’s permit of
the institution for being unable to maintain the registration
requirements for the program(s).
SECTION 5. Sanction procedures shall be governed by the following guidelines:
a. Institutions that are granted Certificate(s) of Program
Registration shall be subjected to compliance audit by TESDA to
determine their continuing compliance with the registration
requirements/standards.b. TESDA representatives inform the institutions of the conduct
of program registration compliance audit. Unscheduled audits maybe
performed if TESDA has reason(s) to believe that programs being offered
failed to meet the registration requirements.c. If the compliance audit found out that the institution has not
maintained certain standards for program registration, the TESDA
auditor with the concurrence of the school head and/or his/her duly
designated representative shall agree in writing the time scale for the
corrective action(s) to rectify such non-conformities.d. The non-conformities shall be categorized by TESDA auditor whether high risk or low risk non-compliance(s).
Below is the categorization of areas non-compliance for programs granted registration:
- High-risk non-compliance – the following are
the list of infractions and all other similar violations which
constitute high risk to students and other stakeholders:
- Invalid SEC Registration.
- Expired fire safety certificate
- Absence or failure to show evidence that the curriculum is being delivered using the competency-based approach.
- Missing or insufficient equipment, tools and consumables from that required in the standards.
- Missing or insufficient instructional materials available from that indicated in the standards.
- Unavailability of qualified instructor(s) for the program based on what is indicated in the standards.
- Entry requirements for the program do not comply with standards requirements, if available.
- Rules on attendance are not documented and provided to the students.
- Evidence that health services is not being provided to the students.
- Evidence that there is no career guidance/placement services being provided to the students.
- Expired contract of lease of premises.
- Low-risk non-compliance – the following are
the list of infractions and all other similar violations which
constitutes low risk to students and other stakeholders:
- Tuition fees and program costs adjustments were not updated to the concerned TESDA Provincial Office.
- List of officials and non-teaching staff with their
qualifications have undergone some changes and the TESDA Provincial
Office was not apprised of these changes.- No documented grading system, no details are provided to students/trainees.
e. Institutions that failed to rectify the non-compliance(s) on
the due date upon verification of the TESDA auditor shall be required to
execute a Letter of Explanation within 5 working days from due date of
rectifying the non-conformities indicating the cause(s) of not being
able to comply on the due date to the TESDA Provincial/District Office.f. Depending on the merits of the Letter of Explanation within 5
working days from due date of compliance shall not be eligible for the
grant of extension and those with Letter of Explanation not found to be
meritoriously justifiable.g. Institution that failed to execute a Letter of Explanation
within 5 working days from due date of compliance shall not be eligible
for the grant of extension and those with Letter of Explanation not
found to be meritoriously justifiable.h. TESDA shall uphold the Certificate(s) of Program Registration
of institutions that complied on or before the due date as referred to
in letter e. On the other hand, for those that filed to do so, the
Provincial/District Director shall forward the Notice of Cancellation of
Registration to the institution.i. If no appeals are made within 5 working days from the receipt
of Notice of Cancellation of Registration from the institution, TESDA
shall take out the registered status of the program(s) in its Registry
(De-listed). The Notice of Cancellation of Registration shall also be
published in a newspaper of local circulation for the information of the
public.j. The Provincial/District Director shall furnish the Mayor the
Notice of Cancellation of Registration with a letter of request for the
cancellation of Mayor’s permit to operate for non-compliance of
registered status.k. Only low-risk non-compliances can be appealed to the Director
General. High-Risk non-compliance once approved by the
Provincial/District Director becomes final and executory.l. The Director General will act on the appeal within 30 working
days from receipt thereof. If no decision is made within the indicated
timeline, the appeal is upheld.
General Provisions
SECTION 1. The affected institution shall transfer
enrollees in on-going Unregistered or De-listed Program to the nearest
training provider offering the same National Certificate Level Program
registered with TESDA.
SECTION 2. The affected
institution shall refund in full the fees paid by the students to
include among others, tuition fees, laboratory fees, and miscellaneous
fees.
SECTION 3. The affected institution shall comply both with the provisions of sections 1 and 2 of this general provisions.
SECTION 4. These
sanctions shall apply without prejudice to students and parents taking
legal action in the appropriate court against the erring institution.
Effectivity:
These guidelines on sanctions and penalties shall take effect 15 days after publication in a newspaper of general circulation.