Benefits and Responsibilities of Autonomous and Deregulated Private Higher Education Institutions

April 13, 2016

CHED MEMORANDUM ORDER NO. 019-16

 

In accordance with the pertinent provisions of Republic Act (RA) 7722, otherwise known as the "Higher Education Act of 1994" and by virtue of Commission en banc Resolution No. 242-2016, the Commission on Higher Education (CHED) hereby promulgates the benefits and conditions corresponding to the autonomous or deregulated status of private higher education institutions.

ARTICLE I

Introduction

SECTION 1. CHED Memorandum Order (CMO) No. 46, series of 2012, "Policy-Standard to Enhance Quality Assurance (QA) in Philippine Higher Education through an Outcomes-Based and Typology-Based QA", defines vertical typology as the classification of higher education institutions (HEIs) according to three (3) elements of quality: 1) the alignment and consistency of the learning environment with the institution's vision, mission, and goals; 2) demonstration of exceptional learning and service outcomes; and 3) the development of a culture of quality. The first element is related to the horizontal type of the HEI while the last two are related to level of program excellence and institutional quality.

SECTION 2. There are three (3) types of HEIs according to vertical classification: (1) autonomous HEIs ("autonomous by evaluation" for State Universities and Colleges (SUCs); (2) deregulated HEIs ("deregulated by evaluation" for SUCs); and (3) regulated HEIs.

SECTION 3. Vertical classification is based on the assessment of the HEI's Commitment to Excellence and Institutional Sustainability and Enhancement. The former mainly considers program excellence while the latter is largely based on institutional quality.

SECTION 4. This Memorandum Order applies only to private higher education institution (PHEI). A separate Memorandum Order will govern public higher education institutions.

SECTION 5. Although it is the objective of CHED to have a critical mass of autonomous and deregulated HEIs because of their demonstrated high level of institutional quality and program excellence, the Commission grants the autonomous and deregulated status to deserving PHEIs only. This grant has corresponding benefits as well as responsibilities and conditions.

ARTICLE II

Benefits and Responsibilities of Autonomous and Deregulated PHEIs

The following are the benefits and responsibilities of private higher education institutions granted autonomous and deregulated status:

SECTION 6. Exemption from the issuance of Special Order (S.O.) for their graduates.

SECTION 7. Exemption from regular monitoring and evaluation by CHED. However, CHED may motu proprio conduct verification, monitoring or investigation activities in cases when there are evidences or reports of a general erosion of quality and/or gross violation of existing laws, rules and regulations, that adversely affect the good standing of the PHEI as a reputable education institution.

SECTION 8. Priority in the grant of subsidies and other financial incentives/assistance from the CHED whenever funds are available.

SECTION 9. Authority to grant an honorary degree to deserving individuals in line with the provisions of the existing CHED issuance on conferment of honorary degrees. The PHEIs should inform the CHED Central Office through the appropriate CHEDRO of the conferment at least one (1) month prior to the scheduled conferment.

ARTICLE III

Additional Benefits and Responsibilities of Autonomous PHEIs

SECTION 10. Privilege to determine and prescribe their curricular programs to achieve global competence. In case of curricular revisions, the PHEIs should inform the CHED Central Office through the appropriate CHED Regional Office (CHEDRO) of the curricular revisions prior to the start of the intended academic year in which the revised curriculum shall be implemented. The revised curriculum shall be applicable only to the entering students in the specified academic year. acEHCD

SECTION 11. Privilege to offer new course(s)/program(s) in the undergraduate and/or graduate levels, in their areas of expertise, without securing permit/authority from CHED except disciplines/degree programs that are under moratorium, doctor of medicine, and any other field duly specified by CHED. The PHEIs offering new course(s)/program(s) should ensure that the CHED minimum requirements as embodied in existing policies, standards and guidelines (PSGs) for a particular program are fully complied with. The PHEIs should inform the CHED Central Office through the appropriate CHEDRO about the intention to operate the new program(s) before the start of the academic year in which the new program(s) will be offered.

SECTION 12. Privilege to offer extension classes to expand access to higher education. The PHEIs should inform the CHED Central Office through the appropriate CHEDRO of these classes before the start of the academic year in which the extension classes will be offered.

SECTION 13. Privilege to establish linkages with recognized foreign higher education institutions. The PHEIs should ensure that the existing CHED PSGs for twinning, networking and linkages are fully complied with. The PHEIs should inform the CHED Central Office through the appropriate CHEDRO of these linkages before the start of the academic year in which such networking/linkage arrangements will be established.

SECTION 14. At the instance of CHED, the PHEIs may be authorized to offer program(s) via the alternative mode such as distance education, ETEEAP, or transnational education. Otherwise, all other autonomous PHEIs not identified by the Commission to deliver programs through the alternative mode should secure a permit/authority from the appropriate CHED Central Office.

SECTION 15. Privilege to increase tuition fees without securing a permit from CHED. The PHEIs should ensure that the existing CHED PSGs on increases in tuition and other school fees are fully complied with especially those pertaining to the consultation process and requirements. The PHEIs should inform the CHED Central Office through the appropriate CHEDRO of these increase(s) before the start of the academic year wherein the new tuition and other school fees shall be implemented.

ARTICLE IV

Conditions of the Grant

SECTION 16. The PHEIs granted autonomous or deregulated status are required to submit to the concerned CHEDRO their enrolment list per semester, graduation list per academic year, and other institutional data or information needed for the inclusion in the Higher Education Management Information System (HEMIS) and any other data or information that may be required by CHED.

SECTION 17. The PHEIs granted autonomous or deregulated status have to secure a CHED permit or authority to establish a branch/satellite campus. Their autonomous or deregulated status does not extend to their branch/satellite campus.

SECTION 18. The PHEIs granted deregulated status has to secure a CHED permit or authority to offer a new program, offer extension classes, offer programs via distance education, provide transnational education programs or establish a twinning/networking/linkage programs with foreign institutions.

SECTION 19. Before the expiration of the grant, the CHED shall evaluate the PHEIs granted autonomous or deregulated status to determine retention/withdrawal or upgrading/downgrading of the status.

SECTION 20. The autonomous and deregulated status of the PHEIs shall be in force and in effect for a certain period as specified by CHED from the date the status was granted unless a general erosion of quality and/or gross violation of existing laws, rules adversely affecting the good standing of the PHEI as a reputable higher education institution have/has been validated. SDHTEC

SECTION 21. In cases where autonomous or deregulated PHEIs no longer qualify for renewal of status, they shall be allowed to graduate and issue a Special Order to graduating students at the time of revocation of the status. Thereafter, the PHEIs shall undergo the usual process of applying for Special Order with the appropriate CHEDRO.

SECTION 22. If autonomous PHEIs no longer qualify for renewal of their status and wish to continue offering the new program(s) which were initiated during their autonomy, the institutions shall not be required to secure permit/recognition from CHED but their programs will be subjected to regular monitoring and evaluation by the CHEDRO, correction of deficiencies within a reasonable time period if called for, and appropriate CHED action on the status of the program.

ARTICLE V

Separability Clause

SECTION 23. If any part or provision of this CMO shall be held invalid, other provisions hereof which are not affected shall continue to be in force and effect.

ARTICLE VI

Repealing Clause

SECTION 24. This CMO supersedes CMO No. 44, series of 2008, "Policies and Guidelines for the Grant of Autonomous and Deregulated Status to Private Higher Education Institutions", and all other previous CHED issuances related to benefits, responsibilities, and conditions of autonomous and deregulated status.

ARTICLE VII

Approval and Effectivity

SECTION 25. This CMO shall take effect immediately after fifteen (15) days of its publication in the Official Gazette or in a newspaper of general circulation.

Signed this 13th day of April 2016 in Quezon City, Philippines.

FOR THE COMMISSION:

(SGD.) PATRICIA B. LICUANAN, Ph.D.Chairperson