Establishment of extension classes/academic programs

(Conclusion)

5.2. Procedures for filing application to operate an extension classes/academic program:

5.2.1 An HEI intending to offer an extension classes/academic program shall file its application, with the Office of the CHED Chairman through the Regional Office (CHEDRO), which has jurisdiction over the main campus one year prior to the intended operation of the program.

5.2.2. Upon receipt of the application, the concerned CHEDRO shall transmit the application to the Office of the Executive Director within seven (7) working days upon receipt thereof, which shall refer the said application to the Office of Programs and Standards.

5.2.3 Immediately upon receipt of the application, the OPS shall conduct document evaluation and appropriate processing. If found compliant, a composite team shall be constituted composed of OPS staff in-charge of the program, concerned Technical Panel or Technical Committees and a representative from the Regional Office which has jurisdiction over the site of operation of the applicant to check and verify its compliance with the provisions of the Policies and Standards governing the operation of the program applied for.

5.2.4. Other appropriate and applicable procedures adopted in the evaluation of programs for permit may be applied in the case of extension programs.

5.2.5 Authority to operate academic programs through extension shall be issued by the Office of the Chairman.

Rule IV
Site of operation and issuance of special order

Section 6. School Site for the Extension Classes/Academic Program. In the selection of prospective site of operation, consideration should be given, among others, to such factors as total floor area required for occupancy at any one time, traffic situation in the vicinity, a reasonable distance from other schools already existing but not less than 50 kilometer radius, and location and distance from distractive establishments such as cockpits, dancing halls, bars, or recreational places or questionable character, bowling alleys, movie houses, markets, garbage dumps, funeral parlors, jails, cemeteries and others.
Section 7. Issuance of Special Order of Graduation. In compliance with the provisions of Section 86 [Enrollment List and Other Information], Article XVIII, and Section 110 [Special Orders], Article XXIII of CMO No. 40, series of 2008, otherwise known as the “Manual of Regulations for Private Higher Education of 2008,” the main campus of the applicant educational institution for government authority to operate extension program/class shall be responsible in furnishing the CHEDRO which has jurisdiction over the said campus with an enrollment list and other relevant information, which have been one of the usual bases of the Commission in the issuance of Special Order of Graduation. Moreover, the CHEDRO, which has jurisdiction over the site of operation, shall be responsible in monitoring the operation of the program and likewise transmit to the CHEDRO concerned with jurisdiction to the main campus the result and report of monitoring. In the case of public HEIs, they shall likewise furnish the CHEDRO with the said documents for records purposes.

Rule V
Administrative provisions

Section 8. Sanctions. Persons/Officers Liable. Any HEI found violating any provision of this CMO and other related and applicable laws, rules and regulations shall be subjected to the appropriate criminal and administrative proceeding including the imposition of sanctions, but not limited to, the withdrawal or revocation of authority to operate the educational program, phase-out of program, recommendation for the withdrawal of accreditation and closure of the HEI/program pursuant to Section 8 (e) of R.A. 7722.

In no case shall students be misplaced as a result of the sanctions imposed by the Commission. Students affected as a result of the immediate termination of educational programs shall be assisted in transferring to another HEI.

If the act is committed by a school corporation, the school head together with the person or persons responsible for the offense or violation shall be equally liable.

Section 9. Transitory Provision. Higher Education Institutions, both private and public, with an on-going extension academic programs via consortium arrangement with another HEI which failed to comply with the provisions of this CMO are hereby given a grace period of one [1] year within which to comply with the said provisions. Otherwise, a Cease and Desist Order shall be issued by the Commission in accordance with the pertinent rules and after due process.

Section 10. Repealing Clause. CHED Order No. 26, s. 1995 [otherwise known as “Policies and Guidelines for Extension Classes”] and all CHED issuances, which are contrary to or inconsistent with any of the provisions herein, are hereby deemed repealed.

Section 11. Separability Clause. If any part or provision of this CMO shall be held invalid or illegal by competent authority, other provisions thereof, which are not affected thereby, shall continue to be in full force and effect.

Section 12. Effectivity. This Order shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation, as required by law. –FELIZARDO Y. FRANCISCO, Manila Times

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