In accordance with the pertinent provisions of Republic Act (RA) No. 7722, otherwise known as the “Higher Education Act of 1994,” by virtue of Commission Resolution No. 018-2002 and the implementation of Transitory Provision stated in CMO 35, Series 2000 (Article 5, Section 17) “Updated Policies and Guidelines on Open Learning and Distance Education (OLDE),” the following are hereby adopted:

1. MORATORIUM on the opening of new programs offered via OLDE

A moratorium is hereby declared in the offering of new programs via OLDE effective SY 2002-2003 pending the results of the first monitoring and evaluation to be conducted by the Technical Committee of Reviewers on the Open Learning and Distance Education (TC on OLDE). Center(s) of Excellence for OL/DE shall be exempted from this moratorium.

Any of the institutions offering OL/DE programs that are found to satisfy the requirements stated in CMO, 35, s. 2000 shall be allowed to continue to operate. Non-complying programs shall be given until November 2003 to satisfy the provisions of CMO 35, s. 2000.

Institutions with graduating students of non-complying OL/DE programs in SY 2002-2003 shall request from CHED corresponding special orders for graduation.

2. MONITORING AND EVALUATION of higher education institutions

There will be a monitoring and evaluation of all higher education institutions both public (state universities and colleges) and private offering OL/DE programs from February to August 2002. In view of this, HEIs concerned are requested to submit list of OL/DE programs being offered.

For information and compliance of everyone concerned.

Pasig City, Philippines, February 05, 2002

(SGD) ESTER ALBANO-GARCIA
Chairperson

Republic of the Philippines
OFFICE OFTHE PRESIDENT
COMMISSION ON HIGHER EDUCATION

CHED MEMORANDUM ORDER (CMO)
No. 06
Series of 2003

SUBJECT: POLICIES AND GUIDELINES ON TRANSNATIONAL EDUCATION

In accordance with the mandate of Republic Act (RA) No. 7722, otherwise known as “Higher Education Act. of 1994,” pursuant to the pertinent provisions of the 1987 Constitution, the Education Act of 1982, the Manual Regulations for Private Schools and by virtue of CHED Resolution No.048 dated February 17, 2003 and other relevant policies and guidelines on the establishment of schools in die country, this set of POLICIES AND GUIDELINES ON TRANSNATIONAL EDUCATION is hereby adopted and promulgated by the Commission for the guidance of all Higher Education Institutions (HEIs), thus:

ARTICLE I
STATEMENT OF GENERAL PRINCIPLES AND POLICIES

1. The Commission on Higher Education recognizes that globalization, changing foreign

policies, and liberalization of trade in goods and services worldwide have created a climate for borderless teaching and learning as well as expanded the opportunities for transnational education which includes but is not limited to the establishment of universities and colleges abroad, higher education franchising, and distance education.

2. This phenomenon, together with the rapid developments in information and communications technology, promotes access to foreign qualifications, degrees, certificates and diplomas. It also encourages universities, colleges and training institutions to offer credits and degrees in a borderless environment

3. The Commission on Higher Education is mandated to preserve and protect the rights of all Filipino citizens to quality and affordable education, to improve the quality and international comparability of higher education programs and institutions, and to facilitate the development of a human resource base responsive to the demands of the times.

4. The Commission hereby establishes the POLICIES AND GUIDELINES ON TRANSNATIONAL EDUCATION. The policies and guidelines herein set forth shall define the scope, procedures, the extent of regulation as well as the mechanics of recognizing foreign educational higher education providers and their courses of study/curricular programs offered in the country.

ARTICLE II
DEFINITION OF TERMS

For the purposes of these Policies and Guidelines:

1. Curricular Guidelines shall refer to a set of guidelines issued by CHED prescribing the minimum requirements for undergraduate, graduate and post-graduate degree/s or course/s.

2. Courses of Study refers to subjects that. constitute an academic program.

3. Academic Program shall refer to a set of courses of study the completion of which leads to a degree.

4. Foreign Higher Education Provider (FHEP) refers to foreign-owned and duly recognized higher education institution following or abiding a prescribed system of education duly registered in a country other than the Philippines.

5. Franchiser/Resident Agent/Broker Representative shall refer to a SEC registered and accredited entity authorized to procure, install, maintain, market or deliver educational programs or materials from a FHEP.

6. Local Learning/Tutorial/Information Center refers to the site/s within the host country, in this case, the Philippines, to be used in marketing or delivery of foreign licensed educational programs or materials.

7. Transnational Education refers to the real or virtual movement of teachers, students, courses of study, and academic programs from one country to another.

8. Distance Education shall mean a mode of educational delivery whereby teacher and learner are separated in space and time and instruction is delivered through specially designed materials and methods and is supported by organizational and administrative structures and arrangements. Distance education may utilize various types and combinations of print-and non-print-based learning methods. Face-to-face tutorials or virtual discussion groups may support learning.

9. Accreditation refers to the recognition given by national, regional or international accrediting agencies to educational programs or institutions based on acceptable levels of quality and performance.

10. Presence of Business shall include advertisement, opening of offices whether tutorial centers or branches, appointing representatives or who in any calendar year for a period of 180 days or more, participating in the management, supervision and control of educational programs and other related acts.

ARTICLE III
OBJECTIVES

1. Define and describe existing and emerging models of transnational education.

2. Provide the guidelines on the establishment and operation of foreign higher educational providers in the Philippines.

3. Provide the policy environment for the effective integration of quality higher education programs in the country so as to promote models of innovation in teaching and learning strategies and school administration.

4. Promote the development and utilization of modern and innovative modes of transmitting knowledge using various technologies and media.

ARTICLE IV
CATEGORIES OF TRANSNATIONAL EDUCATION

The Commission on Higher Education has the prerogative to determine and specify the modes of transnational education program, which may be subject to appropriate policies, guidelines and regulations. The categories of transnational education are as follows:

1) DISTANCE EDUCATION. This type of education program may be offered solely by an FHEP or in partnership with a local agency or higher education institution as follows:

A. The academic programs offered directly by FHEP with no local representative/partner (e.g. via the Internet)

The academic programs are completely offered by the FHEP without employing a local partner. Credits and degrees are granted solely by the FHEP.

B. The academic programs are offered by FHEP with a local representative/partner.

Under this category, local learning centers may be established to provide student services such as student information, registration and related services. Local individuals may also be hired as tutors. Credits and degrees are granted solely by the FHEP.

C. Distance education programs offered jointly by FHEP and Philippine HEI.

Under this scheme, the FHEP enters into a consortium or partnership with Philippine public or private HEI. Instruction may be supplemented by tutorials conducted in local learning centers. The FHEP and the Philippine HEIs grant the credits and degrees jointly.

D. Franchised distance educational program/courses.

Under this scheme, a local HEI uses educational programs/courses owned by a FHEP under license agreement from the FHEP and in accordance with the established standards and policies of the FHEP. The local HEI grants the degree/certificates.

2) FOREIGN EDUCATIONAL PROGRAMS OFFERED IN THE CONVENTIONAL MODE.

Conventional programs are classroom-based and require physical attendance by students.

A. Conventional programs offered by FHEP thru a local branch or satellite campus.



Under this scheme, the FHEP establishes a branch or satellite campus in the host country in accordance with pertinent laws, rules and regulations, policies, standards and guidelines of such host country. Academic degrees are awarded by the FHEP.

B. Conventional programs offered by FHEP thru a local representative/partner/ broker/franchiser.

Under this category, the FHEP offers academic programs through a franchise arrangement with a local partner or higher education institution for the conduct of its academic programs. Degrees are granted by the FHEP.

C. Franchised foreign educational programs/courses

Under this scheme, Foreign Educational Program/Courses offered by the local HEI conducts the courses and programs under license from the FHEP in accordance with the established standards and policies of the FHEP. The local HEI grants the degree/certificates.

ARTICLE V
SCOPE AND COVERAGE

As a general rule, this set of policies and guidelines shall cover all FHEPs and their local representatives/partners/franchisers, training institutions, Philippine public and private HEIs, other entities operating transnational education programs described in Article IV including other similar modes which maybe determined or specified by the Commission on Higher Education in the future.

ARTICLE VI
GENERAL IMPLEMENTING GUIDELINES

General Rule. Only FHEPs recognized by their respective governments as quality higher education providers and accredited by a recognized accrediting body in the country of origin or its equivalent maybe given government authority where it is required to offer undergraduate, graduate and post-graduate degrees.

No FHEP shall be allowed to establish its branch without approval of the CHED and appropriate registration required in the Philippines.

All undergraduate, graduate and post-graduate academic programs of an FHEP offered in the Philippines shall be operated or conducted in accordance with existing Philippine laws, rules and regulations and shall be subject to regulation and supervision by the Commission on Higher Education.

ARTICLE VII
SPECIFIC IMPLEMENTING GUIDELINES AND PROCEDURES

1. FOREIGN EDUCATIONAL PROGRAMS OFFERED BY DISTANCE EDUCATION

A. For academic programs offered directly by an FHEP with no local representative/partner (e.g. via the Internet).

The FHEP conducting or offering distance education programs or courses of study as described in Article IV, Section 1A, shall be monitored by the Commission in order to give information to the public on their program offerings and accreditation status in their country of origin.

B. For academic programs offered by an FHEP with a local representative/partner (e.g. via the internet).

The local partner of an FHEP in the delivery of distance education programs as described in Article IV, Section 1B shall be required to seek appropriate SEC registration upon recommendation of the CHED Central Office.

The Commission on Higher Education shall monitor these providers and their local partners in order to give information to the public on their program offerings and accreditation status.

C. Distance education programs offered jointly by an FHEP and a Philippine HEI and or by a Phil HEI under a franchise agreement.

Distance education providers under categories described in Article IV, Sections 1C and 1D are required to comply with CMO No. 35 series of 2000 entitled “Updated Policies and Guidelines on Open and Distance Learning”.

2. FOREIGN EDUCATIONAL PROGRAMS OFFERED IN THE CONVENTIONAL MODE. This refers to educational programs offered by foreign providers that are conducted in the conventional face-­to-face, classroom-based mode.

A. Conventional programs offered by FHEP thru a local branch or satellite campus

Under this category, the FHEP shall be required to seek appropriate government authority to offer higher education programs considering the following:

1) Compliance with constitutional requirements on the ownership of business operations

2) Compliance with policies, standards and guidelines of CHED as also applied to Philippine HEIs

B. Conventional programs offered by FHEP thru a local representative/partner/ broker/franchiser.

The local representative/partner/broker/franchiser shall be required to:

1) Seek appropriate SEC registration upon recommendation of the CHED Central Office.

2) Seek CHED authority on the academic program to be offered following appropriate policies, standards and guidelines.

C. Franchised foreign educational programs/courses

Philippine HEIs may use educational programs, courses, or instructional materials developed and owned by an FHEP as long as they have the required permit or license from the FHEP and provided they comply with the policies, standards and guidelines of CHED for curricular offerings.

ARTICLE VIII
APPLICATION PROCEDURES AND GUIDELINES

For transnational programs described in this CMO, the issuance of permit to operate academic program or certificate of recognition shall be governed by the following general procedures:

1. The FHEP or its representative, as the case may be, shall file with the Office of Programs and Standards its application for permit to operate or recognition of the program, along with the submission of all requirements;

2. The Office of Programs and Standards shall evaluate the documents and conduct. inspection as appropriate. If compliance is incomplete, no favorable action is taken by OPS. If there is full compliance based on the inspection report, the OPS recommends favorably to the Commission En Banc.

3. If approved by the Commission En Banc, the permit to operate or certificate of recognition shall be issued.

ARTICLE IX
PERIOD OF VALIDITY OF REGISTRATION
OF TRANSNATIONAL EDUCATION PROGRAMS

The permit/recognition granted to FHEP and other concerned entities covered under Article IV hereof shall continue to be valid unless expressly revoked for valid reasons by the Commission on Higher Education pursuant to the pertinent provisions hereof.

ARTICLE X
BENEFIT OF REGISTRATION

The issuance of permit/recognition to a for a particular academic program/course of study has the following benefits:

1. It entities the education provider to give the students who have completed all requirements of the program, the course certificate or diploma recognized by the Commission on Higher Education.

2. It entitles the graduate professional or employment recognition in the county.

ARTICLE XI
REVOCATION/WITHDRAWAL OF REGISTRATION

The phase out or closure of any educational program operated by FHEP may be ordered by the Commission for valid cause pursuant to existing laws, rules, policies and regulation and after due process. The school shall be duly notified in writing by the CHED.

ARTICLE XII
ADVERTISEMENT

Any advertisement or announcement referring to the program or courses of study being offered shall be done only after the FHEP shall have obtained the required permit from the Commission on Higher Education. It is unlawful for any school to advertise or cause the publication of any advertisement or announcement before a permit to operate is granted.

ARTICLE XIII
SANCTIONS

The operation of any school or educational program or course of study, the operation of a foreign based school branch or extension, the operation of any entity presenting itself as a school when it is not legally established as such, or the issuance of any certificate, degree or other title by a school without prior permit or authorization issued by the Commission, are hereby declared to be punishable acts subject to civil and criminal penalties and administrative sanctions as provided by law.

ARTICLE XIV
TRANSITORY PROVISIONS

An FHEP operating degree programs in various categories in the country shall comply with the provisions of this CMO within a year from the approval of this policy. However, new FHEPS and local partners shall comply with the provisions of this CMO upon application.

ARTICLE XV
APPROVAL AND EFFECTIVITY

This set of policies and guidelines is hereby approved and shall take effect EFFECTIVE FIRST SEMESTER 2003-2004, Pang City, Philippines ___________ 2003.

SO ORDERED,
Pasig City, Philippines _________April 9, 2003_______.
SGD.) ESTER A. GARCIA
Chairman

CHED MEMORANDUM ORDER
NO. 35
Series of 2000

SUBJECT : UPDATED POLICIES AND GUIDELINES
ON OPEN LEARNING AND DISTANCE EDUCATION

In accordance with the pertinent provisions of Republic Act (RA) No. 7722, otherwise known as the “Higher Education Act of 1994”, per Resolution No. 204-2000, and for the purpose of rationalizing Open Learning and Distance Education (OL/DE) in the country, the following updated policies and guidelines on open learning and distance education are hereby adopted and promulgated by the Commission. Thus:

ARTICLE I
GENERAL POLICY

Section 1. Section 1, Article XIV of the 1987 Philippine Constitution mandates that the States shall “protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make education accessible to all.” Furthermore, Section 2, Article XIV of the same provides that the State shall “established, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society, and that the State shall encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to the community needs.”

Section 2. CHED is mandated to maintain and uphold the ideals of quality and excellence in all Higher Education Institutions (HEIs).

Section 3. CHED takes cognizance of the need to make quality education accessible to a greater number of qualified Filipinos.

Section 4. CHED recognizes the education and acquisition of higher learning take place both within and beyond the confines of classrooms.

Section 5. CHED recognizes that non-formal and informal learning systems complement the formal system.

ARTICLE II
DEFINITION OF TERMS

Section 6. Open Learning and Distance Education (OL/DE) are alternative systems of education. They emphasize the opening of opportunities by overcoming barriers that result from geographical isolation, personal or work commitments or conventional course structures which have often prevented people from realizing their educational goals.

Section 7. Open Learning (OL) is a philosophy of learning that is learner-centered and flexible, enabling learners to learn at the time, place and pace which satisfies their circumstances and requirements.

Section 8. Distance Education (DE) is a mode of educational delivery whereby teacher and learner are separated in time and space and instruction is delivered through specially designed materials and methods and supported by organizational and administrative structures and arrangements.

Section 9. The CHED definitions of a university, school, and institution shall remain. See the full text of the definitions on Annex A.

ARTICLE III
IMPLEMENTING GUIDELINES

Section 10. Qualification of HEIs

10.1 CHED identified Centers of Excellence (COEs)/Centers of Development (CODs) and/or recognized HEIs with Level III Accreditation or CHED equivalent in the program applied for shall be allowed to offer OL/DE Programs subject to specific policies and guidelines provided in this policy.

Section 11. Components of Open and Distance Learning

11.1 Curriculum Development

11.1.1 An Institution shall go through a two-step process to earn approval for OL/DE Programs. The process shall be implemented by the Central Office after the CHED Regional Office (CHED-RO) transmitted the application to the CHED-Office of Programs and Standards (OPS). The process includes recommendation for approval of content from the Technical Panel for the Discipline and recommendation for approval of the delivery system from the Technical Committee for OL/DE and approval of the Commission.

11.1.2 The system of assessment of learners’ performance in every course shall be part of the curriculum submitted to the Commission for approval upon recommendation of Technical Panels.

11.2 Materials Development

11.2.1 The instructional materials development component of OL/DE focuses on the preparation of learning packages in print and non-print forms. Specifically, its areas of concern are:

Choice of media to be used by various content points developed by the subject matter specialist group;

Development of media designs, formats and approaches;

Actual technical production of prototypes;

Pretest of these prototypes and mass production of revised prototypes, for distribution by the student support component.

Packaged materials may be included provided these meet the requirements that have been set on this policy.

Concretely, therefore

11.2.2 The Institution shall prepare a set of well-written, well-structured and well-tested developmental and appropriate instructional materials for every course.

11.2.3 The Institution shall provide a pool of qualified subject matter specialist with at least a Masters Degree in the subject area they are assigned to develop, instructional design specialist, course writers and production design specialists.

11.2.4 The institution shall submit to CHED its self-instructional materials at least one year prior to the intended opening of the program. Or, the Institution may opt to submit its self-instructional materials on a yearly basis at least one year prior to the intended opening of the program.

11.2.5 The self-instructional materials shall be evaluated by a CHED-Technical Committee of Reviewers.

11.2.6 The self-instructional materials shall undergo approval following a two-step process, namely, approval for recommendation from the Technical Committee of Reviewers for Content and approval for recommendation from the Technical Committee of Reviewers for Delivery System.

11.2.7 The Institutional shall undertake a periodic internal review, evaluation and updating process for all its instructional materials.

11.3 Delivery Mode/ Strategies

11.3.1 OL/DE may be delivered by way of the following media; print, radio, audio-video cassette tapes, television, telephone, computer software, CD-ROM, on-line delivery services, correspondence feedback, face to face sessions, etc.

11.3.2 OL/DE may be delivered by: autonomous OL/DE institutions or independent OL/DE department s of a conventional or traditional institute, college or university or OL/DE departments of different institutions (consortium model).

11.4 Student Assessment

11.4.1 OL/DE institutions shall prepare a set of validated instruments or assessment process on performance standards to gauge the learner’s progress in the course. Frequency of academic assessment/evaluation and the manner in which these are administered must also be indicated.

11.4.2 The Institutions, through its duly authorized representative, shall conduct the final evaluation of the learner’s performance for every course [1] face-to-face at the Learning Center or at a designated venue.

11.5 Student Support Services

11.5.1 The Institution shall maintain faculty-student-dialogue in strategic sites and/or establish Learning Centers or Linkages with other HEIs to ensure greater access to its clientele for admission, tutorial, counseling, testing and evaluation activities.

11.5.2 The Institution shall provide clear admission policies and procedures for applicants in line with CHED standards.

11.5.3 The Institution shall provide for an efficient and reliable communication system and media support including equipment and facilities.

11.5.4 The Institution shall show evidence of regular monitoring of learners’ progress.

11.5.5 The Institution shall provide library and learning resources for the students.

Section 12. Management and Administration of Distance Education and Open Learning

12.1 Program Management

12.1.1 The Institution shall designate a competent key person who will manage the program.

12.1.2 Applicants must satisfy the entrance requirements of the Institution.

12.1.3 OL is only for graduate programs.

12.1.4 Management of OL must develop a strong institutional ethos and management systems for the institution. CHED requires of OL programs the following:

A clear institutional policy and procedures for managing information, guidance and enrolment – (e.g. duration of the study, system of equivalency for academic credit accreditation, required contacts between mentor and learner, ration between mentors and learners, etc.)

A clear institutional policy and procedures for managing learning resources – (e.g. use of wide range of information/communication technology, system of networks with other institutions and agencies, etc.)

A clear institutional policy and procedures for managing mentor and learner support systems.

A clear institutional policy and procedures for managing assessment system – (e.g. monitoring learning accomplishment, quality assurance measures, etc.)

ARTICLE IV
ROLE OF CHED

Section 13. The Commission on Higher Education shall create a Technical Committee for OL/DE to evaluate the delivery system and instructional materials for OL/DE and make the appropriate recommendation for approval to the Commission.

Section 14. The Commission on Higher Education shall conduct periodic monitoring and evaluation of OL/DE Programs offered by HEIs.

Section 15. The initial authority to operate is a Permit followed by Recognition which includes granting of diplomas, degrees and other entitlements. However, if all requirements are met at application, the Recognition may be immediately granted. This authority shall be granted solely by CHED Central Office on recommendation of the Technical Committee for OL/DE.

Section 16. CHED shall encourage voluntary accreditation. It will recognize only one body of CHED – recognized institutions offering Open Learning and Distance Education programs. This body shall be responsible for:

16.1 Formulating the standards of accreditation; and

16.2 Issuing accreditation status as defined by the standards.

ARTICLE V
TRANSITORY PROVISION

Section 17. HEIs operating OL/DE programs whose recognition was granted by the DECS prior to the creation of CHED and CHED Order No. 27, s.1995 shall retain their recognition. However, new OL/DE programs introduced by these HEIs shall comply with the provisions of this CMO. Compliance to the new requirements specified in this policy by all existing OL/DE programs must be completed within three (3) years from the approval of the policy.

ARTICLE VI
REPEALING CLAUSE

Section 18. This CMO supersedes the CHED Order No. 27, s. 1995 on the Policies and Guidelines on Distance Education.

ARTICLE VII
COVERAGE

Section 19. This CMO does not apply to Extension Classes which is covered by a separate Policies and Guidelines in CHED Order No. 26, s, 1995.

SO ORDERED,
Pasig City, Philippines November 27, 2000
(SGD) ESTER ALBANO-GARCIA
Chairperson

[1] Applicable technology should be used like video-conferencing