DepEd Guidelines on the Renewal of Provisional Appointment of Senior High School Teachers

The Department of Education (DepEd) releases DepEd Order No. 34, s. 2021 dated August 25, 2021, on the Guidelines on the Implementation of the Civil Service Commission (CSC) Resolution No. 2100451 on the Reappointment (Renewal) of Provisional Appointment of Senior High School Teachers (SHS) First Hired in School Year (SY) 2016-2017 and Amendment to DepEd Order (DO) No. 51, s. 2017.

DepEd Order No. 34, s. 2021

The Department of Education (DepEd) issues the enclosed Guidelines on the Implementation of the Civil Service Commission (CSC) Resolution No. 2100451 on the Reappointment (Renewal) of Provisional Appointment of Senior High School Teachers (SHS) First Hired in School Year (SY) 2016-2017 and Amendment to DepEd Order (DO) No. 51, s. 2017.

The procedures, standards, and mechanisms stipulated in this Order shall guide all human resource management officers (HRMOs), appointing officers/authorities, teaching personnel, and other stakeholders on the reappointment of SHS provisional teachers who were first hired in SY 2016-2017, pursuant to CSC Resolution No. 2100451 promulgated on June 15, 2021. It shall likewise amend the relevant provisions of DO 51, s. 2017 titled Amended Qualification Standards for Senior High School Teaching Positions in the Technical-Vocational-Livelihood Track and Other Clarifications on the Hiring Guidelines, on the effectivity of provisional appointments relative to the official school calendar.

All DepEd Orders, rules and regulations, and other related issuances, which are inconsistent with this Order and its provisions, are repealed, rescinded, or amended accordingly.

This DepEd Order shall take effect immediately upon its publication in the DepEd website and shall be registered with the Office of the National Administrative Register (ONAR).

For more information, please contact the Bureau of Human Resource and Organizational Development, 4th Floor, Mabini Building, Department of Education Central Office, DepEd Complex, Meralco Avenue, Pasig City through email bhrod.hrdd@deped.gov.ph or at telephone number (02) 8470-6630.

Immediate dissemination of and strict compliance with this Order is directed.

Guidelines on the Implementation of CSC Resolution No. 2100451 on the Reappointment (Renewal) of Provisional Appointment of Senior High School Teachers First Hired in School Year 2016-2017 and Amendment to Deped Order No. 51, S. 2017

RATIONALE

Pursuant to the enactment of Republic Act (RA) No. 10533 or the Enhanced Basic Education Act of 2013 and Sec. 10(b) of the Civil Service Commission (CSC) Memorandum Circular (MC) No. 14, s. 2018 or the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), Revised July 2018, the Department has been hiring and appointing teachers in the Senior High School (SHS) under provisional status since the first implementation of SHS in 2016. RA No. 10533 allows DepEd to hire non-Licensure Examination for Professional Teachers (LEPT) eligible applicants who are graduates of science, mathematics, statistics, engineering, music, and other degree courses in the absence of qualified LEPT eligible to teach in specialized subjects SHS; provided, that they pass the LEPT within five (5) years.

Amid the supervening event that is the COVID-19 pandemic, including the postponement of the 2020 LEFT, the Department recognizes the issues raised by the concerned SHS teachers, who were granted provisional appointment upon their first hiring in 2016, and whom have yet to pass the LEPT.

To ensure the unimpeded delivery of basic education services and safeguard the welfare of almost 1,700 affected SHS provisional teachers, the Department of Education (DepEd) submitted an appeal to the CSC to allow the reappointment of the affected SHS provisional teachers, provided they could show proof that they have taken or attempted to take the LEPT at least once in the last five (5) years since 2016.

The CSC, as the central personnel agency of the Philippine Government governing actions on appointments and other human resource movements, issued the enclosed Resolution No. 2100451 dated 15 June 2021, authorizing the reappointment (renewal) of the provisional appointments issued to SHS teachers first hired in SY 2016-2017 and with existing provisional appointment for SY 2020 2021 for another school year (SY 2021-2022) under certain conditions.

To ensure the effective implementation of the aforementioned CSC Resolution, this policy is hereby issued to provide for the specific procedures, standards, and mechanisms for the reappointment (renewal) of SHS provisional teachers who were first hired in SY 2016-2017; and thereby amending specific provisions of DepEd Order (DO) No. 51, s. 2017 on the effectivity of provisional appointments granted by DepEd relative to the official school calendar.

SCOPE

This Order shall guide the human resource management officers (HRMOs), Appointing Officers/Authorities, teaching personnel, and other stakeholders in the reappointment (renewal) of SHS teachers first hired in SY 2016-2017 under provisional status but have yet to pass the LEPT within the five (5) year period allowable by law, reckoned from the date of first hiring, as promulgated in CSC Resolution No. 2100451 dated 15 June 2021.

The extension to the five (5) year period granted through CSC Resolution No. 2100451 and the conditions stated therein shall apply only to the affected SHS provisional teachers who were first hired in SY 2016-2017, particularly those whose appointment are dated on or before April 7, 2017 or the last day of SY 2016-2017 per DO No. 23, s. 2016 (School Calendar for School Year 2016-2017, as amended by DO No. 29, s. 2016).

It shall exclude all SHS provisional teachers whose first appointment are dated April 8, 2017 onwards, to include all those first hired in SY 2017-2018 and the succeeding school years. It shall likewise exclude all SHS provisional teachers occupying Special Science Teacher I (SST I) positions who were hired by virtue of RA No. 10612 (Fast Tracked Science and Technology Scholarship Act of 2013). The provisions of Sec. 10(b) of CSC MC No. 14, s. 2018 (ORAOHRA) and the five (5) year allowance period to pass the LEPT pursuant to RA No. 10533 shall remain in effect and applicable to those not covered by this extension, unless otherwise authorized by subsequent issuances.

The amendment to specific provisions of DO No. 51, s. 2017 particularly on the definition and effectivity of provisional appointment by virtue of CSC MC No. 14, s. 2018 (2017 ORAOHRA, Revised July 2018) and the specific publication requirements established by CSC in Resolution No. 2100451 shall apply to all existing provisional appointments and all succeeding provisional appointments to be issued by DepEd.

DEFINITION OF TERMS

For purposes of this Order, the following terms are defined and understood as follow:

Provisional

refers to an appointment issued to an appointee who meets all the requirements of the position except the eligibility but only in the absence of a qualified eligible actually available who is willing to accept the appointment, as certified by the Schools Division Superintendent. It shall not be effective beyond the school year during which it was issued. The appointment may be subject to reappointment (renewal). Scholar-graduates of the Merit Scholarship Program of the Department of Science and Technology – Science Education Institute (DOST-SEI) shall be allowed to teach on provisional status, which appointment may be renewed every school year but not to exceed four (4) years. (CSC MC No. 14, s. 2018, ORAOHRA).

Reappointment

refers to the issuance of an appointment as a result of reorganization, devolution, salary standardization, re-nationalization, recategorization, rationalization or similar events, including the following: (1) The issuance of appointment from temporary to permanent, career to non-career or vice versa, non-career to another non-career, all of which entails no gap in the service, shall be considered as reappointment. Non-career employees who are appointed for the first time in the career service under permanent status shall be required to undergo probationary period for six (6) months. (2) The renewal of temporary, contractual and casual appointment upon the expiration of the appointment or subsequent appointment of substitute teachers, which entails no gap in the service, shall be considered as reappointment. A temporary appointment may be renewed in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer/authority and provided that the performance rating of the employee is at least Satisfactory. […] (CSC MC No. 14, s. 2018, ORAOHRA).

Reemployment

refers to the appointment of a person who has been previously appointed to a position in the government service but was separated therefrom as a result of reduction in force, reorganization, retirement, voluntary resignation, or any non-disciplinary action such as dropping from the rolls and other modes of separation. Reemployment presupposes a gap in the service.

POLICY STATEMENT

It is the policy of DepEd to ensure the unhampered delivery of learning and safeguard the welfare of its personnel through the reappointment (renewal) of the affected SHS provisional teachers for another school year, subject to the standards and conditions set by the CSC. This DepEd Order hereby provides for the set of guidelines, procedures, and conditions that governs the reappointment (renewal) of provisional appointments of the SHS teachers first hired in 2016. It shall likewise amend and update specific provisions of existing DepEd Orders based on recent CSC issuances, rules, and regulations.

PROCEDURES

Implementation of CSC Resolution No. 2100451

In response to the appeal of the Department represented in the CSC Resolution No. 2100451 dated June 15, 2021, the CSC granted to allow the reappointment (renewal) of the provisional appointments issued to SHS teachers first hired in SY 2016-2017 and with existing provisional appointment for SY 2020-2021 for another school year (SY 2021-2022), subject to the following conditions:

a. The affected provisional teachers could show proof that they have taken the LEPT at least once in the last five (5) years;

b. There are no qualified LEPT eligible applicants in the DepEd Registry of Qualified Applicants (RQA), as certified by the Schools Division Superintendent (SDS); and

c. The provisional appointments may be terminated when qualified LEPT eligible applicants becomes available and willing to accept the appointments.

To implement the said Resolution, the following guidelines are hereby established:

a. The Resolution and the conditions specified above shall apply only to the affected SHS provisional teachers who were first hired in SY 2016-2017. The HRMO in the School Division Office (SDO) shall verify that the date of first hiring of those covered by these guidelines, as reflected in the face of their appointment, shall be on or before April 7, 2017 or the last day of SY 2016-2017 per DO No. 23, s. 2016 (School Calendar for School Year 2016-2017, as amended by DO No. 29, s. 2016)

b. For condition no. 1 l.a, the HRMO in the SDO shall validate and ensure that the concerned SHS teacher presents proof that they have taken the LEPT at least once in the last five (5) years.

A copy of the LEPT Examination Application Number or the Notice of Admission (NOA) generated by the Professional Regulations Board of the PRC, shall be provided by the concerned teacher and submitted accordingly to the HRMO.

c. In accordance with Sec. 8 of RA No. 10533 and Sec. 10(b) of CSC Memorandum Circular No. 14, s. 2018 (2017 QRAOHRA, Revised July 2018), and as emphasized in condition no. 1 l.b, the hiring of non-LEPT eligible applicants shall be allowed only when there is a shortage of qualified LEPT eligible applicants who are available and willing to teach in relevant specialized subjects in the SHS. The SDS, as the appointing officer/authority, shall certify that there are no qualified LEPT passers in the RQA and/or all other LEPT passers in the RQA who are qualified to teach in relevant specialized subjects have already been exhausted and appointed.

Item 2, Part H of DO No. 32, s. 2016 and its enclosure shall be used as basis and template for the certification for the appointment of Non-LEPT Passers.

d. To ensure compliance with condition no. ll.c, the CSC further establishes that the DepEd shall cause the publication and posting of the affected teaching positions before the end of SY 2020-2021 (July 10, 2021) and every six (6) months thereafter to invite qualified LEPT eligible applicants who shall undergo the selection process, subject to the applicable hiring guidelines.

Consistent with the Rule III of the CSC ORAOHRA, the following procedures shall be strictly observed by the HRMO and the Appointing Officer/Authority in the preparation of provisional appointments, provided that the SHS provisional teacher have met the conditions in the Part V.A of this Order:

a. The decision to reappoint (renew) the concerned SHS provisional teacher for another school year (SY 2021-2022) shall be rendered by the SDS as the appointing officer/authority and conferred to the HRMO, in accordance with the applicable guidelines and conditions set in this Order. The same shall be the basis of the HRMO in the preparation and submission of appointment papers and documentary requirements to the CSC Field Offices (FO).

b. All SHS provisional appointees who were first hired within SY 2016-2017 ending April 7, 2017 and whose five (5) year period has already expired or will expire within SY 2021-2022 may still be reappointed (renewed) in the coming SY 2021-2022 effective until June 24, 2022; provided they meet the conditions stipulated in CSC Resolution No. 2100451 as stated in this Order.

c. Affected SHS teachers first hired in SY 2016-2017 and whose existing provisional appointments in SY 2020-2021 have been terminated prior to the issuance of the CSC Resolution No. 2100451 may be reemployed subject to the guidelines and conditions set in this Order and other applicable CSC rules and regulations.

d. Nature of Appointment. Upon the issuance of CSC Form No. 33-A/33-B, provisional appointments which have already terminated before July 10, 2021, or the end of SY 2020-2021 shall be considered as reemployment; otherwise, said appointments shall be considered as reappointment.

The nature of appointment, which may be reemployment or reappointment, shall be indicated on the space in the appointment paper provided therefor.

e. Date of Signing and Period of Effectivity. The date of signing, which shall be the date of issuance and the date of effectivity of the provisional appointment, shall be indicated below the signature of the appointing officer / authority.

The approval of the provisional appointment for SY 2021-2022 of the affected SHS teacher shall be effected only by the appointing officer/authority, the effectivity of which shall not go beyond SY 2021-2022, in accordance with DO No. 029, s. 2021 or the School Calendar and Activities for SY 2021-2022; without prejudice to early termination before the end of SY 2021-2022 should there be LEPT eligible applicants who are qualified to teach in specialized subjects and available to take the position, who shall be required to undergo the selection process in accordance with the applicable hiring guidelines.

The HRMO shall be guided by the notation to be reflected in the face of the appointment paper of the affected SHS teacher under provisional status, to wit:

“Date of effectivity: to June 24, 2022 or the end of SY 2021-2022″

f. The appointing officer/authority shall be accountable in the appointments, and in responding to queries and complaints pertaining to the results of the reappointment (renewal) or reemployment.

The validity of the appointment of the affected SHS provisional teachers first hired on SY 2016-2017 shall only be effective until the last day of SY 2021-2022.

The five (5) year allowance period to pass the LEPT pursuant to RA No. 10533 and the relevant provisions of CSC MC No. 14, s. 2018 (2017 ORAOHRA, Revised July 2018) shall remain in effect and applicable to all SHS provisional teachers whose first appointment are dated April 8, 2017 onwards, to include all those first hired in SY 2017-2018 and. the succeeding school years, unless otherwise authorized by subsequent issuances.

Amendment to DO No. 51, s. 2017 and Other Clarifications

In consonance with Sec. 10(b) of CSC MC No. 14, s. 2018 (2017 ORAOHRA, Revised July 2018) which states that “(i]t shall not be effective beyond the school year during which it was issued,” and in consideration of sudden changes in the school calendar, the footnote of Item 1, Part III of the DO No. 51, s. 2017 on the definition of a provisional appointment, shall be amended and clarified as follows:

“For purposes of reckoning the effectivity of provisional appointments issued in a given year, the end of school year shall be based on the official DepEd issuance of school calendar for that specific school year.*

Relative thereto, all provisional appointments issued in a given year shall be effective until the end of school year during which it was issued based on the official school calendar as may be issued by DepEd. The provisional appointment issued can be terminated any time within the school year due to following conditions, as may be applicable:

a. When an LEPT eligible applicant who is qualified to teach in specialized subjects becomes available and willing to accept the appointment, subject to applicable hiring guidelines; and

b. When the provisional appointee has exhausted the five (5)-year period and has yet to pass the LEPT within that period as allowable by law, reckoned from the date of first hiring.

It is reiterated that the provisional appointment may be renewed in the absence of an applicant who meets all the qualification requirements of the position as certified by the SDS and provided that the performance rating of the employee is at least Satisfactory pursuant to Sec. 10(e)(2) of CSC MC No. 14, s. 2018 (CSC ORAOHRA).

To ensure continued search for qualified LEPT eligible applicants who may be qualified to teach in relevant specialized subjects, all SHS teaching positions held by provisional appointees shall be published every six (6) months reckoned from the date of issuance of the provisional appointment. This is to ensure that the continued employment of the non-LEPT eligible appointees under provisional status is corollary of the lack of LET eligible applicants in the SDO, as certified by the SDS, pursuant to the conditions as provided for in Sec. 8 of RA No. 10533, Sec. 10(b) of CSC MC No. 14, s. 2018 (2017 ORAOHRA, Revised July 2018), and CSC MC No. 20, s. 2002 (Revised Policies on Temporary Appointments and Publication of Vacant Positions).

The applicable laws and guidelines on publication and posting provided under RA No. 7041 (An Act Requiring the Regular Publication of Existing Vacant Positions in Government Offices) and CSC ORAOHRA shall apply. The affected SHS teaching positions, together with their corresponding qualification standards (QS) and plantilla item numbers, shall be published in the CSC website and posted in at least three (3) conspicuous places for a period of at least 10 calendar days. The publication and posting of affected SHS positions shall be prepared and certified by the HRMO through the submission of Civil Service (CS) Form No. 9, Revised 2018 in electronic and printed copies to the concerned CSC FO, subject to the Rule VII of CSC MC No. 14, s. 2018 (CSC ORAOHRA).

The publication of positions shall be valid until filled but not to extend beyond six (6) months reckoned from the date the position was published. The affected SHS position shall continue to be re-published and re-posted every six (6) months until a qualified LEPT eligible applicant becomes available and willing to take the appointment; unless otherwise the provisional appointee holding the position acquires LEPT eligibility.

It is clarified that should a provisional appointee pass the LEPT any time within the school year, the HRMO shall immediately facilitate the change in status of appointment from provisional to permanent. The provisional appointee shall no longer be required to undergo the hiring and selection process.

All other provisions on appointment stipulated in Agency Merit Selection Plan, applicable hiring guidelines, and rules and regulations as provided for in CSC MC No. 14, s. 2018 (ORAOHRA), as applicable, shall strictly be adhered to.

Monitoring and Evaluation

To ensure smooth implementation of this Order, the SDS, the HRMO, and other stakeholders shall regularly monitor strict adherence to these guidelines. They shall establish a systematic feedback mechanism and evaluate, address, and report implementation and policy issues that may arise.

The Human Resource Development Division of the Bureau of Human Resource and Organizational Development (BHROD-HRDD), together with its Regional Office (RO) – HRDD and HRD Section under School Governance and Operations Division (SGOD) in the SDO, shall regularly monitor and evaluate existing policies, guidelines, rules, and regulations on hiring. In addition, SDS may also submit to the RO-HRDD their policy recommendations whenever deemed necessary, for onward endorsement to BHROD-HRDD.

The result of the evaluation and consolidated recommendations from the SDOs shall be consulted with the CSC and other government agencies concerned.

The BHROD-HRDD shall recommend policy actions on the HR management rules and regulations to the Office of the Secretary that will serve the best the interest of the Department.

References

This Order is formulated on the basis of provisions stipulated in the following issuances:

a. Republic Act No. 10533, dated 15 May 2013, “Enhanced. Basic Education Act of 2013”;

b. CSC Memorandum Circular No. 14, s. 2018, “2017 Omnibus Rules on Appointments and Other Human Resource Actions, Revised July 2018”;

c. CSC Resolution No. 1200451 promulgated 15 June 2021, “CSC Resolution Department of Education re: Request for Reappointment (Renewal) of Provisional Appointments of SHS Teachers First Hired in SY 2016-2017”;

d. DO No. 51, s. 2017, Amended Qualification Standards for Senior High School Teaching Positions in the Technical-Vocauonal-Livelihood Track and Other Clarifications on the Hiring Guidelines;

e. DO No. 32, s. 2016, Addendum to DepEd Order No. 3, s, 2016; and

f. DO No. 3, s. 2016, Hiring Guidelines for Senior High School (SHS) Teaching Positions Effective School Year (SY) 2016-2017

Repealing Clause

All DepEd Orders, rules and regulations, and other related issuances, which are inconsistent with this Order and its provisions, are hereby repealed, rescinded, or amended accordingly.

All other provisions stated in DO No. 51, s. 2017 and other DepEd issuances that are not affected by this Order shall remain effective, unless otherwise amended by subsequent DepEd policies.

Separability Clause

If any provision of this policy or the application of such provision to any person or circumstance is declared invalid, the remainder of the policy or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Effectivity

This DepEd Order shall take effect immediately upon its publication in the DepEd website and shall be registered with the Office of the National Administrative Register (ONAR).

CONTINUE READING: CSC Resolution No. 2100451 on the Request for Reappointment of Provisional Appointments of SHS Teachers

DepEd Order on the Renewal of Provisional Appointment of Senior High School Teachers

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