In view of the forgoing circumstances, this Department hereby amends DepEd Order No 21 S. 2005 and issues these Revised guidelines on the Transfer of Teacher from one station to Another.
While efforts shall be exhausted to secure the consent of a teacher to be transferred, there are certain conditions which can validly be considered as in the exigency of the service and transfers may be made even without the consent of the teacher. These include the following:
a. When the pupil-student teacher ratio of the school is below 35:1 for Elem and 27:1 for secondary level except when the school is implementing multigrade classes;
b. When there is a considerable decrease in enrollment in certain schools arising from evacuation due to armed conflict, national disaster, resettlement of families, closure of large private firms in the area and other similar circumstances or
c. when the teacher is declared excess by the principal or school head and his or her expertise/area of specialization is needed in another school, district or division.
As such, in the event that teachers are transferred in the exigency of the service, the ff may serve as a guide in the decision on whom to transfer:
- Teachers who were last to be hired (Last in, First out)
- Non-residents of the baragay or municipality where the school is located;
- Residents of the barangay or municipality of the proposed recipients school or
- Secondary school teachers teaching subject other than their areas of specialization.
Should teachers identified in Paragraph No. 3 and 4 desire not to transfer, they shall be given additional assignment shuch as remedial and summer classes, work related to Alternative Delivery Mod, tasks concerning Alternative Learning systems and other assignments that their respective SH may deem proper.
On the other hand the ff situation should be given priority when teachers are seeking transfer to another station which is in need of additional teachers
- When the teacher is declared excess by the SH and or his - her expertise/area of specialization is needed in another school/district/division;
- The teacher has served for more than 5 years outside his/her home barangay/municipality.
- The teacher is a bonafide resident of the barangay, municipality, city, or province where the school is located (RA No. 8190, Localization Law) as evidenced by the teacher's Voter's ID;
- The teacher is joining his/her husband/wife in the same school (Ra no 4670)
- She is a nursing mother (PD No603, Child and Youth welfare Code)
- The teachers life is in danger due to armed conflict, hostilities or other similar circumstances in the area where the school is located.
- He/She is in poor health condition as evidenced by pertinent medical records to that effect.
The Division Planning Unit shall ensure that the transfer of teachers in their respective divisions are properly recorded and processes in the EBEIS and its effect on pupil/student - teacher ratio is analyzed.
Anyone found guilty of violating any of the previsions of these guidelines or any part hereof shall be charged administratively pursuant to RA No. 6713 otherwise known as the Code of Conduct and Ethical Standard for Public officials and Employees and other relevant laws, rules and regulations.
These guidelines shall be construed consistent with the Administrative Code of 1987 and with Ra No 4670 otherwise known as the Magna Carta for Public School Teachers.
These guidelines hereby amend DepEd Order No. 21 s. 2005. Other rules, regulations and issuance which are also inconsistent with these guidelines are hereby repealed, rescinded or modified accordingly.
These guidelines shall take effect immediately upon Approval