Right of students to issuance of certificates, diplomas, grades, transcripts and similar documents

Oped Template Joseph Noel M. Estrada

EDUCATION is not a measurable commodity. It is not possible to determine who is better educated than another. Nevertheless, a student’s grades are an accepted approximation of what would otherwise be an intangible product of countless hours of study.

The importance of grades cannot be discounted in a setting where education is generally the gate pass to employment opportunities and better life; such grades are often the means by which a prospective employer measures whether a job applicant has acquired the necessary tools or skills for a particular profession or trade.

Thus, students expect that upon satisfaction and completion of academic standards and completion of requirements, the school would reward them by recognizing their completion of the course, and this is evidenced by diplomas, certificates and other school credentials.

This right of students to issuance of official records arises only upon satisfactory compliance with school policies, both academic and nonacademic.

For colleges and universities, the school record of every student shall contain the final rating in each subject with the corresponding credits or the action thereon. A student enrolled in a college shall be entitled to transfer to another institution, provided that he has no unsettled obligation to the institution, or is not under suspension by the institution or expulsion imposed by the Commission on Higher Education. The institution shall provide any eligible student who applies for transfer with transfer credentials appropriate for admission in another institution. The records must be signed by the school registrar.

In case of transfer of a student to another educational institution, the admitting institution shall, upon receipt of the transfer credentials, request in writing for the complete school records or transcript of record of the student from the institution last attended. The school records should not be given to the transfer student unless authorized in writing by the admitting institution requesting for the records. Transfer credentials shall be transferred by the school last attended only once to the admitting higher education institution requesting for the said records.

It shall be the duty of the college or university to release the school records of a student who has no outstanding property and/or financial obligations to the institution, or is not under penalty of suspension or expulsion.

For K to 12 schools, the school record of any transferring student sent by one school to another should contain the final rating in each subject. Upon submission and acceptance of the transfer credential, the admitting school shall request in writing for the complete school records of the pupil or student from the school last attended. The latter school shall forward such records directly to the school within 30 days from receipt of the request. The school records should not be given to the pupil or student unless authorized in writing by the school requesting for said records.

A student may not be issued his certificate of eligibility to transfer at the end of the school year for failure to satisfactorily settle his financial or property obligations to the school. The certificate of eligibility to transfer, however, shall be released to the student as soon as he or she settles his financial or property obligations.

In relation to this, Republic Act (RA) 11984, or the No Permit, No Exam Prohibition Act, mandates educational institutions to accommodate students during examinations despite their unpaid obligations, subject to certain conditions under the law. Section 4 of the Act provides that all public and private educational institutions are mandated to allow disadvantaged students, who are unable to pay tuition due to calamities, emergencies, force majeure and for good cause shown, to take the scheduled periodic and final examinations without being required a permit.

The educational institution may, however, voluntarily, without need of the certification, allow a disadvantaged student with outstanding fees to take examinations. It is clear, however, that RA 11984 does not operate to write off the financial obligations of students but merely saves them the undue trauma, embarrassment and stress of being excluded from periodic examinations.

If, despite the accommodation extended to the students, the latter still fail to settle the obligation, the school is empowered by the Act to withhold their records and credentials until full settlement of their outstanding obligation has been made.

The author regularly holds The Legal Mind Executive Sessions for teachers and school administrators. Email [email protected].