Introduction

In the Philippine education system, the Department of Education (DepEd) oversees the administration of basic education, including the management of student records. Form 138, commonly known as the Student's Report Card or Permanent Record, is a critical document that details a learner's academic performance, attendance, and conduct for each grading period or school year. It serves as an official transcript of a student's progress and is essential for various purposes, including enrollment in higher education, employment, and, most relevantly, transferring to another school.

When a student transfers from one school to another—whether within the public system, from public to private, or vice versa—the timely release of Form 138 is governed by specific DepEd rules and regulations. These rules aim to ensure the smooth transition of learners, protect their right to education, and prevent undue delays or obstructions by originating schools. This article comprehensively examines the legal framework, procedures, rights, obligations, and potential remedies related to the release of Form 138 during school transfers, drawing from pertinent DepEd issuances, Republic Acts, and administrative guidelines in the Philippine context.

Legal Basis

The rules on releasing Form 138 are anchored in several key legal instruments that emphasize the right to education and the efficient administration of student records:

1987 Philippine Constitution: Article XIV, Section 1 mandates that the State shall protect and promote the right of all citizens to quality education at all levels and take appropriate steps to make such education accessible to all. This constitutional provision underpins the prohibition against actions that hinder a student's transfer, such as withholding academic records.
Republic Act No. 9155 (Governance of Basic Education Act of 2001): This law vests DepEd with authority over basic education policies, including the standardization of student records. It emphasizes decentralization but requires uniformity in handling transfers to ensure equity.
Republic Act No. 10173 (Data Privacy Act of 2012): While not directly regulating Form 138 release, this act governs the processing of personal information in student records, ensuring that schools handle and release such data responsibly, with consent where necessary, but without impeding legitimate transfers.
DepEd Order No. 8, s. 2015 (Policy Guidelines on Classroom Assessment for the K to 12 Basic Education Program): This order details the preparation and issuance of Form 138, specifying that it must reflect the learner's achievement based on DepEd's grading system. It implicitly requires prompt release for transfers.
DepEd Order No. 54, s. 2009 (Revised Guidelines on the Transfer of Learners' School Records): This is a cornerstone issuance that explicitly outlines procedures for transferring student records, including Form 138. It mandates that schools release records within a reasonable period to facilitate seamless enrollment.
DepEd Order No. 11, s. 2018 (Guidelines on the Preparation and Checking of School Forms): This updates the format and content of Form 138 (now often referred to as SF9 or SF10 in the K-12 system, but traditionally still called Form 138). It requires schools to maintain accurate records and release them upon request.
DepEd Memorandum No. 52, s. 2016 (Guidelines on the Release of School Records): This memorandum reinforces that no school shall withhold the release of Form 138 or other records due to unpaid fees, unsettled accounts, or administrative issues in public schools, aligning with the free public education policy.

Additional relevant issuances include DepEd Order No. 58, s. 2017, which addresses learner information systems, and various regional memoranda that adapt these rules to local contexts.

Definition and Importance of Form 138

Form 138 is the official document issued by the class adviser or school registrar at the end of each quarter or school year. Under the K-12 curriculum, it has evolved into the School Form 9 (SF9) for Junior High School and School Form 10 (SF10) as the permanent record, but the term "Form 138" persists in common parlance and legal references.

Content: It includes grades in all learning areas, general average, attendance records, behavioral observations, and remedial measures if applicable.
Importance in Transfers: For a student to enroll in a new school, Form 138 (or its equivalent) is required to verify prior academic standing, determine grade level placement, and ensure continuity of education. Without it, enrollment may be provisional or denied, potentially violating the child's right to education under Republic Act No. 7610 (Child Protection Act).

In cases of transfer, the form must be authenticated and sealed by the originating school to prevent forgery.

Procedures for Releasing Form 138 During Transfers

The process for releasing Form 138 is standardized to minimize delays:

Request Initiation: The parent, guardian, or student (if of legal age) submits a written request for transfer to the originating school's principal or registrar. This request should include the reason for transfer and the destination school.
Clearance Requirements: The student must secure clearance from relevant school offices (e.g., library, laboratory, finance). However, in public schools, clearance cannot be conditioned on payment of voluntary contributions or miscellaneous fees, per DepEd policies promoting free education.
Timeline for Release: DepEd Order No. 54, s. 2009, stipulates that Form 138 and other records must be released within 30 days from the request date. In practice, many schools aim for 3-5 working days to avoid disrupting the academic calendar.
Transmission Method:
- Direct Transfer: The originating school forwards the sealed Form 138 directly to the receiving school via mail, courier, or hand-delivery.
- Hand-Carried: If requested, the form may be given to the parent/guardian in a sealed envelope, but the receiving school may verify authenticity.
- Electronic Transmission: With the Learner Information System (LIS), digital copies can be shared via DepEd's online portal, though physical copies are still required for official purposes.
Special Cases:
- Mid-Year Transfers: Allowed only for valid reasons (e.g., relocation, safety concerns). Form 138 must include partial grades.
- Private to Public or Vice Versa: Private schools may require settlement of accounts, but DepEd advises against withholding records; instead, they can issue a promissory note.
- International Transfers: Form 138 must be apostilled or authenticated by DepEd for overseas use.
- Lost or Damaged Forms: Schools must issue certified true copies based on archived records.
Documentation: The originating school records the transfer in the Learner Enrollment and Survey Form (LESF) and updates the LIS.

Rights of Students and Parents

Right to Prompt Release: Students have the right to receive Form 138 without unreasonable delay, as withholding it could constitute a violation of the right to education.
No Withholding for Fees in Public Schools: Per DepEd Memorandum No. 52, s. 2016, public schools cannot hold records hostage to unpaid PTA contributions or other non-mandatory fees.
Privacy Protection: Release must comply with data privacy laws; unauthorized disclosure is punishable.
Appeal Mechanisms: If release is denied, parents can escalate to the DepEd Division Office, Regional Office, or Central Office via grievance procedures under DepEd Order No. 35, s. 2003.

Obligations of Schools

Originating School: Prepare accurate Form 138, ensure timely release, and maintain confidentiality.
Receiving School: Accept transfers with provisional enrollment if records are delayed, per DepEd Order No. 1, s. 2015, and follow up on missing documents.
Private Schools: While they may enforce financial obligations, Republic Act No. 6728 (Government Assistance to Students and Teachers in Private Education Act) encourages leniency to avoid educational disruption.
Compliance Monitoring: School heads are accountable for adherence; non-compliance can lead to administrative sanctions under the Civil Service rules.

Penalties for Non-Compliance

Violations of DepEd rules on Form 138 release can result in:

Administrative Sanctions: Reprimand, suspension, or dismissal for school officials, as per DepEd's Code of Ethics and Republic Act No. 6713 (Code of Conduct for Public Officials).
Civil Liability: Parents may file complaints with the Office of the Ombudsman or pursue damages in court if delays cause harm (e.g., lost school days).
Criminal Penalties: Extreme cases involving fraud or child rights violations could invoke Republic Act No. 7610, with fines and imprisonment.

DepEd conducts regular audits through its Quality Assurance Division to enforce these rules.

Challenges and Best Practices

Common challenges include bureaucratic delays, disputes over fees, and inconsistencies between public and private sectors. To mitigate:

Schools should digitize records via LIS for faster processing.
Parents should keep copies of all requests and communications.
DepEd's regional offices offer mediation for disputes.

In recent years, DepEd has emphasized inclusivity, particularly for transfers involving indigenous peoples, learners with disabilities, or those from conflict areas, ensuring Form 138 release aligns with equity goals.

Conclusion

The DepEd rules on releasing Form 138 during school transfers embody the principles of accessibility, efficiency, and child-centered education in the Philippines. By adhering to these guidelines, schools facilitate uninterrupted learning journeys, upholding the constitutional mandate for quality education. Stakeholders—parents, educators, and administrators—must collaborate to implement these rules effectively, ensuring no learner is left behind due to administrative hurdles. For specific cases, consulting the nearest DepEd office is advisable to apply these rules contextually.