School Heads Can’t Say No: What the Law Really Says About Refusing a Transfer

DepEd transfer decision – can a school head refuse reassignment?

Can a school head refuse a transfer? The simple answer is no. A school head cannot reject a reassignment if it comes from the right authority. In the Department of Education (DepEd), transfers and reassignments are part of the management’s job. This means the decision doesn’t rest with the school head—it lies with the Schools Division Superintendent (SDS) and higher DepEd officials.

This may sound unfair at first, but there are laws and rules that explain why. Let’s go over them in clear, simple terms.

Legal and Policy Reasons Why a School Head Cannot Refuse a Transfer

1. Administrative Prerogative

Under civil service rules, school heads are public servants. This means the government has the power to move personnel to different locations when needed.

This rule is not personal. It’s about serving the needs of the whole organization—in this case, the school system. If one school needs a more experienced leader, or if leadership needs to rotate, DepEd can move a school head accordingly.

2. The Magna Carta for Public School Teachers (RA 4670, Section 6)

This law protects teachers against unfair transfers. But it also says that transfers are allowed if there’s a good reason—for example, an administrative need.

For school heads, reassignment is even more accepted. Why? Because staying in one place too long can lead to:

  • Favoritism
  • Over-familiarity
  • Stagnation in leadership

That’s why DepEd sometimes rotates or reassigns school heads. It’s a way to keep the leadership fair, balanced, and fresh.

3. DepEd Orders

DepEd issued Order No. 22, s. 2013, which gives clear guidelines about transferring teachers. While this is mainly for teachers, the same ideas apply to school heads.

This order shows that:

  • Transfers can happen to improve school management.
  • Moving school heads can prevent bias or issues in leadership.
  • The goal is better education and governance.

What a School Head Can Do About a Transfer

Even though they can’t say no outright, a school head has some options.

👉 Appeal or Request Deferment

If the transfer would cause hardship—like health issues, family problems, or very long travel—a school head can ask DepEd to reconsider. This is not guaranteed, but it’s allowed.

👉 Give Justifiable Reasons

The request must be backed with proof, like:

  • Medical certificates
  • Documents showing family emergencies
  • Evidence of extreme travel difficulty

The more valid and clear the reasons, the better the chance of the appeal being approved.

👉 Follow the Right Process

The school head must submit the request to the SDS or Regional Director. After reviewing, they will decide whether to approve or deny the request. The final say comes from DepEd, not the school head.

What a School Head Cannot Do

While appeals are allowed, there are strict limits to what a school head can refuse.

❌ Flatly Refuse the Order

Ignoring or refusing a valid reassignment order can be a disciplinary offense. In civil service, this is called insubordination, and it can lead to penalties or even suspension.

❌ Claim the Right to Stay Permanently

Unlike teachers who are sometimes protected by RA 8190 (the Localization Law), school heads do not have a guaranteed right to stay in their current post. They are subject to rotation and reassignment for the good of the school system.

Real Talk: Why Transfers Matter

Transfers are not punishments. They are tools for improving the system. Think about it:

  • A school with issues might need a fresh leader.
  • A head who’s been in one school for 10+ years might lose objectivity.
  • Moving can spark new ideas and better performance.

It’s about doing what’s best for students, teachers, and the community.

Frequently Asked Questions (FAQs)

Can a school head refuse a transfer from DepEd?

No. A school head may request a delay or appeal a transfer, but refusal without valid reason may lead to administrative sanctions.

What law allows DepEd to transfer school heads?

Transfers are allowed under civil service rules, RA 4670 (Magna Carta for Teachers), and supported by DepEd Orders.

Can a school head be transferred without their consent?

Yes. Consent is not required if the transfer is based on valid administrative needs and follows due process.

How long can a school head appeal a transfer?

There’s no fixed timeline, but appeals should be filed immediately after the order is received, and before the effectivity date if possible.

Is RA 8190 (Localization Law) applicable to school heads?

No. RA 8190 protects teachers, not school heads. Heads are subject to transfer for governance purposes.

So, can a school head refuse a transfer? Absolutely not. They can appeal, yes, but they can’t say no to a lawful order from DepEd. The power to assign, move, or rotate school heads lies with the SDS and higher officials. It’s all about keeping schools fair, efficient, and well-led.

If you’re a school head facing a transfer, don’t panic. Know your rights, prepare your documents, and follow the process. That’s the best—and only—way to handle it.