Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

1014

HOUSE BILL NO.

Introduced by Hon, Jerry P. Trefias

EXPLANATORY NOTE

No less than the Constitution mandates the State to protect and promote the right of all
citizens to quality education at all levels and to take appropriate steps to make such education
accessible to all.’ The Constitution speaks of the right of all citizens, regardless of their mental
status, special condition, or level of intellectual development, to quality education. In keeping with
this mandate, we are obliged to take the appropriate steps to make quality education accessible to
all, including those who have special needs due to their level of intellectual development, special
mental status or other handicaps.

‘The end goal of education is to secure a better future for our people by providing them with
the necessary knowledge to find work or other sources of income. Unfortunately, it is a stark
reality in the Philippines that a college degree is required in order to find a decent job. On the other
hand, the Technical and Education Skills Development Authority (TESDA) provides courses for
those who want to enter technical or vocational work.

However, tertiary education or entering a TESDA course is not possible for a good number
of our differently abled citizens. A high school degree is a prerequisite to enter college or a
TESDA course. Regrettably, a significant number of our differently abled citizens have handicaps
which prevent them from obtaining their high school degrees. Children who are slow-learners and
those who have autism, Attention Deficit and Hyperactivity Deficiency (ADHD), or other special
physical, sensory, cognitive or behavioral characteristics which may prevent them from completing
high school are at a serious disadvantage since they are deprived of the opportunity to learn skills
and knowledge which they could use to become self-reliant.

Most of our young ones who require special education are sent to public elementary and
high schools because it is simply too expensive for most Filipinos to send their special children to
a Special Education (SPED) school. SPED is already mandated by the Magna Carta for Disabled
Persons, ? The SPED bill (House Bill 6547) which establishes SPED centers in all school districts
was approved by the House of Representatives in the 15" Congress but it failed to pass in the
Senate. In the meantime, our differently abled children are still left with a glaring disadvantage
since a lot of them will not qualify for either a college or a technical/vocational degree.

" article IV, Section 1. The 1987 Philippine Constitution
* Section 14, Republic Act 7277, The Magna Carta of Disabled Persons (March 24, 1992)


Asa solution to this problem, and in order to give our differently abled citizens a chance to
earn a living, this bill seeks to establish, maintain and support basic technical and vocational
courses in at least one secondary school for each school district in the country. Differently abled
children may enroll in these technical and vocational courses without the necessity of a high school
degree, The establishment of these courses will enable our differently abled children to develop
skills which they could use to earn a living even if their handicap prevents them from completing
high school

The Department of Education, in consultation with other concerned government agencies
and private institutions, can design and provide basic technical and vocational courses and hold
these classes in a designated high school per school district. These courses need not be intricate
such as the ones provided by TESDA, since the target learners are differently abled students,

The establishment of technical and vocational courses for the differently abled is consistent
with the Constitution, which provides that the State shall provide the disabled with trainings in
civics, vocational efficiency and other skills.’ It is also in line with the Magna Carta for Disabled
Persons, which declares that is the policy of the State that disabled persons are part of Philippine
society, thus the State shall give full support to the ii improvement of the total well-being of disabled
persons and their integration into the mainstream of society."

The Declaration on the Rights of Disabled Persons of the United Nations (UN) General
Assembly declares that disabled persons have the same fundamental rights as their fellow citizens
of the same age, hence they are assured of the right to a enjoy a decent life which must be as
normal and full as possible.” Moreover, the UN Declaration states that disabled person are entitled
to measures designed to enable them to become self-reliant as possible.®

Our country is also a signatory of the UN Convention on the Rights of Persons with
Disabilities. The Philippines ratified the Convention on April 15, 2008. The Convention provides
that States Parties must undertake to ensure and promote the full realization of all human rights
and fundamental freedoms of all persons with disabilities, and that appropriate legislation should
be enacted for this purpose.’ The Convention also compels States to enable persons with
disabilities to have effective access to general technical and vocational guidance programs,
placement services and vocational and continuing training,*

Let us give our differently abled citizens a chance to live a normal and self:seliant life. By
equipping them with basic technical and vocational knowledge, they will cient means to
be productive even if they fail to graduate from high school. In view of the faegoing, the approval
of this bill is highly recommended.

JERR’ NAS

* Section 2(5), Article XIV. The 1987 Philippine Constitution

4 Section 2 (a), RA 7277

® paragraph 3. UN General Assembly, Declaration onthe Rights of Disabled Persons, 9 December 1975, A/RES/3447

“paragraph 5. Declaration onthe Rights of Disabled Persons

” agile 8. UN General Assembly, Conwention on the Rights of Persons with Disabilities resolution / adopted by the General Assembly, 24 January
2007, A/RES/61/106

* article 27. Convention on the Rights of Persons with Disoblties


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session
14
nouse pitino, 19

Introduced by Hon. Jerry P. Trefias

AN ACT ESTABLISHING BASIC TECHNICAL AND VOCATIONAL COURSES FOR
DIFFERENTLY ABLED PERSONS IN ALL SCHOOL DISTRICTS

Be it enacted by the Senate and House of Representatives duly assembled:

Section 1, Title. This act shall be known as the “Basic Technical and Vocational Courses for
Differently Abled Persons Act of 2013”

Section 2. Declaration of Policy. It is hereby declared the policy of the State to take appropriate
measures to protect and promote the rights of differently abled persons.

Section 3. Coverage. Basic technical and vocational courses shall be established for differently
abled persons. For the purpose of the act, differently abled persons shall refer to individuals who
differ from societal or community standards of normalcy due to significant physical, sensory,
cognitive or behavioral characteristics. Disabled persons, as defined in Republic Act 7277 or the
Magna Carta for Disabled Persons, shall also be considered as differently abled persons,
Differently abled persons shall include persons with disabilities who are unable to ensure by
themselves, wholly or partly, the necessities of a normal individual and/or social life, as a result of
deficiency, either congenital or not, in their physical or mental capabilities.

Section 4. Establishment of Basic Technical and Vocational Courses. The State shall establish,
maintain and support basic technical and vocational courses in at least one secondary school for
each school district in the country, The secondary school with the technical and vocational courses
shall accommodate all differently abled persons within its school district. The courses shall be
designed to cater to the learning capacities of the differently abled persons and shall be harmonized
and integrated as special courses for differently abled persons within the enhanced education
system under Republic Act 10533 or the Enhanced Basic Education Act of 2013

Section 5. Implementing Rules and Regulations. The Department of Education, in coordination
with concerned government agencies and Special Education specialists, shall promulgate the
necessary rules and regulations for the proper implementation of this Act.


Section 6. Appropriations. The Secretary of the Department of Education (DepEd) shall include in
the Department’s programs the implementation of this Act, the funding of which shall be included
in the annual General Appropriations Act.

Section 7. Separability Clause. If any provision or part hereof is held invalid or unconstitutional,
the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Section 8. Repealing Clause. Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions
of this Act is hereby repealed, modified, or amended accordingly.

Section 9. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

Approved,