SIXTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES }
First Regular Session )

HOUSE OF REPRESENTATIVES

1905

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

While the State provides for free basic education, there are those that miss out
opportunities to receive these benefits, especially as their needs are not similar with the
average child. According to data from the Department of Education as of late 2012, children
with special needs (CSNs) are estimated to account for 13 percent of the total population of
children, figuring to 5.49 million; 1.27 million are gifted while persons with disabilities
(PWDs) comprise 4.2 million.

The proposed measure secks to institutionalize an adequate and relevant educational
program for every CSN through the establishment of SPED Centers and provide vital
support mechanisms. The SPED Centers shall function as the resource center for the
implementation of inclusive education that will accept all kinds of children on regular
schools.

‘The bill defines children with special needs as those who are gifted or are fast learners
and those who are disabled, impaired or handicapped and in need of special education as well
as services for rehabilitation.

The establishment of a SPED center in each school division and at least three SPED
centers in big school divisions will ensure nationwide access of the CSNs to basic education
through the formal system and other alternative delivery services in education and later
facilitate integration with mainstream education.

Under the measure, each SPED center shall have specialized teachers who can handle
children and youth with special needs including but not limited to those with visual or
hearing impairment, autism, learning disabilities, behavioral problems, multiple disabilities,
mental retardation/handicap and mental giftedne:

‘The measure shall enhance the right of teachers and support personnel to professional
advancement through adequate remuneration, scholarship and training grants and other
incentives.

It also mandates full continuum of educational services by the Department of
Education (DepEd) to those CSN below school age through regular home visits,
consultations, day care activities and any other proper medium or program.

‘The measure also provides financial assistance to the economically marginalized but
deserving CSN at the elementary and secondary levels; ensures adequate and free medical
assistance and intervention programs for CSN; and grants incentives to private institutions
catering to the needs of



In view of the foregoing, the passage of this bill is earnestly sought.

SUSAN
Representative, 24 Bistrict}of Tarlac


SIXTEENTH CONGRESS )

OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House BillNo._ 1905

Introduced by Representative Susan A. Yap

AN ACT
ESTABLISHING AT LEAST ONE (1) SPECIAL EDUCATION (SPED) CENTER FOR
EACH SCHOOL DIVISION AND AT LEAST THREE (3) SPED CENTERS IN BIG
SCHOOL DIVISIONS FOR CHILDREN WITH SPECIAL NEEDS (CSN),
PROVIDING GUIDELINES THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. ~ This A

shall be known as the “Special Education (SPED) Act of 2013”.

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to protect and
promote the rights of children with special needs (CSN) to quality education and to take appropriate steps
to make such education accessible to them. The State recognizes their vital role in society and endeavors
to include their needs as integral part of national development strategies.

It is also the policy of the State to give full support for their welfare and development, ensure their
full integration in society, as well as facilitate their active participation in the affairs of the State. Towards
this end and also pursuant to the mandate stated in the 1987 Constitution (Section 13, Article II; Se
13, Article XIII; and Sections 1 and 2, paragraphs 1 and 3, Article XIV), Article 3 of Presidential Decree
No. 603 (The Child and Youth Welfare Code) and Sections 12, 13 and 14 of Republic Act No. 7277
(Magna Carta for the Disabled), the State shall institutionalize an adequate and relevant educational
program for every CSN through the establishment of SPED centers and the provision of vital support
mechanisms for such. ‘Thus, all CSN, in any degree of sensory, physical or intellectual disability or needs,
shall have the opportunity to be developed in the most enhancing environment consistent with the
provision of a quality education that best meets their needs.

SECTION 3. Objectives. —‘The objectives of the SPED Act of 2013 are:

(@) ‘To provide CSN access to basic education through the formal system and other alternative
delivery services in education;

(b) To facilitate integration of CSN with mainstream education;

(6) To ensure that CSN fully develop their potentials towards self-sufficiency and become more
effective partners in the affairs of the country;

(@) To ensure that CSN understand, appreciate and respect differences amongst groups and
members in society and also to understand the nature of society in which they live;

(© To identify gifted and talented children from ages three (3) to sixteen (16);

( To provide the parents with information on the full continuum of SPED services and possible
placement options for their children, thus enable them to make informed choices and decisions;

(@ To enhance the role of parents, teachers and other caregivers as primary educators and caregivers
of the children by equipping them with capabilities to identify, prevent, refer or intervene with the
developmental disorders and disabilities of children;

(h) To involve private groups, local government units (LGUs) and national agencies other than the
Department of Education (DepED) in the education of CSN; and



() To create significant and positive changes in community attitudes towards disability and the need

to provide special edueation and proper care for C:
SECTION 4. Definition of Terms. — For purposes of this Act, the following terms are defined:

(@) Disability refers to any of the following:

(1) A physical or mental impairment that substantially limits one (1) or more psychological,
physiological or anatomical function of an individual or activities of such individual;

(2) A record of such an impairment; or

3) Being regarded as having such an impairment

(b) Impairment refers to any loss, diminution or aberration of psychological, physiological or
anatomical structure or function

(©) Handicap refers to a disadvantage of an individual, resulting from an impairment ot a disability,
that limits or prevents the function or activity that is considered normal given the age and gender of the
individual

(@) Persons with disabilities (PWD) refer to those suffering from restriction or different abilities, as a
result of a mental, physical, sensory or neurological impairment, to perform an activity in the manner or
within the range considered normal for a human being.

(©) Marginalized| disadvantaged persons with disabilities refer to disabled persons who lack access to
rehabilitative services and educational opportunities due to poverty, abandonment, illness and other forms
of neglect. For purposes of this Act, the word “poor” refers to persons who cither have no means of
livelihood or have incomes below the poverty threshold as determined by the National Statistics
Coordinating Board (NSCB),

(f) Children with special needs (CSN) refer to those who are gifted or are fast learners; and those who
are disabled, impaired or handicapped and in need of special education as well as services for
rehabilitation. They differ from the average children in mental characteristics, sensory abilities,
neuromuscular or physical characteristics and social attributes, to such an extent that requires the use of
‘modified school practices or special education services to develop them to maximum capability. They may
be classified as follows:

(1) Gifted children and fast learners are those capable of superior performance including those with
demonstrated achievement ot potential ability in one (1) or more of the following areas: general intellectual
ability, specific academic aptitude, creative or productive thinking ability, leadership ability, ability in the
visual or performing arts and psychomotor ability, or those individuals who consistently manifest the
following cluster of traits: above average ability (including intelligence), high creativity (implies the
developmental appreciation of innovative ideas) and high task commitment (felated to a high degree of
motivation) and those who, by reason thereof, require services or activities not ordinarily provided by the
school;

(2) Children with mental retardation] intellectual disability are those who have substantial limitation in
present functioning characterized by significant subaverage intellectual functioning existing concurrently
with related limitations in two (2) or more of the applicable adaptive skill areas: communication, self-care,
home living, social skills, community use, self-direction, health and safety, functional academics, leisure
and work;

3) Children with visual impairment are those who are blind or have low vision. Persons are blind if they
have visual capacity of 20/200 or less in the better eye after maximum correction. ‘The low vision persons
retain relatively low degree of vision and can read only enlarged print or regular print under special
conditions;

(4) Children with bearing impairment are those who are deaf ot hard-of-hearing. Deaf persons are those
whose hearings are nonfunctional for ordinary purposes in life. The hard-of-hearing have a defective sense
of hearing that is functional with or without a heating aid;

(5) Children with behavior problems are those who cannot adjust to the socially accepted norms of
behavior and consequently disrupt their academic progress, the learning efforts of their classmates and
interpersonal relations;

(6) Children sith orthopedic| physical handicap axe those whose impairment permanently or temporarily
interferes with the normal functions of the joints, muscles or limbs;

(Q) Children with special bealth problems aze those who have health conditions that tend to keep children
out-of-school or those with chronic and/or debilitating illnesses such as cardiac (heart) diseases, asthma,
diabetes, tuberculosis and other respiratory ailments, carcenonza, epilepsy, malnutrition and other



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8) Children with karning disabilities are those who although normal in sensory, emotional and
intellectual abilities exhibie disorders in perception, listening, thinking, reading, writing, spelling or
arithmetic. They have such conditions as perceptual handicap, brain injury, minimal brain dysfunction,
dyslexia or developmental aphasia;

(0) Children with speech defcts are those whose speech differs from the average so far as to draw
unfavorable attention to the manner of speaking rather than to the thought conveyed;

(10) Children with autism are those with developmental disabilities, the onset of which occurs before
thirty (30) months of age and which is marked by disturbance in development, language and relationship
with persons, activities and objects and which may coexist with intellectual disability and epilepsy. Children
afflicted with this disorder have perceptual, cognitive, communication and social difficulties which change
over time; and

(11) Children with multi-bandicaps are those with more than one (1) disability such as the deaf-blind or
those diagnosed with autism and intellectual disability.

(@ Awxiliary aids and services refer to services that are basically noneducation, but enhance on the
education process of the child with special needs. These include:

(1) Therapy;

2) Qualified interpretations or other effective methods of delivering materials to individuals with
hearing impairments;

@) Qualified reading, taped tests or other effective methods of delivering materials to individuals
with visual impairments;

(4) Acquisition or modification of equipment or devices; and

(5) Other similar services and actions of all types of aids and services that facilitate the learning
process of people with mental disability.

(h) Special instructional materials refer to textbooks in Braille, large type or any other medium or any
apparatus that conveys information to a student or otherwise contributes to the learning proc:

(Private sector participation refers to all forms of indispensable, substantial and meaningful
participation of private individuals, partnerships, groups or entities, community-based organizations or
nongovernmental organizations in the delivery of educational and rehabilitative services for students and
CSN

() Basie education refers to kindergarten, at least six (6) years of elementary education and at least four
(4) years of secondary education.

(W) Special education refers to basic education that takes into account the special needs of both
disabled children and gifted children. This is a systematic and deliberate process that enables CSN to
achieve functional literacy and the highest level of their individual potential and capacity. It is also defined
as that type of education tailored to meet the needs of children who cannot profit because of exceptional
abilities. SPED is geared towards integration of CSN with mainstream education.

() Functional literacy refers to the level of literacy necessary for the student or child to become a
useful citizen and an effective member of society.

SECTION 5. Coverage. ~This Act shall cover all students and CSN nationwide

SECTION 6. SPED Centers in Regular Schools. ~ At least one (1) SPED center for each school
division and at least three (3) SPED centers in big school divisions shall be established in regular schools,
where there are no existing SPED centers. These SPED centers shall be administered by the principal of,
the regular school.

‘The SPED center shall function as the resource center for the implementation of inclusive education
that will accept all kinds of children on regular schools. It shall:

(a) Support CSN to be integrated /included in regular schools;

(b) Conduct school-based training of CSN;

(©) Produce appropriate teaching materials for CSN; and

(@ Conduct assessment of CSN.

It shall also be the responsibility of the SPED centers to assist, facilitate and monitor the
transfer/admission of qualified children with disabilities to post-secondary or tertiary education
institutions.


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Each SPED center shall have specialized teachers who can handle children and youth with special
needs who may include, but shall not be limited to, those with visual impairment, hearing impairment,
autism, learning disabilities, behavioral problems, multiple disabilities, mental retardation/handicap and
mental giftedness.

Regular teachers currently handling special education of CSN shall henceforth be classified as SPED
teachers.

There shall be an assistant principal for each SPED center who shall administer and supervise the
alternative educational programs; early intervention programs; monitoring, supervision and provision of
1 assistance, training and enhancement programs to SPED personnel; referral and placement
procedures; and oversee the other components of the special education program. ‘The assistant principal
shall also be responsible for the formation and supervision of the placement committee as well as in the
resolution of di nt and servic

techni

eements on place:

SECTION 7. Other Personnel of SPED Centers. ~The administrative core and placement committee of
the SPED unit shall consist of:

(a) One (1) educational psychologist or psychometrician;

(b) One (1) physical therapist;

(©) One (1) occupational therapi

(@) One (1) speech and language therapist/speech correction teacher; and

(©) One (1) education supervisor.

‘They shall also be jointly tasked co develop and maintain a data bank in special education in their
respective jurisdictions. The placement committee shall, in consultation with and active participation of
parents among others, ensure that students with disabilities are educated as close as possible to their
homes and alongside their age-appropriate peer groups, and that these students attend their local schools
or travel the shortest distance to avail of educational services.

SECTION 8. Itinerant SPED Teachers. ~ Itinerant SPED teachers shall also be appointed whenever
necessary. They shall assist isolated or remote schools with specialized equipment, individual programs,

curriculum adjustment, teaching aids and building modifications.

TION 9. Authority of the Secretary of Education to Give Grants to or Enter into Cooperative Arrangements
_for the Creation of SPED Centers. ~ The Secretary of Education is hereby authorized to give grants to or enter
into cooperative arrangements or contracts with public or private nonprofit agencies, institutions or
organizations for the establishment or creation of SPED centers for CSN or for programs such as the

following:

(@) Technical assistance to SPED centers;

(b) Training of professionals or related services personnel who are preparing to serve or are serving
CSN;

(©) Replication of successful innovative approaches in providing educational or related services to
CSN;

(@) Facilitation of parental involvement in the education of their CSN;

(©) Diagnosis and educational evaluation of

() Consultative, counseling and training services for the families of CSN; or

(@) Familiarization of the municipality or city being served by a SPED center with the problems and
potentialities of such children

SECTION 10. Continuing Research to Identify Needs of CSN. ~ The Depl:D by itself or in association
with organizations or institutions shall undertake continuing rescarch to identify and design programs that
shall mect the full range of needs of the CSN: Prnvided, Vhat such continuing research shall also be used to
develop instructional techniques for use by the SPED centers towards improving CSN acquisition of skills
necessary for their transition to independent living, vocational taining or competitive development:
Provided, further, Vhat such continuing research shall further be used to design physical education and
therapeutic recreation program for use by the centers to increase the potential of CSN for community
participation.



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SECTION 11, Student Assistance. —The DepED shall provide financial assistance to economically
marginalized but deserving students with special needs at the elementary and secondary levels which may
come in the form of scholarship grants; allowances for transportation, food, lodging and books; student
loan programs; artistic and cultural tours; training programs; subsidies; and other incentives. Marginalized
or disadvantaged persons with disabilities and those coming from indigenous communities shall be the
priority in the grant of the aforesaid assistance.

Special equipment like wheelchair, crutches, special toilet and hygiene requirements, hearing aids,
eyeglasses and such other assistive devices required by the students to optimize education and participation
in the educational process shall also be provided for free or at discounted rates to deserving students and
at very affordable rates in general through a reasonable funding scheme that shall be designed by the
DepED.

SECTION 12, Medical Assistance. ~The DepED shall prepare a scheme that will ensure adequate
and free medical assistance and intervention programs, including those essential to the student of child's
rehabilitation like therapy, psychometric assessments, medical examinations and the like with government
clinies, hospitals and other health facilities. In case the medical service is not offered by the nearest or
accessible government health facility or cannot be obtained by reason of critical immediacy, or needs a
more specialized or advanced treatment, CSN shall be entitled to twenty percent (20%) discount from the
services of any private hospital or clinic: Provided, ‘That these private hospitals and clinics may claim the
cost as tax credit.

SECTION 13. Nuéritional Programs. ~ The nuttitional programs for CSN shall be supervised by the
National Nutrition Council (NNC) and the Department of Health (DOH), in coordination with the LGU
health officer.

SECTION 14, Establishment of Specialized Day Care Centers, — Day care centers specially designed for
preschool children and their parents, where early identification of disabilities and special needs, and
introductory educational and intervention programs will be administered, shall also be established near or
within existing SPED centers or those that will be created by the DepED with the support of the
Department of Social Welfare and Development (DSWD) and the LGU in the area. As far as practicable,
the use of existing day care centers and facilities shall be maximized.

SECTION 15. Recreational and Artistic Opportunities. ~Vhe DepED shall institute a program for CSN
that will afford them full opportunities for safe and wholesome recreation and activities, individual as well
as social, for optimal use of their leisure hours and for the advancement of their physical, mental, social
and cultural development.

SECTION 16. Renmmeration and Benefits, ~The SPED teachers and school administrators managing
SPED centers and special schools shall be assigned a salary grade that is three (3) salary grades higher than
that of a regular teacher and school administrator, respectively.

‘The DepED shall enhance the right of the teachers/instructors to professional advancement and
ensure that the teaching staff will attract the best available talents through adequate remuneration,
scholarship and training grants, teacher exchange programs, incentives and allowances and other means of
securing job satisfaction and fulfillment as well as their long and stable tenure in their respective posts. A
similar program shall be designed for support personnel like interpreters, psychologists, social workers and
others also involved in the education and rehabilitation of the child.

‘The DepED shall identify at least one (1) leading institution or university in Luzon, Visayas and
Mindanao whose faculty is considered or regarded as highly competent in the area of special education and
where a uniform or standardized curriculum for any postgraduate education program shall be designed to
benefit SPED teachers and other personnel of SPED centers. The manner of selection of such institution
shall be provided under the implementing rules and regulations of this Act.

SECTION 17. Parent, Sibling and Caregiver Education. — ‘There shall be a formal training and
counseling program for parents, siblings and caregivers of CSN for them to acquire a working knowledge
of special education, gain an understanding of the psychology of CSN and be aware of their crucial role as


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educators so that they maximize their knowledge and skills for optimum development of the potentials of
the child.

SECTION 18. Special Instructional Materials. ~ Publishers shall grant the DepED the authority to
transcribe adopted instructional materials into Braille, large type and audio-tape without penalty or
payment of royalty. Furthermore, on or before the second (2) working day after the adoption of
textbook titles by the DepED, each publisher of newly adopted instructional materials shall provide
computerized files as specified by the DepED which may be copied and distributed upon request to a
school division for instructional purposes.

Copies of these instructional materials shall be furnished without cost to either the student or
teacher who is blind or visually impaired. The materials are to be loaned to the public school district and
are to be returned when no longer needed.

SECTIONI9. Incentives to Prinate Sector Partipation. ~ Partnership between the government and
private institutions catering to the needs of CSN shall be encouraged. All profits and income generated by
the SPED center derived from its fundamental function as an educational institution shall be exempt from
income tax. Any donation, contribution, bequest and grant which may be made to the center shall be
exempt from donor's tax and the same shall be considered as allowable deduction from the gross income
in the computation of the income tax of the donor in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended: Provided, That such donations shall not be disposed of,
transferred or sold. Economic, technical and cultural books and/or publications shall be imported duty
free upon certification by the DepED that such imported books and/or publications are for economic,
technical, vocational, scientific, philosophical, historical or cultural purposes, in accordance with the
provisions of the Tariff and Customs Code, as amended.

SECTION 20. Local Government Unit Participation, — ‘Vhe LGUs shall be responsible for the

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(a) Provision of buildings or centers which are CSN-friendly and sites where there are no existing
school facilities that may be used for the special education of CSN, as well as the establishment of day care
pursuant to Section 14 hereof;

(b) Organization of one (1) parent-teacher association for CSN in every school offering special
education in their respective jurisdictions;

(©) Identification, coordination and the tapping of public or private yolunteers and private
organizations, national or international, for information dissemination campaigns, funding programs and
other projects to augment the funding for SPED programs and equipment, among others; and

(@ Provision of counterpart funds for the training and seminars of parents 1
nutritional programs for the CSN in their respective localities to be determined by the DepED, in
coordination with the Department of Budget and Management (DBM) and the Department of Finance

(DOF)

SECTION 21. Public Information, Education and Communication, — nationwide information
dissemination campaign on the prevention, carly identification and intervention programs for CSN shall be
intensified. This shall be the joint responsibility of the Philippine Information Agency (PIA), the Council
for the Welfare of Children (CWC) and the DepED. The DepED, in collaboration with the DOH and
the Department of Labor and Employment (DOLE), shall also disseminate materials and information
concerning effective practices in working with, training and educating CSN

“TION 22. Appropriations. ~ The Secretary of the DepED shall immediately 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 23. Implementing Rules and Regulations. — The DepED, in coordination with the DSWD,
the Department of the Interior and Local Government (DILG), the DOH, the DOF, the Bureau of
Internal Revenue (BIR), the CWC and the National Council on Disability Affairs (NCDA), shall
promulgate and issue the necessary guidelines for the creation and operation of SPED centers within sixty
(60) days after the effectivity of this Act.



SECTION 24. Separability Clause. — \f, for any reason, any provision or part hereof is declared
invalid, the other provisions not affected thereby shall remain in full force and effect.

SECTION 25. Repealing Clause. — All laws, decrees, executive orders, mules and regulations contrary
to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 26. Efetivity. — This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation.

Approved,