Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Modern health sciences and educational practices have paved the way for the knowledge that a
ood portion of the youth with special needs sector are capable of reaping the benefits of an
inclusive education. With the worldwide movement for inclusive education, and with Special
Education being a dire need of many, innovation of our current system is not far off — for inclusive
education promotes the child's integral growth: enabling them mentally, physically, socially,
‘emotionally and spiritually.

Itis time for us to enact a policy which will pave the way for this innovation.

On behalf of the people of Parafiaque City's Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

ile le lt

District, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4399

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT TO ESTABLISH INCLUSIVE EDUCATION IN ALL PUBLIC SCHOOLS FOR
(CHILDREN AND YOUTH WITH SPECIAL NEEDS, PROVIDING GUIDELINES AND
FINANCIAL ASSISTANCE THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the Inclusive Education Act of 2019.
‘SECTION 2. Declaration of Policy. —

a) It is the policy of the State to promote and protect the rights of children and youth with
special needs to quality education and to make primary education compulsory and
accessible to every child and youth with special needs;

b) It is the policy of the State to recognize the vital role of children and youth with special
needs in the society, consider their needs as an integral part of national development and
recognize their active participation in the society.

¢) It is also the policy of the State to give full support for the welfare and development of
children and youth with special needs, ensure inclusive and equitable quality education
for them.

‘SECTION 3. Definition of Terms. — As used in this Act:

a) Basic education - refers to meeting the basic learning needs which provide the foundation
‘on which subsequent learning can be based. It encompasses kindergarten, elementary
and secondary education as well as alternative learning systems for out-of-school learners
and those with special needs;

b) Child Find System — refers to the process of identifying, locating, and evaluating every
qualified child or youth with special needs so that the concerned child development
teachers/workers who are under the jurisdiction of local government units (LGUS) can
notify parents or guardians the right of their children to receive public education services
and facilitate such children's integration into the school system;


©) Qhildren and youth with special needs ~ refer to children and youth who are gifted or
talented, or with intellectual disabilities, learning disabilities, mental, emotional or
behavioral disorders, speech and language disorders, sensory impairments, autism, long
term physical or health disabilities, deaf blindness and multiple handicapping conditions
which in interaction with various barriers may hinder their full and effective participation
in society on an equal basis with others and are in need of special education as well as
services for rehabilitation. They differ from the average children in neuropsychological
characteristics, sensory and cognitive abilities, neuromuscular or physical characteristics,
and social attributes to such an extent that the use of modified school practices or special
education services are required to develop them to maximum capability. This also refers
to individuals with mental disabilities whose biological age exceeds eighteen (18) years
ld, but has a mental age of a child or a youth.

d) Disability - refers to 1) long-term physical, mental, intellectual or sensory impairment that
substantially limits one or more physiological or anatomical function of an individual or
activities of such individual; 2) limitation or difficulty encountered by an individual in
executing a task or action; and 3) a participation restriction or problem experienced by an
individual in involvement in life's situations. It does not just entail a health problem but
shall reflect the interaction between features of a person's body and features of the society
in which he lives as well as the difficulties the person has encountered to remove the
environment and social barriers.

e) Inclusive Education ~ defined as a learning environment that promotes the full personal,
academic and professional development of all learners irrespective of race, class, color,
gender, disability, sexual preference, learning styles and language (NCSNET, 1997,
SOUTH AFRICA). The goal is that the whole education system will facilitate learning
environments where teachers and learners embrace and welcome the challenge and
benefits of diversity.

f) Learning Resource Center (Center) ~ refers to a teaching/learning support system for
students, teachers, school personnel and other education stakeholders of children and
youth with special needs. It includes appropriate, accessible, disability, cultural and
gender-sensitive instructional learning materials, tools, devices, gadgets, equipment to
facilitate and enhance learning assessment tools and instruments to evaluate
developmental domains and specific areas of concern necessary in determining
appropriate services and placement decisions; medical, health and allied professionals for
care, rehabilitation and development of learners.

) Least restrictive environment (LRE) refers to the situation where a CYSN is accorded the
equal opportunity to be educated with non-disabled peers to the greatest extent
appropriate. The children and youth with special needs should be exposed as much as
possible to the same general education curriculum, or any other program that non-
disabled peers are able to access.

h) Special Education (SPED) - refers to the customized instructional program/service
designed to meet the unique needs of individual children and youth with special needs,
which may necessitate the use of supplementary aids and services and teaching strategies


d

13)

in classroom and non-academic settings and includes instructions on physical and
vocational education, social skills development and travel training. It is geared towards
their integration into mainstream education and to prepare them as independent and
functioning members of society.

Special Instructional Materials — refer to textbooks in Braille, large type, audio, digital or
any other medium or apparatus that convey information to a student or otherwise
contributes to the learning process.

Regional Leading Institutions — refers to educational institutions, whether public or private,
who shall be designated the expertise and authority over matters involving special
education.

Universal Design for Leeming (UDL) refer to scienifcaly valid framework for guiding
educational practice established by the Department of Education (DepEd) that

(1) Provides flexibility in the way information is presented, in the way students respond
or demonstrate knowledge and skills, and in the way students are engaged; and

(2) Reduces barriers in instruction, provides appropriate accommodations, supports
mental and physical challenges and maintains high achievement expectations for all
students, including students with disabilities and students who have limited English
proficiency. It also refers to a set of principles that guides the design of inclusive
classroom instruction and accessible course materials.

SECTION 4. Establishing of Inclusive Education Learning Resource Center for CYSNs
in all Public School Divisions. — An Inclusive Education Learning Resource Center for CYSNs
(hereinafter “Centers) shall be established in all public schools nationwide where there are no
existing SPED Centers. This is to ensure that basic education is made available to CYSNs. All
existing SPED Centers shall now be called and referred to as “Inclusive Education Learning
Resource Centers”.

SECTION 5. Functions of the Inclusive Education Learning Resource Center. - The
centers shall function as a learning resource center that shall assist in promoting inclusive
education and in capacitating regular schools to effectively handle the needs of CYSNs. It shall:

a)
b)
°
4)
e)

f)

Conduct school-based training of CYSNs;

Produce appropriate teaching materials for CYSNs;

Provide training to regular teachers, administrators, non-teaching personnel and parents
n inclusive education;

Assess CYSNs to identify specific developmental areas of concern and determine
appropriate services for them;

Facilitate the transfer or admission of qualified children with disabilities to post-secondary
or tertiary educational institutions;

Implement programs for the CYSNs;

SECTION 6. Responsibilities of Agencies. — The following agencies shall participate in
promoting inclusive education for children and youth with special needs:


a) Department of Education (DepEd) — shall be the lead government agency responsible for
the implementation of this Act to ensure inter-agency coordination and integration of
services among school systems, early intervention programs. It shall also be responsible
for facilitating Least Restrictive Environment (LRE) in order to effectively integrate CYSNs
ina regular learning environment.

b) Department of Health (DOH) - The DOH shall make available health care services for
children and youth with special healthcare needs, child mental health service providers,
health plans, oral health providers, family-to-family health information and education,
advocacy organizations and other community organizations serving children and youth
with special needs and their families. Due to the importance of integrating primary care
with mental health services, the DOH shall collaborate with the National Nutrition Council
(NCC) and the Early Childhood Care and Development Council (ECD) in the provision of
inclusive health and nutrition services for the implementation of this Act.

c) Department of Social Welfare and Development (DSWD) — The DSWD shall be responsible
for the effective management and provision of social and welfare services for poor-and
deserving children and youth with special needs based on their assessed needs, subject
to guidelines it shall prescribe.

d) Department of Public Works and Highways (DPWH) - the DPWH shall prescribe the proper
physical set-up of the Centers and shall build and maintain roads that shall ensure
accessibility to children and youth with special needs.

e) Department of Interior and Local Government (DILG) — the DILG shall promulgate the
policies and guidelines relevant to the implementation of this Act by the local government
units.

f) Department of Science and Technology (DOST) ~ The DOST shall be responsible for
recognizing the potential of children and youth with special needs in the field of scientific
advancement. It should recognize and give incentives to the possible inventions or
discoveries contributed in the scientific field by children and youth with special needs
and/or disabilities.

SECTION 7. Local Government Unit (LGU) Participation. — The LGUs shall be responsible
for the following:

a) Provision of sites, buildings or centers where there are no existing school facilities that
may be used for the special education of children and youth with special needs as well as
the establishment of Child Development Centers (CDCS) pursuant to Sec. 11 hereof;

b) Identification, coordination and partnership with public or private volunteers and private
‘organizations, national or international, duly recognized and accredited by appropriate
government office, for information dissemination campaigns and funding support to
augment the funding for Inclusive Education programs and activities;

©) Organization of a Parent-Teacher Association (PTA) in every school within their territorial
jurisdiction;


) Provision of funds for the delivery of health and nutrition services and interventions,

educational assessment program for children and youth with special needs in their

respective localities that would be initiated by the DOH and DepEd, respectively;

Develop government and community awareness and responsiveness to the needs of

children and youth with special needs such as offering basic and advanced seminars on

disability awareness;

f) Coordinate with other agencies in ensuring the proper implementation of the provisions
of this Act within their territorial jurisdiction;

) Enact appropriate ordinances to implement the LGUs’ role in this Act;

hh) Use their corresponding Special Education Fund for the aforementioned duties and other
similar programs; and

) Work hand in hand with DSWD to initiate Child Find System.

e)

SECTION 8. Private sector participation. - All LGUs should ensure that those in private
sectors will have the opportunity to participate in developing, supporting and rehabilitating
children and youth with special needs. These private sectors shall include private individuals,
partnerships, groups or entities, disabled people's organizations community-based organizations
or non-government organizations, and business and industry groups. They shall participate in
delivering indispensable and substantial educational services for children and youth with special
needs. In order to encourage the continuous flow of financial support for CYSNs, the contributions
made to respective Inclusive Education Learning Resource Centers shall be considered as tax
deductions on the part of such participating private sector.

SECTION 9. Student Assistance. — The DepEd, and LGUs shall develop programs to support
the financial and educational needs of the marginalized or disadvantaged children and youth with
special needs. They shall provide financial assistance to children and youth with special needs
including but not limited to scholarship grants, monthly allowances, training programs, book
allowance, uniform allowance and other similar incentives.

SECTION 10. Medical Assistance. — The DepEd shall provide medical assistance to children
and youth with special needs which are essential to the needs of the CYSNs’ rehabilitation.

SECTION 11. Family Members, Guardians, Caregivers and Day Care Workers
Education. — There shall be a formal training and counseling program for Family Members,
Guardians, Caregivers and Day Care Workers for them to acquire a working knowledge of special
education, gain an understanding of the psychology of children with special needs, be aware of
their crucial role as educators and gain knowledge and skills to fully participate in developing the
potentials of children and youth with special needs.

SECTION 12. Remuneration, Benefits and Incentives for Inclusive Education Learning
Personnel and Staff. - The salary grades of Special Education (SPED) teachers and Program
Directors managing the Centers shall be in accordance with the Revised Compensation and
Position Classification System and other civil service rules and regulations.

SECTION 13. Training and Continuous Education for Teachers/Instructors. — The
DepEd shall enhance the access of teachers/instructors to specialized and continuing training and


education, conducted locally and abroad in order to keep them abreast with the updated Special
Instructional Materials being used across the globe as well as Universal Design for Learning (UDL).

Asimilar program shall be designed for support personne! to include interpreters, psychologists,
social workers and health service professionals/workers involved in the education, health and
rehabilitation of children with special needs.

SECTION 14. Constitution of Regional Leading Institutions. - The DepEd shall identify at
least one (1) leading institution or university in every region of the country whose faculty is
considered or regarded as highly competent in the area of special education and where a uniform
or standardized curriculum for any post-graduate education program shall be designed to benefit
SPED teachers and other personnel of the centers. The manner of selection of such institution
shall be provided under the rules and regulations to be formulated to implement the provisions
of this Act.

SECTION 15. Appropriations. — The Secretaries of the DepEd, DOH, DSWD, DPWH and DOST
shall immediately include in their respective Departments’ programs the implementation of this
Act, the funding of which shall be included in the annual General Appropriations Act.

SECTION 16. Implementation. — Within one hundred twenty (120) days from the effectivity
Of this Act, the Secretaries of the DepEd, the DOH and the DSWD, in coordination with the heads
of other concerned agencies, shall promulgate and issue the necessary guidelines for the effective
implementation of this Act. The implementing rules and regulations issued pursuant to this section
shall take effect thirty (30) days after its publication in two (2) national newspapers of general
circulation.

SECTION 17. 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 18. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby repealed,
modified, or amended accordingly.

‘SECTION 19. Fffectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,