SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Every child is entitled to the basic necessities in life: food, shelter and 
clothing. More than these physiological needs that have to be attended, it is the 
responsibility of the parents, together with the full support and assistance of the 
State, to provide their children with quality education. As expressed in Article 14 
Section 1 of the Philippine Constitution: 
"The State shall protect and promote the right of all citizens to 
quality education at all levels and shall take appropriate steps to make 
such education accessible to all." 
Children and youth with special needs include those who are gifted with 
advance knowledge and skills on one hand and the physically and mentally 
impaired and· handicapped persons on the other. 
They need education and 
training different from those given to ordinary children. They need special 
programs that would further enhance mental and physical capacities to make 
these beneficial to them and to their family and community. 
In addressing the situations, committed and dedicated participation from 
all sectors of the society is required. The children need the love, nurture and 
support of their families. They need to feel that they are accepted by and belong 
to their communities. They need the expertise of trained educators and staff. 
They need the support and assistance of the government. 
This bill proposes the establishment of special education centers in 
strategiC places to be able to provide accessible services for children with special 
needs. These centers will administer special education that takes into account 
the distinct needs of both disabled and gifted children through a systematic and 
deliberate process. 
For these reasons, approval of this bill is earnestly sought. 
GOY EJERCITO ESTRADA 
Senator 


;icenll1:r 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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First Regular Session 
'13 JUl-3 P2':16 
SENATE 
Senate Bill No. 377 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ESTABLISHING AT LEAST ONE (1) SPECIAL EDUCATION (SPED) CENTER 
FOR EACH SCHOOL DIVISION AND AT LEAST THREE (3) SPED CENTERS 
IN EVERY SCHOOL DIVISIONS FOR CHILDREN WITH SPECIAL NEEDS 
(CSN), 
CREATING 
THE 
IMPLEMENTING 
MACHINERY 
THEREOF, 
PROVIDING GUIDELINES FOR GOVERNMENT FINANCIAL ASSISTANCE 
AND OTHER INCENTIVES AND SUPPORT FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title. This Act shall be known as the "Special Education 
Act of 2013". 
SEC. 2. Declaration of Policy. It is hereby 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 national development and that 
finding solutions to their problems forms an integral part of national development 
strategies. 
It is also the policy of the State to give full support for their welfare and 
development to ensure their full integration to society as well as to facilitate their 
active participation in the affairs of the State. 
Towards this end, and also 
pursuant to the mandate stated in Section 13 of Article XIV, Article 3 of P.O. 603 
and Sections 12-14 of R.A. 7277, the State shall institutionalize an adequate and 
relevant educational program for every child with special needs through the 
establishment of &PED Centers and of their vital support mechanisms. Thus, all 
CSN, irrespective of the degree of sensory, physically or intellectual disjlbility or 
need, will have the opportunity to be educated in the most educationally 
enhancing environment consistent with the provision of a quality education that 
best meets their needs. 
are: 
SEC. 3. Objectives. The objectives of the Special Education Act of 2007 
(a) 
To provide access to basic education among CSN namely the 
gifted/talented, the mentally retarded, the visually impaired, the 
hearing impaired, the orthopedically/physically handicapped, 


the learning disabled, the speech defective, the children with 
behavior problems, the autistic children and with those with 
health problems through the formal system and other 
alternative delivery service in education; 
(b) 
To ensure that CSN fully develop their abilities, talents, 
interests and all aspects of their development to become more 
responsible for their lives and more effective partners in all of 
the affairs and concerns of the country; 
(c) 
To ensure the CSN understand, appreciate and respect 
differences among groups and members in society and also to 
understand the nature of society in which they live; 
(d) 
To inform the parents about the full continuum of services, 
possible placement options during discussions about their 
children's education and other relevant information to enable 
them to make informed decisions and choices; 
(e) 
To equip the parents and other caregivers and the teachers 
with the capabilities to identify, prevent, refer and intervene with 
the developmental disorders and disabilities of childrel1 as well 
as in the relevant individual programming, planning for the 
student where such program differs significantly Ifor the 
standard curriculum and other matters that enhance the role of 
parents and other caregivers as the primary educators that 
caregivers of their children from birth onward; 
(f) 
To involve private groups, local government units and national 
agencies other than the Department of Education, in the 
education of children with special needs; 
(g) 
To effectuate Significant and positive changes in community 
attitudes towards disability and the need to provide special 
education, care and other needs of children with special needs. 
SEC. 4. Definition of Terms. For the purposes of this Act, these terms 
are defined as follows: 
(a) 
Disability shall mean 1) a physical or mental impairment that 
substantially limits one or more psychological or anatomical 
function of an individual or activities of such individual, 2) a 
record of such an impairment; 3) being regarded as having 
such an impairment; 
(b) 
Impairment 
is 
any 
loss, 
diminution 
or 
aberration 
or 
psychological, physiological or anatomical structure or function; 
(c) 
Handicap refers to a disadvantage for a given individual, 
resulting from an impairment or a disability that limits or 
prevents the functions or activity that is considered normal 
given the age and sex of the individual. 
(d) 
Disabled persons are those suffering from. restriction or 
different abilities as a result of a mental, physical, sensory or 


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, 
I 
neurological impairment, to perform an activity in the manner or 
within the range considered normal for a human being; i 
(e) 
Marginalized/disadvantaged disabled persons refer to disabled 
persons who lack access to rehabilitative service and 
educational opportunities due to poverty, abandonment, illness 
and other form of neglect. For purposes of this Act, the word 
"poor" are those who either have no means of livelihood or 
have incomes below poverty threshold; 
(f) 
Children and youth with special needs are the gifted and fast, 
learners 
and 
those who 
are 
disabled, 
impaired 
and 
handicapped persons in need of special education as well as 
services for rehabilitation. He/she differs from the average child 
in 1) mental characteristics; 2) sensory abilities; 3) neuro 
muscular or phYSical characteristics; 4) social; 5) multiple 
handicaps; and/or 6) has a developmental lag to such an 
extent that requires modified school practices or special 
education services to develop to his maximum capability, They 
include ages 0-21 years old and may be as follows: 
1. Gifted children and fast learners are those capable of superior 
performance and these include those with demonstrated 
achievements or potential ability in one or more of the following 
area general intellectual ability, special aptitude, creative or 
productive thinking ability, leadership 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 (related to a high degree of motivation) and 
those who by reason thereof, require services or activities not or 
ordinarily provided by the school. 
2. The Mentally Handicapped/Mentally Retarded are those who 
have substantial limitation in present functioning characterized 
by significant sub-average intellectual functioning, existing 
concurrently with the related limitation in two or more of the 
applicable adaptive skill areas; communication, self-9irection, 
hpme living, social skills, community use, self-direction, health 
and safety, functional academics, leisure and work; 
, 
3. The Visually impaired are those who are blind or having a low 
vision. A person is blind if he has a visual of 20/200 or less in a 
better eye maximum correction. The low vision person retains a 
relatively low degree of vision and can read only enlarged print 
of regular or regular print under special condition; 
4. The Hearing Impaired are those who are deaf or hard-of-
hearing. The deaf person is one whose hearing is functional for 
ordinary purposes in life. The hard-of-hearing has a sense of 
hearing which although defective is functional without a hearing 
aid; 
5. Student/children with behavior problems are those who cannot 
adjust to the socially accepted norms or behavior and 
consequently disrupt their academic progress, the learning 
efforts of their classmates and interpersonal relations; 


6. The Orthopedically Handicapped are those whose impairment 
permanent or temporarily interferes with the normal functions of 
the joints, muscles or limbs; 
7. Student/children with special health problems are those who 
have health conditions that lend to keep children out-of-school 
or those with chronic and/or illness like cardiac (heart) diseases, 
asthma, diabetes, tuberculosis and other respiratory ailments, 
carcenonza, epilepsy, malnutrition and others; 
8. Student/children with learning disabilities are those whose 
although normal in sensory, emotional and intellectual abilities 
exhibit disorders in perception, listening, thinking, reading, 
writing, spelling or arithmetic. 
They have such condition as 
perceptual handicap, brain injury, minimal brain dysfunction, 
dyslexia and developmental aphasia; 
i 
, 
9. The Speech Impaired are those whose speech differs from the 
average so far as to draw unfavorable attention to the manner 
of speaking rather that thought conveyed; 
10. Persons with Autism are those with developmental disabilities, 
having onset before 30 months of age which is marked by 
disturbance in development, language and relationship with 
persons, activities and objects and which may co-exist with 
intellectual disability and epilepsy. Children afflicted with this 
disorder have perceptual, cognitive communication and social 
difficulties which change over time. 
(g) 
Auxiliary aids and services are services that are basically non-
education but impinge on the education process of the child 
with special needs. These include: 
1. therapy; 
2. qualified interpreters or other effective methods of delivering 
materials to individuals with hearing impairments; 
3. qualified readers, taped test or other effective methods of 
delivering materials to individuals with visual impairments; 
4. acquisition or modification of equipment or device; 
5. other similar services and actions or all types of aids and 
services that facilitate the learning process of people with 
mental disability; 
(h) 
Special instructional materials means a textbook in Braille, 
large type or any other medium or any apparatus that conveys 
information to student or otherwise contributes to the learning 
process. 
(i) 
Private sectors participation encompasses -all forms of 
indispensable, substantial and meaningful participation of 
private individuals, partnership, groups or entities, community 
based organization or non-governmental organizations in the 
delivery of educational and rehabilitative services for students 
and children with special needs. 


0) 
Basic Education consists of at least six (6) years of elementary 
education and at least four (4) of secondary education 
including preschool education. 
(k) 
Special Education is basic education that takes into account 
the special needs of both disabled children and gifted that 
requires a systematic and deliberate process for them to 
achieve functional literacy and which will bring the individual to 
the highest level of his potential and capacity. It is also defined 
as the type of education tailored to meet the needs of children 
who cannot profit because of disabilities or exceptional 
abilities. 
(I) 
Functional literacy is the level of literacy necessary for the 
student or child to become a useful citizen and effective 
member of the society. 
SEC. 5. Coverage. -
This Act shall cover student and children with 
special needs nationwide. 
SEC. 6. Creation of the Bureau of Special Education. -To attain the 
objectives of this Act, the Bureau .of Special Education (BSE),hereinafter referred 
to as the Bureau, is hereby created to institutionalize and govern special 
education in the Philippines. The Bureau of primarily tasked in the formulation 
and administration of an appropriate curriculum and developmentally-suited 
programs to primarily achieve functional literacy of the street/children with special 
needs and ensure their integration to society. The full continuum of educational 
services shall also be made available by the bureau to those CSN below school 
age through regular home visits, consultations, day care activities and any other 
properties medium or program. 
I 
BSE shall function as a regular bureau of the Department of Education, 
under the direct supervision of the Department Secretary and to be headed by a 
director and assistant director. 
The divisions chiefs shall serve as heads for the (1) Gifted Children 
Division; (2) Children with Disabilities Division (COD) and (3) Special Services 
and Auxiliary Aids Division (SSAAD), with the staffing needs to be equitably 
distributed with the accordance to the current needs and concerns of their 
respective divisions. 
They shall assist the director in the formulation, 
implementation and improvement of the framework and components of the 
special education program. 
The Philippine Printing House for the Blind under the existing organization 
structure of DepEd shall become part of the SSAAD. 
SEC. 7. SPED Centers in Regular School. - At least one (1) special 
education (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 school. It shall a) support children with special needs integrated/included 
in regular school and b) assist in the conduct of school-based training; c) produce 
appropriate teaching materials, and d) conduct assessment of children with 
special needs. 
Each SPED Center shall have the following staff who shall have a starting 
salary classification of Grade 13: 
a) 1 SPED teacher for the mentally gifted; 
b) 1 SPED teacher for the mentally retarded/handicapped; i 
c) 1 "SPED teacher for the visually impaired; 
d) 1 SPED teacher for the hearing impaired; 
e) -1 SPED teacher for the autistic children; 
f) 1 SPED teacher for the learning disabled; 
g) 1 SPED teacher for children with behavior problems. 
Regular teachers currently handling special education of children with 
special needs shall henceforth be classified as SPED teachers with the same 
salary grade classification as mentioned in the preceding paragraph. 
There shall be an assistant principal for each SPED Center. He/she shall 
administer and supervise the alternative educational program, early intervention 
programs, monitoring, supervision and technical assistance and human resource 
training/SPED personnel enhancement programs, referral and placement 
procedures, advisory services and other components of the special education 
program in his/her jurisdiction. He/she shall also be responsible for the formation 
and supervision of placement committee under his/her jurisdiction as well as in 
the resolution of disagreement on placement and services. 
SEC. 8. Other Personnel of SPED Centers. -
One educational 
psychologist or psychometrician, one social worker, one education supervisor 
and one medical health officer for each city, province shall be appointed, among 
other responsibilities, shall comprise the administrative core and placement 
committee of the SPED unit in the area. They shall also be jointly tasked to 
develop and maintain a data bank in special education in their respective 
jurisdiction. The placement committee shall, among others, ensure that students 
with disabilities are educated as closed as possible to their homes and alongside 
their age-appropriate peer groups, and that these students attend their local 
schools or travel the distance possible in the availment of educational services, in 
consultation with, and active participation of parents. 
SEC. 9. Itinerant SPED teachers. - Itinerant SPED teachers shall also 
be appointed whenever necessary and on a needs basis. He/she shall assist 
isolated or remote schools with specialized equipment, individual programs, 
CUrriculum adjustment, teaching aids and building modifications. 
, 
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SEC. 10. Authority of the Secretary of Education to Give Gr:ants to, 
or Enter into-Cooperative Arrangement for the Creation of SPED Cfinters.-
The Secretary of Education is hereby authorized to give grants to, or enter into 
cooperative arrangement or contracts with public or private non-profit agencies, 
institutions or organization for the establishment of creation of SPED Centers for 
children with special needs: Provided, That a grant made pursuant to this Section 
may be made only for the following or similar programs: 


(a) 
Technical assistance of SPED Centers providing educational 
assistance for children with special needs (CSN); 
(b) 
Pre-service or in-service training of professionals or related 
services personnel preparing to serve or serving CSN; 
(c) 
Replication of successful innovative approaches to providing 
educational or related services to CSN; 
(d) 
Facilities of parental involvement in the education of their CSN; 
(e) 
Diagnosis and educational evaluation of CSN at risk of being 
certified CSN; 
(f) 
Consultative, counseling and training services for the families 
ofCSN; 
(g) 
Familiarization of the municipality or city to be served by a 
SPED Center with the problems and potentialities of such 
children. 
SEC. 11. Provision for Continuing Research to Identify Special Needs 
of CSN. - The Bureau of Special Education (BSE) by itself or in associate with 
such organizations or institutions as are determined by the Deped Secretary to 
be appropriate, shall unaertake continuing research to iaentify and aesign 
programs that meet the full range of children with special needs: Provided, That 
such continuing research shall also be used to develop instructional techniques 
for used by the SPED Centers that will improve the CSN acquisition of skills 
necessary for transition to independent living, vocational training or competitive 
development. Provided, Finally, That such continuing research shall further be 
used to design physical education and therapeutic recreation program for use by 
the Center to increase the potential of CSN for community participation. I 
SEC. 12. Student Assistance. The Bureau shall provide financial 
assistance to economically marginalized but deserving students with special 
needs at the elementary and secondary levels including any post-secondary 
levels, including any post-secondary or tertiary education which may come in the 
form of scholarship grants, transportation allowance, food allowance, board and 
lodging allowance, book allowance, student loan programs, artistic and cultural 
tours, training and programs, subsidies and other incentives. 
Marginalized 
disabled persons and those coming from indigenous communities shall be the 
priority in the grant of the aforesaid assistance. 
Social equipment like wheelchair, crutches, special toilet and hygiene 
requirements, hearing aids, eyeglasses and the like required by the students to 
optimized education and partiCipation in the educational process shall also be 
provided for free and at discounted rates to deserving students and at very 
affordable rates in general throUgh a reasonable funding scheme that shall be 
designated by the Bureau. 
SEC. 13. Medical Assistance. The Bureau shall prepare a scheme that 
will ensure adequate and free medical assistance and intervention programs, 
including those essential to the student or child's rehabilitation like therapy, 
psychometric assessments, meoieal examinations and fl'le like Wim government 
clinics, hospitals and other health facilities. 
In case medical needs are not 
offered by the nearest or accessible government clinics, hospitals and other 
health facilities or cannot be obtained by reason of critical immediacy or the need 
to obtain a more specialized or advance treatment, they can avail of the services 
of the private clinics, hospitals and other specialized agencies throu9h tax 


incentives. For this purpose, as far as practicable or on a case-to-case basis, as 
may be determined by the Bureau, health care insurance programs may be 
instituted. 
SEC. 14. Nutritional Programs. The nutritional programs of CSN ~hall be 
supervised by the National Nutrition Council and the Department of I-jealth in 
coordination with the local government unit health officer. 
SEC. 15. Establishment of Specialized Day Care Centers. Day Care 
Centers especially designed for pre-school children and their parents, where 
early identification of disabilities and special needs and introductory educational 
and intervention will be administered, shall also be established near or within 
SPED Centers or those that will be created by the bureau with support of the 
Department of Social Welfare and Development and local government units in 
the area. As far as practicable, existing day care centers and facilities shall be 
maximized. 
SEC. 16. Recreational and Artistic Opportunities. The Bureau shall 
institute a program for the student or children with special needs to afford them 
full opportunities for safe and wholesome recreation and activities, individual as 
Well as social, for the wholesome use of his leisure hours l:!.nd fQr tM 
advancement of their phYSical, mental, social and cultural development. 
SEC. 17. Continuing Education and Assistance to Teachers/ 
Instructors of Students with Special Needs. - The Bureau shall enhance the 
gift of the teachers/instructors to professional advancement and ensure that the 
teaching staff attract the best available talents through adequate rellumeratiQR, 
scholarship and training grants, teacher exchange programs, incentives and 
allowance and other means of securing job satisfaction and fulfillment as well as 
their lone and stable tenure in their respective posts. A similar program shall be 
designed for support personnel like interpreters, psychologist, social workers and 
other also involved in the education and rehabilitation of the child. 
SEC. 18. Parent, Sibling and Caregiver Education. There shall be a 
formal training and counseling program for parents, sibling and caregivers 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 on how each parent, 
sibling ... or .. caregiver c.o.uld. maxi""!ize his/her services for the ?ptimum 
development of the potential of the child. 
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SEC. 19. Special Instructional Materials. Publishers shall grant to the 
DepEd through the Special Services and Auxiliary Aids Division (SSAAD) the 
authority to transcribe adopted instructional materials into Braille, large type and 
audio tape witRout penalty or royalty. Fui1her'mefe, eA betore Ule seeene Wei'l<iiig 
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 OepEd which may be copied and distributed to a schooi diviSion, upon 
request, 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 districts as long as needed and are to be 
returned to SSAAD when no longer needed. 
SEC. 20. Incentives to Private Sector Participation. Partnership 
between the government and private institutions catering to the needs of 
students/children with special needs shall be encouraged. In this regard, the 
Department of Education, in coordination with the Department of Finance, 
Department of Interior and Local Government, Department of Science and 
Technology, Department of Trade and Industry, shall draw up a scheme to 
provide incentives that will include tax deductions, loan assistance and 
technological or scientific assistance to encourage private participation in the 
education and rehabilitation of CSN. 
SEC. 21. Local Government Unit Participation. - The local government 
units shall be responsible for the: 
a) 
Provision of building or centers and sites where there are 
no existing school facilities that will house thel special 
education of children/students with special needs as well 
as the establishment of day care centers as mentioned in 
Section 15; 
b) 
Organization of one (1) parent-teacher association in 
every school in their respective jurisdictions offering 
special education to students/children with special needs; 
c) 
Identification, coordination and the tapping of public and 
private volunteers and private organizations, national or 
international, for information dissemination campaigns, 
funding programs and other projects to augment the 
funding of equipment for SPED programs and equiprnent, 
among others; 
d) 
Provisions of counterpart funds for the training and 
seminars of parents and teachers nutritional programs for 
the students/children 
with 
special. needs 
in 
their 
respective localities to be determined by the Bureau, in 
coordination with the Department of Budget and 
Management and the Department of Finance. 
SEC. 22. Public Information, Education and Communication. -
A 
nationwide information dissemination campaign on prevention, early identification 
and intervention programs for children with special needs shall be intensified. 
This shall be the joint responsibility of the Philippine Information Agency (PIA), 
Council for the Welfare of Children (CWC) and the Department of Education 
(DepEd). The Deped, in collaboration with the Department of Health and 
Department of Labor and Employment (DOLE) shall also disseminate material 
and information concerning effective practices in working with, training and 
education CSN. 


/ 
SEC. 23. Appropriations. -
For the implementation of this Act, the 
amount of Six Hundred Million Pesos (P600,OOO,OOO.OO) per year for 'five (5) 
consecutive years is hereby appropriated for the SPED program to be included in 
the General Appropriations Act. 
A supplementary appropriation in the amount of Twenty Million Pesos 
(P20,OOO,OOO.OO) to be sourced from the President's Social Fund and the 
Philippine Amusement and Gaming Corporation (PAGCOR) shall be provided to 
BSE as a reserve fund for every year of operation immediately upon approval of 
this Act. This shall be used exclusively to augment funding for auxiliary aids and 
services. 
Government incentives and support provided by the DepEd, DOF, DOH, 
DILG, CWC and the National Commission for the Welfare of Disabled Personnel 
shall also be included in their respective annual budget in the General 
Appropriations Act. 
SEC. 24. Implementation. - The Department of Education through the 
Bureau of Special Education, in coordination with the Department of Interior and 
Local Government, Department of Health, Department of Finance, Council for the 
Welfare of Children and the National Council for the Welfare of Disabled 
Persons, shall promulgate and issue the necessary guidelines for the creation 
and operation of the SPED Centers within six (6) days after the effectivity of this 
Act. 
SEC. 25. 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. 
SEC. 26. Repealing Clause. Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rules and regulations 
contrary to or inconsistent with the provisions of this Act are hereby repealed, 
modified or amended accordingly. 
SEC. 27. Effectivity Clause. - This Act shall take effect fifteen d 5) days 
after its publication in at least two (2) newspapers of general circulation. I 
Approved,