Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
FIFTEENTH CONGRESS

3 a 93
HOUSE BILL No.__“'

Introduced by: REPRESENTATIVE IMELDA CALIXTO-RUBIANO

EXPLANATORY NOTE

No less than the 1987 Constitution expressly provides under Article II (State
Policies) that the “State values the dignity of every human person" and it "recognizes
the vital role of the youth in nation-building and shall promote and protect their physical,
moral, spiritual, intellectual. and social well-being”. It is also a declared State policy
under Article XV that the State shall defend “the right of children to assistance, including

"proper care and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their development.”

As enshrined in said Constitutional provision and in line with the policy of the
State to give priority to “education, science and technology, arts, culture, and sports to
foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development’, the importance of the protection and promotion of the
rights of children including their welfare and development cannot be questioned

It is in this light that this measure seeks to establish and institutionalize a Special
Education Center for Children with Special Needs (CSN) in order for them to fully
integrate into the mainstream of society and eventually, participate in the affairs of the
State.

Hence, the passage of this bill is earnestly sought for.

sdpthes

HON. IMELDA CALIXTO-RUBIANO
Representative
Lone District of Pasay City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
FIFTEENTH CONGRESS

3293

HOU:

BILL No.

Introduced by REPRES! “ATIVE IMELDA CAL

(SPED) C
(3) SPED C

SPECIAL NI
PHER

AND AT LEAST THREE
FOR CHILDREN WITH
NTING MACHINERY
‘OR GOVERNMENT FINANCIAL
| IVES AND SUPPORT, AND 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
(SPED) Act of 2010”.

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State

to protect and promote the rights of children with special needs (CSNs) 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.


L

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, Article II; Section 13, Article XIII; Section | and
Section 2, paragraphs 1 and 3, Article XIV of the 1987 Constitution; Article 3 of
Presidential Decree No. 603 (The Child and Youth Welfare Code); and Sections 12 to

14 of Republic Act No. 7277 (Magna Carta For The Disabled), the State shall

institutionalize an adequate and relevant educational program for every child with
special needs through the establishment of Special Education (SPED) Centers and of
their vital support mechanisms. Thus, all CSNs, irrespective of the degree of sensory,

physical or intellectual disability or needs, 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

SEC. 3. Objectives. — The objectives of the SPED Act of 2010 are:

(@) To provide access to basic education among CSNs, namely: the
gified/talented, students/children with mental  retardation/intellectual
disability, with visual impairment, with hearing impairment, with
orthopedic/physical handicap, with learning disability, with speech defect,
with behavior problems, with autism and those with health problems
through the formal system and other alternative delivery services in
education;

(b) To ensure that CSNs 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;


2

(c) To ensure that CSNs understand, appreciate and respect differences
amongst 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;

(ec) To equip the parents, caregivers and teachers with the capabilities
to identify, prevent, refer and intervene with the developmental disorders

and disabilities of children well as in the relevant” individual

programming/planning for the student where such program differs significantly

from the

andard curriculum and other matters that enhance the role of parents

and other caregivers as the primary educators and caregivers of their children

from birth onwards;

yi (f) To involve private groups, local government units and national
agencies other than the Department of Education (DepED) in the education of
CSNs; and

(g) To effectuate significant and positive changes in community

attitudes towards disability and the need to provide special education, care and
other needs of CSNs.
SEC. 4. Definition of Terms. — For purposes of this Act. these terms are

defined as follows:

(a) “Disability” refers to: (1) a physical or mental impairment
that substantially limits one or more psychological,

physiological or anatomical function of an individual or

activities of such individual: (2) a record of such an
impairment;-and (3) being regarded as having such an

impairment


(b)

(°)

(d)

(e)

“{mpairment” refers to any loss, diminution or aberration of psychological,

physiological or anatomical structure or function

“Persons With Disabilities (PWD)” refers 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 given the age and sex of the individual.
“Marginalized/Disadvantaged Persons with Disabilities” refers 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
either have no means of livelihood or have incomes below the poverty
threshold as determined by the National Statistics Coordinating Board
(NSCB).

“Children and Youth with Special Needs” refers to those who are gifted
and are fast learners; and those who are disabled, impaired and
handicapped and in need of special education as well as services for
rehabilitation. They differ from the average children in: (1) mental
characteristics; (2) sensory abilities; (3) neuromuscular or physical
characteristics; (4) social attributes; (5) multiple handicaps; and/or

(6) developmental lag to such an extent


(i)

(ii)

(iii) *

5

that requires the use of modified school practices or special

education services to develop them to maximum capability.
They may fall within the ages zero to twenty-one (0-21)
years and may be classified as follows
“Gifted children and fast learners” are those capable of superior
performance and these include those with, demonstrated
achievement or potential ability in one 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), high
task commitment (related to a high degree of motivation), and those
who by reason thereof, require services or activities not ordinarily
provided by the school.

“Students/Children with mental retardation/intellectual disability”
are those who have substantial limitation in present functioning
characterized by significant sub-average intellectual functioning,
existing concurrently with related limitations in two 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.

students/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 afier maximum correction. The

low vision persons retain relatively low degree of vision and can


(iv)

(vy)

(vi)

(vii)

(viii)

(ix)

read only enlarged print or regular print under special conditions
“Students/Children with Hearing Impairment” are those who are deaf or
hard-of-hearing. Deaf persons are those whose hearing are non-
functional for ordinary purposes in life. The hard-of-hearing have sense
of hearing which, although defective, is functional with or without a

hearing aid.

tudents/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.

“Students/Children with Orthopedie/Physical Handicap” are those
whose impairment permanently or temporarily interferes with the
normal functions of the joints, muscles or limbs.

“Students/Children with Special Health Problems” are those who have
health conditions that tend to keep children out-of-school or those with
chronic and/or debilitating illness like cardiac (heart) diseases, asthma,
diabetes, tuberculosis and other respiratory ailments, carcenonza,
epilepsy, malnutrition and others.

“Students/Children with Learning Disabilities are those who although
normal in sensory, emotional and intellectual abilities, exhibit disorders
in perception, listening, thinking, reading, writing, spelling, or
arithmetic. They have such conditions as perceptual handicap, brain
injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
“Students/Children with Speech Defects” are those whose speech differs
from the average so far as to draw unfavorable attention to the manner

of speaking rather than to thought conveyed.


z

(x) “Students/Children with autism” are those with developmental
disabilities, having onset before thirty (30) months of age 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.

(xi) “Students/Children with multi-handicaps” are those with more than

one disability such as the deaf-blind, those with autism and with

intellectual disability and other

(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:

(i) Therapy

(ii) Qualified interpreters or other effective methods of delivering

materials to individuals with hearing impairments;

or other effective methods of

(iii) Qualified readers, taped 1

delivering materials to individuals with visual impairments:

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

(v) Other similar services and actions or all types of aids and services

that facilitate the learning process of people with mental disability.

(h) pecial instructional materials” refers to in
Braille, large type or any other medium or any apparatus
that convey information to a student or otherwise
contributes to the learning process

(i) “Private sector participation” refers to all forms of

indispensable, substantial and meaningful participation of

private individuals, partnerships, groups or entities


8

community-based organizations or nongovernmental
organizations in the delivery of educational and
rehabilitative services for students and CSNs.

@ “Basic education” refers to at least six (6) years of
elementary education and at least four (4) years of
secondary education including pre-school education.

(k) “Special education” refers to basic education that takes into

account the special needs of both disabled children and

gifted children that require 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 that type of education

tailored to meet the needs of children who cannot profit

because of disabilities or ¢:

SPED_ is

eptional abilit ‘The trend in

towards integration with the education. of
normally-abled children.

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

See. 5. Coverage. ~ This Act shall cover all students and CSNs

nationwide,

SEC. 6. Creation of the Bureau of Special Education, — To attain the

objectives of this Act, the Burau of Special Education (BSPED). hereinafier

referred to as the Bureau, is hereby created to institutionalize and govern

special education in the Philippines. The Bureau is primarily tasked with
the formulation and administration of an appropriate curriculum and
developmentally-suited programs to primarily achieve functional literacy of the

students/children with special needs and ensure their integration to society.


9

The full continuum of educational services shall also be made available by the
Bureau to those CSNs below school age through regular home. visits,
consultations, day care activities and any proper medium or program

The BSPED shall function as a regular bureau of the DepED under the
direct supervision of the Department Secretary and shall be headed by a

director and ‘ant director.

Three (3) division chiefS.shall serve as heads for the: (a) Gifted Children
Division (GCD); (b) Children with Disabilities Division (CDD); and
(c) Special Services and Auxiliary Aids Division (SSAAD), and whose staff
shall be equitably distributed in accordance with the current needs and

* concems of their respective divisions. They shall assist the director in the
formulation, implementation and improvement of the framework and
components of the SPED program.

The Philippine Printing House for the Blind under the existing
organizational structure of the DepED shall become part of the SSAAD and
shall take charge of the production of materials that convey information to a
student or otherwise contribute to the learning process.

SEC. 7. 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 in
regular schools. It shall: (a) support CSNs to be integrated/included, in regular
schools; (b) assist in the conduct of school-based training: (c) produce
appropriate teaching materials; and (d) conduct assessment of CSNs. It shall

also be the responsibility of the SPED centers to assist and facilitate the



10

transfer/admission of qualified children with disabilities to post-secondary or
tertiary education institutions and monitor the same.
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,
leaming disabilities, behavioral problems, multiple disabilities, mental
retardation/handicap and mental giftedness.

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

‘There shall be an assistant principal for each SPED center. He/She shall
administer and supervise the alternative educational programs. 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 SPED

program in his/her jurisdiction. He/She shall also be responsible for the

formation and supervision of a placement committee under his/her jurisdiction

as well as in the resolution of disagreements on placement and services.


i

The SPED teachers and school administrators managing SPED centers

and special schools shall be assigned a salary grade which is three (3) salary

grades higher than that of a regular teacher and school administrator
respectively :

SEC. 8. “Other Personnel of SPED Centers. — The administrative core
and placement committee of the SPED unit for each city and province shall

comprise:

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

(b)_ One (1) physical therapist

(c) One (1) occupational therapist;

(d) One (1) speech and language therapis/speech correction teacher:
and

(e) One (1) education supervisor.

They shall also be jointly tasked to develop and maintain a data bank in

special education in their respective jurisdictions. The placement committee

shall, among others, ensure that students with disabilities are educated as close

as possible to their homes

cd alongside their age-appropriate peer groups, and

that these students attend their local schools or wavel the shortest distance

possible in the availment of educational services, in consultation with, and
active participation of parents.

Ss!

°.9. Itinerant SPED Teachers. ~ Itinerant SPED teachers shall also

be appointed whenever necessary. He/She shall assist isolated or remote

schools with specialized equipment. individual programs, curriculum

adjustment, teaching aids and building modifications.


2

SEC. 10. 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

ve grants to, or enter into
cooperative arrangements or contracts with public or private non-profit
agencies, institutions or organizations for the establishment or creation of
SPED centers for CSNs: Provided, That a grant made pursuant to this section
may be made only for the following or similar programs:

(a) Technical assistanee of SPED centers providing educational

assistance for CSNs

(b) Pre-service or in-service training of professionals or related

services of personnel preparing to serve or serving CSNs;

(c) Replication of successful innovative approaches in providing
educational or related services to CSNs;

(d) Facilitation of parental involvement in the education of their
CSNs:

(e) Diagnosis and educational evaluation of CSNs at risk of being
certified CSNs:

(f) Consultative, counseling and training services for the families of

Ns; and

(g) Familiarization of the municipality or city to be served by a SPED

center with the problems and potentialities of such children.

SEC. I1. Provision for Continuing Research to Identify Special Needs

of CSNs. - The Bureau by itself or in association with such organizations or
institutions as determined by the Secretary of the DepED to be appropriate,
shall undertake continuing research to identify and design programs that shall
meet the full range of needs of CSNs: Provided, That such continuing research
shall also be used to develop instructional techniques for use by the SPED

ition of CSNs of

ills neces

centers that will improve the acqui ry for


13
transition to independent living, vocational training or competitive
development: Provided, further, That 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 CSNs for community participation.

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 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 programs, subsidies and other incentives. Marginalized disabled
persons and those coming from indigenous communities shall be the priority in

tance.

the grant of the aforesaid assi

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 and at discounted rates to

deserving students and at very affordable rates in general through a reasonable

funding scheme that shall be d
EC. 13. Medical A:

will ensure adequate and free medi

esigned by the Bureau.

istance. ~ The Bureau shall prepare a scheme that

| assistance and intervention programs,

including those essential to the student or child’s rehabilitation like therapy,

psychometric assessments, medical examinations and the like with government

clinics, hospitals and other health fa ies. In case the medical services 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 advanced treatment, CSNs shall be

entitled to a grant of twenty percent (20%) discount from the services of


i4

private hospitals and clinics: Provided, That these private hospitals and clinics

may claim the cost as tax credit.


15

SEC. 14. Nutritional Programs. — The nutritional programs for CSNs

shall be supervised by the National Nutrition Council (NNC) and the
Department of Health (DOH). in coordination with the local government

unit (LGU) health officer.

SEC. 15. Establishment of Specialized Day Care Centers. ~ Day care
centers specially designed for pre-school 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 Bureau, with the support of the Department of Social Welfare and

Development (DSWD) and the LGU 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 students/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/her leisure hours and for the

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 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 who are also involved in the education and rehabilitation of

the child.


16

The Bureau 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 post-graduate studies 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.

SEC. 18. Parent, Sibling and Caregiver Education, ~ There shall be a

formal training and counseling program fi

r parents, siblings and caregivers of
CSNs, for them to acquire a working knowledge of special education, gain an
understanding of the psychology of CSNs, be aware of their crucial role as
educators so that they maximize their knowledge and skills to attain the

optimum development of the potentials of the child.

StC. 19. Special Instructional Materials. ~ Publishers shall grant to the

DepED, through the SSAAD, the

uthority to transcribe adopted instructional

materials into Braille, la

rge-type and audio-t

ape 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 fumished 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 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. All profits and
income generated by the SPED center derived (rom 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 the 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,

ions of the Tariff and Customs Code, as

in accordance with the provi
amended.
Sec. 21. Local Government Unit (LGU) Participation. - The LGUs

shall be responsible for the:

(a) Provision of buildings or centers which are PWD-ftiendly and sites
where there are no existing school facilities that will house the
special education of students/children 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

studénts/children with special needs:
(c) Identification, coordination and the tapping of public or private
volunteers and private organizations, national or international, for

information dissemination campaigns, funding programs and other


18

projects to augment the funding for SPED programs and equipment,
among others: and
(d) Provision of counterpart funds for the training and seminars of
parents and teachers and 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 (DBM) and the Department of Finance
(DOF).
SEC. 22.’ Public Information, Education and Communication, ~ A
nationwide information dissemination campaign on the prevention, early
identification and intervention programs for CSNs shall be intensified. This

shall be the joint responsibili

y 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 CSNs.

SEC. 23. Appropriations. — The Secretary of the DepED. shall

immediately include in the Department’s program the implementation of this

Act, the funding of which shall be included in the annual General
Appropriations Act. .

Sec. 24. Implementation. — The DepED, through the BSPED, in
coordination with the DILG, the DOH, the DOF, 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.
SEC. 25. Separability Clause. — If, for any reason, any provision or part
hereof is declared invalid, other provisions not affected thereby shall remain in

full force and effect.


19

SEC. 26. Repealing Clause. — All laws, decrees, executive orders, rules
and regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed or modified acéordingly.

Sec, 27. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in any newspaper of general circulation.

Approved,