FIFTEENTH CONGRESS. ____-} oe = ae
REPUBLIC OF THE PHILIPPINES —).
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2280

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:

House Bill No.

“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

RUFUS B. RODRIGUEZ

MAXIMO B. ML scucs JR.


_ FIFTEENTH CONGRESS:
REPUBLIC OF THE PHILIPPINES -
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No.

2280

AN ACT

ESTABLISHING AT LEAST ONE (1) SPECIAL EDUCATION (SPED)
CENTER FOR EACH SCHOOL DIVISION AND AT LEAST THREE (3) SPED
CENTERS IN EVERY BIG SCHOOL DIVISION 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 2010.”

SEC 2. Declaration of Policy. \t is hereby declared 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.D.
603 and Sections 12-14 of RA 7277, the State shall institutionalize an
adequate and relevant educational program for every child with special needs
through the establishment of SPED Centers and of their vital support
mechanisms. Thus, all CSN, irrespective of the degree of sensory, physical or
intellectual disability 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.


SEC 3. Objectives. The objectives of the Special Education-Act of 2010 —

are:

(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
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;

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

() 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;

() 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 children
as well as in the relevant individual programming, planning for
the student where such program differs significantly from the
standard curriculum and other matters that enhance the role
of parents and other caregivers as the primary educators and
caregivers of their children from birth onward;

0 To involve private groups, local government units and
national agencies other than the Department of Education, in
the education of children with special needs;

@ 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 functions of an individual or activities of such
individual, 2) a record of such an impairment, 3) being
regarded as having such an impairment;


__.(b).

()

(a)

(e)

1)

__“Impairment_ is. any—loss,—-diminution -or--aberration -or

psychological, physiological or anatomical structure or
function;

“Handicap” refers to a disadvantage for a given individual,
resulting from an impairment or a disability that limits or
prevents the function or activity that is considered normal
given the age and sex of the individual

“Disabled persons” are those suffering from restriction or
different disabilities 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 disabled persons’ refer to
disabled persons who lack access to rehabilitative service
and educational opportunities due to poverty, abandonment,
illness and other forms 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;

“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
characteristics; 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 areas: 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 reasons
thereof, require services or activities not 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-direction,
home living, social skills, community use, self-direction,
health and safety, functional academics, leisure and
work;

|. The “Visually impaired” are those who are blind or
having a iow 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 or regular print
under special condition;

. The "Hearing Impaired” are those who are deaf or hard-
of-hearing. The deaf person is one whose hearing is
not functional for ordinary purposes in life. The hard-of-
hearing has a sense of hearing which although
defective is functional without a hearing aid;

*Students/children with behavior problems" are those
who cannot adjust to the socially accepted norms or
behavior and consequently disrupt their academic
progress, the leaming efforts of their classmates and
interpersonal relations;

The “Orthopedically Handicapped’ 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
illness like cardiac (heart) diseases, asthma, diabetes,
tuberculosis and other respiratory ailments,
carcenonza, epilepsy, malnutrition and others;

*Students/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 conditions as perceptual
handicap, brain injury, minimal brain dysfunction,
dyslexia and developmental aphasia;

The “Speech Impaired” are those whose speech differs
from the average so far as to draw unfavorable
attention to the manner of speaking rather than thought
conveyed;


(9)

()

0

0)

(k)

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

“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 types of aids and
services that facilitate the learning process of people with
mental disability;

“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.

“Private sector participation” encompasses all forms of
indispensable, substantial and meaningful participation of
private individuals, partnership, groups or entities, community
based organizations or non-governmental organizations in
the delivery of educational and rehabilitative services for
students and children with special needs.

“Basic Education’ consists of at least six (6) years of
elementary education and at least four (4) years of secondary
education including preschool education

"Special Education’ is basic education that takes into account
the special needs of both disabled children and gifted
children 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.


) _"Functional literacy” is the level of literacy-necessary for the
7 student or child to become a useful citizen and effective
member of the society.

SEC 5. Coverage. - This Act shall cover students 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 is primarily tasked in 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.
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 proper medium or program.

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 (CDD) and (3) Special Services
and Auxiliary Aids Division (SSAAD), with the staffing needs to 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
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 not 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 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;
©) 1 SPED teacher for the visually impaired;

d) 1 SPED teacher for the hearing impaired;

) 1 SPED teacher for the autistic children;

f) 1 SPED teacher for the learning disabled;


9) 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 and province shall be appointed,
among their 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 need basis. He/she shall assist
isolated or remote schools with specialized equipment, individual programs,
curriculum adjustment, teaching aids and building modifications.

SEC 10. Authority of the Secretary of Education to Give Grants to,
or Enter into Cooperative Arrangement for the Creation of SPED Centers.
= 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 organizations for the establishment or 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;

() 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

cettified CSN;


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

() 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
association with such organizations or institutions as are determined by the
Deped Secretary to be appropriate, shall undertake continuing research to
identify and design 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

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 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
optimize education and participation in the educational process shall also be
provided for free and/or 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, medical examinations and the like with 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 through
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. shall-
“be supervised by the National Nutrition Council and the Department of Health
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 students 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 their 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
gift of the teachers/instructors to professional advancement and ensure that the
teaching staff attract the best available talents through adequate renumeration,
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 others who are 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, siblings 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 could maximize his/her services for the optimum
development of the potential of the child.

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 without penalty or royalty, Furthermore, on or before the second
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 to a school
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 the
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;

°) 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
equipment, among others;

d) Provision 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 materials and information concerning effective practices in working
with, training and education of CSN.


SEC 23. Appropriations. — For the implementation. of this Act,the
‘amount of Six Hundred Million Pesos (P600,000,000.00) 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
(P20,000,000.00) 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 (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved.