RECEIVED
SO JUN 2016
Republic of the Philippines DATE:

HOUSE OF REPRESENTATIVES —qaye.

Quezon City

By:
SEVENTEENTH (17") CONGRESS
First Regular Session
e
HOUSE BILL xo32S

°S ReaisTRanon UNIT
BILLS AND INDE X SERVICE

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

The bill entitled, ‘An Act Granting Additional Privileges to Children with Special
Needs (CSN),”" was originally filed in the 16th Congress by Rep. Franz E. Alvarez.

The 1987 Philippine Constitution in Section 13 of Article I mandates that:

“The State 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 shall inculeate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.”

This constitutional mandate requires our government to address the right of every
o child, including Children with Special Needs (CSN). According to the Department of
Education (DepEd), as of 2010, there are 5.49 million CSNs, representing thirteen percent
(13%) of the total population of Filipino children in the Philippines. Of the 5.49 million
CSNs, 4.2 million are registered as Persons with Disabilities (PWDs), while 1.27 million are
gifted children. |

Because of their special status, the bill proposes several policy measures that will help
create and maintain a stable environment where their special needs are given ample attention.
Through the establishmeiit of identification mechanisms, full participation of stakeholders
and adequate budgetary support, it is the vision of this representation to level the playing
field and give the necessary assistance to our CSNs.

It is high time that State pay close attention and address the needs of our special
children, as well as take the necessary steps to help to make them productive citizens. The
passage of this bill will serve as an investment to our special children that will certainly
contribute to the bettermeat of our country

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

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[Apher

1 hetp://news.abs-cbn.com /lifestyle/06/03/10/deped-congress-pass-special-education-act

HOUSEOF REPRESENTATIVES



Republic of the ines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH (17") CONGRESS
First Regular Session

a
HOUSE BILL No._ 388

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN ACT
GRANTING ADDITIONAL PRIVILEGES TO CHILDREN WITH SPECIAL
NEEDS (CSN)

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

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

It is also the policy of the State to give full support for their welfare and
development to ensure their full integration to society as well as to facilitate their
active participation in the affairs of the State. Towards this end, the State shall
institutionalize additional privileges for every CSN through the establishment of
privileges equal to those that benefit Filipino senior citizens. Thus, all CSN, in any
degree of sensory, physically or intellectual disability or needs, will have privileges
that will greatly help them to live better lives.

Objectives. The Objectives of this bill are:
(a) To provide CSN access to additional privileges through the granting of
discounts to transportation, medical, leisure;

(b) To facilitate integration of CSN with society;


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(c) To facilitate integration of CSN fully develop their potentials towards self-
sufficiency and become more effective partners in the affairs of the country

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

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

(h) To enhance the role of parents, teachers and other caregivers as primary
caregivers as primary caregivers of the children by equipping them with
capabilities to identify, prevent, refer or intervene with the development
disorders and disabilities of children:

(i) To involve private groups, local government units (LGUs) and national
agencies other than the Department of Social Welfare and Development
(DepEd) in the education of CS!

(j) To create significant and positive changes in community attitudes towards
disability and the need to provide special education and proper care for CSN.

SEC. 2. Definition of Terms.

Children with special needs (CSN) refer to those who are the gifted or 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 mental characteristics, sensory abilities, neuro-muscular or physical characteristics,
social attributes, to such an extent that requires the use of modified school practices or
special education services to develop them to maximum capability. They may be
classified as follows:

1. Gifted children and fast learners are those capable of superior
performance including those with demonstrated achievement 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 performing arts and psychomotor ability, or those
individuals who consistently manifest the following cluster of traits: above
average ability (including intelligence), high creativity (implies the
developmental appreciation of innovative ideas) and high task commitment
(related to a high degree of motivation) and those who by reason thereof,
require services or activities not ordinarily provided by the school;

2. Children with mental retardation intellectual disability are those who
have substantial limitation in present functioning characterized by significant
sub-average intellectual functioning, existing concurrently with the related
limitations in two or more of the applicable adaptive skill areas;


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communication, self-care, home living, social skills, community use, self
direction, health and safety, functional academics, leisure and work;

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

4. Children with hearing impairment are those who are deaf of hard-o!-
hearing. The deaf persons are one whose hearing are non-functional for
ordinary purpose in life. The hard-of-hearing have a defective sense of hearing
that is functional without a hearing aid;

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

6. Children with orthopedic/physical handicap are those whose
impairment permanently or temporarily interferes with the normal functions of
the joints, muscles or limbs;

7 . 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 illnesses such as cardiac (heart) diseases, asthma, diabetes,
tuberculosis and other respiratory ailments, carcenonza, epilepsy, malnutrition
and others;

8. 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 handicaps, brain injury, minimal brain dysfunction,
dyslexia and developmental aphasia;

9. 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 the thought conveyed;

10. Children with autism are those with developmental disabilities, the
onset of which occurs before 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;


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11. Children with multi-handicaps are those with more than one
ity such as the deaf-blind or those diagnosed with autism and intellectual

disability.
SEC. 3. Coverage. - This Act shall cover all children with special needs.

SEC. 4. Privileges for the Child with Special Needs. - The Child with Special
Needs shall be entitled to the following

a) The grant of twenty percent (20%) discount on purchases of basic
necessities such as food , water, groceries and medicines;

b) The grant of twenty percent (20%) discount from all establishments
relative to utilization of transportation services (including all public
utility vehicles), hotels and similar lodging establishments, restaurants
and recreation centers: Provided, That private establishments may claim
the cost as tax credit;

c) A minimum of twenty percent (20%) discount on admission fees
charged by theaters, cinema houses and concert halls, circuses, carnivals
and other similar places of culture, leisure , and amusements;

d) Free medical and dental services in government establishment
anywhere in the country, subject to guidelines to be issued by the
Department of Health, the Government Service Insurance System and
the Social Security System;

SEC. 5. Government Assistance. - The Government shall provide the following

assistance to those caring for and living with the Child with special needs:

a) The Child with special needs shall be treated as dependents provided
for in the National Internal Revenue Code and as such, individual
taxpayers caring for them, be they relatives or not shall be accorded the
privileges granted by the Code insofar as having dependents are
concerned.

b) Individuals or non- governmental institutions establishing homes,
residential communities or villages solely for the CSNs shall be
accorded the following:

1) Realty tax holiday for the first five (5) years starting from the
first year of operations;

2) Priority in the building and/or maintenance of provincial or
municipal roads leading to the aforesaid home, residential
community or retirement village.


SEC. 6. The Office for Children with Special Needs (OCSN). - There shall be
established in the Office of the Mayor an OCSN to be headed by a Councilor who
shall be designated by the Sangguniang Bayan and assisted by the Community
Development Officer in coordination with the Department of Social Welfare and
Development. The functions of this office are:

a) To plan, implement and monitor yearly work programs in pursuance
of the objectives of this Act;

b) To draw up a list of available and required services which can be
provided to the Children with Special Needs;

c) To maintain and regularly update on a quarterly basis the list of
Children with Special Needs and to issue nationally uniform
individual identification cards which shall be valid anywhere in the
country;

d) To serve as a general information and liaison center to serve the
needs of the Children with Special Needs.

SEC. 7. Penalties, - Violation of any provision of this Act for which no penalty
is specifically provided under any other law, shall be punished by imprisonment not
exceeding one (1) month or a fine not exceeding One thousand pesos (PI,000.00) or
both.

SEC. 8. Implementing Rules and Regulations. - The Secretary of Social
Welfare and Development jointly with the Department of Trade and Industry, Land
Transportation and Franchising Regulatory Board, Department of Finance, the
Department of Health, and the Department of Interior and Local Government shall
issue the necessary rules and regulations to carry out the objectives of this Act.

SEC. 9. Appropriations. - The National Government shall appropriate such
amount as may be necessary to carry out the objectives of this Act.

SEC. 10. Repealing Clause. - All provisions of laws, orders, and decrees,
including rules and regulations inconsistent herewith are hereby repealed and/or
modified accordingly.

SEC. 11. Separability Clause. - If any part or provision of this Act shall be
held to be unconstitutional or invalid, other provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SEC. 12. Effectivity. - This Act shall fifteen (15) days following its publication
in one (1) newspaper of general circulation

Approved.