THIRTEENTH CONGRESS OF 
First Regular Session 
OF THE PHILIPPINE§ 
? 
.rJ 
THE REPUBLIC) 
D 
S E N A T E  
t 
Introduced by Senator Flavier 
EXPLANATORY NOTE 
The democratization of access to quality education particularly for children 
and youth with special educational needs such as the gifted, the gifted but 
physically handicapped, the fast learners, the mentally retarded, the visually 
impaired (blind), the hearing-impaired (deaf), the orthopedically handicapped, the 
speech defectives, those with behavior problems, those with learning disabilities 
and those with special health problems and others have not received as much 
attention as it should have. Of the approximately 4,000,000 children and youth 
with special needs between the ages 0 and 21 in the country, only 74, 965 are 
being served through our present special education program. Thus, of the 13% 
universal estimate of children and youth with special needs, the Philippines has 
been able o serve less than 2% of this sector. 
The progress of special education has been hampered by various 
complaints. 
Besides the lack of classrooms, physical facilities and special 
equipment suitable to the needs of the disabled, the dearth of specially trained 
teachers and school administrators for the various exceptionalities has remained 
a perennial problem. As of 1989, only 1,274 teachers across the country have 
been trained for the abovementioned children and youth with special needs, one 
reason why only less than 2% of the total number of these minors can be served. 
Parent education is an urgent need in the campaign to enhance home-school 
relationships and to maximize their sense of competence and involvement in the 
education of their handicapped and as well as the gifted children. 
Over the years, the Bureau of Elementary Education has worked for the 
improvement of the delivery system despite and against any constraints. These 
efforts can only be sustained if they are anchored on a legal mandate that fully 
supports and ensures the continuity of long-term programs to help develop the 
potential of handicapped and gifted persons. In this way, self-reliance that has 
been wanting among the handicapped who are potential assets to themselves 
and to the country could be developed. 
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With the advent of the worldwide rnovement of Education for All (EFA), 
adequate provision for the education of the handicapped and the gifted will 
contribute to the achievement of its objectives which emphasizes the eradication 
of illiteracy, greater effectiveness of learning for all and the acquisition of basic 
skills, knowledge and attitudes to empower them for a better quality of life. 


As an expression of our deep concern to this sector of our society and to 
give fuller meaning to the democratization of education towards their upliftment, 
this bill is recommended for immediate approval. 
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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
2 
First Regular Session 
’ )  
S E N A T E  
”S. NO. 
1,. - 
Introduced by Senator Flavier 
AN ACT 
TO EXPAND AND REVITALIZE THE SPECIAL EDUCATION PROGRAM FOR 
GIFTED AND HANDICAPPED CHILDREN AND YOUTH IN THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION I. 
Short Title. - This Act shall be known as the “Gifted 
and Handicapped Children and Youth Act.” 
SEC. 2. Declaration of Policy. - The State shall recognize 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 give priority to 
education, science and technology, arts, culture and ports to foster patriotism 
and nationalism, accelerate social progress, and promote human liberation and 
development. 
SEC. 3. Special Education Program. - Pursuant to the foregoing policy, 
there shall be established in every school division a comprehensive special 
education program for handicapped and gifted children and youth in the pre- 
elementary, elementary, and secondary levels throughout the country with the 
following essential program components. 
(a) 
Educational diagnosis and assessment essential to the proper 
identification of gifted and hardicapped children and youth. 
(b) 
Teacher education (pre-service and continuing in-service training) 
for teaching and non-teaching personnel to ensure staff 
competence; 
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(c) 
Expanded curriculum development and evaluation to meet the 
diversified needs of the clientele; 
Continuing research as basis for improvement of instruction at the 
pre-elementary, elementary and secondary levels and in planning 
and service programming activities including the purchase of 
special facilities and equipment; and 
Parent-education informing them of available services, placement 
options and other relevant information to enable them to make 
informed decisions. 
(d) 
(e) 
SEC. 4. Definitions. - For purposes of this Act, the term 
(a)“Gifted” shall refer to one who shows advanced development and 
potential for at least above average verbal or linguistic intelligence, 
logical or mathematical intelligence, body or kinesthetic intelligence, 
visual or spatial intelligence, musical or rhythmic intelligence or 
leadership ability. 
(b) “Handicapped” shall refer to one who has a physical or mental 
impairment that substantially limits one or 
more of 
hidher 
psychological, physiological or anatomical functions. 
(c) “Secretary” shall refer to the Secretary of the Department of Education, 
Culture and sports. 
SEC. 5. 
Organization. - Every public school division throughout the 
country shall organize special classes for gifted and handicapped children and 
youth in the pre-elementary, elementary and secondary levels. The organization 
of pre-school classes for these children ard youth shall be strongly encouraged 
to ensure early educational intervention. 
Every public school division shall also organize special educatioh centers 
which shall include non-formal and outreach program for out-of school children 
and youth. 
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SEC. 6. 
Special Services. - Special schools and special education 
centers shall offer a range of special services which shall include medical, 
psychological and social services, diagnostic counseling, vocational and 
recreational services. Regular schools within the school division with special 
education classes shall have access to the above services. 
SEC. 7. Provision for Confinuing Research to ldentify Special Needs 
of Giffed and Handicapped Children and Youth. - The Special Education 
Division of the Department of Education, Culture and Sports, by itself or in 
association with such organizations or institutions as are determined by the 
Secretary to be appropriate, shall undertake continuing research to identify and 
design a comprehensive special education@ program that meets the full range of 
special needs of gifted and handicapped children and youth: Provided, That 
such continuing research shall also be used to develop instructional techniques 
for use by special education centers that will improve the acquisition by 
handicapped children and'youth of skills necessary for transition to independent 
living, vocational training, or competitive employment; Provided, finally, That such 
continuing research shall further be used to design physical education and 
therapeutic recreation program for use by special education centers to increase 
the potential of handicapped children and p u t h  for community participation. 
SEC. 8. Skills training. - Vocational education and training shall be 
provided and strengthened to render handicapped children and youth more 
skillful and competitive. 
SEC. 9. Teacher's Ifern. - Wherever requirements are met, the salary 
grade of teachers handling special education classes shall be two grades higher 
than that of a regular teacher and their present items shall be reclassified to 
special education teacher items. Items for special education supervisor in each 
public school division and head teachers 'of special Education centers shall be 
created for effective administration and supervision of the comprehensive special 
education program. 


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SEC. I O .  Provision for Training of Personnel. - The Department of 
Education, Culture and Sports, in collabo\ation with the Commission on Higher 
Education and the 'Technical Education and Skills Development Authority, shall 
develop special education courses for adoption and implementation by 
accredited higher education institutions; 
Provided, That such courses shall 
include subjects on: (a) special education and adaptive physical education; (b) 
special education supervision and administration; and (c) special education 
research; Provided, finally, That the Secretary may make grants, which may 
include scholarships with necessary stipends and allowances, to institutions of 
higher education and universities which already offer such or similar courses. 
SEC. 1 I. 7eacher Training. - All teacher training institutions, public or 
private, offering Bachelor's degree in Education shall include Special Education 
subjects as basic knowledge to students in teacher education. 
SEC. 12. 
Authority of the Secretary of Education, Culture and 
Sports. - The Secretary of Education, Culture and Sports is charged with the 
administration and enforcement of the provisions of this Act and shall promulgate 
and issue that necessary implementing rules and regulations within sixty (60) 
days from the effectivity of this Act. A co>y of such rules and regulations shall 
furnish the Congress of the Philippines. 
He /She is hereby authorized to organize a group under hidher office to 
intensify the supervision and development efforts on special education at the 
elementary and secondary levels, including out-of-school children and youth. 
SEC. 13. Dissemination of Materials and hformation Concerning 
Working Practices with Gifted and Handicapped Children and Youth. The 
Secretary, in collaboration with the Secretary of Health and Secretary of Labor 
and Employment, shall disseminate materials and information concerning 
effective practices in working with, training and educating gifted and handicapped 
children and youth. 


SEC. 14. Appropriation. - The initial amount of Fifty Million. Pesos 
(P50,000,000.00) 
is hereby authorized to be appropriated out of the President's 
Organization Adjustment Fund to carry out the provisions of this Act on the year 
of its approval. Thereafter, such sums as may be necessary to sustain and 
maintain the program mandated in this Aci shall be included in the budget of the 
Department of Education, Culture and Sports in the General Appropriations Act. 
SEC. 15. lncenfiwes for Privafe lndividua/s/€r?fities. - Aqy donations, 
gifts, bequests in the form of cash, building, land or improvements thereon, from 
private entities as well as private corporations, which shall be made to the 
Department of Education, Culture and Sports for the purposes of this Act, shall 
constitute allowable deduction from the income of the donor for income tax 
purposes and shall be exempted form donor's tax, subject to such conditions as 
provided under the National Internal Revenue Code. 
SEC. 16. Repealing Clause. - Any law, act, decree, order, proclamation 
or regulation or part thereof inconsistent with this Act is hereby repealed or 
modified accordingly. 
SEC. 17. Separability Clause. - In the event that any provision of this 
Act, or part thereof, it is hereby declared invalid or unconstitutional, the remaining 
provisions thereof shall be considered valid and binding. 
SEC. 18. Effecfivify. - This Act shall take effect after fifteen (15) days 
from its publication in the Official Gazette or in a newspaper of general 
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circulation. 
Aprroved,