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NTATIVE:

Republic of the Philippines

HOUSE OF REPRESENTATIVES RECEIVED
Quezon City DATES) ay
SEVENTEENTH CONGRESS twwe:_YOF
First Regular Session BY:_/J
t
‘ 74 RECISTRATION UNTT
HOUSE BILL NO. BILLS AND ANDLX SERVICE

Introduced by Representative Alfredo D, Vargas III

EXPLANATORY NOTE

Children have a right to education regardless of any difficulties or differences they
may have. This right is granted not only by the Philippine Constitution but also by the
Magna Carta of Persons with Disabilities', and the United Nations Convention on the Rights
of Persons with Disabilities (UNCRPD); ratified in the country in 2008. But according to
the Department of Education (DepEd), only 2 percent of the 5.49 million children with
special needs (CSN) are getting government assistance? and 97 percent of aged 7 to 12
years old are not in school.‘There are some parents who tend to keep their CSN out of
school because of the fear that their children may be subjected to bullying and
discrimination. In addition, drop-out rates among CSN are relatively high because special
education (SPED) is often too expensive for an average Filipino family.5 As a result, most
parents of CSN find it difficult to send their child to school.

This proposed legislation seeks the establishment of SPED centers in all regular
schools ~ at least one (1) SPED center for each school division and at least three SPED
centers in big school division. These SPED centers shall provide for the effective
implementation of inclusive education, CSN taught in an inclusive environment will
believably achieve better academic results, learn to overcome the challenges of their
disability, become more confident of their abilities, and be able to make strong
relationships within their peers. Inclusive education also benefits able-bodied children as
they become more aware and sensitive to the needs of CSN, thus instilling in them the
values of acceptance, fairness and equality.

* Sections 12-17 of RA 7277

* article 24 of UNCRPD

* Jess Diaz. (2012) Angara wants schools for special children. The Philippine Star. [Online] Available from:
http://www. philstar.com/headlines/2012/10/29/861349/angara-wants-schools-special-children [Accessed 21
September 2013]

“ABS-CBN News. (2010) DepEd to Congress: Pass Special Education Act. [Online] Available from: http://abs-
cbnnews.com/lifestyle/06/03/10/DepEd-congress-pass-special-education-act [Accessed 21 September 2013]
Leonard Cheshire Disability Philippine Foundation. inclusive Education. [Online] Available from:
http://ledphilippinesfoundation .org/wo-content/uploads/brochures/iebrochure.pdf [Accessed 21 September
2013]



This bill also recognizes the role that the family plays in the development of the
aptitude of CSN. Thus, the bill offers formal training and counselling program for parents,
siblings and caregivers of CSN. To ease their financial ordeals, the bill also allows the DepEd
to prepare schemes for financial and medical assistance to indigent CSN.

Lastly, the bill provides incentives to private institutions that team up with the
government in advancing the education and rehabilitation of CSN.

To help CSN nurture and reach their full potential, ensure their participation in

society, and empower them to contribute to the development of the nation, the passage of
this bill is earnestly sought.

.FREDO D. VARGAS III


erie tii i RT URE Ne A

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

74

HOUSE BILL NO.

Introduced by Congressman Alfredo D. Vargas III

AN ACT
ESTABLISHING SPECIAL EDUCATION (SPED) CENTERS FOR CHILDREN WITH
SPECIAL NEEDS IN ALL PUBLIC SCHOOLS DIVISIONS, PROVIDING FOR
STANDARDS AND GUIDELINES, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Shor¢Title. - This Act shall be known as the “Special Education
(SPED)Centers Act.”

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 to quality
education and to take appropriate steps to make such education accessible to
them. The State recognizes their vital role in society and endeavors to include
their needs as an integral part of national development strategies.

It is also the policy of the State to fully support their welfare and
development, ensure their full integration in society, as well as facilitate their
active participation in the affairs of the State. Towards this end, and pursuant to
the 1987 Constitution specifically: Section 13, Article Il; Section 13, Article XIII;
and Sections 1 and 2, paragraphs 1 and 3, Article XIV, Article 3 of Presidential
Decree No. 603 (The Child and Youth Welfare Code), and Sections 12-14 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 need through the establishment of SPED Centers and the provision
of vital support mechanisms required to ensure their effectivity. All children
with special needs, in any degree of sensory, physical or intellectual disability or
need, shall therefore have the opportunity to be developed in the most
enhancing environment, consistent with the provision of a quality education that
best meets their needs.

SEC. 3. Objectives. - Special Education Centers shall pursue the following:


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(a) Provide children with special needs access to basic education
through the formal system and other alternative delivery
services in education;

(b) Facilitate the inclusion and integration of children with special
needs into the education mainstream in accordance with the
United Nations Convention on the Rights of Persons with
Disabilities, and the Incheon Strategy to Make the Rights Real for
Persons with Disability in Asia and the Pacific;

() develop, implement and oversee the Individual Education
Program;

(@ensure that children with special needs fully develop their
potentials towards self-sufficiency and become more effective
partners in the affairs of the country;

(e) ensure that children with special needs understand, appreciate
and respect differences amongst groups and members of
society, and to understand the nature of the society in which
they live;

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

(@) provide parents with information on the full continuum of
SPED services and possible placement options for their
children, and thus enable them to make informed choices and
decisions;

(h) support the role of parents by training and equipping them
with capabilities to identify, prevent, refer or intervene with
the developmental disorders and disabilities of children;

(D train, equip and educate teachers and other caregivers as
primary sources of care, development, education and
advancement of children; and,

()) create significant and positive changes in community attitudes
towards disability and the need to provide special education
and proper care for children with special needs.

SEC. 4. Definition of Terms. - As used in this Act:

(a) Basic education refers to meeting the basic learning needs
which provide the foundation on which subsequent learning
can be based. It encompasses kindergarten, elementary and
secondary education as well as alternative learning systems for
out-of-school learners and those with special needs;


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(b) Children with special needs refer to children who are gifted or
talented, or with neuropsychological retardation, learning
disabilities, emotional or behavioral disorders, speech and
language disorders, hearing impairments, visual impairments,
autism, physical or health disabilities, deaf-blindness and
multiple handicapping conditions and are in need of special
education as well as services for rehabilitation. They differ
from the average children in _neuropsychological
characteristics, sensory abilities, neuromuscular or physical
characteristics, and social attributes to such an extent that the
use of modified school practices or special education services
are required to develop them to maximum capability. ‘They
may be classified as children with exceptionalities such as the
follo

(1) Autism - those with developmental disabilities 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 that change over time;

(2) Behavior problems - those who cannot adjust to the
socially-accepted norms of behavior and consequently
disrupt their academic progress, the learning efforts of
their classmates, and their interpersonal relations;

(3) Gifted or talented - those who are 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 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) 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 a school;

(4) Hearing impairment - those who are deaf or hard-of-
hearing. Deaf persons are those whose hearing is non-
functional for ordinary purposes in life; the hard-of-
hearing have a defective sense of hearing but are still
functional with or without a hearing aid;


(5) Learning disabilities - those, although normal in sensory,
emotional and intellectual abilities, have a condition
that causes impediment/ impairment in perception,
comprehension, listening, thinking, reading, writing,
spelling or arithmetic;

(6) Multiple disabilities - those with more than one disability
such as the deaf-blind or those diagnosed with autism
and intellectual disability;

(7) Neuropsychological retardation/ intellectual disability -
those who have substantial limitation in present
functioning characterized by significant sub-average
intellectual functioning co-existing with _ other
limitations in two or more of the following applicable
adaptive skill areas: communication, self-care, home
living, social skills, community use, self-direction, health
and safety, functional academics, leisure and work;

(8) Orthopedic/physical disabilities - those whose
impairment permanently or temporarily cause difficulty
in mobility and all activities of daily life;

(9) Special health problems - those who have health
conditions that tend to keep them out-of-school, or
those with chronic and/or debilitating illnesses such as
cardiac disease, asthma, diabetes, tuberculosis and
other respiratory ailments, carcenonza, epilepsy, and
malnutrition;

(10) Speech impairment and delays - those who have
difficulty in expressing or articulating words in a
manner understandable by others;

(11) Visual impairment - 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 after maximum
correction. Low vision persons retain relatively low
degree of vision and can read only enlarged print or
regular print under special conditions;

(©) Handicap refers to a disadvantage of an individual, resulting
from an impairment or a disability that limits or prevents the
function or activity that is considered normal, given the age and
gender of the individual;


(4) Impairment refers to any loss, diminution or aberration of
psychological, physiological or anatomical structure or
function;

() Individual Education Program refers to the systematic,
purposive and developmental educational programming of
curricular and instructional priorities and contents designed to
meet a learner's special needs and aimed at ensuring mastery
learning of target skills and behaviors;

(8) Learning differences refer to any of the following:

(1)a physical or mental or sensory and_ intellectual
impairment that substantially limits one or more
psychological, physiological, anatomical, sensory or
intellectual function of an individual;

(2) a record of such an impairment; or,
i (3) being regarded as having such an impairment;

(g) Private sector participation refers to all forms of indispensable,
substantial and meaningful participation of private individuals,
partnerships, groups or entities, community-based
organizations or non-governmental organizations, in the
delivery of educational and rehabilitative services for children
with special needs;

(h) Special education refers to the customized instructional
program/service designed to meet the unique needs of
individual learners who differ from societal or community
standards of normalcy because of differences due to significant
physical, sensory, neuropsychological, cognitive or behavioral
characteristics that may necessitate the use of specialized
materials, equipment, services and/or teaching strategies. It is
geared towards the integration of children with special needs
into the education mainstream;

(i) Special instructional materials refer to textbooks in Braille,
large type or any other medium or apparatus, that convey
information to a student or otherwise contributes to the
learning process.

SEC. 5. Establishment of SPED Centers for Children with Special Needs in all
Public Schools Divisions. A SPED Center for children with special needs shall be
established in all public schools divisions nationwide where there are no existing
SPED Centers. Existing SPED Centers shall continue to function and additional
ones shall be established where the need arises due to increased number of


enrollees, upon recommendation of the Schools Division Superintendent and
approval of the Secretary of the Department of Education (DepEd).

All SPED Centers and facilities shall be compliant with the requirements
of Batas Pambansa 344 or the Accessibility Law.

SEC. 6. Functions of a SPED Center. The SPED Center shall function as a
resource center that shall assist in promoting inclusive education as to capacitate
regular schools to effectively handle the needs of children with special needs. It
shall:

(a) support children with special needs so that they could be
integrated included in regular schools;

(b) conduct school-based training of children with special needs;

(c) produce appropriate teaching materials for children with
special needs;

(d) conduct assessment of children with special needs to evaluate
developmental domains and specific areas of concern and
determine grade placement;

(e) implement the programs of the SPED Centers, such as the
Alternative Educational Program and the Early Intervention
Program;

(9 provide auxiliary aids and services or services that are
basically non-educational, but which enhance the education
process of the child with special needs. These services include:

(1) language and speech therapy, occupational therapy,
physical and physiotherapy, among other modes of
therapy;

(2) qualified interpretations or other effective methods of
delivering materials;

(3) qualified reading, taped tests or other effective methods
of delivering materials to individuals with visual
impairments;

(4) acquisition or modification of equipment or devices;

(5) appropriate classroom accommodation; and,

(6) other similar services and actions or all types of aids
and services that facilitate the learning process of
children with special needs;


(7) assist, facilitate, and monitor the transfer or admission
of qualified children with disabilities to post-secondary
or tertiary education institutions.

SEC. 7. Staffing and Responsibilities. In addition to teachers with special
training to handle children with special needs, each SPED Center shall have a
Program Director, an Administrative Core and Placement Committee and
itinerant SPED teachers as manpower complement.

(a) Program Director - The Program Director shall:
(1) head the SPED Center;
(2) administer and supervise the SPED Center programs;

(3) oversee the other components of the special education
program;

(4) monitor, supervise and provide technical assistance,
training, and enhancement programs to SPED
personnel;

(5) issue procedures for referrals and placement;
(6) form and supervise the placement committee; and,
(7) resolve disagreements on placement and services.

(b) Administrative Core and Placement Committee - The
Placement Committee shall, in consultation with and active
participation of parents, and developmental pediatrician
among others, ensure that students with disabilities are
educated by appropriate qualified personnel as close as
possible to their homes and alongside their age-appropriate
peer groups. It is also tasked to develop and maintain a data
bank on special education in its respective jurisdiction. This
Committee shall be composed of:

(any one (1) of the following: developmental
pediatrician, neurological psychiatrist, educational
psychologist or psychometrician;

(2) one (1) physical therapist;

(3) one (1) occupational therapist;


ear en ete R EDEERTEI RTENT SeN

(4) one (1) speech and language _therapist/speech
correction teacher;

(5) one (1) reading specialist; and,
(6) the SPED Center Program Director.

(©) Itinerant SPED teachers - Itinerant SPED teachers shall be
appointed whenever necessary. They shall share responsibility
for program planning and scheduling, and assist isolated or
remote schools with specialized equipment, individual
programs, curriculum adjustment, teaching aids and building
modifications. They shall likewise reach out to children with
special needs who have accessibility and mobility limitations

SEC. 8. Remuneration and Benefits for SPED Center Personnel. ~ The salary
grades of SPED teachers and the Program Directors managing SPED Centers shall
be in accordance with the Revised Compensation and Classification System and
other Civil Service Rules and Regulations.

The DepEd shall enhance the right of the teachers/instructors to
professional advancement and ensure that the SPED Centers shall attract the
best available teaching staff and talents through adequate remuneration,
scholarship and training grants, teacher exchange programs, incentives and
allowances and other means of securing their 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 to include interpreters, psychologists,
social workers involved in the education and rehabilitation of children with
special needs.

‘The DepEd 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 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 rules and
regulations to be formulated to implement the provisions of this Act.

SEC. 9. 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 give 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
or implementation of programs such as the following:

(a) technical assistance to SPED Centers;


(b) training of professionals or related services personnel
including all regular teachers who are preparing to serve or are
serving children with special needs for inclusion and
mainstreaming;

(©) replication of successful innovative approaches in providing
educational or related services to children with special needs;

(@) facilitation of parental involvement in the education of their
children with special needs;

(e) diagnosis and educational evaluation of children with special
needs;

(© consultative, counseling and training services for the families of
children with special needs; and,

(g) familiarization of the municipality or city being served by a
SPED Center with the problems and potentialities of such
children.

SEC. 10. Continuing Research to Identify Needs of Children with Special
Needs. - The DepEd, by itself or in coordination with organizations or
institutions, shall undertake continuing research to identify and design programs
that shall meet the full range of needs of children with special needs: Provided,
That such continuing research shall also be used to develop instructional
techniques for use by the SPED Centers towards improving the children's
acquisition of skills necessary for their transition to independent living,
vocational training or competitive development: Provided, further, That such
continuing research shall be used by the DepEd in designing a physical
education and therapeutic recreation program to be used by the Centers to
increase the potential of the children for community participation.

SEC. 11, Student Assistance. - The DepEd shall provide financial
assistance to marginalized or disadvantaged children with special needs at the
elementary and secondary levels which may come in the form of scholarship
grants; allowances for transportation, food, lodging, and books; student loan
programs; artistic and cultural tours; training programs; subsidies; and other
incentives, These include those who lack access to rehabilitative services and
educational opportunities due to being poor, as defined in RA. No. 8425
otherwise known as the Social Reform and Poverty Alleviation Act, have been
abandoned, are ill, or are neglected.

1 LERNER LN NRT ere

Marginalized or disadvantaged children with special needs coming from
indigenous communities shall be given priority in the grant of assistance.

Special equipment like wheelchairs, 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 or at discounted rates to deserving
students, and at very affordable rates, in general, through a reasonable funding
scheme that shall be designed by the DepEd.

SEC. 12. Recreational and Artistic Opportunities. - The DepEd shall
institute a program for children with special needs that will afford them full
opportunities for: safe and wholesome individual as well as interactive group
recreation and social activities; optimal use of their leisure hours; and
advancement of their physical, mental, social and cultural development.

SEC. 13. Special Instructional Materials. - Publishers shall grant the DepEd
the authority to transcribe adopted instructional materials into Braille, large
type and audio-tape, without penalty or payment of royalty in accordance with R.
A, No. 8293 otherwise known as the Intellectual Property Code of the Philippines.
Further, a publisher of a newly adopted instructional material shall provide, not
later than the second working day after the adoption of a textbook title by the
DepEd, the computerized files as specified by the DepEd which may be copied
and distributed upon request, to a Schools Division for instructional purposes.

Copies of these instructional materials shall be furnished without cost to
either the children with special needs or the teacher who is handling their
instruction,

SEC.14. Incentives for Private Sector Participation. - Partnership between
the government and private institutions catering to the needs of children with
special needs shall be encouraged. All revenues generated by the SPED Center in
public elementary and high school, owned, operated and controlled by the DepEd
shall be exempt from income tax. Any donation, contribution, bequest and grant
which may be made to the SPED Center shall be exempt from 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
RA. No. 8424 otherwise known as 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 publications shall be imported
duty-free upon certification by the DepEd that such imported books and
publications are for economic, technical, vocational, scientific, philosophical,
historical or cultural purposes, in accordance with the provisions of the Tariff
and Customs Code, as amended.

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 in other Centers that shall be created by the
DepEd with the support of the Department of Social Welfare and Development
(DSWD) and Local Government Unit (LGU) in the area. As far as practicable, the
use of existing day care centers and facilities shall be maximized.

10


SEC. 16. Nutritional Programs. - The National Nutrition Council (NNC)
shall determine and prescribe appropriate nutritional programs for children
with special needs for implementation by the Department of Health (DOH) and
the DepEd.

SEC. 17. Parent, Sibling and Caregiver Education. -A formal training and
counseling program shall be developed through joint efforts of DepEd, DSWD
and LGUs, to equip parents, siblings, and caregivers of children with special
needs with a working knowledge of special education, an understanding of the
psychology of children with special needs, and the awareness of their crucial role
as educators so that they, in turn, can maximize their knowledge and skills to
fully develop of the potentials of children with special needs.

SEC. 18. Local Government Unit Participation. - The LGUs may make use of
their Special Education Fund for the following:

(a) provision of sites, buildings or centers where there are no
existing school facilities that may be used for the special
education of children with special needs, as well as the
establishment of day care pursuant to Sec. 1Shereof;

(b) identification, coordination and the tapping of public or private
volunteers and private organizations, national or international,
for information dissemination campaigns, funding programs
and other projects to augment the funding for SPED programs
and equipment, among others; and,

(©) provision of counterpart funds for nutritional programs and
the training and seminars of parents and teachers, nutritional
programs of children with special needs in their respective
localities that would be initiated by the DepEd, in coordination
with the Department of Budget and Management (DBM) and
the Department of Finance (DOF).

SEC. 19, Public Information, Education and Communication, - A nationwide
information dissemination campaign on the prevention, early identification and
the strategic 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 DepEd.
Likewise, the DepEd, in collaboration with the DOH and Department of Labor
and Employment (DOLE), shall disseminate materials and information
concerning effective practices in working with, training and educating children
with special needs.

SEC. 20. Appropriations. - The Secretary of the DepEd shall immediately

include in the DepEd program the implementation of this Act, the funding of
which shall be included in the Annual General Appropriations Act

"


SEC. 21.Jmplementing Rules and Regulations. The DepEd, in coordination
with the DSWD, Department of Interior and Local Government (DILG), DOH, DOF,
Bureau of Internal Revenue (BIR), CWC and 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. 22, Separability Clause. - If for any reason, a provision or part hereof
is declared invalid, other provisions not affected thereby shall remain in full
force and effect.

SEC. 23, Repealing Clause. ~ All laws, decrees, executive orders, rules and
regulations contrary or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,