Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City
SIXTEENTH CONGRESS.

First Regular Session

House Bill No. 478

Introduced by Hon. Rodolfo G. Biazon

EXPLANATORY NOTE

‘The democratization of access to quality education particularly for children and youth with
special needs (CSN) such as the gifted, the gifted but physically handicapped, the fast leamers, the
mentally retarded, the visually impaired (blind), the hearing-impaired, the orthopedically
handicapped, the speech impaired, 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

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 CSN, the dearth of
specially trained teachers and school administrators for the various exceptionalities has remained a
perennial problem.

Parent education is also 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 as
well as their 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 manner,
self-reliance that has been wanting among the handicapped who are potential assets to themselves and
to the country, could be developed

With the advent of the worldwide movement of Education for All (EFA), adequate provision
for the education of CSN 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 concem 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

RODOLFO €. BIAZON
Representative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Ci

SIXTEENTH CONGRESS
First Regular Session

House BillNo.__ 478

Introduced by Hon. Rodolfo G. Biazon

AN ACT
ESTABLISHING AT LEAST ONE (1) SPECIAL EDUCATION (SPED) CENTER
FOR EACH SCHOOL DIVISION AND AT LEAST THREE (3) SPED CENTERS IN
BIG SCHOOL DIVISIONS FOR CHILDREN WITH SPECIAL NEEDS (CSN),
PROVIDING GUIDELINES THEREFOR 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 2013”

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 (CSN) 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 integral part of national development
strategies.

Itis also the policy of the State to give full support for 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 the State shall institutionalize an adequate and relevant
educational program for CSN through the establishment of Special Education (SPED) centers
and the provision of vital support mechanisms to ensure their development in the most
enhancing environment consistent with the provision of quality education that best meets
their needs.

See. 3. Objectives. — The following shall be the objectives of this Act:

(@) To provide CSN access to basic education through the formal system and other
alternative delivery services in education;

(b) To facilitate integration of CSN with mainstream education;

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

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(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:

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

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

(g) To enhance the role of parents, teachers and other caregivers as primary educators
and caregivers of the children by equipping them with capabilities to i
prevent, refer or intervene with the developmental disorders and disabi
children;

(h) To involve private groups, local government units (LGUs) and national agencies
other than the Department of Education (DepEd) in the education of CSN; and

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

See. 4. Definition of Terms. — For purposes of this Act, the following terms shall be
defined as follows:

(a) Auxiliary aids and services refer to services that are basically non-education
services that enhance the education process of CSN. These include:

(1) Therapy;

(2) Qualified interpretations or other effective methods of delivering materials
to individuals with hearing impairments;

(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; and

(5) Other similar services and actions or all types of aids and services that
facilitate the learning process of people with mental disability.

(b) Basic education refers to kindergarten, at least six (6) years of elementary
education and at least six (6) years of secondary education;

(©) Children with special needs (CSN) refer to those who are gifted or are fast learners
and those who are disabled, impaired or handicapped and in need of special
education as well as services for rehabilitation. They differ from the average
children in mental characteristics, sensory abilities, neuromuscular or physical
characteristics and 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:

D:


(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 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 which implies the developmental appreciation of innovative
ideas and high task commitment which is related to a high degr
motivation, and those who, by reason thereof, require services or acti
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 related
limitations in two (2) 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;

(3) 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 after maximum correction. The low vision persons retain
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 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 that is functional with or without a hearing ai

(5) 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;

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

(1) 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 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 or 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 thirty (30) months of age and 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: and

(11) Children with multi-handicaps are those with more than one (1)
disability such as the deaf-blind or those diagnosed with autism and
intellectual disability.

(@) Disability refers to any of the following:

(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; or

(3) Being regarded as having such impairment.

(©) Functional literacy refers to the level of literacy necessary for the student or child

)

to become a useful citizen and an effective member of society;

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;

(g) Impairment refers to any loss, diminution or aberration of psychological,

physiological or anatomical structure or function;

(h) Marginalized/disadvantaged persons with disabilities refer 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);

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 students and CSN;

4


(i) Persons with disabilities (PWD) refer 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 for a human being;

(k) Special education refers to basic education that takes into account the special
needs of both disabled children and gifted children. This is a systematic and
deliberate process that enables CSN to achieve functional literacy and the highest
level of their individual potential and capacity. It is also defined as that type of
education tailored to meet the needs of children who cannot profit because of
exceptional abilities. SPED is geared towards integration of CSN with mainstream
education; and

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

See. 5. Coverage. — This Act shall cover all students and CSN nationwide.

Sec. 6. 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 urce center for the implementation of
inclusive education that will accept all kinds of children on regular schools. It shall:

(a) Support CSN to be integrated/included in regular schools;

(b) Conduct school-based training of CSN;

(©) Produce appropriate teaching materials for CSN; and

(@) Conduct assessment of CSN.

It shall also be the responsibility of the SPED centers to assist, facilitate and monitor
the transfer/admission of qualified children with disabilities to post-secondary or tertiary
education institutions.

Each SPED center shall have specialized teachers who can handle children and youth

with special needs. Regular teachers currently handling special education of CSN’ shall
henceforth be classified as SPED teachers.

In order to ensure the optimum operation of SPED centers, each shall have an
assistant principal, early intervention programs, monitoring, supervision and provision of
technical assistance, training and enhancement programs to SPED personnel, and a placement
committee which shall be tasked of formulating, implementing and overseeing referral and
placement procedures.


See. 7. Other Personnel of SPED Centers. ~ The administrative core and placement
committee of the SPED unit shall consist of:
(a) One (1) educational psychologist or psychometrician:

(b) One (1) physical therapist;

(©) One (1) occupational therapist:
(d) One (1) speech and language therapist/speech correction teacher; and
(©) 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, in consultation
with and active participation of parents among others, ensure that students with disabilities
are educated as close as possible to their homes and alongside their age-appropriate peer
groups, and that these students attend their local schools or travel the shortest distance to
avail of educational services.

Sec. 8. Itinerant SPED Teachers. ~ Itinerant SPED teachers shall also be appointed
whenever necessary. They shall assist isolated or remote schools with specialized equipment,
individual programs, curriculum adjustment, teaching aids and building modifications.

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 for CSN or for programs such as the following:

(a) Technical assistance to SPED centers:

(b) Training of professionals or related services personnel who are preparing to serve
or are serving CSN

(©) Replication of successful innovative approaches in providing educational or
related services to C:

(d) Facilitation of parental involvement in the education of their CSN;
(©) Diagnosis and educational evaluation of CSN;
(© Consultative, counseling and training services for the families of CSN; or

(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 CSN. ~ The DepEd by itself or in
association with organizations or institutions shall undertake continuing research to identify
and design programs that shall meet the full range of needs of the CSN: Provided, That such
continuing research shall also be used to develop instructional techniques for use by the

6


SPED centers towards improving CSN acquisition of skills necessary for their 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 CSN for community
participation.

Sec. 11. Student Assistance. — The DepEd shall provide financial assistance to
economically marginalized but deserving students with special needs at the elementary and
secondary levels such as, but not limited to, scholarship grants, allowances for transportation,
food, lodging and books, student loan programs, artistic and cultural tours, training programs,
subsidies, and such other similar incentives.

Special equipment such as, but not limited to, wheelchairs, crutches, special toilets
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 very affordable rates to deserving students through a reasonable
funding scheme that shall be designed by the DepEd.

Sec. 12. Medical Assistance. ~The DepEd 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 such as but not limited to, therapy, psychometric
assessments, medical examinations and the like with government clinics, hospitals and other
health facilites. In case the medical service is not offered by the nearest or accessible
government health facility or cannot be obtained by reason of critical immediacy, or needs a
more specialized or advanced treatment, CSN shall be entitled to twenty percent (20%)
discount from the services of any private hospital or clinic: Provided, That these private
hospitals and clinics may claim the cost as tax credit.

Sec. 13. Nutritional Programs. — The nutritional programs for CSN shall be
supervised by the National Nutrition Council (NNC) and the Department of Health (DOH), in
coordination with the LGU health officer.

Sec. 14. 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 DepEd with the support of the Department of Social Welfare and
Development (DSWD) and the LGU in the area. As far as practicable, the use of existing day
care centers and facilities shall be maximized.

Sec. 15. Recreational and Artistic Opportunities. - The DepEd shall institute a
program for CSN that will afford them full opportunities for safe and wholesome recreation
and activities, individual as well as social, for optimal use of their leisure hours and for the
advancement of their physical, mental, social and cultural development.

Sec. 16. Remuneration and Benefits. ~ The SPED teachers and school administrators
managing SPED centers and special schools shall be assigned a salary grade that is three (3)
salary grades higher than that of a regular teacher and school administrator, respectively.


The DepEd shall enhance the right of the teachers/instructors to professional
advancement and ensure that the SPED centers 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 also involved
in the education and rehabilitation of the child.

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
implementing rules and regulations of this Act

See. 17. Parent, Sibling and Caregiver Education. — There shall be a formal training
and counseling program for parents, siblings and caregivers of CSN for them to acquire a
working knowledge of special education, gain an understanding of the psychology of CSN
and be aware of their crucial role as educators so that they maximize their knowledge and
skills for optimum development of the potentials of the child.

See. 18. 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. Each publisher of newly adopted instructional
materials shall provide computerized files of said materials to the DepEd which may be
copied and distributed upon request, to a school division on or before the second working day
afier the adoption of textbook titles by the DepEd.

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 district and are to be returned when no longer needed.

Sec. 19. Incentives to Private Sector Participation. — Partnership between the
government and private institutions catering to the needs of CSN shall be encouraged. All
profits and income generated by the SPED center derived from 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 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, in accordance with the provisions of the Tariff and Customs Code, as
amended.

See. 20. Local Government Unit Participation. ~ The LGUs shall be responsible for
the following:


(a) Provision of buildings or centers which are CSN-friendly and sites where there are
no existing school facilities that may be used for the special education of CSN, as
well as the establishment of day care pursuant to Section 14 hereof;

(b) Organization of one (1) parent-teacher association for CSN in every school
offering special education in their respective jurisdictions;

(©) 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

(d) Provision of counterpart funds for the training and seminars of parents and
teachers, and nutritional programs for the CSN in their respective localities to be
determined by the DepEd, in coordination with the Department of Budget and
Management (DBM) and the Department of Finance (DOF).

Sec. 21. Public Information, Education and Communication. — A nationwide
information dissemination campaign on the prevention, early identification and intervention
programs for CSN shalll be intensified. This shall be the joint responsibility 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 CSN.

Sec. 22. Appropriations. ~ The Secretary of the DepEd shall immediately include in
the Department’s programs the implementation of this Act, the funding of which shall be
included in the annual General Appropriations Act.

Sec. 23. Implementing Rules and Regulations. ~ The DepEd, in coordination with the
DSWD, the Department of the Interior and Local Government (DILG), the DOH, the DOF,
the Bureau of Internal Revenue (BIR), 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. 24. Separability Clause. — If, for any reason, any provision or part hereof is
declared invalid, the other provisions not affected thereby shall remain in full force and
effect.

Sec. 25. 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
accordingly.

Sec. 26. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation.

Approved,