Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1312

Introduced by Honorable Wes Gatchalian

AN ACT
INSTITUTING INCLUSIVE EDUCATION AND ESTABLISHING
LEARNING RESOURCE CENTERS FOR CHILDREN AND YOUTH
WITH SPECIAL NEEDS IN ALL PUBLIC SCHOOLS DIVISIONS,
PROVIDING FOR STANDARDS AND GUIDELINES, AND
APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

Estimates from the Department of Education indicate that as of
SY 2016-2017 there are approximately 303,109 Filipino children in
public schools with special education needs. These are Filipino
children who are often unable to adapt to regular schools. Physical
(e.g. deafness, blindness, orthopedic impairment), cognitive (e.g.
autism, intellectual handicaps), psychological (e.g. anxiety disorders,
attention-deficit / hyperactivity disorder), and/or communication (e.g.
speech impairments, speech-based developmental __ disorders)
disabilities prevent them from fully participating in regular schools.
Moreover, the regular schools, whether public or private, are often
incapable of providing these children with the care, attention, and
guidance that they require for the development of their physical,

cognitive, and social skills.


In order to provide services to as many Filipino children with
special needs, the government needs to build upon the existing
infrastructure of its national public school system. This could be done
by establishing Inclusive Education Learning Resource Centers in all
public schools divisions nationwide. The SPED Centers shall function
as a resource center that shall assist in promoting inclusive education
to capacitate regular schools to effectively handle the needs of children
and youth with disability. Each center must likewise be equipped
with the facilities and personnel necessary to provide care and
instruction to children and youth with special needs, specifically
special education teachers and other specialists.

Presidential Decree No. 603, otherwise known as the Child and
Youth Welfare Code, states that every child has the right to a well-
rounded development of his personality to the end that he may
become a happy, useful, and active member of society-- a gifted child
must be given the opportunity and encouragement to develop his
talents; the emotionally disturbed or socially maladjusted child must
be treated with sympathy and understanding and be entitled to
treatment and competent care; and the physically or mentally
handicapped child must be given the treatment, education, and care
required by his particular condition. Furthermore, every child has the
right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for
service to himself and to his fellowmen.

Given the current set up this would mean that, as of SY 2016-
2017, there were around 303,000 children with special needs enrolled
in public elementary and secondary schools who may have not been
provided with the needed education and care. Thus, much remains to
be done in addressing the gap with respect to the provision of special

education in the country.


In view of the foregoing, support for the passage and approval of
this legislation is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1312

—_—_————

Introduced by Honorable Wes Gatchalian

AN ACT
INSTITUTING INCLUSIVE EDUCATION AND ESTABLISHING LEARNING
RESOURCE CENTERS FOR CHILDREN AND YOUTH WITH SPECIAL
NEEDS IN ALL PUBLIC SCHOOLS DIVISIONS, PROVIDING FOR
STANDARDS AND GUIDELINES, AND APPROPRIATING FUNDS
THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Inclusive
Education for Children and Youth with Special Needs Act’.

SECTION. 2. Declaration of Policy. - It is hereby declared the policy of
the State to protect and promote the rights of Children and Youth with
Special Needs (CYSNs) 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, the State shall:


(a) _ Institutionalize an adequate and relevant educational program
for every CYSN;

(b) Adopt the policy of inclusive education;

(c) Establish Inclusive Education Learning Resource Centers, and

(4) _ Provide vital support mechanisms required to ensure their
effectiveness.

All CYSNs in any degree of educational 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.

SECTION. 3. Objectives. - This Act shall pursue the following:

(a) Provide CYSNs free and appropriate public education and

related services in accordance with their needs, and in preparation for adult
living and community life;

(b) Provide CYSNs access to general education curriculum through
the formal systems and alternative delivery services in education;

(€) Institute inclusive education and establish Inclusive Education
Learning Resource Centers for inclusion of CYSNs in the educational
mainstream;

(a) Ensure that CYSNs fully develop their potentials toward self-
sufficiency and become fully participative members of society;

(e) Identify thru a child find system CYSNs ages three (3) to twenty-
four (24) and infants and toddlers under the age of three (3) in compliance
with Republic Act No. 10410, otherwise known as the Early Years Act of
2013;

() Develop, implement, and review the Individualized Education
Plan (IEP);

{g) Provide parents with information and opportunities to actively
participate in the possible placement options and educational programs for
their children and to enable them to make informed choices and decisions;

(h) Enable and empower parents and family members by training
and equipping them with capabilities to identify, prevent, refer or intervene
with regard to disorders, disabilities and abilities of their children;


(i) Train and equip special education teachers, regular teachers,
principals/administrators, non-teaching staff of the school, and caregivers,
as primary sources of care, development, education and advancement of
CYSNs;

() Increase school retention and cohort survival of CYSNs;

(k) Create significant and positive changes in community attitudes
towards disability and the need to provide inclusive education and proper
care to CYSNs.

SECTION. 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 (ALS) for out-of-school learners and those with
special needs;
(b) Child Find System refers to the process of locating and coming up with
a list of CYSNs through the child development teachers or workers who are
under the local government units (LGUs);
(c) Children and Youth with Special Needs (CYSNs) refers to children and
youth with specialized needs in education and exceptionalities who differ
from the neurotypical children and youth in neuropsychological
characteristics, sensory abilities, neuromuscular or physical characteristics,
and social attributes to such an extent that the use of modified school
practices or specialized education services are required to develop them to
maximum capability. It includes the following:

1.) Gifted or Talented - children and youth 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, which 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;

2.) Children with disabilities ~ refers to persons below 18 years old who have
long term physical, mental, intellectual or sensory impairments, which in
interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others, such as but not
limited to children with physical or orthopedic disability; intellectual
disability, learning disability, communication disability including deaf and
hard of hearing; visual disability or psychosocial disability;

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

4.) Youth with disability - refers to persons aged 15 to 30 years who have
long-term physical, mental, intellectual or sensory impairments, which in
interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others, such as but not
limited to youth with physical or orthopedic disability; intellectual
disability, learning disability, communication disability including deaf and
hard of hearing; visual disability or psychosocial disability.

(d) Disability shall mean 1) a physical or mental impairment that

substantially limit one or more psychological, physiological, or anatomical

function of an individual or activities of such individual; 2) a limitation or

difficulty encountered by an individual in executing a task or action; and 3) a

participation restriction or a problem experienced by an individual in

involvement in life's situations.

It does not just entail a health problem but shall reflect the interaction
between features of a person’s body and features of the society in which he
lives as well as the difficulties he has encountered to remove the
environmental and social barriers;
fe) Inclusive education is a process of addressing and responding to the
diversity of needs of all students and learners by increasing participation in


learning, cultures and communities, and totally reducing exclusion from and
within education. It involves the appropriate changes and modifications in
content, approaches, structures and strategies with a common vision, which
covers all children and youth of all ages, affirming in the process the State’s
conviction that it is the government’s mandate and responsibility to educate
all children and youth without discrimination or favor.

It shall also focus on the achievement of high quality, appropriate and
relevant education for all learners and students and the development of more
inclusive and conducive learning environments without focusing on marginal
issues;

( Private Sector Participation refers to all forms of indispensable,
substantial and meaningful participation of private individuals, partnerships,
groups or entities, disabled people’s organizations, community-based
organizations, or non-governmental organizations, in the delivery of
educational and rehabilitative services for CYSNs;

(g) Special Education (SPED) refers to the customized instructional
program or service designed to meet the unique needs of individual CYSNs,
which may necessitate use of supplementary aids and services and teaching
strategies in classroom and non- academic settings, and includes
instructions on physical and vocational education and travel training.
Special education addresses _— 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 CYSNs into the
education mainstream;

(h) Learning Resource Center refers to a resource hub that provides
students, teachers, school personnel, and other education stakeholders of
CYSNs appropriate instructional learning materials, tools, devices, gadgets,
equipment to facilitate and enhance learning as well as assessment tools and
instruments to evaluate developmental domains and specific areas of
concern necessary in determining appropriate services and placement

decisions;


1 (i) Special instructional Materials refer to textbooks in Braille, large type,
2 audio, digital or any other medium or apparatus, that convey information to
3 asstudent or otherwise contributes to the learning process; and

4 () Universal Design for Learning is a scientifically valid framework for
5 guiding educational practice that: 1) provides flexibility in the ways
6 information is presented, in the ways student respond or demonstrate
7 knowledge and skills, and in the ways students are engaged; 2) reduces
8 barriers in instruction, provides appropriate accommodations, supports, and
9 challenges and maintains high achievement expectations for all students,
10 including students with disabilities and students who have limited English
Il proficiency.

2 It is also a set of principles that guide the design of inclusive
13. classroom instruction and accessible course materials. The three principles
14 of UDL are 1) multiple methods of representation that give learners a variety
15. of ways to acquire information and build knowledge; 2) multiple means of
16 student action and expression that provide learners alternatives for
17 demonstrating what they have learned; and 3) multiple modes of student
18 engagement that tap into learners’ interests, challenge them appropriately,
19 and motivate them to learn.

20 SECTION. 5. Establishment of Inclusive Education Learning Resource
21 Centers for CYSNs in all Public Schools Divisions. -An Inclusive Education
22 Learning Resource Center for CYSNs shall be established in all public
23. schools divisions nationwide where there are no existing SPED Centers.

24 All existing SPED centers shall now be called and referred to as
25 Inclusive Education Learning Resource Centers.
26 SECTION. 6. Functions of the Inclusive Education Learning Resource

27 Center. - The center shall function as a resource center that shall assist in
28 promoting inclusive education to capacitate regular schools to effectively
29 handle the needs of children and youth with disability. It shall:

30 (a) _ Integrate and include CYSNs in regular classes;
3 (b) Conduct assessment of CYSNs to evaluate developmental
32 domains and specific areas of concern and determine appropriate

33 services and placement options;


28
29

31
32
33

(c) Conduct school-based training of CYSNs;
(4) Undertake and monitor case management and coordination
services;
(e) Ensure that the CYSNs within the division shall receive the
appropriate services needed;
() Provide training to regular teachers, administrators, non-
teaching personnel, and parents on inclusive education;
(g) Produce appropriate teaching materials for CYSNs;
(h) Implement the programs of the center such as the
Individualized Education Plan (IEP), transition program, and other
alternative educational programs;
@ Provide access to auxiliary aids that are basically non-
educational, but which enhance the education process of the CYSNs.
‘These services may include:
1. Language and speech therapy, occupational therapy,
physical and physiotherapy, among other modes of therapy,
through the Mobile Multi-Specialist Inclusive Education
Division Support Team;
2. Quality reading, or other effective methods of delivering
accessible reading materials to individuals with visual
impairments;
3. Appropriate classroom accommodation;
4. Other similar services and actions or all types of aids and
services that facilitate the learning process of CYSNs; and
5. Assistance and/or monitoring the transfer or admission of
qualified CYSNs to post-secondary or tertiary education
institutions; and
SECTION. 7. Hiring of Personnel and Staff. - In addition to the
teachers with special trainings in handling CYSNs and to ensure the
effective implementation of this Act, the DepEd may hire the necessary
personnel and support staff to operate, administer and oversee the Center.
SECTION. 8. Benefits and Incentives for Personnel and Staff of the
Center. - The DepEd shall enhance the right of the teachers or instructors to


professional advancement and ensure that the 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.

SECTION 9. In-Service Training of Teachers, Administrators, Non-
Teaching Personnel. - To enhance the inclusive education program, the
DepEd shall coordinate with the appropriate government agencies to offer
basic and advanced seminars on disability awareness and inclusive
education for the concerned stakeholders.

The appropriate and necessary trainings, seminars and other
opportunities for upgrading the performance of DepEd teachers
implementing the inclusive education curriculum shall be conducted and
evaluated by the National Educators’ Academy (NEAP).

SECTION. 10. Authority of the DepEd Secretary. - The Secretary of
DepEd shall develop programs, enter into cooperative arrangements or
contracts with public or private non-profit agencies, institutions, or
organizations for the establishment or creation of Centers or implementation
of inclusive education such as, but not limited to, the following:

(a) Technical assistance to Center teachers who are preparing to

serve or are serving CYSNs for inclusion and mainstreaming;

(b) Training of professionals or related services personnel including

all regular teachers;

(c) Replication of successful innovative approaches in providing

educational or related services to CYSNs;

(d) Facilitation of parental involvement in the education of their

CYSNs;

(e) Diagnosis and educational evaluation of CYSNs;

() Consultative, counseling and training services for the families of

CYSNs;

(@)  Familiarization of the municipality or city being served by a

Center with the problems and potentialities of such children and

youth; and


(bh) Enter into agreements with medical and allied medical

professional groups.

Inclusive Education Learning Resource Centers created under this
Section shall remain part of the DepEd system.

SECTION 11. Program Office. - Inclusive education programs shall be
under the Student Inclusion Division of the Bureau of Learning Delivery
under the Office of the Undersecretary for Curriculum and Instruction. The
Student Inclusion Division shall assist in the formulation, implementation,
monitoring, and evaluation of policies, programs, and services for, but not
limited to, CYSNs.

SECTION. 12. Continuing Research to Identify Needs of CYSNs. - 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 CYSNs: Provided, That such continuing
research shall also be used to develop instructional techniques for use by
the Centers towards improving the acquisition of skills by CYSNs 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 and youth for community participation.

SECTION. 13. Student Assistance. - The DepEd, DSWD, NCDA and
LGUs shall develop programs to support the financial and educational needs
of the marginalized or disadvantaged CYSNs, as defined in Republic Act No.
8425, otherwise known as the Social Reform and Poverty Alleviation Act.

The benefits accorded by Republic Act No. 8545, or the E-GATSPE Act
shall likewise be extended to qualified CYSNs students in the secondary
levels.

SECTION. 14. Recreational and Artistic Opportunities. - The DepEd
shall institute opportunities for safe and wholesome individual as well as
interactive group recreation and social activities for CYSNs, optimal use of
their leisure hours, and advancement of their physical, mental, social and
cultural development.


SECTION. 15. Special instructional Materials. ~ Publishers shall grant
the DepEd the authority to transcribe adopted instructional materials into
accessible format, without penalty or payment of royalty in accordance with
Republic Act No. 8293, otherwise known as the Intellectual Property Code of
the Philippines. Further, publishers of newly adopted materials shall
provide, not later than the second working day after the adoption of textbook
titles by the DepEd, the digital copy as specified by the DepEd for the
purpose of producing accessible versions of the textbooks for students with
reading disabilities. The accessible versions may be produced by the DepEd
or by non-profit accessible book producers, 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 CYSNs or the teacher who is handling their instruction.

SECTION 16. Incentives for Private Sector Participation. - Partnership
between the government and private institutions catering to the needs of
CYSNs shall be encouraged. Private entities who or which team up with
DepEd or provide the necessary educational assistance and service of
CYSNs enrolled in public schools shall be entitled to benefits and incentives
provided under Republic Act No. 8525 or the ‘Adopt a School Act of
1998’and its Implementing Rules and Regulations.

SECTION. 17. Inclusion of Children with Special Needs in Child
Development Centers. - Child Development Centers (CDCs) 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 be established near or
within existing Centers or in other Centers. As far as practicable, the use of
existing CDCs and facilities shall be maximized.

The Early Childhood Care and Development Council (ECCD Council)
shall coordinate with LGUs, DepEd, DSWD, DOH and other concerned
agencies to provide support programs for children with special needs under
five years old.

SECTION. 18. Health and Nutrition Services and Interventions. - The
Department of Health (DOH), National Nutrition Council (NNC), and ECCD

10


Council shall provide inclusive health and nutrition services and
interventions for implementation by the Department of Social Welfare and
Development (DSWD), DepEd, and LGUs.

SECTION. 19. Parent, Sibling, and Caregiver Education. - A formal
training and counseling program shall be developed and initiated by the
LGUs, in coordination with DepEd, DSWD, LGUs, ECCD Council, DOH,
disabled people's organizations (DPOs), parent-support organizations, health
professional organizations, non-government organizations (NGOs), and civil
society organizations (CSOs) to equip parents, siblings, and caregivers of
CYSNs with working knowledge of special education, an understanding of
the psychology of CYSNs, and the awareness of their crucial role as
educators so that they, in turn, can maximize their knowledge and skills to
fully participate in developing the potentials of CYSNs. Parents should also
be apprised of procedural safeguards to protect the educational rights of
children and their parents, and processes to resolve disputes and
complaints related to the education of CYSNs.

SECTION. 20. Local Government Unit Participation. - LGUs may
allocate a portion 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 CYSNs, as well
as the establishment of CDCs pursuant to Sec. 18 hereof;

(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 of Inclusive Education programs and equipment,
among others;

() Operation of Inclusive Education programs including the payment of
salaries, allowances, and other benefits of teaching and non-teaching
personnel in Centers, as well as the conduct of competency trainings; and

(4) Delivery of health and nutrition services and interventions,
educational assessment program of CYSNs in their respective localities that
would be initiated by the DepEd.


SECTION. 21. Public Information, Education, and Communication. — A
nationwide information dissemination campaign on the prevention, early
identification, early detection and the strategic intervention programs for
CYSNs shall be intensified. This shall be the joint responsibility of the
Philippine Information Agency (PIA), Council for the Welfare of Children
(CWC), the National Council for Disability Affairs (NCDA) and the DepEd.
Likewise, the DepEd, in collaboration with DOH, Department of Labor and
Employment (DOLE), and LGUs shall disseminate materials and information
concerning effective practices in working with, training and educating
CYSNs.

Private media outlets and organizations are encouraged to participate
in the dissemination of relevant materials and information regarding
effective practices in working with, training, and educating CYSNs.

SECTION. 22. Appropriations. - The Secretary of 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. A separate line item budget for CYSNs shall be incorporated in the
budget of the DepEd.

SECTION. 23. Implementing Rules and Regulations. - Within ninety
(90) days from the effectivity of this Act, the DepEd, in coordination with the
DSWD, Department of Interior and Local Government (DILG), DOH, DOF,
Bureau of Internal Revenue (BIR), CWC, ECCD Council, and NCDA and in
consultation with DPOs, parent-support organizations, health professional
organizations, and NGOs and CSOs that are working with CYSNs, shall
promulgate and issue the necessary guidelines for the effective
implementation of this Act.

SECTION. 24. 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.

SECTION. 25. 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.


1 SECTION. 26. Effectivity. - This Act shall take effect fifteen (15) days
2 after its publication in the Official Gazette or in a newspaper of general
3 circulation.

Approved,