SIXTEENTH CONGRESS OF THE 
REP\JBLlC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. B. No. 246 
~1'1111t€' 
Il}ff,;, of lIi"j,"u!nr~ 
'13 
JUL-1 
H, 
'f~\V 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
EXPLANATORY NOTE 
A UNICEF survey, cited by the Department of Education (DepEd), found that 13% of 
Filipino children have some disabilities in one form or another. This is slightly higher than the 
World Health Organization (WHO) estimate that ten percent (10%) of any given population shall 
have some disabilities. Given these conditions, proactive measures need to be instituted to 
cater to their educational needs. 
According to figures from DepEd, there are 155 special education centers throughout 
the 189 divisions of the DepEd with 1,176 SPED teachers to address the needs of these children. 
For school year 2008 - 2009, these centers catered to only 162,858 students or just around 
three percent (3%) of the expected children with special needs. Among the many reasons for 
this situation is the limited financial resources available to OepEd. The present facilities and 
programs of the DepEdis insufficient to meet the current requirements of children with special 
needs. Inasmuch as there is an unwavering effort to increase the budget of DepEd every year, 
exploring alternative sources of funding on top of the current effort may be a reasonable and 
practicable route. 
The Special Education Fund (SEF) which is an additional 1% tax on of the Real Property 
Tax levied by local government units, may be a viable source. This bill seeks to set aside 10% of 
the SEF of every local government unit for the purpose of supporting their programs, as well as 
those of DepEd, for children with special needs. This bill further encourages local government 
units the authority to allot a portion of their general fund in support of these programs. 
This bill is in line with the mandate of Section 1, Article XIV of the Constitution provides 
that, "[tJhe State .shall protect and promote the right of all citizens to quality education at all 
levels and shall take appropriate steps to make such education accessible to all", and Section 1, 
Article XIII also provides that: "[tJhe Congress shall give highest priority to the enactment of 
measures that protect and enhance the right of all people to human dignity," and "reduce 
social, economic, and political inequalities, and remove cultural inequities". 


------------------------------
All Filipino children should have an opportunity and access to free and quality 
education. There is no reason to leave any child educationally deprived especially those who 
are In most need of the support of government. A proper environment must be provided those 
special children so as not to take away from them the opportunity to succeed. Thus, it is the 
intention of this bill to ensure that resources are regularly and sustainably allocated nationwide 
for the education and well-being of children with special needs. 
In view of the foregoing, approval of this bill is earnestly sought. 
~«-
SENATOR ALAN PETER "COMPANERO" S. CAYETANO 


" 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. B. No. 246 
-irtt~ltt 
{t}ffttr f.r tl{t? itr:;·ri'br~ 
'1} JUL -1 P5:13 
BV:-f- ' 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO' 
AN ACT 
PROVIDING FOR A SUPPORT MECHANISM FOR THE PROGRAMS OF THE DEPARTMENT OF 
EDUCATION GEARED TOWARDS THE ADVANCEMENT OF THE INTERESTS OF CHILDREN WITH 
SPECIAL NEEDS 
Be it enacted by the Senate and the Hause of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title. -
This Act shall be known as the "Children with Special Needs 
Edu~ation Fund Act of 2013." 
SECTION 2. Dec/oration of Policy. -
Pursuant to Section 1, Article XIV of 
the 
Constitution which provides that: "The State shall protect and promote the right of all citizens 
to quality education at all levels and shall take appropriate steps to make such education 
accessible to all", and Section 1, Article XIII which provides that: "The Congress shall give 
highest priority to the enactment of measures that protect and enhance the right of all people 
to human dignity, reduce ... inequalities .. ,", it is hereby declared the policy of the State to 
ensure that resources are regularly and sustainably allocated nationwide for the education and 
well-being of children with special needs. 
SECTION 3. Definition of Terms. - For purposes of this Act: 
a.) "Special needs child/Child with special needs" - refers to a child, aged three (3) to eighteen 
(18) years old, who is suffering from physical medical, mental, emotional or behavioral 
disQrders. This can also refer to a child who has a high risk of developing a problem as a result 
of neglect or abuse, hereditary factors, early or prenatal exposure to drugs, or other factors. 
b.) "Special Education" - refers to the social and educational services provided by the State to 
chilpren with special needs who are between three (3) to eighteen (18) years old. 
c.) "Academically-gifted child" - refers to the child who performs or displays potential for 
performing at a very advanced level of accomplishment when compared with other children of 
his or her age. 
SECTION 4. Coverage.- This Act shall cover all children with special needs, as defined in 
this Act. Academically-gifted children shall not be considered a special needs child for the 
purposes of this Act. 


SECTION 5. Allocation of the Special Education Fund. - To fulfill the intent of this Act to 
extend regular and sustained support for the education and well-being of children with special 
needs, ten percent (10%) of the proceeds of the Special Education Fund (SEF) released to the 
local school boards of each local government unit (LGU) pursuant to Sections 235 and Section 
272 of RA 7160 (Local Government Code of 1991) shall be automatically set aside by the local 
school board to support programs of the Department of Education, done in coordination and 
consultation with the respective local chief executives, and the local school boards for special 
education centers and schools within the territorial jurisdiction of such local government unit 
concerned. 
SECT/ON 6. Authority to Local Government Units. - Each local government unit shall 
have the authority to set aside a portion of their general fund for the purpose of augmenting 
the allocation of the Department of Education for the support of special education centers or 
schools within the territorial jurisdiction of such local government unit. 
SECTION 7. Matching Fund from DepEd. - The Department of Education shall allocate 
an appropriate amount from its regular budget for the regular and sustained support of the 
education and well-being of children with special needs. 
SECTION 8. Construction.- This Act shall be liberally construed to promote the welfare 
and advancement of children with special needs. 
SECTION 9. Implementing Rules and Regulations. - Within ninety (90) days upon the 
approval of this Act, all concerned agencies shall formulate rules and regulations as may be 
necessary for the proper implementation thereof. 
SECTION 10. Separability clause. - If any part, Section or provision of this Act is declared 
invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid. 
SECTION 11. Repealing clause. -
All laws, acts, presidential decrees, executive orders, 
administrative orders, rule and regulations inconsistent With or contrary to the provisions of 
this Act are deemed amended, modified or repealed accordingly. 
SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days after completion of 
its publication in at least two (2) newspapers of general circulation. 
Approved,