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SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
■'7 JAN 19 All 00
RECQVio BY:
SENATE 
S. B. N o .i2 9 8
Introduced by Senator JOEL VILLANUEVA
AN ACT
PROVIDING FREE APPROPRIATE PUBLIC EDUCATION 
TO CHILDREN WITH DISABILITIES, APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
In a study presented before the 2nd National Convention on Education, Business and 
Management, it was revealed that most parents, educators and members of local 
school boards in Region XI have “low knowledge and awareness on learning 
disabilities. 
Even 
their level 
of knowledge 
in 
special education 
is 
likewise 
unim pressive... This predicam ent if not abated is continuously detrim ental both to 
the individual with [learning disability]; for their self-worth and productivity and to the 
society for its cost and safety.1 * *
This bill seeks to address this lack of awareness on learning disabilities. It ensure 
that (i) all children with disabilities have available to them a free appropriate public 
education that em phasizes special education and related services designed to meet 
their unique needs and prepare them for further education, em ploym ent and 
independent living, (ii) qualified teachers and professionals are available to meet 
their special needs and (iii) the public is made aware of learning disabilities to 
facilitate their early detection and ensure that appropriate measures are undertaken 
to provide these children with quality education.
Before a sim ilar act was introduced in the United States in 1975, it was estimated 
that over 4 million children with disabilities were denied appropriate access to 
education. Over four decades later, more than 6 million school-age children have
1 The knowledge and perceptions on learning disabilities in the cities of Region XI of the Philippines
and a region in New York City, N.Y., U.S.A., Marlyn C. Saludes and Artenita Dante. Ava//a/e at
http://www.ildd.ip/Qtid/acmr 19/pdf/11.pdf. Date last accessed; January 8, 2017.


benefitted from the statue and are recipients of free appropriate public education and 
special education services.
This bill seeks to achieve the sam e objectives and follow the example of countries 
that have successfully provided a free appropriate public education to children with 
disabilities.
The immediate passage of this bill is earnestly sought. .
SENATOR JjOEL VILLANUEVA


SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. B. No. 
1 2 9 8
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RECEIVED BY".
Introduced by Senator JOEL VILLANUEVA
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AN ACT
PROVIDING FREE APPROPRIATE PUBLIC EDUCATION 
TO CHILDREN WITH DISABILITIES, APPROPRIATING FUNDS 
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 “Individuals with Disabilities 
Education Act of 2016.”
Section 2. Declaration of Policies.
(a)
(b)
The State recognizes the rights of children with disabilities as integral members 
of our society;
The State also recognizes that disability is a natural part of the human 
experience and in no way diminishes the right of individuals to participate in or 
contribute to society. Improving educational results for children with disabilities 
is an essential element of our national policy of ensuring equality of opportunity, 
full 
participation, 
independent 
living, 
and 
economic 
self-sufficiency 
for 
individuals with disabilities;
(c)
The State also recognizes its duty to ensure that all children with disabilities 
have available to them a free appropriate public education that emphasizes 
special education and related services designed to meet their unique needs 
and prepare them for further education, employment and independent living;
To this end, the State shall:
(a) 
Provide for an integrated and comprehensive approach to their welfare and 
facilitate their self-development and self reliance and their integration into the 
mainstream of society;


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(b) 
Ensure that the rights of children with disabilities and parents of such children 
are protected; and
(c) 
Ensure that educators and parents have the necessary tools to improve 
educational 
results for children with 
disabilities 
by 
supporting 
system 
improvement activities, coordinated research and personnel preparation, 
coordinated technical assistance, dissemination and support, and technology 
development and media services.
Section 3. D efinition o f Terms. 
The following terms shall have the following
meaning within the context of this Act:
(a) 
Child with a disability means a child (i) with mental retardation, impairments 
(including deafness), speech or language impairments, visual impairments 
(including blindness), serious emotional disturbance), orthopedic impairments, 
autism, traumatic brain injury or other health impairments, or specific learning 
disabilities, and (ii) who, by reason thereof, needs special education and 
related services.
(b) 
Department means the Department of Education;
(c) 
Individualized Education Programs (lEP) means a written statement for each 
child with a disability that is developed, reviewed and revised in accordance 
with this Act.
(d) 
Office means the Office of Special Education Programs created by virtue of this 
Act.
(e) 
Special Education means specially designed instruction to meet the unique 
needs of a child with a disability including instruction conducted in the 
classroom, in the home, in hospitals and institutions and in other settings, and 
instructions in physical education.
(f) 
Specific Educational Placement means the unique combination of facilities, 
personnel, location or equipment necessary to provide instructional services to 
a child with a disability, as specified in the lEP, in any one or a combination of 
public, private, home and hospital, or residential settings.
(g) 
Specific learning disability means a disorder in one or more of the basic 
psychological processes involved in understanding or in using language, 
spoken or written, which disorder may manifest itself in the imperfect ability to 
listen, think, speak, read, write, spell, or do mathematical calculations.
(h) 
Supplementary aids and services mean aids, services and other supports that 
are provided in regular education classes or other education-related settings to 
enable children with disabilities to be educated with nondisabled children to the 
maximum extent appropriate.
(i) 
Transition services means a coordinated set of activities for a child with a 
disability that —


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(i) 
Is designed to be within a results-oriented process that is focused on 
improving the academic and functional achievement of the child with a 
disability to facilitate the child’s movement from school to post-school 
activities 
including 
post-secondary education, 
vocational 
education, 
integrated employment (including support employment), continuing and 
adult 
education, 
adult 
services, 
independent 
living 
or community 
participation;
(ii) 
Is based on the individual child’s needs, taking into account the child’s 
strengths, preferences and interests; and
(iii) 
Includes 
instruction, 
related 
services, 
community 
experiences, 
the 
development of employment and other post-school adult living objectives, 
and, when appropriate, acquisition of daily living skills and functional 
vocational evaluation.
Section 4. Establishm ent o f Office of Special Education Program s. There shall 
be created an Office of Special Education Programs (hereinafter, the “Office”) within 
the Department of Education (hereinafter, the “Department"), which shall be the 
principal agency in the Department for administering and carrying out this Act and 
other programs and activities concerning the education of children with disabilities.
The Office shall be headed by a Director who shall be selected by the Secretary of 
Education.
Section 5. Functions o f the O ffice o f Special Education Program s. The Office of 
Special Education Programs shall have the following functions;
(a) 
Provide guidelines and directions in carrying out the provisions of this Act;
(b) 
Ensure that all public educational institutions shall have an adequate teaching 
and other personnel to handle the special needs of children with disabilities;
(c) 
In coordination with the concerned public educational institution, determine 
whether a child is a child with a disability;
(d) 
Provide assistance to qualified public educational institutions in order to assist 
them in addressing the needs of children with disabilities;
(e) 
Conduct trainings and educational and awareness campaigns to ensure that 
children with disabilities are given proper attention in accordance with the 
provisions of this Act; and
(f) 
Such other functions as may be necessary and proper to properly implement 
the provisions of this Act.
Section 6. Initial Evaluation. The concerned educational institution in coordination 
with the Office shall conduct a full and individual initial evaluation before the initial 
provision of special education and related services to a child with a disability under 
this Act.


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Section 7. Request fo r Initial Evaluation. A parent or teacher, the concerned 
educational institution or the Office may initiate a request for an initial evaluation to 
determine if the child is a child with a disability.
Such initial evaluation shall consist of procedures to determine -
(a) 
Whether a child is a child with a disability within a reasonable period from the 
time of receipt of the consent of the parent for the evaluation; and
(b) 
The educational needs of such child.
Section 8. Parental Consent. The person or entity proposing to conduct an initial 
evaluation to determine if the child qualifies as a child with disability shall obtain 
informed consent from the parent of such child before conducting the evaluation. 
Parental consent for evaluation shall not be construed as consent for placement for 
receipt of special education and related services.
The educational institution responsible for making a free appropriate public 
education available to a child with a disability shall seek to obtain informed consent 
from the parent of such child before providing special education and related services 
to the child.
Section 9. C onduct of Evaluation. In conducting the evaluation, the concerned 
educational institution in coordination with the Office shall —
(a) 
Use a variety of assessment tools and strategies to gather relevant functional, 
developmental and academic information, including information provided by the 
parent, that may assist in determining —
(i) 
Whether a child is a child with disability; and
(ii) 
The content of the child’s individualized education program (the “lEP”) in 
accordance with Section 10, including information related to enabling the 
child to be involved in and progress in the general education curriculum, 
or, for preschool children, to participate in appropriate activities;
(b) 
Not use any single measure or assessment as the sole criterion for determining 
whether a child is a child with a disability or determining an appropriate 
educational program for the child; and
(c) 
Use technically sound instruments that may assess the relative contribution of 
cognitive and behavioral factors in addition to physical or developmental 
factors.
In addition, they shall ensure that —
(a) 
Assessments and other evaluation materials used to assess a child under this 
section are —


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(i) 
Selected and administered so as not be discriminatory;
(ii) 
Provided and administered in the language and form most likely to yield 
accurate information on what the child knows and can do academically, 
developmentally and functionally, unless it is not feasible to so provide or 
administer;
(iii) 
Used for purposes for which the assessments or measures are valid and 
reliable;
(iv) 
Administered by trained and knowledgeable personnel; and
(V) 
Administered in accordance with any instructions provided by the 
producer of such assessments;
(b) 
The child is assessed in all areas of suspected disability;
(c) 
Assessment tools and strategies that provide relevant information that directly 
assist persons in determining the educational needs of the child are provided- 
and
(d) 
Assessments of children with disabilities who transfer from one school to 
another are coordinated with such children’s prior and subsequent schools, as 
necessary and as expeditiously as possible, to ensure prompt completion of full 
evaluations.
For the avoidance of doubt, a child shall not be determined as a child with a disability
if the determinant factor for such determination is —
(a) 
Lack of appropriate instruction in reading, including the essential components 
of reading instruction; or
(b) 
Lack of instruction in math.
Section 10. Individualized Education Program (lEP). The lEP shall show a direct
relationship between the present levels of performance, the goals and objectives and
the specific educational services to be provided. It shall include the following —
(a) 
a statement of the child’s present levels of academic achievement and 
functional performance, including —
(i) 
how the child’s disability affects the child’s involvement and progress in 
the general education curriculum;
(ii) 
for preschool children, as appropriate, how the disability affects the child’s 
participation in appropriate activities; and
(iii) 
for children with disabilities who take alternate assessments aligned to 
alternate achievement standards, a description of benchmarks or short­
term objectives;


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(b) 
a Statement of measurable annual goals, including academic and functional 
goals, designed to —
(i) 
meet the child’s needs that result from the child’s disability to enable the 
child to be involved in and make progress in the general education 
curriculum: and
(ii) 
meet each of the child’s other educational needs that result from the 
child’s disability;
(c) 
a description of how the child’s progress toward meeting the annual goals 
described in (b) above will be measured and when periodic reports on the 
progress of the child is making toward meeting the annual goals (such as 
through the use of quarterly or other periodic reports, concurrent with the 
issuance of report cards) will be provided;
(d) 
a statement of the special education and related services and supplementary 
aids and services, based on peer-reviewed research to the extent practicable, 
to be provided to the child, or on behalf of the child, and a statement of the 
program modifications or supports for school personnel that will be provided for 
the child —
(i) 
to advance appropriately toward attaining the annual goals;
(ii) 
to be involved in and make progress in the general education curriculum 
and to participate in extracurricular and other non-academic activities; and
(iii) 
to be educated and participate with other children with disabilities and 
non-disabled children in the activities described in this paragraph.
(e) 
An explanation of the extent if any, to which the child will not participate with 
non-disabled children in the regular class and in the activities described in
(d)(iii) above;
(f) 
A statement of any individual appropriate accommodations that are necessary 
to measure the academic achievement and functional performance of the child. 
If the lEP Team determines that the child shall take an alternate assessment, a 
statement of why —
(i) 
The child cannot participate in the regular assessment; and
(ii) 
The particular alternate assessment selected is appropriate for the child;
(g) 
The projected date for the beginning of the services and modifications and the 
anticipated 
frequency, 
location 
and 
duration 
of 
those 
services 
and 
modifications; and
(h) 
Beginning not later than the first lEP to be in effect when the child is 16, and 
updated annually thereafter —


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(i) 
Appropriate measure postsecondary goals based upon age appropriate 
transition assessments related to training, education, employment and, 
where appropriate, independent living skills;
(ii) 
The transition services (including courses of study) needed to assist the 
child in reaching those goals; and
(ill) 
Beginning not later than one year before the child reaches the age of 
majority, a statement that the child has been informed of the child’s rights 
under this Act, if any, that will transfer the child on reaching the age of 
majority.
Section 11. lEP Team. The lEP Team shall formulate the lEP to be applied to a
child determined to be a child with a disability. The lEP Team shall be composed of
(a) 
The parents of a child with a disability;
(b) 
Not less than one regular education teacher of such child (if the child is, or may 
be, participating in the regular education environment);
(c) 
Not less than one special education teacher, or where appropriate, not less 
than one special education provider of such child;
(d) 
A representative of the local educational agency who is —
(i) 
Qualified to provide or supervise the provision of, specially designed 
instruction to meet the unique needs of children with disabilities;
(ii) 
Knowledgeable about the general education curriculum; and
(Hi) 
Knowledgeable about the availability of resources of the local educational 
agency;
(e) 
An individual who can interpret the instructional implications of evaluation 
results, who may be a member of the team described in (b) to (f);
(f) 
At the discretion of the parent, other individuals who have knowledge or special 
expertise 
regarding the child, 
including 
related 
services 
personnel 
as 
appropriate; and
(g) 
Whenever appropriate, the child with a disability.
Section 12. Developm ent o f lEP. In developing each child’s lEP, the lEP Team,
subject to Section 13 below, shall consider the following;
(a) 
The strengths of the child;
(b) 
The concerns of the parents for enhancing the education of their child;


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(c) 
The results of the initial evaluation or most recent evaluation of the child; and
(d) 
The academic, developmental and functional needs of the child.
Section 13. Consideration of Special Factors. The lEP Team shall —
(a) 
In the case of a child whose behavior impedes the child’s learning or that of 
others, consider the use of positive behavioral interventions and supports, and 
other strategies to address that behavior;
(b) 
Consider the language needs of the child as such needs relate to the child’s 
lEP;
(c) 
In the case of a child who is blind or visually impaired, provide for instruction in 
Braille and the use of Braille unless the lEP Team determines, after an 
evaluation of the child’s reading and writing skills, needs and appropriate 
reading and writing media (including an evaluation of the child’s future needs 
for instruction in Braille or the use of Braille), that instruction in Braille or the 
use of Braille is not appropriate for the child;
(d) 
Consider the communication needs of the child and in the case of a child who 
is deaf or hard of hearing, consider the child’s language and communication 
needs, opportunities for direct communications with peers and professional 
personnel in the child’s language and communication mode, academic level, 
and full range of needs, including opportunities for direct instruction in the 
child’s language and communication mode; and
(e) 
Consider whether the child needs assistive technology devices and services.
Section 14. Review and Revision o f lEP. The concerned educational institution, in
coordination with the Office, shall ensure that the lEP Team —
(a) 
Reviews the child’s lEP periodically, but not less frequently than annually, to 
determine whether the annual goals for the child are being achieved; and
(b) 
Revises the lEP as appropriate to address —
(i)
(ii)
Any lack of expected progress toward the annual goals and in the general 
education curriculum, where appropriate;
The results of any reevaluation conducted under this Section;
(iii) 
Information about the child provided to, or by, the parents;
(iv) 
The child’s anticipated needs; or
(v) 
Other matters.


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Section 15. Review of Existing Evaluation Data. As part of an initial evaluation 
and as part of any reevaluation, the lEP Team and other qualified professionals as 
appropriate, shall,
(a) 
Review existing evaluation data on the child including —
(i) 
Evaluations and information provided by the parents of the child;
(ii) 
Current classroom-based, local or State-assessments and classroom- 
based observations; and
(iii) 
Observations by teachers and related services providers; and
(b) 
on the basis of that review, and input from the child’s parents, identify what 
additional data, if any, are needed to determine -
(i) 
whether the child is a child with a disability and the educational needs of 
the child, or, in case of a reevaluation of a child, whether the child 
continues to have such a disability and such educational needs;
(ii) 
the present levels of academic achievement and related developmental 
needs of the child;
(c) 
whether the child needs special education and related services, or in the case 
of a reevaluation of a child, whether the child continues to need special 
education and related services; and
(d) 
whether any additions or modifications to the special education and related 
services are needed to enable the child to meet the measurable annual goals 
set out in the individualized education program of the child to participate, as 
appropriate, in the general education curriculum.
Each concerned educational institution shall obtain informed parental consent prior 
to conducting any reevaluation of a child with a disability, except that such informed 
parental consent need not be obtained if the concerned educational institution can 
demonstrate that it had taken reasonable measures to obtain such consent and the 
child’s parent has failed to respond.
Section 16. Requirem ents if A dditional Data are not Needed. If the lEP Team 
and other qualified professionals, as appropriate, determine that no additional data 
are needed to determine whether the child continues to be a child with a disability 
and to determine the child’s educational needs, the concerned educational institution 
shall —
(a) 
Notify the child’s parents of —
(i) 
that determination and the reasons for the determination; and


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(ii) 
the right of such parents to request an assessment to determine whether 
the child continues to be a child with a disability and to determine the 
child’s educational needs; and
(b) 
Not be required to conduct such an assessment unless requested by the child’s 
parents.
Section 17. Placement. The lEP Team shall document its rationale for specific 
educational placement in other than the child’s school and classroom in which the 
child would otherwise attend if the child were not disabled. The documentation shall 
indicate why the pupil’s disability prevents his/her needs from being met in a less 
restrictive environment even with the use of supplementary aids and services.
Section 18. Extended School Year. Extended school year services shall be 
provided for each child with a disability in excess of the regular academic year. Such 
individuals shall have disabilities which are likely to continue indefinitely or for a 
prolonged period, and interruption of the pupil’s educational programming may cause 
regression, when coupled with limited recoupment capacity, rendering it impossible 
or unlikely that the child will attain the level of self-sufficiency and independence that 
would otherwise be expected in view of his/her disabling condition.
The lack of clear evidence of such factors may not be used to deny an individual an 
extended school year program if the lEP Team determines the need for such a 
program and includes extended school year in the lEP.
Section 19. Rights o f the Parents of a Child w ith a Disability. The parents of a 
child with a disability shall include, but not be limited to the following rights —
(a) 
To be afforded an opportunity to inspect and review all education records and 
identification, and to participate in meetings, with respect to the evaluation and 
educational placement of the child and the provision of free appropriate public 
education to the child with a disability;
(b) 
To obtain an independent educational evaluation whenever he/she disagrees 
with an evaluation that has been conducted by the concerned educational 
institution. In such a case, the concerned educational institution shall provide, 
upon request for an independent educational evaluation, information about 
where an independent educational evaluation may be obtained and all 
assistance necessary to carry out such independent evaluation;
(c) 
To receive prior written notice any time the concerned educational institution (i) 
plans to evaluate the child, (ii) schedules a meeting where decisions will be 
made about the child’s eligilDility or educational placement or (iii) refuses to 
evaluate or change the child’s plan or placement;
(d) 
To consent to evaluations and to the provision of special education services;
(e) 
To present and resolve a complaint in accordance with the procedures laid 
down by the Secretary of Education; and
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(f) 
Such other information as the Secretary of Education may deem proper.
Section 20. A ppropriations. For the initial implementation of this Act, an amount 
Five 
Hundred 
Million 
Pesos 
(PhpSOO, 
000,000.00) 
is 
hereby 
appropriated. 
Thereafter, funds shall be earmarked in the budget of the Department of Education 
in the General Appropriations Act.
Section 21. Im plem enting Rules and Regulation and C oordination w ith O ther 
G overnm ent Agencies. The Secretary of Education, upon consultation with the 
Department of Social Welfare and Development and other relevant stakeholders, 
shall promulgate the necessary rules and regulations for the effective implementatiori 
of this Act.
In carrying out the provisions of this Act, the Department shall also coordinate with 
other agencies tasked to handle the affairs of persons with disabilities, including, but 
not limited to, the National Council on Disability Affairs.
Section 22. Separability Clause. If any provision of this Act is declared 
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall 
continue to be in full force and effect.
Section 23. Repealing Clause. All laws, decrees, executive orders, rules and 
regulations or parts thereof, which are contrary to or inconsistent with this Act, are 
hereby repealed, amended or modified accordingly.
Sechon 24. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in this Official Gazette or in any two newspapers of general circulation.
Approved,
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