Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16") CONGRESS
First Regular Session

House Bill No__17'70

Introduced by Hon. Joseph Gilbert F. Violago

EXPLANATORY NOTE

In the DECLARATION OF THE RIGHTS OF THE CHILD, adopted by the UN General
Assembly Resolution 1386 (XIV) in 10 December 1959, it was so aptly said: mankind owes to the
child the best it has to give.

From the ten rights and principles enumerated therein, the following are included:

"(S) The child who is physically, mentally or socially handicapped shall be given
the special treatment, education and care required by his particular condition.

x x x

"(Z) The child is entitled to receive education......He shall be given an education
which will promote his general culture and enable him, on a basis of equal opportunity, to
develop his abilities, his individual judgement, and his sense of moral and social
responsibility, and to become a useful member of society......The child shall have full
opportunity for play and recreation, which should be directed to the same purposes as
education; society and the public authorities shall endeavour to promote the enjoyment of
this right.”

In the Philippines, we have continuously recognized the need to nurture and support our
children with special needs (CSNs) which is estimated to be almost 6 million (4.2 million are
persons with disabilities, while 1.2 million are gifted) or 13% of the total children's population,
with most coming from very poor families who do not have the means to get special education.
Others do not even go to school or experience any social interaction as some families choose to
hide them form the public eye.

Although the priorities of education in this country has always been in the provision of
more facilities for the growing school population, it is heartening to know that the Department of
Education (DepEd) has steadfastly advocated the passage of a comprehensive law that will
significantly improve access of our CSNs to special education (SPED centers) which requires a
far greater commitment because of the existence of distinct and special considerations—it
requires the expertise and dedication of a trained staff, the full participation of the supporting
characters and budgetary support for the establishment of the centers, the acquisition of supplies
and materials and the installation of other auxiliary aids and services.

It is, therefore, a paramount imperative to provide them with all the avenues and
facilities for better growth, learning and integration into society


As early as the 11th Congress, former Deputy Speaker Daisy Avance-Fuentes, now
Governor of South Cotabato, and special education expert, Dr. Yolanda S. Quijano, former head
of the special education of DepEd and now Undersecretary for Programs and Projects, pioneered
in the advocacy for the institutionalization of educational program for every child with special
needs through the establishment of SPED centers—at least one for each school division and at
least three in big school divisions, including the provision for itinerant SPED teachers to assist in
isolated and remote areas.

Thus, the proposed SPED bill is already twelve years in its journey, and it is my fervent
hope and prayer that during the 16th Congress, we will finally be able to collectively steer this
legislation to its approval in fulfillment of the constitutional mandate 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.

For these reasons, the passage of this bill is earnestly sought
Oa ae
HON. JOSEPH F. VIOLAGO

Representative
24 District, Nueva Ecija


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16) CONGRESS
First Regular Session

1770

House Bill No..

Introduced by Hon. Joseph Gilbert F. Violago

AN ACT
INSTITUTING INCLUSIVE EDUCATION THROUGH SPECIAL EDUCATION IN ALL
PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY SCHOOLS NATIONWIDE
FOR CHILDREN AND YOUTH WITH SPECIAL NEEDS AND ESTABLISHMENT OF THE
BUREAU OF SPECIAL EDUCATION CREATING THE IMPLEMENTING MACHINERY
THEREOF, PROVIDING GUIDELINES FOR GOVERNMENT FINANCIAL ASSISTANCE
AND OTHER INCENTIVES AND SUPPORT FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assemble
SECTION 1. Title. - This Act shall be known as the "Special Education 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 national development and that finding solutions to their problems forms an integral part
of national development strategies.

It is also the policy of the State to give full support for their welfare and development to
ensure their full integration to society as well as to facilitate their active participation in the
affairs of the State, Towards this end, and also pursuant to the mandate stated in Section 13 of
Article 2, Sec. 13 of Article 13 of the 1987 Constitution, Article 3 of P,D. 603, Sections 12-14 of
Republic Act No, 7277, Article 24 of the UNCRPD, Convention on the Rights of the Child (CRC),
the Salamanca Statement and Framework for Action on Special Needs Education, Education for
All (EFA) the State shall institutionalize an adequate and relevant educational program for every
child with special needs through the establishment of SPED Centers and of their vital support
mechanisms. Thus, all CSN, irrespective of the degree of sensory, physically or intellectual
disability or need, will have the opportunity to be educated in the most educationally enhancing
environment consistent with the provision of a quality education that best meets their needs.

SEC. 3. Objectives. - The objectives of the Special Education Act are:

(a) To provide access to basic education among CYSN namely the gifted and talented,
children with developmental delays: those with intellectual disability, with visual
impairment, with hearing impairment, with orthopedic impairment, with physical
impairment, with learning disability, with speech defects, with behavior problems,
with autism, and those with health problems through the formal system and other
alternative delivery service in education;

(b) To ensure that CYSN fully develop their abilities, talents, interests and all aspects of
their development to become more responsible for their lives and more effective
partners in all of the affairs and concerns of the country.


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(a)

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To ensure the CYSN understand, appreciate and respect differences among groups
and members in society and also to understand the nature of society in which they
live;

To inform the parents about the full continuum of services, possible placement
options during discussions about their children's education and other relevant
information to enable them to make informed decisions and choices;

To equip the parents and other caregivers and the teachers with the capabilities to
identify, prevent, refer and intervene with the developmental disorders and
disabilities of children as well as in the relevant individual programing, planning for
the student where such program differs significantly for the standard curriculum
and other matters that enhance the role of parents and other caregivers as the
primary educators that caregivers of their children from birth onward;

To involve private groups, local government units and national agencies other than
the Department of Education, in the education of children with special needs;

To effectuate significant and positive changes in community attitudes towards
disability and the need to provide special education, care and other needs of children
with special needs.

SEC. 4. Definition of Terms. - For the purposes of this Act, these terms are defined as

follows:

(a)

(b)

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(a)

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Disability shall mean

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;
3) being regarded as having such an impairment.

Impairment is any loss, diminution or aberration or psychological, physiological or
anatomical structure or function;

Handicap refers to a disadvantage of a given individual, resulting from an
impairment or a disability that limits or prevents the functions or activity that is
considered normal given the age and gender of the individual.

Persons with disabilities are 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;

Marginalized/disadvantaged disabled persons refer to disabled persons who lack
access to rehabilitate service and educational opportunities due to poverty,
abandonment, illness and other form of neglect. For purposes of this Act, the word
"poor" are those who either have no means of livelihood or have incomes below
poverty threshold;

Children and youth with special needs are the gifted and talented and those who are
disabled, impaired and handicapped persons in need of special education as well as


services for rehabilitation. He/she differs from the average child in 1) mental
characteristics; 2) sensory abilities; 3) neuro-muscular or physical characteristics; 4)
social; 5) multiple handicaps; and/or 6) has a developmental lag to such an extent
that requires modified school practices or special education services to develop to his
maximum capability. They include persons aged 0-21 years old and may be as
follows:

1. Gifted and Talented children are those capable of superior performance and
these include those with demonstrated achievements or potential ability in one or
more of the following areas: general intellectual ability, special aptitude, creative
or productive thinking ability, leadership 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 or
ordinarily provided by the school;

2. The Intellectually Disabled are those who have substantial limitation in present
functioning characterized by significant sub-average intellectual functioning,
existing concurrently with the related limitation in two or more of the applicable
adaptive skill areas; communication, self-direction, home living, social skills,
community use, self-direction, health and safety, functional academics, leisure
and work;

3. The Visually Impaired are those who are blind or having a low vision. A person
is blind if he has a visual acuity of 20/200 or less in a better eye after maximum.
correction. The low vision person retains a relatively low degree of vision and
can read only enlarged print of regular or regular or regular print under special
condition;

4. The Hearing Impaired are those who are deaf or hard-of-hearing. The deaf
person is one whose hearing is functional for ordinary purpose in life. The hard-
of-hearing has a sense of hearing which although defective is functional without
a hearing aid;

5. Children and youth with behavior problems are those who cannot adjust to the
socially accepted norms or behavior and consequently disrupt their academic
progress, the learning efforts of their classmates and interpersonal relations;

6. The Orthopedically Handicapped are those whose impairment permanently or
temporarily interferes with the normal functions of the joints, muscles or limbs;

7. Children and youth with special health problems are those who have health
conditions that tend to keep children out-of -school or those with chronic illness
like cardiac (heart) diseases, asthma, diabetes, tuberculosis and other respiratory
ailments, carcenonza, epilepsy, malnutrition and others;

8. Children and youth with learning disabilities are those whose although normal
in sensory, emotional and intellectual abilities exhibit disorders in perception,
listening, thinking, reading, writing, spelling or arithmetic. They have such
condition as perceptual handicap, brain injury, minimal brain dysfunction,
dyslexia and developmental aphasia;


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(h)

(i)

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(k)

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9. The Speech impaired are those whose speech differs from the average so far as to
draw unfavorable attention to the manner of speaking rather than the thought
conveyed; or

10. Persons with Autism are those with developmental disabilities, having onset
before 30 months of age which is marked by disturbance in development,
language and relationship with persons, activities and objects and which may co-
exist with intellectual disability and epilepsy. Children afflicted with this
disorder have perceptual, cognitive communication and social difficulties which
change over time.

Auvillary aids and services are services that are basically non-education but impinge
on the education process of the child with special needs. These include:

1. Therapy;

2. Qualified interpreters or other effective methods of delivering materials to
individuals with hearing impairments;

3. Qualified readers, taped test or other effective methods of delivering materials to
individuals with visual impairments;
4. Acquisition or modification of equipment or device; and

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

Augmentative and alternative communication devices are special instructional
materials like a textbook in Braille, large type or any other medium or any apparatus
that conveys information to student or otherwise contributes to the learning process.

Private sectors participation encompasses all forms of indispensable, substantial and
meaningful participation of private individuals, partnership, groups or entities,
community-based organization or non-governmental organizations in the delivery of
educational and rehabilitative services for students and children with special needs.

Basic Education consists of at least six (6) years of elementary education and at least
four (4) of secondary education including early years of education.

Special Education is basic education that takes into account the special needs of both
the disabled children and the gifted and talented that requires a systematic and
deliberate process for them to achieve functional literacy and which will bring the
individual to the highest level of his (1 )potential and capacity. It is also defined as
the type of education tailored to meet the needs of children who cannot profit
because of disabilities or exceptional abilities.

Functional literacy is the level of literacy necessary for the children and youth to
become useful citizens and effective members of the society.

SEC. 5. Coverage. - This Act shall cover student and children and youth with special
needs nationwide.

SEC. 6. Creation of the Bureau of Special Education. - To attain the objectives of this Act,
the Bureau of Special Education (BSPED), hereinafter referred to as the Bureau, is hereby created
to institutionalize and govern special education in the Philippines. The Bureau is primarily
tasked in the formulation and administration of an appropriate curriculum and


developmentally-suited programs to primarily achieve functional literacy of the children and
youth with special needs and ensure their inclusion to society. The full continuum of educational
services shall also be made available by the bureau to those CSN below school age through
regular home visits, consultations, day care activities and any other properties medium or
program.

BSPED shall function as a regular bureau of the Department of Education, under the
direct supervision of the Department Secretary and to be headed by a director and assistant
director.

The divisions chiefs shall serve as heads for the (1) Gifted and Talented Children and
Youth Division (GCYD); and (2) Children and Youth with Disabilities Division (CYDD) with the
staffing needs to be equitably distributed in accordance with the current needs and concerns of
their respective divisions. They shall assist the director in the formulation, implementation and
improvement of the framework and components of the special education program.

The Philippine Printing House for the Blind under the existing organization structure of
DepEd shall become part of the CYDD.

SEC. 7. SPED Centers in Regular Schools. - At least one (1) special education (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 Resource Center for the implementation of
inclusive education that will accept all kinds of children in regular schools. It shall support
children and youth with special needs integrated and included in regular schools and b) assist in
the conduct of school-based training; c) produce appropriate teaching materials, and d) conduct
of assessment of children and youth with special needs.

Each SPED Center shalll have at least the following staff who shall have qualifications as
to DepEd standards. They will have a starting salary classification of Grade 13:

a) 1 SPED teacher for the gifted and talented;

b) 1 SPED teacher for children and youth with intellectually disabled;

©) 1 SPED teacher for children and youth with visual impairment;

) 1 SPED teacher for children and youth with hearing impairment;

e) 1 SPED teacher for children and youth with autism;

f) 1SPED teacher for children and youth with learning disability;

g) 1 SPED teacher for children and youth with behavior problems.

SPED teachers should work cooperatively with regular teachers.

There shall be an assistant principal for each SPED Center. He/she shall administer and
supervise the alternative educational program, early intervention programs, monitoring,
supervision and technical assistance and human resource training/SPED personnel
enhancement programs, referral and placement procedures, advisory services and other
components of the special education program in his/her jurisdiction. He/she shall also be
responsible for the formation and supervision of placement committee under his/her jurisdiction
as well as in the resolution of disagreement on placement and services.


SEC. 8. Other Personnel of SPED Centers. - One educational psychologist or
psychometrician, one social worker, one education supervisor and lone medical health officer for
each city, and province shall be appointed, among other responsibilities, shall comprise the
administrative core and placement committee of the SPED unit in the area. They shall also be
jointly tasked to develop and maintain a database in special education in their respective
jurisdiction. The placement committee shall, 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 distance possible in the availment
of educational services, in consultation with, and active participation of parents.

SEC. 9. Itinerant/Mobile SPED teachers. - \tinerant/Mobile SPED teachers shall also be
appointed whenever necessary and on a needs basis. He/she shall assist isolated or remote
schools with specialized equipment, individual programs, curriculum adjustment, teaching aids
and building modifications.

SEC. 10, Authority of the Secretary of Education to Give Grants to, or Enter into
Cooperative Arrangement for the Creation of SPED Centers. - The Secretary of Education is
hereby authorized to give grants to, or enter into cooperative arrangement or contracts with
public or private non-profit agencies, institutions or organization for the establishment or
creation of SPED Centers for children and youth with special needs: Provided, That a grant made
pursuant to this Section may be made only for the following or similar programs:

(a) Technical assistance of SPED Centers providing educational assistance for children
with special needs (CSN);

() Pre-service or in-service training of professionals or related services personnel
Preparing to serve or serving CSN;

(6) Replication of successful innovative approaches to providing educational or related
services to CSN;

(A) Facilities of parental involvement in the education of their CSN;
(©) Diagnosis and educational evaluation of CSN at risk of being certified CSN;
(6) Consultative, counseling and training services for the families of CSN;

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

SEC. 11. Provision for Continuing Research to Identify Special Needs of CYSN. - The
Bureau of Special Education (BSPED) by itself or in associate with such organizations or
institutions as are determined by the DepEd Secretary to be appropriate, shall undertake
continuing research to identify and design programs that meet the full range of children with
special needs: Provided, That such continuing research shall also be used to develop instructional
techniques for used by the SPED Centers that will improve the CSN's acquisition of skills
necessary for transition to independent living, vocational training or competitive development.
Provided, Finally, That such continuing research shall further be used to design physical
education and therapeutic recreation program for use by the Center to increase the potential of
CSN for community participation.

SEC. 12. Student Assistance. - The Bureau shall provide financial assistance to
economically marginalized but deserving students with special needs at the elementary and
secondary levels, including any post-secondary or tertiary education which may come in the


form of scholarship grants, transportation allowance, food allowance, board and lodging
allowance, book allowance, student loan programs, artistic and cultural tours, training and
programs, subsidies and other incentives. Marginalized disabled persons and those coming from
indigenous communities shall be the priority in the grant of the aforesaid assistance.

Social equipment like wheelchair, crutches, special toilet and hygiene requirements,
hearing aids, eyeglasses and the like required by the children and youth to optimize education
and participation in the educational process shall also be provided for free and at discounted
rates to deserving students and at very affordable rates in general through a reasonable funding
scheme that shall be designated by the Bureau.

SEC. 13. Medical Assistance. ~ The Bureau 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 like therapy, psychometric assessments, medical examinations
and the like with government clinics, hospitals and other health facilities. In case medical needs
are not offered by the nearest or accessible government clinics, hospitals and other health
facilities or cannot be obtained by reason of critical immediacy or the need to obtain a more
specialized or advance treatment, they can avail of the services of the private clinics, hospitals
and other specialized agencies through tax incentives. For this purpose, as far as practicable or
on a case-to-case basis, as may be determined by the Bureau, health care insurance programs
may be instituted.

SEC. 14. Nutritional Programs. ~ The nutritional programs of CSN shall be supervised by
the National Nutrition Council and the Department of Health in coordination with the local
government unit health officer.

SEC. 15, Establishment of Child Development Center, - Child Development Care Centers
especially designed for pre-school children and their parents, where early identification of
disabilities and special needs and early learning intervention will be administered, shall also be
established near or within SPED centers or those that will be created by the bureau with support
of the local government units in the area. As far as practicable, existing day care centers and
facilities shall be maximized.

SEC. 16. Recreational and Artistic Opportunities. - The Bureau shall institute and
include a program for children and youth with special needs to provide them full opportunities
for safe and wholesome recreation and activities, individual as well as social, for the wholesome
use of his leisure hours and for the advancement of their physical, mental, social and cultural
development.

SEC. 17. Continuing Education and Assistance to Teachers or Instructors of Children and
Youth with Special Needs. - The Bureau shall enhance the gift of the teachers/instructors to
professional advancement and ensure that the teaching staff attract the best available talents
through adequate remuneration, scholarship and training grants; teacher exchange programs,
incentives and allowance and other means of securing job satisfaction and fulfillment as well as
their lone and stable tenure in their respective posts. A similar program shall be designed for
support personnel like interpreters, psychologist, social workers and other also involved in the
education and rehabilitation of the children and youth.

SEC. 18. Parent, Sibling, and Caregiver Education. ~ There shall be a formal training and
counseling program for parents, sibling and caregivers for them to acquire a working knowledge
of special education, gain an understanding of the psychology of children with special needs, be
aware of their crucial role as educators and gain knowledge and skills on how each parent,
sibling or caregiver could maximize his/her services for the optimum development of the
potential of the children and youth.


SEC. 19. Special Instructional Materials. - Publishers shall grant to the DepEd BSPED
the authority to transcribe adopted instructional materials into Braille, large type and audio tape
without penalty or royalty. Furthermore, on or before the second working day after the adoption
of textbook titles by the DepEd, each publisher of newly adopted instructional materials shall
provide computerized files as specified by the DepEd which may be copied and distributed to a
school division, upon request, for instructional purposes.

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 districts as long as needed and are to be returned to BSPED when no longer needed.

SEC. 20. Incentives to Private Sector Participation. - Partnership between the
government and private institutions catering to the needs of children and youth with special
needs shall be encouraged. In this regard, the Department of Education, in coordination with the
Department of Finance, Department of Interior and Local Government, Department of Science
and Technology, Department of Trade and Industry, shall draw up a scheme to provide
incentives that will include tax deductions, loan assistance and technological or scientific
assistance to encourage private participation in the education and rehabilitation of CYSN.

SEC. 21. Local Government Unit Participation. - The local government units shall be
responsible for the:

a) Provision of building or centers and sites where there are no existing school facilities
that will house the special education of children/students with special needs a well
as the establishment of day care centers as mentioned in Section 15;

b) Organization of one (1) parent-teacher association in every school in their respective
jurisdictions offering special education to children and youth with special needs;

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

d) Provisions of counterpart funds for the training and seminars of parents and teachers
and nutritional programs for the children and youth with special needs in their
respective localities to be determined by the Bureau, in coordination with the
Department of Budget and Management and the Department of Finance.

SEC. 22. Public Information, Education and Communication. - A nationwide
information dissemination campaign on prevention, early identification and 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
Department of Education (DepEd). The DepEd, in collaboration with the Department of Health,
Department of Labor and Employment (DOLE) and the Local Government Unit shall also
disseminate materials and information concerning effective practices in working with, training
and education of CYSN.

SEC. 23. Appropriations. - For the implementation of this Act, the amount of Six
Hundred Million Pesos (P600,000,000.00) per year for five (5) consecutive years is hereby
appropriated for the SPED program to be included in the General Appropriations Act.


A supplementary appropriation in the amount of Twenty Million Pesos (P20,000,000.00)
to be sourced from the President's Social Fund and the Philippine Amusement and Gaming
Corporation (PAGCOR) shall be provided to BSPED as a reserve fund for every year of operation
immediately upon approval of this Act. This shall be used exclusively to augment funding for
auxillary aids and services.

Government incentives and support provided by the DepEd, DOF, DOH, DILG,
LGU,CWC and the National Council for Disability Affairs shall also be included in their
respective annual budget in the General Appropriations Act.

SEC. 24. Implementation. - The Department of Education through the Bureau of Special
Education, in coordination with the Department of Interior and Local Government, Local
Government Unit, Department of Health, Department of Finance, Council for the Welfare of
Children, Early Childhood Care and Development Council, and the National Council for
Disability Affairs shall promulgate and issue the necessary implementing guidelines for the
creation and operation of the SPED Centers within sixty (60) days after the effectivity of this Act,

SEC. 25. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SEC. 26. Repealing Clause. - Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rules and regulations contrary to or inconsistent with
the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 27. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,