THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
'04 
flub; 14 P3 :ob 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2 provides: 
Sec. 17. The State shall give priority to education, science and technology, 
arts, culture, and sports to foster patriotism and nationalism, accelerate social 
progress, and promote total human liberation and development. 
The Constitution, Article 14 also states that: 
Sec. 1. 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. 
No one can question the notion that children are entitled to the fundamental necessities of 
life: love and attention, food and shelter, health care and education. Education is not only a basic 
human right but it is also the best tool the government has to instill essential skills and teach 
children about their rights. 
The education of special children requires greater commitment because of the existence 
of distinctive circumstances. 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. 
Ultimately, our investments in special education may redound to the benefit of society, as 
the children can develop into future leaders. With the help given by the government, their 
families can remain stable and become significant contributors to the growth of onr nation. 
This passage of this bill is timely as it seeks to answer the need of special children in the 
country by the institution of special education centers in every school division. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHEPPINES 
1 
'04 
nus 11 P3:06 
First Regular Session 
1 
S E N A T E  
6
5
 
S.B. NO. 
17 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING AT LEAST ONE (1) SPECIAL EDUCATION CENTER FOR EACH 
SCHOOL DIVISION AND AT LEAST THREE (3) SPECIAL EDUCATION CENTERS IN 
BIG SCHOOL DIVISIONS FOR CHILDREN WITH SPECIAL NEEDS, GUIDELINES FOR 
GOVERNMENT FINANCIAL. ASSISTANCE AND OTHER INCENTIVES AND SUPPORT 
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 "Special Education Act of 
2004." 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
protect and promote the rights of children with special need (CSN's) 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 11, Sec. 13 of Article XILI of the 1987 Constitution, Sections 1 and 2, paragraphs 1 and 3 
of Article XIV, Article 3 of P.D. 603 and Sections 12 to 14 of Rep. Act No. 7277, the State shall 
institutionalize an adequate and relevant education program for every child with special needs 
through the establishment of Special Education (SPED) Centers and of their vital support 
mechanisms. Thus, all CSN's, irrespective of the degree of sensory, physical or intellectual 
disability or needs, 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. 


SECTION 3. Objectives. -The objectives of the Special Education Act of 2004 are: 
(1) To provide access to basic education among CSN’s namely the giftedhalented, the 
mentally retarded, the visually impaired, the hearing impaired, the orthopedicallylphysically 
handicapped, the learning disabled, the speech defective, the children with behavior problems, 
the autistic children and those with the health problems through the formal system and other 
alternative delivery services in education; 
(2) To ensure that CSN’s 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 
the affairs and concerns of the country; 
(3) To ensure that CSN’s understand, appreciate and respect differences amongst groups 
and members in society and also to understand the nature of society in which they live; 
(4) 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; 
(5) 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 programming planning for the student where such 
program differs significantly from the standard curriculum and other matters that enhance the 
role of parents and other caregivers as the primary educators and caregivers oft heir children 
from birth onwards. 
(6) To involve private groups, local government units and national agencies other than 
the DECS in the education of children with special needs; 
(7) 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. 
SECTION 4. Definition of Terms. - For purposes of this Act, these terms are defined as 
follows: 
(1) 
Disability shall mean - 


(a) A physical or mental impairment that substantially limits one or more 
psychological, physiological or anatomical function of an individual; 
(b) A record of such an impairment; 
(c) Being regarded as having such an impairment. 
(2) Impairment is any loss, diminution or aberration of psychological, physiological or 
anatomical structure or function; 
(3) Handicap refers to a disadvantage for 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 sex of the individual; 
(4) Disabled persons 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; 
(5) Marginalized/disadvantaged disabled persons refer to disabled person who lack access 
to rehabilitative services and educational opportunities due to poverty, abandonment, illness and 
other forms of neglect. For purposes of this Act, the word “poor” are those who either have no 
means of livelihood or have incomes below threshold; 
(6) Children and youth with special needs are the gifted and fast learners and those who are 
disabled, impaired and handicapped persons in need of special education as well as service for 
rehabilitation. He/she differs from the average child in - 
(a) Mental characteristics; 
(b) Sensory abilities; 
(c) Neuromuscular or physical characteristics; 
(d) Social abilities; 
(e) Multiple handicaps; and/or 
(9 Has a developmental lag to such as an extent that he requires modified school 
practices or special education services to develop to his maximum capability. They 
include person aged zero to twenty one (0-21) years old and may be as follows: 
i. Gifted Children and Fast Learners are those capable of superior 
performance and these include 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 or 
those individuals who consistently manifest the following cluster of traits: above 
average ability (including intelligence), high creativity (implies the developmental 
appreciation o f i nnovative i deas) and high tasks commitment (related to a high 
degree of motivation) and those who by reason thereof, require services or 
activities not ordinarily provided by the school. 
ii. The Mentally HandicappediMentally Retarded are those who have 
substantial limitation in present hnctioning characterized by significant sub- 
average intellectual functioning, existing concurrently with related limitations 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. 
iii. The Visually Impaired are those who are blind or have low vision. A 
person is blind if he has a visual capacity of 20/200 or less in a better eye after 
maximum correction. The low vision person retains a relative low degree of 
vision and can read only enlarged print or regular print under special conditions. 
iv. The Hearing Impaired are those who are deaf or hard-of hearing. The 
deaf person is one whose hearing is non-functional for ordinary purposes in life. 
The hard-of hearing has a sense of hearing which although defective is functional 
with or without a hearing aid. 
v. StudenVChildren with Behavior Problems are those who cannot adjust 
to the socially accepted norms or behavior and, consequently disrupt their 
academic progress, the learning effort of their classmates and interpersonal 
relations. 
vi. The Orthopedically Handicapped are those whose impairment 
permanently or temporarily interferes with the normal functions of the joints, 
muscles or limbs. 


(8) Special instructional materials means a textbook in Braille, large type or any other 
medium or any apparatus that conveys information to a student or otherwise contributes to the 
learning process. 
(9) Private sector participation encompasses all forms of indispensable, substantial and 
meaningful participation of private individuals, partnerships, groups or entities, community- 
based organizations or non-governmental organizations in the delivery of educational and 
rehabilitative services for students and children with special needs. 
(10) 
Basic Education consists of at least six (6) years of elementary education and at 
least four (4) of secondary education including pre-school education. 
(1 1) 
Special Education is basic education that takes into account the special needs of 
both disabled children and gifted children 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 
potential and capacity. It is also defined as that type of education tailored to meet the needs of 
children who cannot profit because of disabilities or exceptional abilities. 
(12) 
Functional Literacy is the 1 eve1 o f literacy necessary for the student or child to 
become a useful citizen and effective member of the society. 
SECTION 5. Coverage. - This Act shall cover students and children with special needs 
nationwide. 
SECTION 6. Creation of the Bureau of Special Education. - To attain the objectives of 
this Act, the Bureau of Special Education (BSE), 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 cumculum and 
developmentally-suited programs to primarily achieve functional literacy of the students/children 
with special needs and ensure their integration to society. The full continuum of educational 
services shall also be made available by the bureau to those CSN’s below school age through 
regular home visits, consultations, day care activities and any other proper medium or program. 


BSE 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. 
Three division chiefs shall serve as heads for the (1) Gifted Children Division (GCD); (2) 
Children with Disabilities Division (CDD) and (3) Special Services and Auxiliary Aids Division 
(SSAAD), 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 of the special 
education program. 
The Philippine Printing House for the Blind under the existing organization structure of 
DECS shall become part of the SSAAD. 
SECTION 7. SPED Centers in Regular Schools. - 
(1) 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. 
(2) The SPED Center shall function as the Resource Center for the implementation of 
inclusive education that will accept all kinds of children on regular schools. It shall: 
(a) support children with special needs integratedhncluded in regular schools; 
(b) Assist in the conduct of school-based training; 
(c) Produce appropriate teaching materials, and 
(d) Conduct assessment of children with special needs. 
Each SPED Center shall have the following staff who shall have a starting salary 
(3) 
classification of Grade 13: 
(a) 1 SPED teacher for the Mentally Gifted; 
(b) 1 SPED teacher for the Mentally RetardedlHandicapped; 
(c) 1 SPED teacher for the Visually Impaired; 
(d) 1 SPED teacher for the Hearing Impaired; 
(e) 1 SPED teacher for the Autistic Children; 


(f) 1 SPED teacher for the Learning Disabled; 
(g) 1 SPED teacher for children with behavior problems. 
(4) Regular teachers currently handling special education of children with special needs 
shall henceforth be classified as SPED teachers with the same salary grade classification as 
mentioned in the preceding paragraph. 
(5) There shall be an assistant principal for each SPED Center. He/she shall administer 
and supervise the alternative educational programs, early intervention programs, monitoring, 
supervision and technical assistance and human resource trainings/SPED personnel enhancement 
programs, referral and placement procedures, advisory services and other components of the 
special education program in hisher jurisdiction. Hehhe shall also be responsible for the 
formation and supervision of placement committee under hisher jurisdiction as well as in the 
resolution of disagreements on placement and services. 
SECTION 8. Other Personnel of SPED Centers. - One educational psychologist or 
psyochmetrician, one social worker, one education supervisor and one medical health officer for 
each city and province shall be appointed who, 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 data bank in special education in their respective 
jurisdictions. 
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 shortest distance 
possible in the availment of educational services, in consultation with, and active participation of 
parents. 
SECTION 9. Itinerant SPED Teachers. - Itinerant 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, cuniculum adjustment, teaching aids 
and building modifications. 


SECTION 10. Authority of the Secretary of Education to Give grants to, or Enter into 
Cooperative Arrangements for the Creation of SPED Centers. - The Secretary of Education, 
Culture and Sports is hereby authorized to give grants to, or enter into cooperative arrangements 
or contracts with public or private non-profit agencies, institutions or organizations for the 
establishment or creation of SPED centers for children 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’s); 
(b) pre-service or in-service haining of professionals or related services personnel 
preparing to serve or serving CSN’s; 
(c) replication of successful innovative approaches to providing educational or 
related services to CSN’s; 
(d) facilitation of parental involvement in the education of their CSN’s; 
(e) diagnosis and educational evaluation of CSN’s at risk of being certified CSN’s; 
(0 consultative, counseling and training services for the families of CSN’s; 
(g) familiarization of the municipality or city to be served by a SPED center with the 
problems and potentialities of such children. 
SECTION 11. Provision for Continuing Research to Identifj, Special Needs of CSN’s. - 
The Bureau of Special Education, by itself or in association with such organizations or 
institutions as are determined by the DepEd Secretary to be appropriated, shall undertake 
continuing research to identify and design programs that m eet the full range o f c hildren with 
special needs: Provided, That such continuing research shall also be used to develop instructional 
techniques for u se by the SPED Centers that will improve the CSN’s acquisition of the skills 
necessary for transition to independent living, vocational training or competitive development; 
Provided, finalZy, that such continuing research shall further be used to design physical education 
and therapeutic program for use by the Centers to increase the potential of CSN’s for community 
participation. 


SECTION 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 s cholarship 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. 
Special equipment like wheelchair, crutches, special toilet and hygiene requirements, 
hearing aids, eyeglasses and the like by the students 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 
designed by the Bureau. 
SECTION 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 o r  child’s rehabilitation 1 ike therapy, p sychometnc assessments, medical examinations 
and the like with government clinics, hospitals and other health facilities. In case the 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 advanced treatment, they can avail of the services of 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, heaIth care insurance programs may be 
instituted. 
SECTION 14. Nutritional Progmrns. - The nutritional programs for CSN’s shall be 
supervised by the National Nutrition Council and the Department of Health in coordination with 
the Local government unit health officer. 


SECTION 15. Establishment of Specialized Day Care Centers. - Day care centers 
specially designed for pre-school children and their parents, where early identification of 
disabilities and special needs and introductory educational and intervention programs will be 
administered, shall also he established near or within existing SPED centers or those that will be 
created by the bureau with the support of the Department of Social Welfare and Development 
and local government unit in the area. As far as practicable, existing day care centers and 
facilities shall be maximized. 
SECTION 16. Recreational anh Artistic Opportunities. - The Bureau shall institute a 
program for students or children with special needs to afford them full opportunities for safe and 
wholesome recreation and activities, individual as well social, for the wholesome use of his 
leisure hours and for the advancement of their physical, mental, social and cultural development. 
SECTION 17. Continuing Education and Assistance to Teachers/Instructors of Students 
with Special Needs. - The Bureau shall enhance the right of the teachers/instructors to 
professional advancement and ensure that the teaching staff will attract the best available talents 
through adequate remuneration, scholarship and training grants, teacher exchange programs, 
incentives and allowances and other means of securing job satisfaction and fulfillment as well as 
their long and stable tenure in their respective posts. A similar program shall be designed for 
support personnel like interpreters, psychologists, social workers and others also involved in the 
education and rehabilitation of the child. 
SECTION 18. Parent, Sibling and Caregiver Education. - There shall he a formal 
training and counseling program for parents, siblings and caregivers for them to acquire a 
working knowledge of special education, gain an understanding of the psychology of children 
with special needs, he aware of their crucial role as educators and gain knowledge and skills on 
how each pasent, sibling or caregiver could maximize hidher services for the optimum 
development of the potentials of the child. 


SECTION 19. Special Instructional Materials. - Publishers shall grant to the DepEd 
through the Special Services and Auxiliary Aids Division (SSAAD) the authority to transcribe 
adopted instructional materials into Braille, large type and audio-tape without penalty or royalty. 
Furthennore, 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 SSAAD when no longer needed. 
SECTION 20. Incentives to Private Sector Participation. - Partnership between the 
government and private institutions catering to the needs of studentshhildren 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 and 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 CSN’s. 
SECTION 21. Local Government Unit Participation. - The local govemment units shall 
be responsible for the: 
(1) Provision of buildings or centers and sites where there are no existing school facilitieS 
that will house the special education of children /students with special needs, as well as the 
establishment of day care centers as mentioned in Sec. 15; 
(2) Organization of one (1) parent-teacher association in every school in their respective 
jurisdictions offering special education to studentsichildren with special needs; 
(3) 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 and equipment for SPED programs and 
equipment, among others; 
(4) Provision of counterpart funds for the training and seminars of parents and teachers 
and nutritional programs for the studentichildren 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. 
SECTION 22. Public Infoumation, Education and Communication. - A nationwide 
information dissemination campaign on the 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 (DOH) and Department of Labor and Employment (DOLE), shall also 
disseminate materials and information concerning effective practices working with, training and 
educating CSN’s. 
SECTION 23. Appvopuiations. - 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 Appropriation Act. 
A supplementary appropriation in the amount of Twenty Million Pesos (P 20,000,000.00) 
to be sourced from the President Social Fund, and the Philippine Gaming Corporation shall be 
provided to BSE as a reserve fund for every year of operation immediately upon arrival of this 
Act. This shall be used exclusively to augment funding for auxiliary aids and services. 
Government incentives and support provided by the DepEd, DOF, DOH, DILG, the 
Council for the Welfare of Children and the National Commission for the Welfare of Disabled 
Persons shall also be included in their respective annual budgets in the General Appropriations 
Act. 
SECTION 24. Implenzentation. - The Department of Education through the Bureau of 
Special Education, in coordination with the Department of the Interior and Local Government, 


,
L
 
I 
Department of Health, Department of Finance, Council for the Welfare of Children and National 
Council for the Welfare of Disabled Persons, shall promulgate and issue the necessary guidelines 
for the creation and operation of SPED Centers within sixty (6) days after the effectivity of this 
Act. 
SECTION 25. Separability Clause - If any provision o r p art hereof i s held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 26. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 27. Eflectivity Clause - This Act shall tdke effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
FN: 1705acs