Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 3268

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

There is a need to enhance access to quality education
particularly for children and youth with special educational needs such
as the gifted, the gifted but physically handicapped, the fast learners,
the mentally retarded, the visually impaired (blind), the hearing-
impaired, the orthopedically handicapped, the speech impaired, those
with behavior problems, those with learning disabilities and those with
special health problems and others have not received as much
attention as it should have. The lack of classrooms, physical facilities
and special equipment suitable to the needs of the disabled, the dearth
of specially trained teachers and school administrators for the various
exceptionalities has remained a perennial problem.

Parent education is an urgent need in the campaign to enhance
home-school relationships and to maximize their sense of competence
and involvement in the education of their handicapped and as well as
the gifted children. Over the years, the Bureau of Elementary
Education has worked for the improvement of the delivery system
despite and against any constraints. These efforts can only be
sustained if they are anchored on a legal mandate that fully supports
and ensures the continuity of long-term programs to help develop the
potential of handicapped and gifted persons. In this way, self-reliance
that has been wanting among the handicapped who are potential
assets to themselves and to the country could be developed.

With the advent of the worldwide movement of Education for All
(EFA), adequate provision for the education of the handicapped and
the gifted will contribute to the achievement of its objectives which
emphasizes the eradication of illiteracy, greater effectiveness of
learning for all and the acquisition of basic skills, knowledge and
attitudes to empower them for a better quality of life.

In view of the foregoing, approval of this bill is earnestly sought.

a

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

a0r9
HOUSE BILL NO. _82 68

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
TO EXPAND AND REVITALIZE THE SPECIAL
EDUCATION PROGRAM FOR GIFTED AND
HANDICAPPED CHILDREN AND YOUTH IN THE
PHILIPPINES

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
“Gifted and Handicapped Children and Youth Act.”

SEC. 2. Declaration of Policy. - The State shall recognize the
vital role of the youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual and social well-being. It
shall give priority to education, science and technology, arts, culture
and ports to foster patriotism and nationalism, accelerate social
Progress, and promote human liberation and development.

SEC. 3. Special Education Program - Pursuant to the
foregoing policy, there shall be established in every school division a
comprehensive special education program for handicapped and gifted
children and youth in the pre- elementary, elementary, and secondary
levels throughout the country with the following essential program
components.

(a) Educational diagnosis and assessment essential to the proper
identification of gifted and handicapped children and youth.

(b) Pre-service and continuing in-service training for teaching
and non-teaching personnel to ensure staff competence;

(c) Expanded curriculum development and evaluation to meet
the diversified needs of the clientele;

(d) Continuing research as basis for improvement of instruction
at the pre-elementary, elementary and secondary levels and in


planning and service programming activities including the purchase of
special facilities and equipment;

(e) Parent-education informing them of available services,
placement options and other relevant information to enable them to
make informed decisions.

SEC. 4. Definition of Terms. - For purposes of this Act, the
term:

(a) “Gifted” shall refer to one who shows advanced development
and potential for at least above average verbal or linguistic
intelligence, logical or mathematical intelligence, body or kinesthetic
intelligence, visual or spatial intelligence, musical or rhythmic
intelligence or leadership ability.

(b) “Handicapped” shall refer to one who has a physical or
mental impairment that substantially limits one or more of higher
psychological, physiological or anatomical functions.

(c) “Secretary” shall refer to the Secretary of the Department of
Education.

SEC. 5. Organization. - Every public school division throughout
the country shall organize special classes for gifted and handicapped
children and youth in the pre-elementary, elementary and secondary
levels. The organization of pre-school classes for these children and
youth shall be strongly encouraged to ensure early educational
intervention.

Every public school division shall also organize special education
centers which shall include non-formal and outreach programs for out-
of school children and youth.

SEC. 6. Special Services. - Special schools and special
education centers shall offer a range of special services which shall
include medical, psychological and social services, diagnostic
counseling, vocational and recreational services. Regular schools
within the school division with special education classes shall have
access to the above services.

SEC. 7. Provision for Continuing Research to Identify
Special Needs of Gifted and Handicapped Children and Youth. -
The Special Education Division of the Department of Education, by
itself or in association with such organizations or institutions as are
determined by the Secretary to be appropriate, shall undertake
continuing research to identify and design a comprehensive special
educational program that meets the full range of special needs of
gifted and handicapped children and youth: Provided, That such
continuing research shall also be used to develop instructional
techniques for use by special education centers that will improve the
acquisition by handicapped children and youth of skills necessary for
transition to independent living, vocational training, or competitive
employment; Provided, finally, That such continuing research shall


further be used to design physical education and therapeutic
recreation program for use by special education centers to increase the
potential of handicapped children and youth for community
participation.

SEC. 8. Skills training. - Vocational education and training
shall be provided and strengthened to render handicapped children
and youth more skillful and competitive.

SEC. 9. Teacher's Item. - Wherever requirements are met, the
salary grade of teachers handling special education classes shall be
two grades higher than that of a regular teacher and their present
items shall be reclassified to special education teacher items. Items for
special education supervisor in each public school division and head
teachers of special education centers shall be created for effective
administration and supervision of the comprehensive special
education program.

SEC. 10. Provision for Training of Personnel. - The
Department of Education, in collaboration with the Commission on
Higher Education and the Technical Education and Skills Development
Authority, shall develop special education courses for adoption and
implementation by accredited higher education institutions; Provided,
That such courses shall include subjects on: (a) special education and
adaptive physical education; (b) special education supervision and
administration; and (c) special education research; Provided, finally,
That the Secretary may make grants, which may include scholarships
with necessary stipends and allowances, to institutions of higher
education and universities which already offer such or similar courses.

SEC. 11. Teacher Training. - All teacher training institutions,
public or private, offering Bachelor's degree in Education shall include
Special Education subjects as basic knowledge to students in teacher
education.

SEC. 12. Authority of the Secretary of Education. - The
Secretary of Education, is charged with the administration and
enforcement of the provisions of this Act and shall promulgate and
issue the necessary implementing rules and regulations within sixty
(60) days from the effectivity of this Act. A copy of such rules and
regulations shall furnish the Congress of the Philippines.

He/She is hereby authorized to organize a group under higher
office to intensify the supervision and development efforts on special
education at the elementary and secondary levels, including out-of-
school children and youth.

SEC. 13. Dissemination of Materials and Information
Concerning Working Practices with Gifted and Handicapped
Children and Youth. The Secretary, in collaboration with the
Secretary of Health and Secretary of Labor and Employment, shall
disseminate materials and information concerning effective practices in
working with, training and educating gifted and handicapped children
and youth.


SEC. 14. Appropriation. - The initial amount of Fifty Million
Pesos (P50,000,000.00) is hereby authorized to be appropriated out of
the President's Organization Adjustment Fund to carry out the
provisions of this Act on the year of its approval. Thereafter, such
sums as may be necessary to sustain and maintain the program
mandated in this Act shall be included in the budget of the Department
of Education, Culture and Sports in the General Appropriations Act.

SEC. 15. Incentives for Private Individuals/Entities. -
Donations, gifts, bequests in the form of cash, building, land or
improvements thereon, from private entities as well as private
corporations, which shall be made to the Department of Education for
the purposes of this Act, shall constitute allowable deduction from the
income of the donor for income tax purposes and shall be exempted
form donor's tax, subject to such conditions as provided under the
National Internal Revenue Code.

SEC. 16. Repealing Clause. - Any \aw, act, decree, order,
proclamation or regulation or part thereof inconsistent with this Act is
hereby repealed or modified accordingly.

SEC. 17. Separability Clause. - In the event that any provision
of this Act, or part thereof, it is hereby declared invalid or
unconstitutional, the remaining provisions thereof shall
be considered valid and binding.

SEC. 18. Effectivity. - This Act shall take effect after fifteen
(15) days from its publication in the Official Gazette or in a newspaper
of general circulation.

Approved,