Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

SEVENTEENTH CONGRESS,
First Regular Session

House Bill Number 4625

Introduced by Representative ROLANDO G. ANDAYA, JR.

EXPLANATORY NOTE

The State recognizes the right of all Filipino children to reach their potential
and develop their skills through education. It is therefore the State’s responsibility to
provide these children with strong foundation in order for them to develop into self-
sufficient individuals and become this nation’s partner towards economic growth.

We recognize that all children are born unique and that some children are
born with special needs, therefore requiring greater care and support from the
government. To assist them in achieving their fullest potential, the Philippines has
adopted the fundamental principle of inclusive education where “children with special
education needs receive whatever extra support they may require to ensure their
effective education” (Salamanca Statement and Framework for Action on Special
Needs Education).

This bill aims to embody the inclusive education advocated by the said
UNESCO framework by institutionalizing the provision of free and appropriate public
education for children with special needs and establishing more Special Education
Centers throughout the country.

With appropriate government intervention, complemented with community and
family support, children with special needs can achieve independence as adults and
may also be able to participate fully in socioeconomic activities.

ROLAND) G, ANDAYA, JR.


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

SEVENTEENTH CONGRESS.
First Regular Session

House Bill Number 4625

Introduced by Representative ROLANDO G. ANDAYA, JR.

AN ACT ESTABLISHING SPECIAL EDUCATION (SPED) CENTERS IN ALL
PUBLIC SCHOOLS IN THE COUNTRY, PROVIDING GUIDELINES THEREFOR
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title . - This Act shall be known as the “Special Education (SPED) Act
of 2016”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to protect
children with special needs (CSN) and promote their right to quality education and to
take appropriate steps to make such education accessible to them. The State
recognizes their vital role in society and endeavors to include their needs as integral
part of national development strategies.

Itis also the policy of the State to give full support for their welfare and development,
ensure their full integration in society, as well as facilitate their active participation in
the affairs of the State. Towards this end and also pursuant to the mandate stated in
the 1987 Constitution (Section 13, Article Il; Section 13, Article XIII; and Sections 1
and 2, paragraphs 1 and 3, Article XIV), Article 3 of Presidential Decree No. 603
(The Child and Youth Welfare Code) and Sections 12, 13 and 14 of Republic Act No.
7277 (Magna Carta for the Disabled), the State shall institutionalize an adequate and
relevant educational program for every CSN through the establishment of SPED
centers and the provision of vital support mechanisms for such. Thus, all CSN, in
any degree of sensory, physical or intellectual disability or needs, shall have the
opportunity to be developed in the most enhancing environment consistent with the
provision of a quality education that best meets their needs


SEC. 3. Objectives. — The objectives of the SPED Act of 2016 are:

(a) To provide CSN access to basic education through the formal system and
other alternative delivery services in education;

(b) To facilitate integration of CSN with mainstream education;

(c) To ensure that CSN fully develop their potentials towards self-sufficiency
and become more effective partners in the affairs of the country;

(d) To ensure that CSN understand, appreciate and respect differences
amongst groups and members in society and also to understand the
nature of society in which they live:

(e) To identify gifted and talented children from ages three (3) to sixteen (16);

(f. To provide the parents with information on the full continuum of SPED
services and possible placement options for their children, thus enable
them to make informed choices and decisions;

(g) To enhance the role of parents, teachers and other caregivers as primary
educators and caregivers of the children by equipping them with
capabilities to identify, prevent, refer or intervene with the developmental
disorders and disabilities of children;

(h) To involve private groups, local government units (LGUs) and national
agencies other than the Department of Education (DepEd) in the
education of CSN; and

(i) To create significant and positive changes in community attitudes towards
disability and the need to provide special education and proper care for
CSN.

SEC. 4. Definition of Terms. — For purposes of this Act, the following terms are
defined:

(a) Disability refers to any of the following:

(1) A physical or mental impairment that substantially limits one (1) or
more psychological, physiological or anatomical function of an
individual or activities of such individual;

(2) A record of such an impairment; or

(3) Being regarded as having such impairment

(b) Impairment refers to any loss, diminution or aberration of psychological,
physiological or anatomical structure or function

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


(d) Persons with disabilities (PWD) refer to 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

(e) Marginalized/disadvantaged persons with disabilities refer to disabled
persons 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” refers to persons who
either have no means of livelihood or have incomes below the poverty
threshold as determined by the National Statistics Coordinating Board
(NSCB).

(f) Children with special needs (CSN) refer to those who are gifted or are
fast learners; and those who are disabled, impaired or handicapped and
in need of special education as well as services for rehabilitation. They
differ from the average children in mental characteristics, sensory
abilities, neuromuscular or physical characteristics and social attributes,
to such an extent that requires the use of modified school practices or
special education services to develop them to maximum capability. They
may be classified as follows:

(1) Gifted children and fast learners are those capable of superior
performance including those with demonstrated achievement or
potential ability in one (1) or more of the following areas: general
intellectual ability, specific academic aptitude, creative or productive
thinking ability, leadership ability, ability in the visual or performing
arts and psychomotor 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 ordinarily provided by the school;
Children with mental retardation/intellectual disability are those who
have substantial limitation in present functioning characterized by
significant sub-average intellectual functioning existing concurrently
with related limitations in two (2) or more of the applicable adaptive
skill areas: communication, self-care, home living, social skills,
community use, self-direction, health and safety, functional
academics, leisure and work;

Children with visual impairment are those who are blind or have low
vision. Persons are blind if they have visual capacity of 20/200 or less
in the better eye after maximum correction. The low vision persons

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retain relatively low degree of vision and can read only enlarged print
or regular print under special conditions;

(4) Children with hearing impairment are those who are deaf or hard-of-
hearing. Deaf persons are those whose hearing are nonfunctional for
ordinary purposes in life. The hard-of-hearing have a defective sense
of hearing that is functional with or without a hearing aid;

(5) Children with behavior problems are those who cannot adjust to the

socially accepted norms of behavior and consequently disrupt their

academic progress, the learning efforts of their classmates and
interpersonal relations;

Children with orthopedic/physical handicap are those whose

impairment permanently or temporarily interferes with the normal

functions of the joints, muscles or limbs;

Children with special health problems are those who have health

conditions that tend to keep children out-of-school or those with

chronic and/or debilitating illnesses such as cardiac (heart) diseases,
asthma, diabetes, tuberculosis and other respiratory ailments,
carcenonza, epilepsy, malnutrition and others;

Children with learning disabilities are those who although normal in

sensory, emotional and intellectual abilities exhibit disorders in

perception, listening, thinking, reading, writing, spelling or arithmetic.

They have such conditions as perceptual handicap, brain injury,

minimal brain dysfunction, dyslexia or developmental aphasia;

Children with speech defects are those whose speech differs from the

average so far as to draw unfavorable attention to the manner of

speaking rather than to the thought conveyed;

(10)Children with autism are those with developmental disabilities, the
onset of which occurs before thirty (30) months of age and which is
marked by disturbance in development, language and relationship
with persons, activities and objects and which may coexist with
intellectual disability and epilepsy, Children afflicted with this disorder
have perceptual, cognitive, communication and social difficulties
which change over time; and

(11)Children with multi-handicaps are those with more than one (1)
disability such as the deaf-blind or those diagnosed with autism and
intellectual disability.

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(g) Auxiliary aids and services refer to services that are basically non-
education, but enhance on the education process of the child with special
needs. These include:

(1) Therapy;
(2) Qualified interpretations or other effective methods of delivering
materials to individuals with hearing impairments;


(3) Qualified reading, taped tests or other effective methods of delivering
materials to individuals with visual impairments;

(4) Acquisition or modification of equipment or devices; and

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

(h) Special instructional materials refer to textbooks in Braille, large type or

any other medium or any apparatus that conveys information to a student
or otherwise contributes to the learning process.

(

Private sector participation refers to all forms of indispensable, substantial
and meaningful participation of private individuals, partnerships, groups or
entities, community-based organizations + or —_ nongovernmental
organizations in the delivery of educational and rehabilitative services for
students and CSN

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Basic education refers to kindergarten, at least six (6) years of elementary
education and at least four (4) years of secondary education

(k) Special education refers to basic education that takes into account the
special needs of both disabled children and gifted children. This is a
systematic and deliberate process that enables CSN to achieve functional
literacy and the highest level of their individual potential and capacity. It is
also defined as that type of education tailored to meet the needs of
children who cannot profit because of exceptional abilities. SPED is
geared towards integration of CSN with mainstream education.

(I) Functional literacy refers to the level of literacy necessary for the student
or child to become a useful citizen and an effective member of society.

SEC. 5. Coverage. — This Act shall cover all students and CSN nationwide.

SEC. 6. SPED Centers. — SPED centers shall be established in all public schools.
These SPED centers shall be administered by the principal of the school, 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 CSN to be integrated/included in regular schools;
(b) Conduct school-based training of CSN;

(c) Produce appropriate teaching materials for CSN; and

(d) Conduct assessment of CSN.


It shall also be the responsibility of the SPED centers to assist, facilitate and
monitor the transfer/admission of qualified children with disabilities to post-secondary
or tertiary education institutions.

Each SPED center shall have specialized teachers who can handle children
and youth with special needs who may include, but shall not be limited to, those with
visual impairment, hearing impairment, autism, learning disabilities, behavioral
problems, multiple disabilities, mental retardation/handicap and mental giftedness.

Regular teachers currently handling special education of CSN shall
henceforth be classified as SPED teachers,

There shall be an assistant principal for each SPED center who shall
administer and supervise the alternative educational programs; early intervention
programs; monitoring, supervision and provision of technical assistance, training and
enhancement programs to SPED personnel; referral and placement procedures; and
oversee the other components of the special education program. The assistant
principal shall also be responsible for the formation and supervision of the placement
committee as well as in the resolution of disagreements on placement and services.

SEC. 7. Other Personnel of SPED Centers. — to ensure the effective implementation
of this Act, the DepEd may hire additional necessary personnel to operate,
administer and oversee the SPED center.

SEC. 8. 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 is hereby authorized to give grants to or enter into cooperative
arrangements or contracts with public or private nonprofit agencies, institutions or
organizations for the establishment or creation of SPED centers for CSN or for
programs such as the following

(a) Technical assistance to SPED centers;

(b) Training of professionals or related services personnel who are preparing
to serve or are serving CSN;

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

(d) Facilitation of parental involvement in the education of their CSN;

(e) Diagnosis and educational evaluation of CSN;

(f) Consultative, counseling and training services for the families of CSN; or

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

SEC. 9. Continuing Research to Identify Needs of CSN.~ The DepEd by itself or in
association with organizations or institutions shall undertake continuing research to


identify and design programs that shall meet the full range of needs of the CSN:
Provided, That such continuing research shall also be used to develop instructional
techniques for use by the SPED centers towards improving CSN acquisition of skills
necessary for their transition to independent living, vocational training or competitive
development: Provided, further, That such continuing research shall further be used
to design physical education and therapeutic recreation program for use by the
centers to increase the potential of CSN for community participation.

SEC. 10. Student Assistance. - The DepEd shall provide financial assistance to
economically marginalized but deserving students with special needs at the
elementary and secondary levels which may come in the form of scholarship grants;
allowances for transportation, food, lodging and books; student loan programs;
artistic and cultural tours; training programs; subsidies; and other incentives.

Special equipment like wheelchair, crutches, special toilet and hygiene
requirements, hearing aids, eyeglasses and such other assistive devices required by
the students to optimize education and participation in the educational process shall
also be provided for free or at discounted rates to deserving students and at very
affordable rates in general through a reasonable funding scheme that shall be
designed by the DepEd.

SEC. 11. Medical Assistance The DepEd 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 the medical service is not offered by the nearest or
accessible government health facility or cannot be obtained by reason of critical
immediacy, or needs a more specialized or advanced treatment, CSN shall be
entitled to twenty percent (20%) discount from the services of any private hospital or
clinic: Provided, That these private hospitals and clinics may claim the cost as tax
credit.

SEC. 12. Nutritional Programs. The nutritional programs for CSN shall be
supervised by the National Nutrition Council (NNC) and the Department of Health
(DOH), in coordination with the LGU health officer.

SEC. 13. Establishment of Specialized Day Care Centers. ~ Daycare centers
specially designed for preschool children and their parents, where early identification
of disabilities and special needs, and introductory educational and intervention
programs will be administered of the Department of Social Welfare and Development
(DSWD) and the LGU in the area. As far as practicable, the use of existing day care
centers and facilities shall be maximized.


SEC. 14. Recreational and Artistic Opportunities. - The DepEd shall institute a
program for CSN that will afford them full opportunities for safe and wholesome
recreation and activities, individual as well as social, for optimal use of their leisure
hours and for the advancement of their physical, mental, social and cultural
development.

SEC. 15. Remuneration and Benefits.- The SPED teachers and personnel shall be
assigned a salary grade that is three (3) salary grades higher than that of a regular
teacher and personnel, respectively.

The DepEd 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.

The DepEd shall identify at least one (1) leading institution or university in
Luzon, Visayas and Mindanao whose faculty is considered or regarded as highly
competent in the area of special education and where a uniform or standardized
curriculum for any postgraduate education program shall be designed to benefit
SPED teachers and other personnel of SPED centers. The manner of selection of
such institution shall be provided under the implementing rules and regulations of
this Act

SEC. 16.Parent, Sibling and Caregiver Education. - There shall be a formal training
and counseling program for parents, siblings and caregivers of CSN for them to
acquire a working knowledge of special education, gain an understanding of the
psychology of CSN and be aware of their crucial role as educators so that they
maximize their knowledge and skills for optimum development of the potentials of the
child.

SEC. 17. Special Instructional Materials. - Publishers shall grant the DepEd the
authority to transcribe adopted instructional materials into Braille, large type and
audio-tape without penalty or payment of royalty. Furthermore, on or before the
second (2nd) 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 upon request to a
school division 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 district and are to be returned when no longer needed.

SEC. 18. Incentives to Private Sector Participation. — Partnership between the
government and private institutions catering to the needs of CSN shall be
encouraged. All profits and income generated by the SPED center derived from its
fundamental function as an educational institution shall be exempt from income tax.
Any donation, contribution, bequest and grant which may be made to the center shall
be exempt from donor's tax and the same shall be considered as allowable
deduction from the gross income in the computation of the income tax of the donor in
accordance with the provisions of the National Internal Revenue Code of 1997, as
amended; Provided, That

such donations shall not be disposed of, transferred or sold. Economic, technical and
cultural books and/or publications shall be imported duty-free upon certification by
the DepEd that such imported books and/or publications are for economic, technical,
vocational, scientific, philosophical, historical or cultural purposes, in accordance
with the provisions of the Tariff and Customs Code, as amended.

SEC. 19. Local Government Unit Participation— The LGUs shall be responsible for
the following:

(a) Provision of buildings or centers which are CSN-friendly and-sites where
there are no existing school facilities that may be used for the special
education of CSN, as well as the establishment of day care pursuant to
Section 14 hereof;

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 for
SPED programs and equipment, among others; and

Provision of counterpart funds for the training and seminars of parents and
teachers, and nutritional programs for the CSN in their respective localities to
be determined by the DepEd, in coordination with the Department of Budget
and Management (DBM) and the Department of Finance (DOF)

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SEC. 20. Public Information, Education and Communication. A nationwide
information dissemination campaign on the prevention, early identification and
intervention programs for CSN shall be intensified. This shall be the joint
responsibility of the Philippine Information Agency (PIA), the Council for the Welfare
of Children (CWC) and the DepEd. The DepEd, in collaboration with the DOH and
the Department of Labor and Employment (DOLE), shall also disseminate materials
and information concerning effective practices in working with, training and educating
CSN.


SEC. 21. Appropriations. — The Secretary of the DepEd shall immediately include in
the Department's programs the implementation of this Act, the funding of which shall
be included in the annual General Appropriations Act.

SEC. 22. Implementing Rules and Regulations. - The DepEd, in coordination with
the DSWD, the Department of the Interior and Local Government (DILG), the DOH,
the DOF, the Bureau of Internal Revenue (BIR), the CWC and the National Council
on Disability Affairs (NCDA), shall promulgate and issue the necessary guidelines for
the creation and operation of SPED centers within sixty (60) days after the effectivity
of this Act.

SEC. 23. Separability Clause. — If, for any reason, any provision or part hereof is
declared invalid, the other provisions not affected thereby shall remain in full force
and effect.

SEC. 24. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby

repealed or modified accordingly,

SEC. 25. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation.

Approved,