Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

* RE CEIVED ©

SIXTEENTH CONGRESS f,? ue JUL 2013

First Regular Session

House Bill No. 50

‘Introduced by HON. LINABELLE RUTH R. VILLA\
4TH DISTRICT, BULACAN

EXPLANATORY NOTE

Specialized educational services must be made available by the State to those who require
differentiated techniques and facilities for learning.

Presently, however, an educational program for children with special needs has yet to be
institutionalized and supported by the State. Once established, this will benefit all children regardless
of the degree of sensory, physical or intellectual disability or need. Each will have an opportunity to be
educated in a manner consistent with the provision of quality education. This will also provide them
support for their welfare and development to ensure their full integration to society and facilitate their
active participation in national development goals

During the 15% Congress this bill was filed and approved on 3rd Reading by the House Plenary
and was transmitted to the Senate for its consideration. Due to time constraints, however, no further
action was taken on it. This bill is filed for the consideration of the 16% Congress.

Support for the enactment of this measure is earnestly requested

REP. LINABELLE RUTH R. VILLARICA.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

5
House Bill No. 50

Introduced by HON. LINABELLE RUTHR. VILLARICA
4TH DISTRICT, BULACAN

AN ACT ESTABLISHING AT LEAST ONE (1) SPECIAL EDUCATION CENTER FOR EACH
SCHOOL DIVISION AND AT LEAST THREE (3) SPED CENTERS IN BIG SCHOOL
DIVISIONS FOR CHILDREN WITH SPECIAL NEEDS (CSN), PROVIDING GUIDELINES
THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “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
society and endeavors to include their needs as 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 the /987
Constitution (Section 13, Article II; Section 13, Article XIII, and Sections 1 and 2, paragraphs 1 and
3 of Presidential Decree No. 603 (The Child and Youth Welfare Code), Sections 12 to 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 of
the provision of vital support mechanisms for such. Thus, all CSN, in any degree of sensory,
physically or intellectual disability or needs, will 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 are:

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

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

(c) To facilitate integration of 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);

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

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

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

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

(j) 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, these terms are defined as follows
(a) Disability shall refer to any of the following

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 and impairment; or
3) being regarded as having such an impairment

(b) /mpairment refers to any loss, diminution or aberration or psychological, physiological
or anatomical structure or function;

(c) 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;

(4) Persons with disabilities (PWD) refer to those suffering from restrictions 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 persons with disabilities refer to disabled persons who lack
access to rehabilitate 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 have no
means of livelihood or have incomes below poverty threshold as determined by the National
Statistical Coordinating Board (NSCB).

v


(® Children with special needs (CSN) refer to those who are the gifted or are fast learners;
and those who are disabled, impaired and handicapped and in need of special education as well as
services for rehabilitation. They differ from the average children in mental characteristics, sensory
abilities, neuro-muscular or physical characteristics, 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 or more of the
following areas: general intellectual ability, specific academic aptitude, creative or
productive thinking ability, leadership ability, ability in the 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;

2. 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 the related limitations in two 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;

3. Children with visual impairment are those who are blind or having a low vision
Persons are blind if they has a visual capacity of 20/200 or less in a better eye after
maximum correction. The low vision persons retain a 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 of hard-of-hearing, ‘The
deaf persons are one whose hearing are non-functional for ordinary purpose in life. The
hard-of-hearing have a defective sense of hearing that is functional without a hearing aid;

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

6. Children with orthopedic/physical handicap are those whose impairment
permanently or temporarily interferes with the normal functions of the joints, muscles or
limbs;

7. 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;

8. Children 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;


9. 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 30 months of age 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.

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

(g) Auxilliary aids and services refer to services that are basically non-educationa, but
enhance the the educational process of the child with special needs

These include
1. Therapy

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

3. Qualified Reading, tape tests 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;

(h) Special instructional materials refer to textbook in Braille, large type or any other
medium or any apparatus that conveys information to student or otherwise contributes to the
learning process;

(i) Private sector participation refers to all forms of indispensable, substantial and
meaningful participation of private individuals, partnership, groups or entities, community-based
organizations or non-governmental organizations in the delivery of educational and rehabilitative
services for students and CSN;

(j) 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 the disabled children and the gifted children. This is a systematic and deliberate process that
enables CSN to achieve functional literacy and highest level of their individual potential and
capacity. It is also defined as the 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; and



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

SEC. 5. Coverage. - This Act shall cover all students and children with special needs (CSN)
nationwide.

SEC. 6. SPED Centers in Regular Schools. - At least one (1) SPED center of 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 a 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;

¢. produce appropriate teaching materials for C
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 educational
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, leaming 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 placement committee as well as the resolution of disagreements on placement and
services

SEC. 7. Other personnel of SPED Centers. - The administrative core and placement
committee of the SPED unit shall consist of:

a. One (1) educational psychologist or psychometrician;
b. One (1) physical therapist;

c, One (1) occupational therapist;


d. One (1) speech and language therapist/speech correction teacher; and
e. One (1) education supervisor.

They shall also be jointly tasked to develop and maintain a data bank in special education in
their respective jurisdictions. The placement committee shall, in consultation with and active
participation of parents 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 to avail of educational services

SEC. 8. Itenerant SPED Teachers. - Itenerant SPED teachers shall also be appointed
whenever necessary. They shall assist isolated or remote schools with specialized equipment,
individual programs, curriculum adjustment, teaching aids and building modifications.

SEC. 9. 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 arrangement or contracts with public or private non-profit
agencies, institutions or organization for the establishment or creation of SPED Centers for CSN or
for programs such as the followi

(a) Technical assistance of SPED Centers;

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

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

(4) Facilitation of parental involvement in the education of their CSN;
(e) Diagnosis and educational evaluation of CSN;
(8 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. 10. Continuing Research to Identify Needs of CSN. - The DepEd by itself or in
association with such 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 the CSN acquisition of skills necessary for 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. 11. 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,


books; student loan programs; artistic and cultural tours; training and programs; subsidies; and other
incentives. Marginalized or disadvantaged persons with disabilities and those coming from
indigenous communities shall be the priority in the grant of the aforesaid assistance

Special equipment like wheelchairs, 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 at discounted
rates to deserving students and at very affordable rates in general through a reasonable funding
scheme that shall be designated by the DepEd.

SEC. 12, 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's 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 are 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 advance treatment, CSN shall be entitled to
twenty percent (20%) discount from the services of any private hospital or clinics, Provided, That
these private hospitals and clinics may claim the cost of as tax credit

SEC. 13. Nutritional Programs. - The nutritional programs of CSN shall be supervised by
the National Nutrition Council (NNC) and the Department of Health in coordination with the local
government unit health officer.

SEC. 14. Establishment of Specialized Day Care Centers. - Day Care Centers especially
designed for pre-school children and their parents, where early identification of disabilities and
special needs and introductory and educational intervention programs will be administered, shall
also be established near or within existing SPED Centers or those that will be created by the DepEd
with the support of the Department of Social Welfare and Development (DSWD) and the local
government units (LGUs) in the area. As far as practicable, the use of the existing day care centers
and facilities shall be maximized.

SEC. 15. Recreational and Artistic Opportunities. - The DepEd shall institute a program for
CSN that will afford them full opportunities for the 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. 16. Remuneration and Benefits. - The SPED teachers and school administrators
managing SPED centers and special schools shall be assigned a salary grade that is three (3) salary
grades higher than that of a regular teacher and school administrator, respectively.

DepEd shall enhance the right 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 allowances 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,
psychologists, social workers and others involved in the education and rehabilitation of the child

SEC. 17. Parent, Sibling and Caregiver Education. - There shall be a formal training and
counseling program for parents, sibling and caregivers of CSN for them to acquire a working
knowledge of special education, gain an understanding of the psychology of CSN, be aware of their


crucial role as educators so that they maximize their knowledge and skills for optimum
development of the potential of the child.

SEC. 18. Special Instructional Materials. - Publishers shall grant to the DepEd the authority
to transcribe adopted instructional materials to 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 upon request to a schoo! 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
districts and are to be returned to when no longer needed.

SEC. 19. 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 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. 20. Local Government Unit Participation. - The LGUs shall be responsible for the
following:

(@) Provision of building or centers which are CSN-friendly and sites where there are no
existing school facilities that may be used the special education of the CSN as well as the
establishment of day care centers pursuant to Section 15 hereof:

() Organization of one (1) parent-teacher association for CSN in every school offering
special education in their respective jurisdictions;

(c) 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) 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).

SEC. 21. Public Information, Education and Communication. - A nationwide information
dissemination campaign on prevention, early identification and intervention programs for CSN 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), Department of Labor and
Employment (DOLE), shall also disseminate materials and information concerning effective



practices in working with, training and education of CSN

SEC. 22. 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
annul General Appropriations Act

SEC, 23. Implementing Rules and Regulations. - The DepEd, in coordination with the
DSWD, DILG, DOH, DOF, BIR, CWD and the National Council on Disability Affairs (NCDA),
shall promulgate and issue the necessary guidelines for the creation and operation of the SPED
Centers within sixty (60) days after the effectivity of this Act

SEC. 24. 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. 25. 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. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation

Approved,