,. 
FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
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SENATE 
S. B. No. 3226 
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INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
EXPLANATORY NOTE 
A UNICEF survey, cited by the Department of Education (DepEd), found that 13% of 
Filipino children have some disabilities in one form or another. This is slightly higher than the 
World Health Organization (WHO) estimate that ten percent (10%) of any given population shall 
have some disabilities. Given these conditions, proactive measures need to be instituted to 
cater to their educational needs. 
According to figures from DepEd, there are 155 special education centers throughout the 
189 divisions of the DepEd with 1,176 SPED teachers to address the needs of these children. 
For school year 2008 - 2009, these centers catered to only 162,858 students or just around 
three percent (3%) of the expected children with special needs. Among the many reasons for 
this situation is the limited financial resources available to DepEd. The present facilities and 
programs of the DepEdis insufficient to meet the current requirements of children with special 
meeds. Inasmuch as there is an unwavering effort to increase the budget of DepEd every year, 
exploring alternative sources of funding on top of the current effort may be a reasonable and 
practicable route. 
The Special Education Fund (SEF) which is an additional 1 % tax on 
of the Real 
Property Tax levied by local government units, may be a viable source. This bill seeks to set 
aside 10% of the SEF of every local government unit for the purpose of supporting their 
programs, as well as those of DepEd, for children with special needs. This bill further 
encourages local governrnent units the authority to allot a portion of their general fund in support 
of these programs. 
This bill is in line with the mandate of Section 1, Article XIV of the Constitution provides 
that, "[t]he 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", and Section 
1, Article XIII also provides that: "[t]he Congress shall give highest priority to the enactment of 
measures that protect and enhance the right of all people to human dignity," and "reduce ." 
inequalities "." 
All Filipino children should have an opportunity and access to free and quality education. 
There is no reason to leave any child educationally deprived especially those who are in most 
need of the support of governrnent. A proper environment must be provided those special 
children so as not to take away from them the opportunity to succeed. Thus, it is the intention of 
this bill to ensure that resources are regularly and' sustainably allocated nationwide for the 
education and well-being of children with special needs. 
In view of the foregoing, approval of this bill is earnestly sought 
Senator Alan Peter "Companero" S. Cayetano 


FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
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S. B. No. 3226 
INTRODUCED BY SENATOR ALAN PETER "COMP~~ERO" S. CAYE~AN~ 
AN ACT 
PROVIDING FOR A SUPPORT MECHANISM FOR THE PROGRAMS OF THE 
DEPARTMENT OF EDUCATION GEARED TOWARDS THE ADVANCEMENT OF THE 
INTERESTS OF CHILDREN WITH SPECIAL NEEDS, AND FOR THE PURPOSE, 
AMENDING SECTION 272 OF REPUBLIC ACT 7160 OTHERWISE KNOWN AS THE 
LOCAL GOVERNMENT CODE OF 1991 ON THE LOCAL SPECIAL EDUCATION FUND 
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 "Children with Special Needs 
Education Fund Act of 2012." 
SECTION 2. Declaration of Policy. - Pursuant to Section 1, Article XIV of the Constitution 
which provides 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", and Section 1, Article XIII which provides that: "The Congress shall give highest priority 
to the enactment of measures that protect and enhance the right of all people to human 
dignity, reduce <0. inequalities <0'''' it is hereby declared the policy of the State to ensure that 
resources are regularly and sustainably allocated nationwide for the education and well-
being of children with special needs. 
SECTION 3. Definition of Terms. - For purposes of this Act: 
a.) "Special needs child/Child with special needs" - refers to a child, aged three (3) to 
eighteen (18) years old, who is suffering from physical medical, mental, emotional or 
behavioral disorders. This can also refer to a child who has a high risk of developing a 
problem as a result of neglect or abuse, hereditary factors, early or prenatal exposure to 
drugs, or other factors. 
b.) "Special Education" - refers to the social and educational services provided by the State 
to children with special needs who are between three (3) to eighteen (18) years old. 
c.) "Academically-gifted child" - refers to the child who performs or displays potential for 
performing at a very advanced level of accomplishment when compared with other children 
of his or her age. 


SECTION 4. Coverage.- This Act shall cover all children with special needs, as defined in 
this Act. Academically-gifted children shall not be considered a special needs child for the 
purposes of this Act. 
SECTION 5. Allocation of the Special Education Fund. - To fulfill the intent of this Act to 
extend regular and sustained support for the education and well-being of children with 
special needs, ten percent (10%) of the proceeds of the Special Education Fund (SEF) 
released to the local school boards of each local government unit (LGU) pursuant to 
Sections 235 and Section 272 of RA 7160 (Local Government Code of 1991) shall be 
automatically set aside by the local school board to support programs of the Department of 
Education, done in coordination and consultation with the respective local chief executives, 
and the local school boards for special education centers and schools within the territorial 
jurisdiction of such local government unit concerned. 
SECTION 6. Matching Fund from DepEd. - The Department of Education shall allocate an 
appropriate amount from its regular budget for the regular and sustained support of the 
education and well-being of children with special needs. 
SECTION 7. Authority to Local Government Units. - Each local government unit shall 
have the authority to set aside a portion of their general fund for the purpose of augmenting 
the allocation of the Department of Education for the support of special education centers or 
schools within the territorial jurisdiction of such local government unit. 
SECTION 8. Construction.- This Act shall be liberally construed to promote the welfare and 
advancement of children with special needs. 
SECTION 9. Implementing Rules and Regulations. - Within ninety (90) days upon the 
approval of this Act, all concerned agencies shall formulate rules and regulations as may be 
necessary for the proper implementation thereof . 
. SECTION 10. Separability clause. - If any part, Section or provision of this Act is declared 
invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid. 
SECTION 11. Repealing clause. - All laws, acts, presidential decrees, executive orders, 
administrative orders, rule and regulations inconsistent with or contrary to the prOVisions of 
this Act are deemed amended, modified or repealed accordingly. 
SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days after completion of its 
publication in at least two (2) newspapers of general circulation. 
Approved,