Republic of the Philippines
HOUSE OF REPRESENTATIVES * RECEIVED
Quezon City eral Nov 2013 2013

SIXTEENTH CONGRESS
First Regular Session

HOUSEBILLNo._ 8398

Introduced by Representative Alfredo D. Vargas III

EXPLANATORY NOTE

Children have a right to education regardless of any difficulties or differences
they may have. This right is granted not only by the Philippine Constitution but also by
the Magna Carta of Persons with Disabilities', and the United Nations Convention on the
Rights of Persons with Disabilities (UNCRPD)?, ratified in the country in 2008. But
according to the Department of Education (DepEd), only 2 percent of the 5.49 million
children with special needs (CSN) are getting government assistance* and 97 percent of
aged 7 to 12 years old are not in school*. There are some parents who tend to keep their
CSN out of school because of the fear that their children may be subjected to bullying
and discrimination. In addition, drop-out rates among CSN are relatively high because
special education (SPED) is often too expensive for an average Filipino family’. As a
result, most parents of CSN find it difficult to send their child to school.

This bill, patterned after the 15% Congress’ House Bill No. 6547, primarily seeks
to make special education more accessible to CSN, and facilitate their inclusion and
integration with mainstream education. These objectives shall be achieved, first,
through the creation of a Bureau of Special Education under the DepEd. This Bureau
shall be responsible for the formulation of an appropriate curriculum and
developmentally-suited programs to achieve functional literacy for all CSN.

This proposed legislation also mandates the establishment of SPED centers in all
regular schools - at least one (1) SPED center for each school division and at least three
SPED centers in big school division. These SPED centers shall provide for the effective
implementation of inclusive education. CSN taught in an inclusive environment will
believably achieve better academic results, learn to overcome the challenges of their

* Sections 12-17 of RA 7277

* article 24 of UNCRPD.

* Jess Diaz. (2012) Angara wants schools for special children. The Philippine Star. [Online] Available from:
http://www. philstar.com/headiines/2012/10/29/861349/angara-wants-schools-special-children {Accessed 21
September 2013)

“ABS-CBN News. (2010) DepEd to Congress: Pass Special Education Act. [Online] Available from: http://abs-
cbnnews.com/lifestyle/06/03/10/DepEd-congress-pass-special-education-act [Accessed 21 September 2013}
‘Leonard Cheshire Disability Philippine Foundation. Inclusive Education. [Online] Available from:
http://ledphilippinesfoundation.org/wp-content/uploads/brochuresfiebrochure.pdf [Accessed 21 September
2013)



disability, become more confident of their abilities, and be able to make strong
relationships within their peers. Inclusive education also benefits able-bodied children
as they become more aware and sensitive to the needs of CSN, thus instilling in them the
values of acceptance, fairness and equality.

This bill also recognizes the role that the family plays in the development of the
aptitude of CSN. Thus, the bill offers formal training and counselling program for
parents, siblings and caregivers of CSN. To ease their financial ordeals, the bill also
allows the DepEd to prepare schemes for financial and medical assistance to indigent
CSN.

Lastly, the bill provides incentives to private institutions that team up with the
government in advancing the education and rehabilitation of CSN.

To help CSN nurture and reach their full potential, ensure their participation in

society, and empower them to contribute to the development of the nation, the passage
of this bill is earnestly sought.

ALEREDO’D. VARGAS III


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3398

Introduced by Representative Alfredo D. Vargas III

AN ACT

ENSURING ACCESSIBLE AND RESPONSIVE BASIC EDUCATION FOR CHILDREN WITH
SPECIAL NEEDS (CSN) THROUGH THE CREATION OF A BUREAU OF SPECIAL
EDUCATION, THE MANDATORY ESTABLISHMENT OF SPECIAL EDUCATION
CENTERS IN REGULAR SCHOOLS, THE PROVISION OF GOVERNMENT FINANCIAL
ASSISTANCE AND SUPPORT TO CSN, THE GRANT OF INCENTIVES TO OTHER
INSTITUTIONS PROVIDING ASSISTANCE TO THE CSN SECTOR, AND FOR OTHER
PURPOSES

Be it enacted by 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
2013.”

SECTION2. Declaration of Policy. - It is hereby declared the policy of the State to
protect and to 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 the welfare and
development of CSN, ensure their full integration in society, as well as facilitate their
active participation in the affairs of the state. Towards this end, 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 quality education that best meets their needs.

SECTION 3. Objectives. - The objectives of this Act are:

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


(b) To effectively implement inclusive education and facilitate integration of CSN
with mainstream education;

(0) To ensure that CSN fully develop their abilities towards self-sufficiency and
become effective partners in nation-building;

(d) To identify gifted and talented children from ages three (3) to eighteen (18);

(e) To provide the parents with information on full continuum of SPED service
and possible placement option for their children, thus enabling them to make
informed choices and decisions;

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

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

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

SECTION 4. Definition of Terms. - For the 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 recorded 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
impairment or a disability that limits or prevents the function or activity that
is considered normal given the age and gender of the individual.

(a) Person with disabilities (PWD) refers 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.

(ec) Marginalized/disadvantaged persons with disabilities refer to disabled
person who lack access to rehabilitative services and educational
opportunities due to poverty, abandonment illness and other forms of


neglect. For the 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 National Statistical Coordination Board (NSCB).

(0 Children with special needs (CSN) refer to those who are gifted or are fast
learner; 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 characteristic 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 the following areas: general intellectual ability,
specific academic aptitude, creative or productive thinking ability ,
leadership ability, ability in 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 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 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 works;

(3) 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 retain
relatively low degree of vision and can read only enlarge print or regular
print under special conditions;

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

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


(6) Children with orthopaedic/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 illness such as cardiac (heart) diseases, asthma
diabetes, tuberculosis and other respiratory ailments, carcenonza,
epilepsy , malnutrition and others;

(8) 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 conditions such as perceptual handicap, brain injury, minimal
brain dysfunction, dyslexia or 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 occur before thirty (30) months of age and 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 overtime;
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.

(g) Auxiliary aids and services refer to services that are basically non-
educational 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 impairment;

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

(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 of
any other medium or any apparatus that conveys information to a student or
otherwise contributes to his 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 nongovernmental organization in
the delivery of educational and rehabilitative services for students and CSN

(i) Basic education refers to kindergarten, at least six (6) years of elementary
education, at least four (4) years of Junior High School and at least two (2)
years of Senior High School.

(Kk) Inclusive Education refers to the act of providing all students, including
those with significant disabilities, equitable opportunities to receive effective
educational services, with the needed supplementary aids and support
services, in age appropriate classrooms in their neighborhood schools, in
order to prepare students for productive lives as full members of society.

() Special education (SPED) 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 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.

(m) Regular school refers to elementary/secondary school, public or private,
providing instruction and education services that does not focus primarily on
special education, vocational /technical education, or alternative education.

(n) 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.

SECTION 5. Coverage. - This Act shall cover all students and CSN nationwide.

SECTION 6. Creation of the Bureau of Special Education. - For the objectives of this
Act to be realized, the Bureau of Special Education (BSPED), hereinafter referred to as
the Bureau, is hereby created to institutionalize and govern the conduct of special
education in the Philippines. The Bureau shall be responsible for the formulation and
administration of an appropriate curriculum and developmentally-suited programs to
achieve functional literacy of CSN and ensure their integration to society. The full
continuum of educational services shall also be made available by the Bureau to CSN
below school age through regular home visits, consultations, day care activities, and any
other medium and program.

The Bureau shall function as a regular bureau of the Department of Education,
under the supervision of the Department Secretary and to be headed by a Bureau
Director (Director IV) and an Assistant Bureau Director (Director III).


The BSPED shall consist of three (4) divisions namely, (a) the Gifted Children
Division; (b) the Children with Disabilities Division (CDD), (c) the Special Services and
Auxiliary Aids Division (SSAAD), and (d) Children With Special Needs Assessment
Division. Each division shall be headed by a Division Chief with the staffing needs to be
equitably distributed in accordance with the current needs and concerns of his
respective division. The Division Chief shall assist the Director of the Special Education
program.

SECTION 7. SPED Centers in Regular Schools ~ At least one (1) 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. The
designated principal of the regular school shall administer the SPED centers.

The SPED center shall function as the resource center for the implementation of
inclusive education that will accept all kinds of children on regular school. It shall:

(a) Support CSN to be integrated /included in regular school;
(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 SPED centers to assist, facilitate and monitor
the transfer/admission of qualified CSN to post-secondary or tertiary education
institutions.

SECTION 8. SPED Center Personnel. - Each SPED center shall be headed by an assistant
principal. He/She shall:

(a) Administer and supervise the programs on alternative education and early
intervention;

(b) Monitor, supervise and provide technical assistance, training and
enhancement program to SPED personnel;

(c) Manage the referral and placement procedures, and;

(@) Oversee the other components of the SPED 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 of
placement and services.

There shall also be at least one specialized teacher for each SPED center who can
handle CSN 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.

A regular teacher currently handling special education of CSN shall henceforth be
classified as SPED teacher.


SECTION 9. Placement Committee. - The administrative core placement committee of
the SPED centers 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.

The placement committee shall ensure that CSN are properly diagnosed,
assessed when admitting students to determine whether they are eligible for SPED
services. They shall design an appropriate educational program for the students to
optimize their functional literacy. The placement committee shall also evaluate the
student in the end of the school year to determine the possibility of integration to
mainstream education.

They shall be jointly tasked to develop and maintain a data bank in special
education in their respective jurisdictions, and prepare and submit an annual report to
the regional offices of the DepEd who shall, in turn, submit regional reports to the
Bureau. The placement committee shall, in consultation with and active participation of
parents among others, ensure that student 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 school or travel the shortest distance to avail educational
services.

SECTION 10. Itinerant SPED Teachers. ~ An itinerant SPED teacher shall also be
appointed whenever necessary. He/She shall assist isolated or remote schools with
specialize equipment, individual programs curriculum adjustment, teaching aids and
building modifications.

SECTION 11. Hospital SPED Teachers. - SPED centers shall also designate a hospital
SPED teacher should the necessity arise. He/She shall provide hospital instruction,
bedside tutoring and group instructions for CSN confined in medical facilities. Such
services are recommended for CSN with severe medical conditions that prevent them
from attending school.

SECTION 12. Authority of the Secretary of Education to Give Grants to or Enter into
Cooperative Arrangement for the Creation of SPED Center. - The Secretary of
Education is hereby authorized to give grants to or enter into cooperative arrangement
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;

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

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


(e) Diagnosis and educational evaluation of CSN;

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

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

SECTION 13.Continuing Research to Identify Needs of CSN. - The Bureau, by itself or in
association with such organizations or institutions as determined by the DepEd
Secretary to be appropriate, shall undertake continuing research to identify and design
programs that shall meet the full range of needs of CSN: Provided, that such continuing
research shall also be utilized to develop instructional techniques for use by the SPED
centers that will improve the CSN’s acquisition of skills necessary for transition to
independent living, vocational training or competitive development; Provided further,
that such continuing research shall be used to design physical education and
therapeutic program for use by the centers to increase the potential of CSN for
community participation.

SECTION 14. Student Assistance. - The Bureau shall provide financial assistance to
economically marginalized students with special needs at the elementary and
secondary levels which may come in the form of scholarship grants; allowances for
transportation, food, board and lodging, and books; student loan programs; artistic and
cultural tours; training 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 wheelchairs, crutches, special toilet and hygiene
requirements, hearing aids, eye glasses and such other assistive devices required by the
student to optimize education and participation in the educational process shall also be
provided for free or at discounted and affordable rates in general through a reasonable
funding scheme that shall be designed by the DepEd.

SECTION 15. 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 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 services 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 advanced treatment, CSN shall be entitled to twenty
percent (20%) discount from services of any private hospital or clinic: Provided, that
these private hospitals and clinics may claim the cost as tax credit.

SECTION 16. 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 officers.

SECTION 17. Establishment of Specialized Day Care Centers. - Day care centers
especially designed for preschool children and their parents where early identification
of disabilities and special needs, and introductory educational and intervention
program 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 LGU in the area. As far as
practicable, the use of existing day care centers and facilities shall be maximized.

SECTION 18. Recreational and Artistic Opportunities. - The Bureau shall institute a
program for CSN that will afford them full opportunities for safe and wholesome
recreation and activities, individual as well as group, for optimal use of their leisure
hours and for the advancement of their physical, mental, social and cultural
development.

SECTION 19. Remuneration and Benefits. - The SPED teachers and school
administrators managing SPED centers and special schools shall be appointed to a
similar position that is at least one (1) salary grade higher than that of a regular teacher
and school administrator, respectively.

The DepEd shall enhance the right of the teachers/instructor 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 allowance and other means of securing job satisfaction and
fulfilment as well as their long stable tenure in their respective posts. A similar program
shall be designed for support personnel like interpreters, psychologist, social worker
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
institutions shall be provided under the implementing rules and regulations of this Act.

SECTION 20. Parents, Sibling and Caregiver Education. - There shall be formal
training and counselling program for parents, siblings and caregivers of CSN for them to
acquire a working knowledge on special education, gain an understanding of the
psychology of CSN and be aware of their crucial role as educators so that they can
maximize their knowledge and skills for optimum development of the potentials of the
child.

SECTION 21. Special Instructional Materials. - Publishers shall grant the DepEd
through the SSAAD 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 (22) 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.


SECTION 22. Incentives to Private Sector Participation. - Partnership between the
government and private institution 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, and grants 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
provision of the tariff and customs code, as amended.

SECTION 23. Local Government Unit Participation. - The LGUs shall be responsible
for the following:

(a) Provision of building or centers which are CSN-friendly and sites where
there are no existing school facilities that may used for the special education
of CSN, as well as the establishment of day care pursuant to section 15 hereof;

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

(c) Identification, coordination and the tapping of public or private volunteer
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

(d) Provision of counterpart funds for 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).

SECTION 24. 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 Early Childhood Care and Development
(ECCD) Council and 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.

SECTION 25. Appropriations. - The Secretary of the Education 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.

SECTION 26. Implementing Rules and Regulations. - The Secretary of Education, in
coordination with the Secretaries of the DBM, the DSWD, the Department of Interior and
Local Government (DILG), the DOH, the DOF and the heads of the Bureau of Internal


Revenue (BIR), the ECCD Council 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.

SECTION 27. Separability Clause. - If, for any reason, any provision or part of hereof is
declared invalid, the other provisions not affected thereby shall remain in full force and
effect.

SECTION 28. Repealing Clause. - All laws decrees, executive orders, rules and
regulations contrary to or inconsistent with the provision of this Act are hereby
repealed or modified accordingly.

SECTION 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in two (2) newspapers of general circulation.

Approved,