EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
S. No. 4 3 4
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'19 JIJL 15 A 9:43
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In tro d u ce d  by SENATOR RAMON BONG REVILLA, JR.
AN ACT
ESTABLISHING AT LEAST ONE (1 ) SPECIAL EDUCATION (SPED) CENTER 
FOR EACH SCHOOL D IV IS IO N  AND AT LEAST THREE (3 ) SPED CENTERS IN  
BIG SCHOOL D IVISIO N S FOR CHILDREN W ITH SPECIAL NEEDS (CSN) 
PROVIDING GUIDELINES THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The lack of special education facilities in the country is evident. A lot of our 
nation's children with special needs have yet to experience a formal education, some 
haven't even been to a facility that caters to their particular exigency, especially 
those from far-flung areas across the country or those who live below the poverty 
line. Even if there are facilities within their area, more often than not, these are 
private institutions who offer their services at a very high price making it out of 
reach.
The Constitution recognizes the predicament these families are in, which is 
why it is time for the State to put up special education facilities across multiple 
school divisions all over the nation to give these children access to the type of 
education they need. It is up to the State to make special education reachable, no 
matter what.
As a nation, we have a responsibility to ensure that every child has the 
opportunity to receive the type of education they need. As a State, it is our duty to 
ensure that no child gets left behind.
RAMO^BONG REVILLA, JR.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S E N A T E
' u a lf
-r’ ftnrp
'» 15 A9 ‘43
In trod uced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
ESTABLISHING AT LEAST ONE (1) SPECIAL EDUCATION (SPED) 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 o f Representatives o f the Philippines in 
Congress assembled:
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Section. 1. Tide. -T his Act shall be known and cited as the "Special Education
2 
(SPED) Act of 2019".
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Sec. 2. Declaration o f Policy. -  It is hereby declared the policy of the State to
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protect and promote the rights of children with special needs (CSN) to quality
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education and to take appropriate steps to make such education accessible to therm.
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The State recognizes their vital role in society and endeavors to include their needs
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as integral part of national development strategies.
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It is also the policy of the state to give full support for their welfare and
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development, ensure their full integration in society, as well as facilitate their active
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participation in the affairs of the State. Towards this end and also pursuant to the
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mandate stated in the 1987 Constitution (Section 13, Article II; Section 13, Article
13 
XIII; and Sections 1 and 2, paragraphs 1 and 3, Article XIV), Article 3 of Presidential
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Decree No. 603 (The Child and Youth Welfare Code) and Sections 12, 13 and 14 of
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Republic Act No. 7277 (Magna Carta for the Disabled), the State shall institutionalize
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an adequate and relevant educational program for every CSN through the
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establishment of SPED centers and the provision of vital support mechanisms for


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such. Thus, all CSN, in any degree of sensory, physical or intellectual disability or
2 
needs, shall have the opportunity to be developed in the most enhancing
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environment consistent with the provision of a quality education that best meets
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their needs.
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Sec. 3. Objectives. -T h e  objectives of the SPED Act of 2019:
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(a) To provide CSN access to basic education through the formal
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system and other alternative delivery services in education;
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(b)To facilitate integration of CSN with mainstream education;
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(c)T o ensure that CSN fully develop their potentials towards self-
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sufficiency and become more effective partners in the affairs of the
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country;
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(d)To ensure that CSN understand, appreciate and respect differences
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among groups and members in society and also to understand the
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nature of society which they live;
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(e)To identify gifted and talented children from ages three (3) to
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sixteen (16);
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(f) To provide the parents with information on the full continuum of
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SPED services and possible placement options for their children,
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thus =enable them to make informed choice and decisions;
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(9) To enhance the role of parents, teachers and other caregivers as
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primary educators of the children 
by equipping them 
with
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capabilities to identify, 
prevent, 
refer or intervene with the
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developmental disorders and disabilities o f children;
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(h)To involve private groups, local government units (LGUs) and
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national agencies other than the Department of Education (DepED)
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in the education of CSN;
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(i) To create significant and positive changes in community attitudes
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towards disability and the need to provide special education and
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proper care for CSN.
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Sec. 4. Definition o f 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 an impairment.
{h) 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 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 mental, physical, 
sensory or neurological impairment, to perform an activity in the 
manner or within the range considered normal for a human being.
(e) Marginaiized/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


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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;
(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 work;
(3) Children with visual impairment are. those who are blind or have 
low vision. Persons are blind if they have a 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 enlarged 
print or regular print under special 
conditions;


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(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 considered functional 
only with a hearing aid;
(5) Children with beha vior problems a re 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;
(6) Children with orthopedic/physica! handicap are those whose 
impairment permanently or temporarily interfere with the 
normal functions of the joints, muscles or limbs;
(7) Children with special health problems dixe 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, epilepsy, malnutrition and others;
(8) Children with learning abilities 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;
(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;


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{IQ) Children with Autism are those with developmental disabilities, 
the onset 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.
(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 semces 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.
(i) Private sector participation refers to all forms of indispensable, 
substantial and meaningful participation of private individuals, 
partnerships, groups or entities, community-based organizations or


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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 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.
(l) 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. -T his Act shall cover all students and CSN nationwide.
Sec. 6. 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. These 
SPED centers shall be administered by the principal of the regular 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.


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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 supen/ise 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 o f 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


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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. Itinerant SPED Teaches. -  Itinerant 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 o f the Secretary o f Education to Give Grants to or Enter into 
Cooperative Arrangements for the Creation o f 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 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. 10. Continuing Research to Identify Needs o f CSN. -T h e  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


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research shall further be used to design physical education and therapeutic 
recreation programs for use by the centers to increase the potential of CSN for 
community participation.
Sec. 11. Student Assistance. -T h e  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. 
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 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. 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 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 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. 13. 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.
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Sec. 14. Establishment o f Specialized Day Care Centers. -  Day care 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, shall also be established near or within the 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.
Sec. 15. Recreational and Artistic Opportunities. -T h e  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. 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.
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 or 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 or 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 post graduate education program shall be designed to benefit 
SPED teachers and other personnel of SPED centers. The manner of selection of
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such institution shall be provided under the implementing rules and regulations of 
this Act.
Sec. 17. 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. 18. 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 who is blind or visually impaired or the teacher. The materials are 
to be loaned to the public school district and are to be returned 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 education 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
12


1 
sold. Economic, technical and cultural books and/or publications shall be imported
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duty-free upon certification by 
the DepED that such imported books and/or
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publications are for economic, 
technical, vocational, scientific, philosophical,
4 
historical or cultural purposes, in accordance with the provisions of the Tariff and
5 
Customs Code, as amended.
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Sec. 20. Local Government Unit Participation. -T h e  LCDs shall be responsible
7 
for the following:
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(a) Provision of buildings or centers which are CSN-friendly and sites where
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there are no existing school facilities that may be used for special
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education of CS, as well as the establishment of day care facilities
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pursuant to Section 14 hereof;
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(b) Organization of one (1) parent-teacher association for CSN in every school
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offering special education in their respective jurisdictions;
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(c) Identification, coordination and the tapping of public or private volunteers
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and private organizations, national or international, for information
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dissemination campaigns, funding 
programs and other projects to
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augment the funding of SPED 
programs and equipment, 
among others;
18 
and
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(d) Provision of counterpart funds for the training and seminars of parents
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and teachers, and nutritional programs for the CSN in their respective
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localities to be determined by the DepED, in coordination with the
22 
Department of Budget and Management 
(DBM) and the Department of
23 
Finance (DOF),
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Sec. 21. Public Information, Education and Communication. -  A nationwide
26 
information dissemination campaign on the prevention, early identification and
27 
intervention programs for CSN shall be intensified. This shall be the joint
28 
responsibility of the Philippine Information Agency (PIA), the Council for the Welfare
29 
of Children (CWC) and the Department of Education (DepED).
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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. 22. Appropriations. -T h e  Secretary of 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. 23. Implementing Ruies and Reguiations. -T h e  DepED, in coordination 
with the DSWD, the Department of 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. 24. 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. 25. 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. 26. Effectivity. -  This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation.
Approved,
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