EIGHTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
SENATE
S. No. 
1 7 1
F 
of l!)r 
l
’19 ,iUL-2 P1:10
RECEIVID S';'
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
INSTITUTING INCLUSIVE EDUCATION AND ESTABLISHING LEARNING 
RESOURCE CENTERS FOR CHILDREN AND YOUTH W ITH SPECIAL 
NEEDS IN  ALL PUBLIC SCHOOLS DIVISIONS, PROVIDING FOR 
STANDARDS AND GUIDELINES, AND APPROPRIATING FUNDS
THEREFOR
EXPLANATORY NOTE
Estimates from the Department of Education indicate that as of SY 2016- 
2017 there are approximately 303,109 Filipino children in public schools with 
special education needs. These are Filipino children who are often unable to adapt 
to regular schools. Physical (e.g. deafness, blindness, orthopedic impairment), 
cognitive (e.g. autism, intellectual handicaps), psychological (e.g. anxiety 
disorders, attention-deficit /  hyperactivity disorder), and/or communication (e.g. 
speech impairments, speech-based developmental disorders) disabilities prevent 
them from fully participating in regular schools. Moreover, the regular schools, 
whether public or private, are often incapable of providing these children with the 
care, attention, and guidance that they require for the development of their 
physical, cognitive, and social skills.


In order to provide services to as many Filipino children with special needs, 
the government needs to build upon the existing infrastructure of its national public 
school system. This could be done by establishing Inclusive Education Learning 
Resource Centers\w all public schools divisions nationwide. The SPED Centers shall 
function as a resource center that shall assist in promoting inclusive education to 
capacitate regular schools to effectively handle the needs of children and youth 
with disability. 
Each center must likewise be equipped with the facilities and 
personnel necessary to provide care and instruction to children and youth with 
special needs, specifically special education teachers and other specialists.
Presidential Decree No. 603, otherwise known as the Child and Youth 
Welfare Code, states that every child has the right to a well-rounded development 
of his personality to the end that he may become a happy, useful, and active 
member of society- a gifted child must be given the opportunity and 
encouragement to develop his talents; the emotionally disturbed or socially 
maladjusted child must be treated with sympathy and understanding and be 
entitled to treatment and competent care; and the physically or mentally 
handicapped child must be given the treatment, education, and care required by 
his particular condition. Furthermore, every child has the right to an education 
commensurate with his abilities and to the development of his skills for the 
improvement of his capacity for service to himself and to his fellowmen.
Given the current set up this would mean that, as of SY 2016-2017, there 
were around 303,000 children with special needs enrolled in public elementary and 
secondary schools who may have not been provided with the needed education 
and care. Thus, much remains to be done in addressing the gap with respect to 
the provision of special education in the country.


In view of the foregoing, support for the passage and approval of this 
legislation is earnestly sought.


;1
EIGHTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
S. No
SENATE
171
'19 
JU L -2  
P I ••11
RCCLi'-ifOLV.
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
INSTITUTING INCLUSIVE EDUCATION AND ESTABLISHING LEARNING 
RESOURCE CENTERS FOR CHILDREN AND YOUTH W ITH SPECIAL NEEDS IN  
ALL PUBLIC SCHOOLS DIVISIONS, PROVIDING FOR STANDARDS AND 
GUIDELINES, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House o f Representatives o f the Philippines 
in Congress assembled:
1 
SECTION 1. Short Title. -  This Act shall be known as the "Inclusive Education for
2 
Children and Youth with Special Needs A d”.
3 
SECTION. 2. Declaration o f Policy. -  It is hereby declared the policy of the State
4 
to protect and promote the rights of Children and Youth with Special Needs (CYSNs) to
5 
quality education and to take appropriate steps to make such education accessible to
6 
them. The State recognizes their vital role in society and endeavors to include their needs
7 
as an integral part of national development strategies.
8 
It is also the policy of the State to fully support their welfare and development,
9 
ensure their full integration in society, as well as facilitate their active participation in the
10 
affairs of the State.
11 
Towards this end, the State shall:


1 
(a) 
Institutionalize an adequate and relevant educational program for every
2 
CYSN;
3 
(b) 
Adopt the policy of inclusive education;
4 
(c) 
Establish Inclusive Education Learning Resource Centers, and
5 
(d) 
Provide vital support mechanisms required to ensure their effectiveness.
6 
All CYSNs in any degree of educational need shall therefore have the opportunity
7 
to be developed in the most enhancing environment, consistent with the provision of a
8 
quality education that best meets their needs.
9 
SECTION. 3. Objectives. -  This Act shall pursue the following:
10 
(a) 
Provide CYSNs free and appropriate public education and related services
11 
in accordance with their needs, and in preparation for adult living and community life;
12 
(b) 
Provide CYSNs access to general education curriculum through the formal
13 
systems and alternative delivery sen/ices in education;
14 
(c) 
Institute inclusive education and establish Inclusive Education Learning
15 
Resource Centers for inclusion of CYSNs in the educational mainstream;
16 
(d) 
Ensure that CYSNs fully develop their potentials toward self-sufficiency and
17 
become fully participative members of society;
18 
(e) 
Identify thru a child find system CYSNs ages three (3) to twenty-four (24)
19 
and infants and toddlers under the age of three (3) in compliance with Republic Act No.
20 
10410, otherwise known as the Early Years Act of 2013;
21 
(f) 
Develop, implement, and review the Individualized Education Plan (lEP);
22 
(g) 
Provide parents with information and opportunities to actively participate in
23 
the possible placement options and educational programs for their children and to enable
24 
them to make informed choices and decisions;
25 
(h) 
Enable and empower parents and family members by training and
26 
equipping them with capabilities to identify, prevent, refer or intervene with regard to
27 
disorders, disabilities and abilities of their children;
28 
(i) 
Train 
and 
equip 
special 
education 
teachers, 
regular 
teachers,
29 
principals/administrators, non-teaching staff of the school, and caregivers, as primary
30 
sources of care, development, education and advancement of CYSNs;


1 
(j) 
Increase school retention and cohort survival of CYSNs;
2 
(k) 
Create significant and positive changes in community attitudes towards
3 
disability and the need to provide inclusive education and proper care to CYSNs.
4 
SECTION. 4, Definition o f Terms. -  As used in this Act:
5 
(a) 
Basic Education refers to meeting the basic learning needs which provide the
6 
foundation on which subsequent learning can be based. It encompasses kindergarten,
7 
elementary, and secondary education as well as Alternative Learning Systems (ALS) for
8 
out-of-school learners and those with special needs;
9 
(b) 
Child Find System refers to the process of locating and coming up with a list of
10 
CYSNs through the child development teachers or workers who are under the local
11 
government units (LCDs);
12 
(c) 
Children and Youth with Special Needs (CYSNs) refers to children and youth with
13 
specialized needs in education and exceptionalities who differ from the neurotypical
14 
children and youth in neuropsychological characteristics, sensory abilities, neuromuscular
15 
or physical characteristics, and social attributes to such an extent that the use of modified
16 
school practices or specialized education services are required to develop them to
17 
maximum capability. It includes the following:
18 
1.) Gifted or Talented -  children and youth who are capable of superior performance
19 
including those with demonstrated achievement or potential ability in one or more of
20 
the following areas -  general intellectual ability, specific academic aptitude, creative or
21 
productive thinking ability, leadership ability, ability in the visual or performing arts,
22 
and psychomotor ability; or, those individuals who consistently manifest the following
23 
cluster of traits: above average ability, including intelligence, high creativity, which
24 
implies the developmental appreciation of innovative ideas, and high task commitment
25 
related to a high degree of motivation; and those who by reason thereof, require
26 
services or activities not ordinarily provided by a school;
27 
2.) Children with disabilities -  refers to persons below 18 years old who have long term
28 
physical, mental, intellectual or sensory impairments, which in interaction with various
29 
barriers may hinder their full and effective participation in society on an equal basis
30 
with others, such as but not limited to children with physical or orthopedic disability;


1 
intellectual disability, learning disability, communication disability including deaf and
2 
hard of hearing; visual disability or psychosocial disability;
3 
3.) Special Health problem s- children and youth who have health conditions that tend to
4 
keep them out-of-school, or those with chronic and/or debilitating illnesses such as
5 
cardiac diseases, asthma, diabetes, tuberculosis and other respiratory ailments,
6 
carcenonza epilepsy and malnutrition;
7 
4.) Youth with disability -  refers to persons aged 15 to 30 years who have long-term
8 
physical, mental, intellectual or sensory impairments, which in interaction with various
9 
barriers may hinder their full and effective participation in society on an equal basis
10 
with others, such as but not limited to youth with physical or orthopedic disability;
11 
intellectual disability, learning disability, communication disability including deaf and
12 
hard of hearing; visual disability or psychosocial disability.
13 
(d) 
Disability shd\\ mean 1) a physical or mental impairment that substantially limit
14 
one or more psychological, physiological, or anatomical function of an individual or
15 
activities of such individual; 2) a limitation or difficulty encountered by an individual in
16 
executing a task or action; and 3) a participation restriction or a problem experienced by
17 
an individual in involvement in life's situations.
18 
It does not just entail a health problem but shall reflect the interaction between
19 
features of a person's body and features of the society in which he lives as well as the
20 
difficulties he has encountered to remove the environmental and social barriers;
21 
(e) 
Inclusive education is a process of addressing and responding to the diversity of
22 
needs of all students and learners by increasing participation in learning, cultures and
23 
communities, and totally reducing exclusion from and within education. It involves the
24 
appropriate changes and modifications in content, approaches, structures and strategies
25 
with a common vision, which covers ail children and youth of all ages , affirming in the
26 
process the State's conviction that it is the government's mandate and responsibility to
27 
educate all children and youth without discrimination or favor.
28 
It shall also focus on the achievement of high quality, appropriate and relevant
29 
education for all learners and students and the development of more inclusive and
30 
conducive learning environments without focusing on marginal issues;


1 
(f) 
Private Sector Participation refers to all forms of indispensable, substantial and
2 
meaningful participation of private individuals, partnerships, groups or entities, disabled
3 
people's 
organizations, 
community-based 
organizations, 
or 
non-governmental
4 
organizations, in the delivery of educational and rehabilitative services for CfSNs;
5 
(g) 
Special Education (SPED) refers to the customized instructional program or service
6 
designed to meet the unique needs of individual CYSNs, which may necessitate use of
7 
supplementary aids and services and teaching strategies in classroom and non- academic
8 
settings, and includes instructions on physical and vocational education and travel training.
9 
Special education addresses significant physical, sensory, neuropsychological, cognitive,
10 
or behavioral characteristics that may necessitate the use of specialized materials,
11 
equipment, services, and/or teaching strategies. It is geared towards the integration of
12 
CYSNs into the education mainstream;
13 
(h) 
Learning Resource Center refers to a resource hub that provides students,
14 
teachers, school personnel, and other education stakeholders of CYSNs appropriate
15 
instructional learning materials, tools, devices, gadgets, equipment to facilitate and
16 
enhance learning as well as assessment tools and instruments to evaluate developmental
17 
domains and specific areas of concern necessary in determining appropriate services and
18 
placement decisions;
19 
(i) 
SpecialInstructionaiMaterials refer to textbooks in Braille, large type, audio, digital
20 
or any other medium or apparatus, that convey information to a student or otherwise
21 
contributes to the learning process; and
22 
(j) 
Universal Design for Learning is a scientifically valid framework for guiding
23 
educational practice that: 1) provides flexibility in the ways information is presented, in
24 
the ways student respond or demonstrate knowledge and skills, and in the ways students
25 
are engaged; 2) reduces barriers in instruction, provides appropriate accommodations,
26 
supports, and challenges and maintains high achievement expectations for all students,
27 
including students with disabilities and students who have limited English proficiency.
28 
It is also a set of principles that guide the design of inclusive classroom instruction
29 
and accessible course materials. The three principles of UDL are 1) multiple methods of
30 
representation that give learners a variety of ways to acquire information and build


1 
knowledge; 2) multiple means of student action and expression that provide learners
2 
alternatives for demonstrating what they have learned; and 3) multiple modes of student
3 
engagement that tap into learners' interests, challenge them appropriately, and motivate
4 
them to learn.
5 
SECTION. 5, Establishment o f Inclusive Education Learning Resource Centers for
6 
CYSNs in all Public Schools Divisions. -An Inclusive Education Learning Resource Center
7 
for CYSNs shall be established in all public schools divisions nationwide where there are
8 
no existing SPED Centers.
9 
All existing SPED centers shall now be called and referred to as Inclusive Education
10 
Learning Resource Centers.
11 
SECTION. 6. Functions o f the Inclusive Education Learning Resource Center. -
12 
The center shall function as a resource center that shall assist in promoting inclusive
13 
education to capacitate regular schools to effectively handle the needs of children and
14 
youth with disability. It shall:
15 
(a) 
Integrate and include CYSNs in regular classes;
16 
(b) 
Conduct assessment of CYSNs to evaluate developmental domains and
17 
specific areas of concern and determine appropriate services and placement
18 
options;
19 
(c) 
Conduct school-based training of CYSNs;
20 
(d) 
Undertake and monitor case management and coordination services;
21 
(e) 
Ensure that the CYSNs within the division shall receive the appropriate
22 
services needed;
23 
(f) 
Provide 
training 
to 
regular teachers, 
administrators, 
non-teaching
24 
personnel, and parents on inclusive education;
25 
(g) 
Produce appropriate teaching materials for CYSNs;
26 
(h) 
Implement the programs of the center such as the Individualized Education
27 
Plan (lEP), transition program, and other alternative educational programs;
28 
(i) 
Provide access to auxiliary aids that are basically non-educational, but which
29 
enhance the education process of the CYSNs. These services may include:


1 
1. 
Language and speech therapy, occupational therapy, physical and
2 
physiotherapy, among other modes of therapy, through the Mobile Multi-
3 
Specialist Inclusive Education Division Support Team;
4 
2. 
Quality reading, or other effective methods of delivering accessible
5 
reading materials to individuals with visual impairments;
6 
3. 
Appropriate classroom accommodation;
7 
4. 
Other similar services and actions or all types of aids and services
8 
that 
facilitate the learning process of CYSNs; and
9 
5. 
Assistance and/or monitoring the transfer or admission of qualified
10 
CYSNs to post-secondary or tertiary education institutions; and
11 
SECTION. 7. Hiring o f Personnei and Staff. -  In addition to the teachers with
12 
special trainings in handling CYSNs and to ensure the effective implementation of this
13 
Act, the DepEd may hire the necessary personnel and support staff to operate, administer
14 
and oversee the Center.
15 
SECTION. 8, Benefits and Incentives for Personnei and S taff o f the Center. - The
16 
DepEd shall enhance the right of the teachers or instructors to professional advancement
17 
and ensure that the Centers shall attract the best available teaching staff and talents
18 
through adequate remuneration, scholarship and training grants, teacher exchange
19 
programs, incentives, and allowances and other means of securing their job satisfaction
20 
and fulfillment as well as their long and stable tenure in their respective posts.
21 
SECTION 9. In-Service Training o f Teachers, Administrators, Non-Teaching
22 
Personnei. -  To enhance the inclusive education program, the DepEd shall coordinate
23 
with the appropriate government agencies to offer basic and advanced seminars on
24 
disability awareness and inclusive education for the concerned stakeholders.
25 
The appropriate and necessary trainings, seminars and other opportunities for
26 
upgrading the performance of DepEd teachers implementing the inclusive education
27 
curriculum shall be conducted and evaluated by the National Educators' Academy (NEAP).
28 
SECTION. 10. Authority o f the DepEd Secretary. -  The Secretary of DepEd shall
29 
develop programs, enter into cooperative arrangements or contracts with public or private
30 
non-profit agencies, institutions, or organizations for the establishment or creation of


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
1
Centers or implementation of inclusive education such as, but not limited to, the 
following:
(a) 
Technical assistance to Center teachers who are preparing to serve or are 
serving CYSNs for inclusion and mainstreaming;
(b) 
Training of professionals or related services personnel including ail regular 
teachers;
(c) 
Replication of successful innovative approaches in providing educational or 
related services to CYSNs;
(d) 
Facilitation of parental involvement in the education of their CYSNs;
(e) 
Diagnosis and educational evaluation of CYSNs;
(f) 
Consultative, counseling and training services for the families of CYSNs;
(g) 
Familiarization of the municipality or city being served by a Center with the 
problems and potentialities of such children and youth; and
(h) 
Enter into agreements with medical and allied medical professional groups. 
Inclusive Education Learning Resource Centers created under this Section shall
remain part of the DepEd system.
SECTION 11. Program Office. -  Inclusive education programs shall be under the 
Student Inclusion Division of the Bureau of Learning Delivery under the Office of the 
Undersecretary for Curriculum and Instruction. The Student Inclusion Division shall assist 
in the formulation, implementation, monitoring, and evaluation of policies, programs, and 
services for, but not limited to, CYSNs.
SECTION. 12. Continuing Research to Identify Needs o f CYSNs. -  The DepEd, by 
itself or in coordination with organizations or institutions, shall undertake continuing 
research to identify and design programs that shall meet the full range of needs of CYSNs: 
Provided, That such continuing research shall also be used to develop instructional 
techniques for use by the Centers towards improving the acquisition of skills by CYSNs 
necessary for their transition to independent living, vocational training or competitive 
development: 
Provided, further. That such continuing research shall be used by the 
DepEd in designing a physical education and therapeutic recreation program to be used


1 
by the Centers to increase the potential of the children and youth 
for community
2 
participation.
3 
SECTION. 13. Student Assistance. -  The DepEd, DSWD, NCDA and LGUs shall
4 
develop programs to support the financial and educational needs of the marginalized or
5 
disadvantaged CYSNs, as defined in Republic Act No. 8425, otherwise known as the Social
6 
Reform and Poverty Alleviation Act.
7 
The benefits accorded by Republic Act No. 8545, or the E-GATSPE Act shall likewise
8 
be extended to qualified CYSNs students in the secondary levels.
9 
SECTION. 14. Recreational and Artistic Opportunities. -  The DepEd shall institute
10 
opportunities for safe and wholesome individual as well as interactive group recreation
11 
and social activities for CYSNs, optimal use of their leisure hours, and advancement of
12 
their physical, mental, social and cultural development.
13 
SECTION. 15. Special Instructional Materials. -  Publishers shall grant the DepEd
14 
the authority to transcribe adopted instructional materials into accessible format, without
15 
penalty or payment of royalty in accordance with Republic Act No. 8293, otherwise known
16 
as the Intellectual Property Code of the Philippines. Further, publishers of newly adopted
17 
materials shall provide, not later than the second working day after the adoption of
18 
textbook titles by the DepEd, the digital copy as specified by the DepEd for the purpose
19 
of producing accessible versions of the textbooks for students with reading disabilities.
20 
The accessible versions may be produced by the DepEd or by non-profit accessible book
21 
producers, which may be copied and distributed upon request to a Schools Division for
22 
instructional purposes.
23 
Copies of these instructional materials shall be furnished without cost to either
24 
the CYSNs or the teacher who is handling their instruction.
25 
SECTION 16. Incentives for Private Sector Participation. -  Partnership between the
26 
government and private institutions catering to the needs of CYSNs shall be encouraged.
27 
Private entities who or which team up with DepEd or provide the necessary educational
28 
assistance and service of CYSNs enrolled in public schools shall be entitled to benefits
29 
and incentives provided under Republic Act No. 8525 or the 'Adopt a School Act of
30 
1998'and its Implementing Rules and Regulations.


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
1
SECTION. 17. Inclusion o f Children with Special Needs in Child Development 
Centers. -  Child Development Centers (CDCs) specially designed for pre-school children 
and their parents, where early identification of disabilities and special needs and 
introductory educational and intervention programs will be administered, shall be 
established near or within existing Centers or in other Centers. As far as practicable, the 
use of existing CDCs and facilities shall be maximized.
The Early Childhood Care and Development Council (ECCD Council) shall 
coordinate with LCDs, DepEd, DSWD, DOH and other concerned agencies to provide 
support programs for children with special needs under five years old.
SECTION. 18. Health and Nutrition Services and Interventions. -  The Department 
of Health (DOH), National Nutrition Council (NNC), and ECCD Council shall provide 
inclusive health and nutrition services and interventions for implementation by the 
Department of Social Welfare and Development (DSWD), DepEd, and LCDs.
SECTION. 19. Parent, Sibling, and Caregiver Education. -  A formal training and 
counseling program shall be developed and initiated by the LCDs, in coordination with 
DepEd, DSWD, LGUs, ECCD Council, DOH, disabled people's organizations (DPOs), 
parent-support organizations, 
health 
professional 
organizations, 
non-government 
organizations (NGOs), and civil society organizations (CSOs) to equip parents, siblings, 
and caregivers of CYSNs with working knowledge of special education, an understanding 
of the psychology of CYSNs, and the awareness of their crucial role as educators so that 
they, in turn, can maximize their knowledge and skills to fully participate in developing 
the potentials of CYSNs. Parents should also be apprised of procedural safeguards to 
protect the educational rights of children and their parents, and processes to resolve 
disputes and complaints related to the education of CYSNs.
SECTION. 20. Local Government Unit Participation. -  LGUs may allocate a portion 
of their Special Education Fund for the following:
(a) 
Provision of sites, buildings or centers where there are no existing school facilities 
that may be used for the special education of CYSNs, as well as the establishment of 
CDCs pursuant to Sec. 18 hereof;
10


1 
(b) 
Identification, coordination, and the tapping of public or private volunteers and
2 
private organizations, national or international, for information dissemination campaigns,
3 
funding programs and other projects to augment the funding of Inclusive Education
4 
programs and equipment, among others;
5 
(c) 
Operation of Inclusive Education programs including the payment of salaries,
6 
allowances, and other benefits of teaching and non-teaching personnel in Centers, as
7 
well as the conduct of competency trainings; and
8 
(d) 
Delivery of health and nutrition services and interventions, educational assessment
9 
program of CYSNs in their respective localities that would be initiated by the DepEd.
10 
SECTION. 21. Public Information, Education, and Communication. -  A nationwide
11 
information dissemination campaign on the prevention, early identification, early
12 
detection and the strategic intervention programs for CYSNs shall be intensified. This
13 
shall be the joint responsibility of the Philippine Information Agency (PIA), Council for the
14 
Welfare of Children (CWC), the National Council for Disability Affairs (NCDA) and the
15 
DepEd. 
Likewise, the DepEd, in collaboration with DOH, Department of Labor and
16 
Employment (DOLE), and LGUs shall disseminate materials and information concerning
17 
effective practices in working with, training and educating CYSNs.
18 
Private media outlets and organizations are encouraged to participate in the
19 
dissemination of relevant materials and information regarding effective practices in
20 
working with, training, and educating CYSNs.
21 
SECTION. 22. Appropriations. -  The Secretary of DepEd shall immediately include
22 
in the DepEd program the implementation of this Act, the funding of which shall be
23 
included in the annual General Appropriations Act. A separate line item budget for CYSNs
24 
shall be incorporated in the budget of the DepEd.
25 
SECTION. 23. 
Implementing Rules and Regulations. -  Within ninety (90) days
26 
from the effectivity of this Act, the DepEd, in coordination with the DSWD, Department
27 
of Interior and Local Government (DILG), DOH, DOF, Bureau of Internal Revenue (BIR),
28 
CWC, ECCD Council, and NCDA and in consultation with 
DPOs, parent-support
29 
organizations, health professional organizations, and NGOs and CSOs that are working
11


1 
with CYSNs, shall promulgate and issue the necessary guidelines for the effective
2 
implementation of this Act.
3 
SECTION. 24. Separability Clause. -  If for any reason, a provision or part hereof
4 
is declared invalid, other provisions not affected thereby shall remain in full force and
5 
effect.
6 
SECTION. 25. Repealing Clause. -  All laws, decrees, executive orders, rules and
7 
regulations contrary or inconsistent with the provisions of this Act are hereby repealed or
8 
modified accordingly.
9 
SECTION. 26, Effectivity. -  This Act shall take effect fifteen (15) days after its 
10 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
12