RepublicofthePhilippines
HoUSE oF REPRESEnlTATlvEs
Quezon City, Metro Manila
NINETEENTII CONGRESS
First Regular Session
HOus:.B`iu`rio.     6022
c-E,I.V.E-q
1-.oar-ri
E#tEJEL
i    tlthEi
Introduced by Representative Gabriel H. Bordado,
EXPIENATORY NOTE  I
Inclusive education is vital in the pursuit of making quality education available
to all. Failure to do so means that a huge population of children would be left behind,
particularly learners that are differently abled and those with special needs. Education
needs to be accessible and inclusive if we are to create an equitable and just society.
In the Philippines, we have Ions implemented numerous programs for special
education in the bid to make education more inclusive in the country. Still with 126,598
special education enrollees in 2022 and just 648 SPED centers in the country, special
education in the country still needs further support. Last March 2022, former president
Rodrigo Duterte signed R.A.11650 into law, which mandates all public schools in the
Philippines to identify learners with special needs and provide these learners with free
basic  and  quality  education.  This  is  an  incredible  step  forward  towards  inclusive
education, a step that we need to strengthen.
This bill seeks to create a Commission on Special Education (C-SPED), which
would  serve  as  the  Department  of  Education's  primary  policy-making  and  national
coordinating  body for Special  Education.  The C-SPED would focus on the needs of
persons with  special  needs to help ensure their fullest  integration  with  mainstream
education  whenever  possible.  This  would  see  to  it  that  children  and  youth  with
disabilities   and   special   needs   would   be   provided   with   adequate   support   and
assistance as they pursue their education.
Making  education  inclusive  in  the  Philippines  requires  careful  planning  and
coordination not only between families and schools but also involves the government
and the community as a whole.  It is moving towards this singular goal that the swift
passage of this bill is earnestly sought.
•.:'`.1,:,.:   .    .,:      ...::  ,.,,  ::.T.`:..-I.`-       :


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manfla
NINETEENTH CONGRESS
First Regular Session
•.\-,--,
House Bin No.
6022
Introduced by Representative Gabriel H. Bordado, Jr.
AN ACT CREATING THE COMMISSION ON SPECIAL EDUCATION,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the  House of Representatives  of the
Philippines in Congress assembled:
SECTION  1. Short Title. This Act shall  be known  as the "Special  Education Act of
2022".
SECTION  2.  Declaration  of  Policy.  The  education  of  all  children,  regardless
background or disability,  must always  be a  national  priority as echoed  in  Section
Article XIV and  Section  1, Article Xlll  of the Constitution.  Children with disabilities or
special needs are among those at greatest risk of being left behind. Thus, proper help
and assistance should be made available to them so that they can meet high academic
standards  and  participate fully in  Philippine society Special  education  must  not  be
used in order to avoid accountability for children who have special needs compared to
the rest of society. Rather, it should be maximized to be part of the education system
that shall guide children achieve their aspirations and maximize their full potential.
SECTION 3. Definition of Terms.
a. I.Child" means a person not more than 18 years of age;
b. "Commission" means the Commission on Special Education;
c.  "Special  Education  Needs"  means,  in  relation  to  a  person,  a  restriction  in  the
capacity of the person to participate in and  benefit from education on account of an
enduring physical, sensory, mental health or leaming disability, or any other condition
which results in a person leaming differently from a person without that condition and
cognate words shall be construed accordingly.
d. "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, neuro-muscular or physical characteristics 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.


e.  "Basic  education"  refers  to  kindergarten,  at  least  six  (6)  years  of  elementary
education and at least six (6) years of secondary education.
f. "Disability refers to a physical or mental impairment that substantially limits one or
more psychological,  physiological or anatomical function of an individual or activities
of such individual; those regarded as having such an impairment, or having a record
of such an impairment.
SECTION 4. Creation of the Commission on Special Education. The Commission
on Special Education (C-SPED) hereinafter referred to as the Commission, is hereby
created under the Office of the President for administrative purposes only. It shall be
independent   and   separate   from   the   Department   of   Education   (DepEd).   The
Commission's coverage shall be both public and private institutions.
SECTION 5. Composition of the Commission. The Commission shall be composed
of  five   (5)  full-time  members.   The   President  shall  appoint  a   Chairman   of  the
Commission and four (4) commissioners. The Chairman and four (4) commissioners
shall  be holders of earned  doctorate(s) who  have been  actively engaged  in  special
education for at least ten (10) years. The members of the Commission must not have
been  candidates for elective  positions  in  the  elections  immediately  preceding  their
appointment. The Chairman and the commissioners shall be academicians known for
their high degree of professionalism and integrity who have distinguished themselves
as authorities in special education learning who belong to different specializations
ln  no case shall any and all of the Commissioners appoint representatives to act on
their behalf.
SECTION 6. Term of Office. The President shall appoint the full-time chairman and
the commissioners for a term of five (5) years, without prejudice to one reappointment.
The terms Of initial appointees shall be on a staggered  basis: the fullltime chairman
shall hold office for a term of four (4) years, the next two (2) commissioners for three
(3) years, and the last two (2) commissioner for two (2) years.
The commissioners shall hold office until their successors shall have been appointed
and  qualified.  Should  a  member of the  Commission  fail  to  complete  his  term,  his
successor  shall  be  appointed  by the  President  of the  Philippines  but  only  for the
unexpired portion of the term.
SECTION  7.  Rank and  Emoluments. The  chairman  and  the  commissioners  shall
have the rank of Department Secretary and Undersecretary, respectively. They shall
receive  the  compensation   and   other  emoluments  corresponding  to  those  of  a
Department Secretary and Undersecretary,  respectively, and shall be subject to the
same disqualifications.
SECTION 8. Board of Advisers. There shall be constituted a Board of Advisers which
shall meet with the Commission at least once a year to assist it in aligning its policies
and plans with the socio-economic development needs of the nation.
The Board of Advisers shall be composed of the following:


a. The Chairman of the Commission, as chairman: b. The Secretary of Education as
co-chairman, c. The Secretary of the Department of Health;
d. The Secretary of Labor and Employment, and
c. The Director-General of the National Economic and Development Authority
Two (2) additional members of the Board of Advisers coming from the private sector
may be appointed by the President upon recommendation of the Commission.
SECTION 9. Powers and Functions of the Commission. - The Commission shall
have the following powers and functions
a.  To disseminate to schools,  parents and such other persons as the Commission
considers    appropriate,    information    relating    to    best    practice,    nationally    and
internationally, concerning the education of children with special educational needs;
b. To plan for the integration of education for students with special educational needs
with education for students generally;
c. To ensure that the progress of students with special educational needs is monitored
and  reviewed  at  regular  intervals  including  medical  assessments  of  children  with
special needs;
d.  To  make  available  to  the  parents  of  children  with  Special  educational  needs
information in relation to their entitlements and the entitlements of their children;
e. To assess and review the resources required in relation to educational provision for
children with special educational needs;
f. To ensure that a continuum of special educational provision is available as required
in relation to each type of disability;
9. To conduct and  commission  research on  matters relevant to the functions of the
Commission and, as it considers appropriate, to publish in such form and manner as
it thinks fit, the findings arising out of such research;
h.  Formulate and  recommend  development plans,  policies,  priorities, and  programs
on special education;
i.  Recommend  to  the  executive  and  legislative  branches,  priorities  and  grants  on
special education and research;
j.  Monitor and evaluate the performance Of programs of institutions teaching special
education for appropriate incentives as well as the imposition  of sanctions such as,
but  not  limited  to,  diminution  or  withdrawal  of  subsidy,   recommendation  on  the
downgrading or withdrawal of accreditation, program termination or school closure;
k. Recommend to the Department of Budget and Management the budgets of special


education public institutions as well as general guidelines for the use of their income;
I.  Rationalize  programs  and  institutions  of  special  education  and  set  standards,
policies and guidelines for the creation of at least one (1 ) SPED center for each school
division and at least three (3) SPED centers in big school divisions in regular schools
subject to budgetary limitations;
in. Devise and implement resource development schemes;
n.  Administer the  Special  Education  Fund,  as  described  in  Section  11  hereunder,
which will promote the purposes of higher education;
o.  Promulgate  such  rules  and  regulations  and  exercise  such  other  powers  and
functions as may be necessary to carry out effectively the purpose and objectives of
this Act; and
p. Perform such other functions as may be necessary for its effective operations and
for the continued enhancement, growth or development of special education leading
to the integration of CSNs with mainstream education.
SECTION  10. The Secretariat. The Commission  shall organize a secretariat which
shall be  headed by an  executive officer,  subject to the rules on compensation and
position  classification  of the  Civil  Service  Commission.  It  shall  fix the  secretariat's
staffing pattern, determine the duties, qualifications, responsibilities and functions, as
well   as   the   compensation   scheme   for  the   positions   to   be   created   upon   the
recommendation of the executive officer. It shall also prepare and approve its budget.
The Commission shall appoint the members of the staff upon the recommendation of
the executive officer.
SECTION  11.  The  Special  Education  Development  Fund.  A  Special  Education
Development  Fund,   hereinafter  referred  to  as  the   Fund,   is  hereby  established
exclusively for the strengthening of special education in the entire country.
a. The Government's contribution to the Fund shall be the following:
(1 ) the amount of Five hundred million pesos (P500,000,000.00) as seed capital;
(2) 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 (LGC of 1991) shall be automatically set aside  by
the local school board to support programs of the Commission;
(3) the amount of Fifty million  pesos (P50,000,000.00) for the initial operation of the
Commission;
(4) the equivalent of two percent (2%) annual share on the total gross collections of
tax on the commodities covered by Republic Act 10351 ;


(5) the equivalent of five percent (5%) share of the collections from the Professional
Regulation Fee; and
(6) the equivalent of one percent (1%) of the gross sales of the lotto operation of the
Philippine Charity Sweepstakes Office (PCSO).
b.  Starting the fiscal  year immediately after the passage of this Act and  every year
thereafter,   government   financing   institutions   identified   and   requested   by   the
Commission may contribute to the Fund an amount equivalent to not less than three
percent (3%) but not more than five percent (50/o) Of their unimpaired surplus realized
during the immediately preceding year.
c. The Fund shall have a private portion to be raised from donations, gifts, and other
conveyances  including  materials,  equipment,  properties  and  services  by gratuitous
title-
SECTION   12.   Management   and   Administration   of  the   Special   Education
Development Fund. The Fund shall be administered by the Commission. For sound
and judicious  management of the  Fund,  the  Commission  shall  appoint a  reputable
government  financial  institution  as  portfolio  manager  of  the  Fund,  subject  to  the
following conditions.
As administrator of the Fund, the Commission shall prepare the necessary guidelines
for its use, subject to the following conditions:
a. No part of the seed capital of the Fund, including earnings thereof, shall be used to
underwrite overhead expenses for administration;
b.   Unless   otherwise   stipulated   by  the   private   donor,   only   earnings   of   private
contributions shall be used for administrative expenses;
c.   The   Commission   shall   appoint  and   organize   a   separate   staff,   independent
administratively and budgetarily separate from the Commission Secretariat; and
d. The Fund shall be utilized equitably according to regions and programs.
SECTION 13. Duty of the Department of Health. Taking into consideration the health
issues attached to CSNs, whenever it appears to the Commission that the Department
of  Health  (DOH),  through  its  appropriate  representative,  by taking  specified  action
assist  in  the  preparation  or  implementation  of  an  educa'tion  plan  in  respect  of  a
particular child or group of children, or assist more generally in the performance of the
Commission of its functions, then it may, by notice and writing, request the assistance
of the Department, specifying the action in question.
Before making a request, the Commission shall consult with the Department of Health
The latter shall decline such request when the assistance concerned is not required;
compliance with  the  request would  not be  compatible with  its functions or duties or
would unduly prejudice the performance of any of its functions or having regard to the
resources  available  to  the  Commission,  it  is  not  possible for it to  comply with  the
request. Otherwise, the request shall be complied with


SECTION  14.  Duty of the  Department of Science and Technology.  Taking  into
consideration   the   various   skills   and   capabilities   of  gifted   children   under  SPED
instruction, whenever it appears to the Commission that the  Department of Science
and Technology (DOST), through its representative, by taking specified action assist
in the  preparation  or implementation  of an  education  plan  in  respect of a particular
child  or  group  of  children,   or  assist  more  generally  in  the  performance  of  the
Commission of its functions, then it may, by notice and writing, request the assistance
of the Department, specifying the action in question.
Before  making  a  request,  the  Commission  shall  consult  with  the  Department  of
Science and Technology. The latter shall decline such request when the assistance
concerned is not required; compliance with the request would not be compatible with
its functions or duties or would unduly prejudice the performance of any of its functions
or having regard to the resources available to the Commission, it is not possible for it
to comply with the request. Otherwise, the request shall be complied with. The DOST
shall not be hindered in giving assistance in the form of research and equipment with
which  the  gifted  child  or  gifted  children  may  use  to  maximize  their  interests  and
potentials.
SECTION 15. Accreditation. The Commission shall provide incentives to institutions
of special  education,  public and  private,  whose  programs are accredited  or whose
needs are for accreditation purposes.
SECTION 16. Tax Exemptions. Any donation, contribution, bequest, and grant which
may  be  made  to the  Commission  shall  constitute  as  allowable  deduction  from  the
income of the donor for income tax purposes and shall be exempt from donor's tax,
subject to such conditions as provided under the National Internal Revenue Code, as
amended.
SECTION  17. Authority. The  Commission shall exercise such  authority as may be
deemed necessary within its premises or areas of operation to effectively carry out its
powers and functions and to attain its objectives: Provided that the Commission may
seek the assistance of other government agencies for the proper implementation of
this Act-
SECTION    18.    Appropriation.    The   amount   of   Five    Hundred    million    pesos
(P500,000,000,00) is hereby authorized to be appropriated  as starting capital of the
Fund.   The  additional  amount  of  Fifty  million   pesos  (P50,000,000,00)  is   hereby
authorized to be appropriated out of the funds in the National Treasury not otherwise
appropriated or out of the Philippine Amusement and Gaming Corporation (PAGCOR)
funds for the initial operation of the Commission. Thereafter. the funds necessary shall
be included in the General Appropriations Act.
SECTION  19. Transitory Provisions. The  Commission  shall  have the authority to
appoint  its  own  personnel.  All  regular  or  permanent  employees  performing  tasks
relating  to   special   education   are   hereby  transferred   to  the   Commission.   Such
transferred  employees  shall  not suffer any  loss  of seniority  or rank  or decrease  in
emoluments:  Provided  however, that any employee who cannot be accommodated
shall  be  given  all  the  benefits  as  may  be  provided  under  existing  laws,  rules  and
regulations.


Jurisdiction  over  DepEd-supervised  SPED  institutions  shall  be  transferred  to  the
Commission.
SECTION 20. Transitory Body. A transitory body is hereby created which shall be
composed of the Secretary of Education, the Secretary of the Department of Health,
the  Chairman  of  the  Senate  Committee  on  Education,  Culture  and  Sports,  the
Chairman of the House Committee on Basic Education, and four (4) representatives
of special education instructors of known probity and integrity.
The transitory body shall facilitate the complete and full operation of the Commission
which shall not be later than three (3) months after the effectivity of this Act.  It shall
likewise, promulgate the rules and regulations necessary to effectively implement the
smooth and orderly transfer to the Commission. The transition period  not exceeding
three (3) months shall commence from the approval of this Act.
SECTION 21. Separability Clause.  If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.
SECTION 22. Repealing clause. All laws, decrees, executive orders, proclamations,
and  administrative  regulations  or  parts  thereof  inconsistent  herewith  are  hereby
repealed or modified accordingly.
SECTION 22. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper Of general circulation.
Approved,