Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House BiLLNo._7095

Introduced by Representative Ivan Howard A. Guintu

XPLANATORY

Article Il, Section 13 of the Constitution states that “(T)he State recognizes the vital role
of the youth in nation-building and shall promote and protect their physical, moral, intellectual,
and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage
their involvement in public and civic affairs.” In addition, Article XIV, Section 1 mandates that
“(The State shall protect and promote the right of all citizens to quality education at all levels and
shall take appropriate steps to make education accessible to all.”

The Special Education Fund is derived from the additional one percent (1%) tax on real
property which is exclusively allotted to the local school boards. This Fund is used for the
operation, construction and repair of public schools; the payment of teachers’ salaries; the purchase
and improvement of educational materials and equipment; the undertaking of educational research;
the granting of government scholarships; and the promotion of physical education.

According to the Department of Education (DepEd), enrollment of students with
disabilities was 93,895 for the School Year 2021 to 2022, which was lower by 74% compared to
the pre-pandemic figure of 360, 879."

The passage of Republic Act (RA) 11650, or the “Instituting a Policy of Inclusion and
Services for Learners with Disabilities in Support of Inclusive Education Act” last March 2022

* https://www.philstar.com/headlines/2022/03/16/2167714/philippines-guarantees-learners-disabilities-free-
basic-education


evidences the national government's efforts in promoting educational inclusivity of children with
special needs.

While we applaud existing policies which recognize the plights of leamers with disabilities,
this bill seeks to expand the purpose and application of the Special Education Fund, extending the
annual budgetary needs for the operation and maintenance of Inclusive Learning Resource Centers
of learners with disabilities. This is in line with the constitutional mandate to eliminate barriers for
accessible and quality education to all citizens, thus, fostering an inclusive educational system for
learners with disabilities.

In view of the foregoing, the passage of this bill is eamestly sought.

Representative,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

7095

HOUSE BILL N

Introduced by Representative Ivan Howard A. Guintu

AN ACT
EXPANDING THE PURPOSES AND APPLICATION OF THE SPECIAL EDUCATION
FUND, AMENDING FOR THE PURPOSE SECTIONS, 99, 100 AND 272 OF REPUBLIC
ACT NO. 7160, OTHERWISE KNOWN AS THE “LOCAL GOVERNMENT CODE OF
1991”

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. This Act shall be called the “Expanded Special Education Fund Act.”

SEC. 2. Section 99 of Republic Act No. 7160, otherwise known as the “Local Government Code
of 1991” is hereby amended to read as follows:

SECTION 99. Functions of Local Schoo! Boards. - The provincial, city or municipal
school board shall: (a) (b) (c) Determine, in accordance with the criteria set by the
Department of Education, Culture and Sports, the annual supplementary budgetary needs
for the operation and maintenance of public schools AND INCLUSIVE LEARNING
RESOURCE CENTERS OF LEARNERS WITH DISABILITIES within the
province, city or municipality, as the case may be, and the supplementary local cost of
meeting such needs, which shall be reflected in the form of an annual school board
budget corresponding to its share in the proceeds of the special levy on real property
constituting the Special Education fund and such other sources of revenue as this Code
and other laws or ordinances may provide;

SEC. 3. Section 100 of Republic Act No. 7160, otherwise known as the “Local Government
Code of 1991” is hereby amended to read as follows:


SECTION 100. Meetings and Quorum; Budget. - (a) The local school board shall meet at
least once a month or as often as may be necessary.

(b) Any of the co-chairmen may call a meeting. A majority of all its members shall
constitute a quorum. However, when both co-chairmen are present in a meeting, the local
chief executive concerned, as a matter of protocol, shall be given preference to preside over
the meeting. The division superintendent, city superintendent or district supervisor, as the
case may be, shall prepare the budget of the school board concemed. Such budget shall be
supported by programs, projects, and activities of the school board for the ensuing fiscal
year. The affirmative vote of the majority of all its members shall be necessary to approve
the budget.

(c) The annual school board budget shall give priority to the following:

(1) Construction, repair, and maintenance of school buildings and other facilities of
public elementary and secondary schools, AND INCLUSIVE LEARNING
RESOURCE CENTERS OF LEARNERS WITH DISABILITIES;

(2) OPERATION AND MAINTENANCE OF PUBLIC ELEMENTARY AND
SECONDARY SCHOOLS, AND INCLUSIVE LEARNING RESOURCE
‘CENTERS;

(3) [(2)] Establishment and maintenance of extension classes AND INCLUSIVE
LEARNING RESOURCE CLASSROOMS where necessary; and

(4) [G)] Sports activities at the division, district, municipal, and Barangay levels.
SEC 4. Section 272 of the Same Code is hereby amended to read as follows:

SECTION 272. Application of Proceeds of the Additional One Percent SEF Tax. - The
proceeds the additional one percent (1%) tax on real property accruing to the Special
Education Fund (SEF) shall be automatically released to the local schoo! boards: Provided,
That, in case of provinces, the proceeds shall be divided equally between the provincial
and municipal school boards: Provided, however, That the proceeds shall be allocated for
the operation [and maintenance] of public schools AND INCLUSIVE LEARNING
RESOURCE CENTERS OF LEARNERS WITH DISABILITIES INCLUDING
PAYMENT OF COMPENSATION, SALARIES, WAGES, AND OTHER
BENEFITS OF TEACHING AND NON-TEACHING PERSONNEL, construction,
MAINTENANCE and repair of school buildings AND INCLUSIVE LEARNING
RESOURCE CENTERS, facilities and equipment, educational research, purchase of
books, [and] periodicals, INSTRUCTIONAL MATERIALS AND TEACHING AIDS
FOR LEARNERS WITH DISABILITIES, FUNDING FOR CONTINUING
RESEARCH TO IDENTIFY THE NEEDS OF LEARNERS WITH DISABILITIES,
and sports development as determined and approved by the Local School Board.

SEC. 5. All laws, decrees, executive orders, rules and regulations or other issuances or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.


SEC. 6. This Act shall take fifteen (15) days after its publication in the Official Gazette or in a
newspaper of general circulation.

Approved,