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

FIFTEENTH CONGRESS
First Regular Session

1089

HOUSE BILL NO.

INTRODUCED BY REP. BERNADETTE HERRERA-DY

EXPLANATORY NOTE

The 1987 Constitution expressly recognizes in its State Policies the value of
human dignity of every person and recognizes the vital role of the youth in nation-
building In so providing for such, the State should protect and promote the rights,
welfare and development of children with special needs (CSNs) with the endview of
finding solutions to their problems to fully integrate them into mainstream society and
facilitate their full participation in the affair of the State. Consistent with the
Constitution, Presidential Decree No. 603 (The Child and Youth welfare Code) and
Sections 12-14 of Republic Act No. 7277 (Magna Carta for the Disabled), provide for
the institutionalization of an adequate and relevant educational program for every
child with special needs through the establishment of Special Education (SPED)
Centers and their vital support mechanisms. Thus, all CSNs, regardless of the degree
of sensory, physical or intellectual disability or needs, will have the opportunity to be
educated in the most educationally enhancing environment consistent with the

provision of a quality education the best meets their needs.

In the Philippines today, special education remains to: be very prohibitive
available mostly in private institutions and in some public schools. As it cannot be
denied that children with special needs (CSNs) come not only from well-to-do
families but from the poorer populace as well, the government should step in and
establish schools for children with special needs (CSNs).



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‘Approval of this bill will provide the government with the mechanism by
which children with special needs (CSNs) will no longer feel neglected.

|ADETTE HERRERA-DY


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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1080

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 (CSNs), CREATING THE IMPLEMENTING MACHINERY THEREOF,
PROVIDING GUIDELINES FOR GOVERNMENT FINANCIAL ASSISTANCE
AND OTHER INCENTIVES AND SUPPORT, AND FOR OTHER PURPOSES

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

SECTION 1. Title. — This Act shall be known as the “Special Education Act
of 2011.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to
protect and promote the rights of children with special needs (CSNs) to quality
education and to take appropriate steps to make such education accessible to them.
‘The State recognizes their vital role in national development and that finding solutions
to their problems forms an integral part of national development strategies.

It is also the policy of the State to give full support for their welfare and
development to ensure their full integration to society as well as to facilitate their
active participation in the affairs of the State. Towards this end and also pursuant to
the mandate stated in Section 13, Article II, Section 13, Article XIII, Section 1 and
Section 2, paragraphs | and 3, Article XIV of the 1987 Constitution, Article 3 of

Presidential Decree No. 603 (The Child And Youth Welfare Code) and Sections 12-



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14 of Republic Act No. 7277 (Magna Carta For The Disabled), the State shall
institutionalize an adequate and relevant educational program for every child with
special needs through the establishment of Special Education (SPED) Centers and of
their vital support mechanisms. Thus, all CSNs, irrespective of the degree of sensory,
physical or intellectual disability or needs, will have the opportunity to be educated in
the most educationally enhancing environment consistent with the provision of a
quality education that best meets their needs.

SEC. 3. Objectives. — The objectives of the Special Education Act of 2009 are:

(a) To provide access to basic education among CSNs, namely: the
gifted/talented, students/children with mental
retardation/intellectual disability, with visual impairment, with
hearing impairment, with  orthopedic/physical handicap, with
learning disability, with speech defect, with behavior problems,
with autism and those with health problems through the formal
system and other alternative delivery services in education;

(b.) To ensure that CSNs fully develop their abilities, talents, interests
and all aspects of their development to become more responsible for
their lives and more effective partners in all of the affairs and
concerns of the country.

(c.) To ensure that CSNs understand, appreciate and respect differences
amongst groups and members in society and also to understand the
nature of society in which they live;

(d.) To inform the parents about the full continuum of services, possible

placement options during discussions about their children’s



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education and other relevant information to enable them to make
informed decisions and choices;

(¢.) To equip the parents, caregivers and teachers with the capabilities to
identify, prevent, refer and intervene with the developmental
disorders and disabilities of children as well as in the relevant
individual programming planning for the student where such
program differs significantly from the standard curriculum and
other matters that enhance the role of parents and other caregivers
as the primary educators and caregivers of their children from birth
onwards;

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

(g.) To effectuate significant and positive changes in community
attitudes towards disability and the need to provide special
education, care and other needs of CSNs.

SEC. 4. Definition of Terms. — For purposes of this Act, these terms are defined as
follows:

a) Disability refers to 1) a physical or mental impairment

that substantially limits one or more psychological,

physiological or anatomical function of an individual or

activities of such individual; 2) a record of such an
impairment; 3) being regarded as having such an

impairment;



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b)

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Impaixment refers to any loss, diminution or aberration
of psychological, physiological or anatomical structure or
function;

Handicap xefers to a disadvantage for a given individual,

resulting from an impairment or a disability, that limits or

prevents the function or activity that is considered normal
given the age and sex of the individual;

Persons with disabilities (PWD) refer 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;
Marginalized/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 );
Children and youth with special needs refer
to those who are gifted and are fast learners and those who
are disabled, impaired and handicapped and in need of
special education as well as services for rehabilitation. They

differ from the average children in (1) mental characteristics;



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(2) sensory abilities; (3) neuromuscular or physical

characteristics; (4) social attributes; and (5) have multiple

handicaps; and/or (6) have a developmental lag to such an

extent that requires the use of modified school practices or

special education services to develop them to maximum

capability. They may fall within the ages 0-21 years and

may be classified as follows:

Gifted children and Fast learners
are those capable of superior performance and these
include those with demonstrated achievement or
potential ability in one 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.

.. Students/Children with Menta! —_Retardation/

Intellectual disability are those who have substantial

limitation in present functioning characterized by



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significant sub-average intellectual functioning,
existing concurrently with related limitations in two
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.

. Students/ 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 enlarged print or regular or

regular print under special conditions.

. Students! Children with Hearing Impairment

are those who are deaf or hard-of-hearing. Deaf
persons are those whose hearing are non-functional
for ordinary purposes in life. The hard-of-hearing
have sense of hearing which, although defective, is

functionai with or without a hearing aid.

. Students/Children with Behavior Problems

are 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.



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6. Students/Children with

Orthopedic/Physical Handicap are those
whose impairment permanently or temporarily
interferes with the normal functions of the joints,

muscles or limbs.

. Students/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 like cardiac
(heart) diseases, asthma, diabetes, tuberculosis and
other respiratory ailments, carcenonza, epilepsy,

malnutrition and others.

. Students/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 such
conditions as perceptual handicap, brain injury,
minimal brain dysfunction, dyslexia__and

developmental aphasia.

). Students/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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10. Students/Children with Autism are those with

developmental disabilities, having onset before 30
months of age 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.

. Students/ Children with Multi-Handicaps are those

with more than one disability such as the deaf-
blind, those with autism and with intellectual

disability and others.

) Auxiliary aids and services are services that

are basically non-education, but impinge on the education

process of the child with special needs. These include:

therapy;

2. qualified interpreters or other effective methods of

delivering materials to individuals with hearing

impairments;

. qualified readers, taped tests or other effective

methods of delivering materials to individuals with

visual impairments;

. acquisition or modification of equipment or

devices;



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5. other similar services and actions or all types of aids
and services that facilitate the learning process of
people with mental disability.

Special instructional materials refer to
textbooks in Braille, large type or any other medium or any
apparatus that convey information to a student or otherwise
contributes to the learning process.

Private sector participation refers to all forms
of indispensable, substantial and meaningful participation of
private individuals, partnerships, groups or entities,
community-based organizations or non-governmental
organizations in the delivery of educational and
rehabilitative services for students and children with special
needs.

Basic Education refers to at least six (6) years of
elementary education and at least four (4) years of secondary
education including pre-school education.

Special Education refers to basic education that
takes into account the special needs of both disabled children
and gifted children that requires a systematic and deliberate
process for them to achieve functional literacy and which
will bring the individual to the highest level of his potential
and capacity. It is also defined as that type of education

tailored to meet the needs of children who cannot profit

because of disabilities or exceptional abilities. The trend in



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SPED is towards integration with the education of normally-
abled children.

» Functional literacy refers to the level of literacy
necessary for the student or child to become a useful citizen
and effective member of the society.

SEC. 5. Coverage. — This Act shall cover all students and CSNs nationwide.

SEC. 6. Creation of the Bureau of Special Education. — To attain the
objectives of this Act, the Bureau of Special Education (BSPED), hereinafter referred
to as the Bureau, is hereby created to institutionalize and govern special education in
the Philippines. The Bureau is primarily tasked with the formulation and
administration of an appropriate curriculum and developmentally-suited programs to
primarily achieve functional literacy of the students/children with special needs and
ensure their integration to society. The full continuum of educational services shall
also be made available by the Bureau to those CSNs below school age through regular
home visits, consultations, day care activities and any proper medium or program.

The BSPED shall function as a regular bureau of the DepEd under the direct
supervision of the Department Secretary and shall be headed by a Director and
Assistant Director.

Three Division Chiefs shall serve as heads for the (1) Gifted Children Division
(GCD); (2) Children with Disabilities Division (CDD) and the (3) Special Services
and Auxiliary Aids Division (SSAAD), and whose staff shall be equitably distributed
in accordance with the current needs and concerns of their respective divisions. They
shall assist the Director in the formulation, implementation and improvement of the

framework and components of the Special Education Program.



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The Philippine Printing House for the Blind under the existing organizational
structure of the DepEd shall become part of the SSAAD and shall take charge of the
production of materials that convey information to a student or otherwise contribute to
the learning process.

SEC. 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.
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 children with special needs integrated/included in regular
schools; b) assist in the conduct of school-based training; c) produce appropriate
teaching materials; and d) conduct assessment of children with speciai needs. It shall
also be the responsibility of the SPED Centers to assist and facilitate the
transfer/admission of qualified children with disabilities to post-secondary or tertiary
education institutions and monitor the same,

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 children with special
needs shall henceforth be classified as SPED teachers.

‘There shall be an assistant principal for each SPED Center. He/she shall
administer and supervise the alternative educational programs, early intervention

programs, monitoring, supervision and technical assistance and human resource



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training/SPED personnel enhancement programs, referral and placement procedures,
advisory services and other components of the special education program in his/her
jurisdiction, He/she shall also be responsible for the formation and supervision of
placement committee under his/her jurisdiction as well as in the resolution of
disagreements on placement and services.

‘The SPED teachers and school administrators managing special education
centers and special schools shall be assigned a salary grade which is three (3) salary

grades higher than that of a regular teacher and school administrator respectively.

SEC. 8. Other Personnel of SPED Centers. - One (1) educational
psychologist or psychometrician, one (1) physical therapist, one (1) occupational
therapist, one (1) speech and language therapist/speech correction teacher and one (1)
education supervisor for each city and province shall comprise the administrative core
and placement committee of the SPED unit in the area. They shall also be jointly
tasked to develop and maintain a data bank in special education in their respective

jurisdictions. The placement committee shall, among others, ensure that students 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 schools or travel the
shortest distance possible in the availment of educational services, in consultation
with, and active participation of, parents.

SEC. 9. Itinerant SPED Teachers. ~

inerant SPED teachers shall also be
appointed whenever necessary. He/she shall assist isolated or remote schools with
specialized equipment, individual programs, curriculum adjustment, teaching aids and
building modifications.

SEC. 10. Authority of the Secretary of Education to Give Grants to, or Enter

Into Cooperative Arrangements for the Creation of SPED Centers. — The Secretary



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of Education is hereby authorized to give grants to, or enter into cooperative
arrangements or contracts with public or private non-profit agencies, institutions or
organizations for the establishment or creation of SPED centers for children with
special needs: Provided, That a grant made pursuant to this Section may be made only
for the following or similar programs:
(a) technical assistance of SPED centers providing educational assistance for
CSNs;
(b.) pre-service or in-service waining of professionals or related services
personnel preparing to serve or serving CSNs;
(c.) replication of successful innovative approaches to providing educational
or related services to CSNs;
(q.) facilitation of parental involvement in the education of their CSNs;
(e.) diagnosis and educational evaluation of CSNs at risk of being certified
CSNs;
(f) consultative, counseling and training services for the families of CSNs;
(g.) familiarization of the municipality or city to be served by a SPED center
with the problems and potentialities of such children;
SEC. 11. Provision for Continuing Research to Identify Special Needs of
CSNs. ~The Bureau by itself or in association with such organizations or institutions
as determined by the Secretary of the DepEd to be appropriate, shall undertake
continuing research to identify and design programs that shall meet the full range of
needs of the CSNs: Provided, That such continuing research shall also be used to
develop instructional techniques for use by the SPED Centers that will improve the
acquisition of CSNs of skills necessary for transition to independent living,

vocational training or competitive development: Provided, finally, That such



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continuing research shall further be used to design physical education and therapeutic
recreation program for use by the Centers to increase the potential of CSNs for
community participation.

SEC. 12. Student Assistance. ~ The Bureau 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,
transportation allowance, food allowance, board and lodging allowance, book
allowance, 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 wheelchair, 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 and at discounted rates to deserving students and at very
affordable rates in general through a reasonable funding scheme that shall be designed
by the Bureau.

SEC. 13. 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 clinics, hospitals and other health facilities, or cannot be
obtained by reason of critical immediacy or the need to obtain a more specialized or

advanced treatment, CSNs shall be entitled to a grant of twenty percent (20%)



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discount from the services of private hospitals and clinics: Provided, that these private
hospitals and clinics may claim the cost as tax credit.

SEC. 14. Nutritional Programs. ~The nutritional programs for CSNs shall be
supervised by the National Nutrition Council (NNC) and the Department of Health
(DOH) in coordination with the local government unit health officer.

SEC. 15. Establishment of Specialized Day Care Centers. ~ Day care centers
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 also be established near or within existing SPED
centers or those that will be created by the Bureau with the support of the Department
of Social Welfare and Development (DSWD) and local government unit (LGU) in the
area. As far as practicable, existing day care centers and facilities shall be maximized.

SEC. 16. Recreational and Artistic Opportunities. — The Bureau shall

institute a program for students or children with special needs to afford them full

opportunities for safe and wholesome recreation and activities, individual as well as
social, for the wholesome use of his leisure hours and for the advancement of their
physical, mental, social and cultural development.

SEC. 17. Continuing Education and Assistance to Teachers/Instructors of
‘Students with Special Needs. ~ The Bureau 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



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personnel like interpreters, psychologists, social workers and others also involved in
‘the education and rehabilitation of the child.

The Bureau 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 post-graduate studies education program shall be designed to
benefit SPED teachers and other personnel of SPED centers. The manner of selection
of such institution shall be provided under the Implementing Rules and Regulations of
this Act.

SEC. 18. Parent, Sibling and Caregiver Education. — There shall be a formal
training and counseling program for parents, siblings and caregivers of CSNs for them
to acquire a working knowledge of special education, gain an understanding of the
psychology of children with special needs, be aware of their crucial role as educators
so that they maximize their knowledge and skills to attain the optimum development
of the potentials of the child.

SEC. 19. Special Instructional Materials, - Publishers shall grant to the
DepEd through the Special Services and Auxiliary Aids Division (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 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


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loaned to the public school district and are to be returned to SSAAD when no longer
needed.

SEC. 20, Incentives to Private Sector Participation. — Partnership between
the government and private institutions catering to the needs of students/children with
special needs shall be encouraged. All profits and income generated by the Special
Education Center derived from its fundamental function as an educational 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 sold. Economic, technical and cultural books and/or
publications shall be imported duty-free upon certification by the Department of
Education that such imported books and/or publications are for economic, technical,
vocational, scientific, philosophical, historical or cultural purposes, in accordance
with the provisions of the tariff and customs code, as amended.

SEC. 21. Local Government Unit Participation. — The local government units
(LGUs) shall be responsible for the:

A. Provision of buildings or centers which are PWD-friendly and sites

Where there are no existing school facilities that will house the special
education of children/students with special needs, as well as the
establishment of day care centers as mentioned in Sec. 15;

B, Organization of one (1) parent-teacher association in every school in their

respective jurisdictions offering special education to students/children with

special needs;



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C, Identification, coordination and the tapping of public or private volunteers
and private organizations, national or intemational, for information
dissemination campaigns, funding programs and other projects to augment
the funding for SPED programs and equipment, among others;

D. Provision of counterpart funds for the training and seminars of parents and
teachers and nutritional programs for the students/children with special
needs in their respective localities to be determined by the Bureau, in
coordination with the Department of Budget and Management (DBM) and
the Department of Finance (DOF).

SEC. 22. Public Information, Education and Communication, ~ A
nationwide information dissemination campaign on the prevention, early
identification and intervention programs for children with special needs shall be
intensified. This shall be the joint responsibility of the Philippine Information Agency
(PIA), Couneil for the Welfare of Children (CWC) and the DepEd. The DepEd, in
collaboration with the Department of Health (DOH) and Department of Labor and
Employment (DOLE), shall also disseminate materials and information concerning
effective practices in working with, training and educating CSNs.

SEC. 23. Appropriations. - The Secretary of the DepEd shall immediately
include in the DepEd program the implementation of this Act, the funding of which
shall be included in the Annual General Appropriations Act.

SEC. 24. Implementation. - The DepEd through the BSPED in coordination
with the DILG, DOH, DOF, CWC and 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.