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

SIXTEENTH CONGRESS
First Regular Session

557
House Bill No. _

Introduced by Representative Emmeline Y. Aglipay, DIWA

EXPLANATORY NOTE

Ensuring the health, happiness, and full development of the nation’s children is the paramount
duty of every Filipino, as well as the State. However, certain categories of children -- such as the
gifted, and the disabled — have needs that are unique and distinct from those of other children,
and as such, it is imperative that the government provide the proper and particular infrastructure
in order that these Children with Special Needs be identified, and nurtured to their full potential

This bill, in line with the bills filed in the 15th Congress that were consolidated into House Bill
no, 6547, seeks the creation of Special Education Centers that will serve as the front line in the
government's efforts to ensure that our children have no needs left unmet, no matter how special
those needs may be

EMMELINE Y. AGLIPAY
Representative, DIWA Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

Bry
HOUSE BILL NO. Rhee

Introduced by Representative Emmeline Y. Aglipay, DIWA Party-list

HING AT LEAST ONE (1) SPECIAL EDUCATION (SPED)
ER FOR EACH SCHOOL DIVISION AND AT LEAST THREE (3) SPED
CENTERS IN BIG SCHOOL DIVISIONS FOR CHILDREN WITH SPECIAL NE

(CSN), PROVIDING GUIDELINES THEREFOR AND FOR OTHER PURPOS!

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

SECTION I. Short Title. - This Act shall be known as the “Special Education (SPED)
Act of 2013.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
protect and promote the rights of children with special needs (CSN) to quality education
and to take appropriate steps to make such education accessible to them, The State
recognizes their vital role in society and endeavors to include their needs as integral part of
national development strategies.

It is also the policy of the State to give full support for their welfare and development
ensure their full integration in society, as well as facilitate their active participation in the
affairs of the State. Towards this end, and also pursuant to the 1987 Constitution (Section
13, Article II, Section 13, Article XIII; and Sections | and 2, paragraphs 1 and 3, Article
XIV), Article 3 of Presidential Decree No. 603 (The Child and Youth Welfare Code) and
Sections 12, 13 and 14 of Republic Act No. 7277 (Magna Carta for the Disabled), the State
shall institutionalize an. adequate and relevant educational program for every CSN through
the establishment of SPED centers and the provision of vital support mechanisms for the
said program. Thus, all CSN, at any degree of sensory, physical or intellectual disability or
needs, shall have the opportunity to develop in an environment that is most consistent with
the provision of a quality education that meets their needs.

SECTION 3. Definition of Terms. - For purposes of this Act, the following terms are
defined:


(a) Disability is the way in which an impairment restricts the actions or abilities of a
person, a restriction or lack (resulting from an impairment, as defined below) of ability to

perform an activity in the manner, or within the range, considered normal for a human

being within an identical context, considering factors such as age and gender. Impairments

are disturbances at the level of the org:

n which include defects in or loss of a limb, organ

or other body structure, as well as defects in or loss of a mental fun

(b) Impairment refers to any loss, diminution or aberration of psychological,
physiological or anatomical structure or funetion

(c) Handicap refers to a disadvantage of an individual, resulting from an impairment or
a disability, that limits or prevents the function or activity that is considered normal

(depending on age, sex and social and cultural factors) for that individual
() Persons with disabilities (PWD) refer to those suffering from disabilities as defined

above, including those who have long-term physical, mental, intellectual or sensory

impairments which, in interaction with various attitudinal and environmental barriers

hinders their full and effective participation in society on an equal basis with others

(&) — Marginalized disadvantaged persons with disabilities refer to disabled persons who
lack access to rehabilitative services and educational opportunities due to poverty,
s of this Act, the

abandonment, illness, or other reasons beyond their control. For purpos
word “poverty” refers to the state of persons who either have no means of livelihood, or
have incomes below the poverty threshold as determined by the National Statistics
Coordinating Board (NSCB),

(0) Children with special needs (CSN) refer to those who are gifted or are fast learners;
as well as those who are disabled, impaired or handicapped and in need of special
education, and/or services for rehabilitation. They differ from the average children in
sand

mental characteristics, sensory abilities, neuromuscular or physical charactei
social attributes, to such an extent that requires 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 intelfigence), 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 schools:

(2) Children with intellectual disability are children who have a significantly reduced
ability to understand new or complex information, and/or to learn and apply new skills,
often leading to a reduced ability to cope independently:



(3) Children with visual impairment are those who are blind or have low vision
Persons are blind if, after maximum correction, they have visual acuity of 20/200 or less in
the better eye, or a visual field that is limited to only 20 degrees. Low vision refers to
persons who are unable to read, at normal distance, the size of print found in everyday
material, such as newspapers, even with the aid of eyeglasses or contact lenses;

(4) Children with hearing impairment are those who are deaf or

hard-of-hearing. A person who, without amplification, cannot detect sound at an amplitude
of 20 decibels in a frequency range of from 800 to 1,800 vibrations per second is said to be
hard of hearing, Deaf persons are those whose hearing is nonfunctional for ordinary
purposes in life, even in the presence of amplification;

(8) Children with behavior problems are those who act in a severely disruptive manner
that is not in line with their age or state of development, such that it may be characterized
as pathological, and severely detracts from the learning efforts of their classmates, and
their interpersonal relations,

(6) Children with orthopedic /physical handicap are those whose impairment
permanently or temporarily interferes with the normal functions of the joints, muscles or
limbs:

(7) 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 illnesses such
as cardiac (heart) diseases, asthma, diabetes, tuberculosis and other respiratory ailments

carcenonza, epilepsy, malnutrition and others,

(8) 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 or developmental aphasia,

(9) Chikiren 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:

(10) Children with autism are those with a developmental disability that significantly

affecting verbal and nonverbal communication and social interaction, generally evident
before age three, that adversely affects a child's educational performance. Other
characteristics often associated with autism are engagement in repetitive activities and
stereotyped movements, resistance to environmental change or change in daily routines,

and unusual responses to sensory experiences. Children afflicted with this disorder have
ind

perceptual, cognitive, communication and social needs which change over time
(11) Children with multi-disabilities 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 noneducational, but
enhance 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,

es


(4) Acquisition or modification of equipment or devices; and
(5) Other similar services and actions or all types of aids and services that facilitate the
learning process of CSN

(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

() Private sector participation refers to all forms of indispensable, substantial and
meaningful participation of private individuals, partnerships, groups or entities,
-based organizations or nongovernmental organizations, in the delivery of
‘vices for students and CSN.

communit

educational and rehabili

(i) Basic education refers to kindergarten, at least eight (8) years of elementary education

and at least four (4) years of secondary educa

(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

(1) 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.

SECTION 4. Coverage. - This Act shall cover all students and CSN nationwide
SECTION 5. 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

Each SPED center shall function as the resource center for the implementation of inclusive
education programs that will enable regular schools to adapt to the needs of CSN. They
shall

(a) Support the integration/inclusion of CSN in regular schools;

(b) _ Conduet school-based training of CSN;

(c) Produce appropriate teaching materials for CSN; and

(4) Conduct assessments of CSN.

It shall also be the responsibility of the SPED centers to assist, facilitate and monitor the
transfer/adm’ssion of qualified children with disabilities to post-secondary or tertiary
education institutions


Each SPED center shall have specialized teachers (SPED teachers) who have the training
to handle children and youth with particular special needs, who may include, but shall not
be limited to, the types of children included in the definition of CSN in Section 4

Regular teachers currently handling special education of CSN shall henceforth be
classified as SPED teachers.

There shall be a SPED Supervisor for each SPED center who shall administer and

supervise 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 SPED Supervisor 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

SECTION 6. Other Personnel of 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,

(4) 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 on special education
in their respective jurisdictions. The placement committee, in consultation with and active
participation of parents, among others, shall 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 to
avail of educational services

SECTION 7. Itinerant SPED Teachers. - 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.

SECTION 8. Authority of the Secretary of Education to Give Grants to or Enter into
Cooperative Arrangements for the Creation of 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 for 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 successfull innovative approaches in providing educational or related
services to CSN;


(@) Facilitation of parental involvement in the education of their CSN;

(@) _ Diagnosis and educational evaluation of CSN:

(8 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 potential.ties of such children

SECTION 9. Continuing Research to Identify Needs of CSN. - The 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 research may further be used to design physical
education and therapeutic recreation program for use by the centers to increase the
potential of CSN for community participation

SECTION 10.Student A
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.
zed or disadvantaged persons

sistance. - The DepED shall provide financial assistance to

training programs, subsidies, and other incentives. Marginal
with disabilities 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 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

SECTION 11. Medical A
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 service 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

rance. - The DepED shall prepare a scheme that will ensure

may claim the cost as tax credit

SECTION 12. Nutritional Programs. - The nutritional programs fer different types of
CSN shall be supervised by the National Nutrition Council (NNC) and the Department of
Health (DOH), in coordination with the LGU health officer, as well as organizations that
have an expertise or experience in the needs of the particular type of CSN concerned.


SECTION 13. Establishment of Specialized Day Care Centers. - Day care centers
specially designed for preschool children and their parents, where early identification of
disabilities and specia! needs, and personalized 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 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 ex’sting day care centers and facilities shall be maximized.

SECTION 14. Recreational and Artistic Opportuni  - The 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

SECTION 15. Remuneration and Benefits. Tax Exemption. - The SPED teachers and
SPED centers and special schools shall be assigned a

school administrators manag:

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
involved

support personnel like interpreters, psychologists, social workers and others als
in the education and rehabilitation of the child. Furthermore, income of the SPED teachers
and support personnel derived directly from their work with the SPED Center and CSN
shall be exempt from income tax

The DepED 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
id other

postgraduate education program shall be designed to benefit SPED teachers
personnel of SPED centers. The manner of selection of such institution shall be provided
under the implementing rules and regulations of this Act

SECTION 16. Parent, Sibl

training and counseling program for parents, siblings and caregivers of CSN for them to
of the

ng and Caregiver Education, - There shall be a formal

acquire a working knowledge of special education, gain an understand
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

SECTION 17. 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 special
instructional purposes for CSN and their teachers.

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

SECTION 18. 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 educational institution shall be exempt from income tax. Any donation, contribution,
bequest and grant which may be made to the center shall be exempt trom donor's tax and
income in the

the same shall be considered as allowable deduction from the gros
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

SECTION 19. Local Gover
for the following

(a) Providing (1) buildings or centers which are Cs
able school sites where there are as yet no existing school facilities.

ent Unit Participation. - The LGUs shall be responsible

-friendly, or adapting the

same:(2)_ providing
that may be used for the special education of CSN; (3) well as the establishment of day
care pursuant to Section 14 hereof,

(6) Organization of at least one (1) parent-teacher association for CSN in every school
offering special education in their respective jurisdictions,

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

(d) Provision of counterpart funds for the training and seminars of parents and
teachers, and nutritional programs for the CSN in their respective localities to be
determined by the DepED. in coordination with the Department of Budget and
Management (DBM) and the Department of Finance (DOF)

SECTION 20. Public Information, Education and Communication. - A nationwide
information dissemination campaign on the prevention, carly identification and
intervention programs for CSN shall be intensified This shall be the joint responsibility of
the Philippine Information Agency (PIA), the Council for the Welfare of Children (CWC)
and the DepED. 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

SECTION 21, Appropriations. - The Secretary of the DepED shall immediately include


in the Department's programs the implementation of this Act, the funding of which shall
be included in the anual General Appropriations Act

SECTION 22 Implementing Rules and Regulations. - The Secretary of the DepED , in
n with the Council for the Welfare of Children (CWC) , and private individua
. and/or study of CSN, shall issue

consult:
and entities vith expertise in the teaching, handling, ¢

the necessary rules and regulations for the effective implementation of this Act within
ninety (90) days after its effectivity

ion of this Act is declared

SECTION 23. Separability Clause. - If any prov
unconstitutional, the same shall not affect the validity and effectivity of the other

provisions hereof,

SECTION 24. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, rules and regulations or parts thereof inconsistent with the

provisions of this Act are hereby repealed or modified accordingly

SECTION 25. Effectivity Clause. - This Act shall take effect fifleen (15) days from its

publication in the Official Gazette or at least two (2) national newspapers of general circulation

Approved

10