REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
Second Regular Session

HoUSEBAL No. _55'72

Introduced by HON. IRWIN C. TIENG
and HON. MARIANO MICHAEL M. VELARDE

EXPLANATORY NOTE

Every student has a right to be admitted in an institution of higher education of
his choice. It is a right enshrined in Article XIV Sec. 1 of the Constitution which provides
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 such education accessible to all.

This Bill seeks to prohibit discrimination on the basis of disability in connection
with admission of any public or private institution of higher education inchiding
vocational and technical, tertiary, graduate and post graduate fevels. Discrimination of

” this kind is a violation of his inherent dignity and worth. Thus, educational institutions
are expected to make reasonable adjustments to meet the needs of students with
disabilities.

MARIANO MICHAEL M. VELARDE



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
Second Regular Session

House BILL No, 5572

Introduced by HON. IRWIN C. TIENG
and HON. MARIANO MICHAEL M. VELARDE

AN ACT
TO PROHIBIT DISCRIMINATION ON THE BASIS OF DISABILITY IN CONNECTION
WITH ADMISSION TO AN INSTITUTION OF HIGHER EDUCATION, AND FOR
OTHER PURPOSES

BE IT ENACTED by the Senate and House of Representatives of the Philippines
assembled,

Chapter 4
GENERAL PROVISION

Section 1. Short Title. - This Act shall be known as Access to Higher Education for
‘Students with Disabilities Act of 2011.

Section 2. Declaration of State Policy. - The State shall ensure that disabled persons.
‘are provided with access to quality education and ample opportunities to develop their
‘skilts.

Towards this end, the State shall require educational institutions to observe the
‘special needs of disabled persons in order to facilitate their leaning process.

Section 3. Coverage. - This Act applies to any public or private institution of higher
education including vocational and technical, tertiary, graduate and post graduate
levels.

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

(a) Auxiliary Alds include large print and taped material, interpreters, and other aids
for persons with impaired cognitive, sensory, motor or speaking skills.

(0) Accommodations include the use of auxiliary aids in classroom settings;
allowances for time and energy level considerations such as reduced course
loads, additional time for taking exams and the likes; substitutions of other
acceptable assignments, courses, tests or test formats when necessary to
ensure equal access for individuals with disabilities; physical modifications such
as ramps, elevators, lifts, curb cuts and the likes.

{c) Institution of Higher Education refer to any private or public academic

institution offering any or all courses in vocational and technical, tertiary,
Graduate and post graduate levels.


{d) Student with Disability refers to any student who has a physical or mental
condition, which substantially limits one or more major life activity or has a record
of such a condition.

{e) Physical Disability refers to any physical condition, anatomic loss, or cosmetic
disfigurement, which is caused by bodily injury, birth defect or illness.

() Mental Disability includes:

(1) developmental disabilities;

(2) an organic or mental condition that has substantial adverse effects on an
individual's cognitive of volitional functions, such as central nervous
system disorders; significant discrepancies among mental functions of an
individual, including any mental or psychological disorder, such as head
injury; emotional or mental illness; and specific leaming disabitities.

() Major Life Activities shail mean functions such as caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, working,
and experiencing leisure.

(h) Program or Activity refers to academic majors and degree plans, including
coursework and practice; research; occupational training; housing; counsetling:
financial aid; physical education; athletics; recreation; transportation; student
organizations; placement; and any other programs offered by the institution of
higher education.

() Qualified Student with Disability means:

(1) With respect to higher education services, student with disability who
meets the academic or technical standards for admission or participation
in the program or activity given appropriate accommodations.

(3) With respect to any other program or activity, student with disability who
Meets the essential eligibility requirements for participation in, or receipt
from, that program or activity given appropriate accommodations.

Chapter 2
ADMISSION, RECRUITMENT
AND TREATMENT OF STUDENTS

Section 5. Admission and Recruitment. - Qualified student with disability may not, on
the basis of his disability, be denied admission or be subjected to discrimination in
admission or recruitment by an institution of higher education.

Section 6. Guidelines. - In administering ite admission policies, an institution of higher
education:

(1) May not apply limitations upon the number or proportion of students with disabilities
who may be admitted;

(2) May not make use of any test of criterion for admission that has a disproportionate,
adverse effect on any student with disability unless:

(i) The test or criterion, as used by an institution of higher education, has been
validated as a predictor of success in the program or activity in question and


(i Altemate tests or criteria that have a fess disproportionate, adverse effect are
Not shown to be available.

(3) Shall assure itself that

(0 Admission tests are selected and administered in such a way that the test
results accurately reflect the applicant's aptitude or achievement level or
whatever other factor the test purports to measure, rather than reflecting the
applicant's impaired sensory, manual, or speaking skills except where those skits
are the factors that the test purports to measure;

(i) Admission tests that are designed for students with impaired sensory, manual,
or speaking skills are offered as often and in as timely a manner as are other
admission tests; and

(ti) Admission tests are administered in facilities that, on the whole, are
accessible to student with disability, and

(4) May not make preadmission inquiry as to whether an applicant for admission is
disabled but, after admission, may make inquiries on a confidential basis as to the state
of disability that may require accommodation.

Section 7. Treatment of Students. - (1) No qualified student with disability shall, on the
basis of his disability, be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any academic, research, occupational
training, housing, health insurance, counselling, financial aid, physical education,
athletics, recreation, transportation, other extracurricular, or other educational aid,
benefits, or services.

(2) An institution of higher education that considers participation by students in
programs or activities not operated wholly by the institution shall assure itself that the
other program or activity, as a whole, provides an equal opportunity for the participation
of qualified person with disability

(3) An institution of higher education shall operate its program or activity in the most.
integrated setting appropriate.

Chapter 3
ACADEMIC ADJUSTMENTS

Section 8. Academic Requirements. - An institution of higher education shall make
‘such modifications to its academic requirements as are necessary to ensure that such
requirements do not discriminate or have the effect of discriminating a qualified
applicant or student with disability. Modifications may include changes in the length of
time permitted for the completion of degree requirements, substitution of specific
courses required for the completion of degree requirements, and adaptation of the
manner in which specific courses are conducted.

Section 9. Evaluation. - An institution of higher education shall provide methods for
evaluating the achievement of student with disability to ensure that the same represents
the student's achievement in the course, rather than reflecting the student's impaired
sensory, manual, or speaking skills except where such skills are the factors that the test
purports to measure.


Chapter 4
AUXILIARY AIDS

Section 10, Non-discrimination Against Abeence of Auxiliary Alds. - An institution
of higher education shall take steps as are necessary to ensure that no student with
disability is denied the benefits of, excluded from participation in, or otherwise subjected
to discrimination in the absence of educational auniliary aids for students with impaired
sensory, manual, or speaking skills, unless the said institution can demonstrate that
offering a particular auxiliary aid or service woukd fundamentally alter the course or
would result in an undue burden.

Section 11. Prescribed Auxiliary Aids. - Auxiliary aids may include taped texts,
interpreters or other effective methods of making orally delivered materials available to
‘students with hearing impairments, readers in fibraries for students with visual
impairments, classroom equipment adapted for use by students with manual
impairments, and other similar services and actions. Institution of higher education
need not provide attendants, individually prescribed devices, readers for personal use
or study, or other devices or services of a personal nature.

Chapter &
HOUSING ACCOMMODATIONS AND
FINANCIAL ASSISTANCE TO STUDENTS

Section 12. Housing. - An institution of higher education that provides housing to its
students shall likewise provide comparable, convenient, and accessible housing to
students with disabilities. Such housing shall be available in sufficient quantity and
variety so that the scope of students with disability’s choice of living accommodations is,
as a whole, comparable to that of other students.

Section 13. Financial Assistance. - (14) In providing financial assistance to qualified
‘student with disability, an institution of higher education may not,

(i) On the basis of his disability, provide less assistance than is provided to other
‘students, or limit eligibility for assistance, or otherwise discriminate or

(ji) Assist any entity or person that provides assistance to any students of the
institution of higher education in a manner that discriminates against qualified
student with disability.

(2) An institution of higher education may administer or assist in the administration of
scholarships, fellowships, or other forms of financial assistance established under wills,
trusts, bequests, or similar ‘egal instruments that require awards to be made on the
basis of factors that discriminate or have the effect of discriminating students with
disability only if the overall effect of the award of scholarships, fellowships, and other
forms of financial assistance is not discriminatory.

Chapter 6
NON-ACADEMIC SERVICE

Section 14. Physical Education and Athletics. - (1) An institution of higher education
that offers physical education courses or that operates or sponsors intercollegiate, club,
of intramural athletics shall provide to qualified students with disabilities an equal
opportunity for participation in these activities.


(2) An institution of higher education may offer to students with disabilities physical
education and athletic activities that are separate or different only if separation or
differentiation is consistent with the requirements of Chapter 4 of this Act and only if no
qualified student with disability is denied the opportunity to compete for teams or to
Participate in courses that are not separate or different.

Section 16. Counsalling and Placement Services. - An institution of higher education
that provides personal, academic, or vocational counselling, guidance, or placement
services to its students shall provide these services without discrimination to students
with disabilities, It shail ensure that qualified students with disability are not counselled
toward more restrictive career objectives than other students with similar interests and
abilities. This requirement does not preclude an institution of higher education from
providing factual information about licensing and certification requirements that may
present obstacles to students with disabilities in their pursuit of particular careers,

Section 16. Soclal Organizations. - An institution of higher education that provides
significant assistance to fraternities, sororities, or similar organizations shall assure itsetf
that the membership practices of such organizations do not permit discrimination
otherwise prohibited by this section.

Chapter 7

CREATION OF OFFICE OF DISABILITY AFFAIRS
Section 17. Grestion of Office Disability Affaire. — Each institution of higher
education is mandated to create an Office of Disability Affairs. The head of the Office
shall be directad to:

(1) Ensure that courses, programs, services, and activities are accessible to students
with disabilities,

(2) Provide information in accessible formats to students with disabilities.

(3) Review student applications and documentation to determine eligibility for services
and make recommendations for accommodations.

(4) Coordinate reasonable accommodations and services for students with disabilities.
(5) Maintain appropriate confidential records and communication.
(6) Serve as a liaison between students with disabilities and faculty.

(7) Serve as a resource on disability issues for the postsecondary education provider
community.

(8) Perform such other duties and functions as may be needed to fulfil the requirements
of this Act.

Chapter 8
FINAL PROVISIONS

Section 18. Penal Clause. - (a) Any person who violates any provision of this Act shall
‘suffer the penalty of a fine of not fess than Twenty thousand pesos (P20,000.00) but not
exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less:
than one (1) month but not more than one (1) year, or both at the discretion of the court,
and


(b) If the violator is a corporation, organization or any similar entity, the officials thereof
directly invotved shall be liable therefor.

(c) f the violator is an alien or a foreigner, he shall be deported immediately after
service of sentence without further deportation proceedings.

Section 19, Enforcement. - The Department of Justice and the Commission on Higher
Education shall promulgate the necessary mules and regulations to camy out the
provisions of this Act.

Section 20, 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 21. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to, or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

Section 22. Effectivity Clause. - This Act shail take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.

Approved,