1
Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
EXPLANATORY NOTE 
This proposed measure seeks to institutionalize special education (SPED) in the 
Philippines. This bill mandates that in ordinary schools with no SPED centers, 
at least one (1) SPED center must be built for each school division, and big school 
divisions must have at least three (3) SPED centers. Every SPED center must 
have qualified instructors who can work with children with special needs, such 
as those with autism, visual impairment, hearing impairment, learning 
disabilities, behavioral issues, multiple disabilities, mental retardation or 
handicap, or mental giftedness, among others. 
This bill creates a Bureau of Special Education (BSPED) under the Department 
of Education which must conduct ongoing research to assess and create 
programs that will fully address the needs of Children with Special Needs (CSNs). 
The BSPED will strengthen the right of teachers or instructors to professional 
advancement and make sure that the teaching staff will draw in the best talent 
available through adequate pay, scholarship, and training grants, teacher 
exchange programs, incentives and allowances, and other means of ensuring 
their long and stable tenure in their respective posts. 
For parents, siblings, and caregivers of CSNs, there will be a formal training and 
counseling program to help them learn about special education, understand the 
psychology of CSNs, and understand their crucial role as educators so they can 
maximize their knowledge and abilities to achieve the best possible development 
of the child's potentials.  
Hence, the passage of this measure is sought.   
RUDYS CAESAR G. FARIÑAS I 
March 6, 2023
5:22 pm
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Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
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 FOR THE PURPOSE THE BUREAU OF SPECIAL EDUCATION AND 
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
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(SPED) Act.” 
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SEC. 2.  Declaration of Policies. – It is hereby declared the policy of the State 
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to protect and promote the rights of children with special needs (CSNs) to quality 
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education and to take appropriate steps to make such education accessible to 
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them.  The State recognizes their vital role in national development and that 
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finding solutions to their problems forms an integral part of national 
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development strategies. 
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It is also the policy of the State to give full support for their welfare and 
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development to ensure their full integration to society as well as to facilitate their 
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active participation in the affairs of the State.  Towards this end, the State shall 
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institutionalize an adequate and relevant educational program for every child 
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with special needs through the following vital support mechanisms.   
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a. Provide access to basic education among CSNs, namely:  the gifted and
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talented, students or children with mental retardation or intellectual
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disability, with visual impairment, with hearing impairment, with
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orthopedic or physical handicap, with learning disability, with speech
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defect, with behavior problems, with autism and those with health
21 
problems through the formal system and other alternative delivery services
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in education;
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b. Ensure that CSNs fully develop their abilities, talents, interests and all 
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aspects of their development to become more responsible for their lives 
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and more effective partners in all of the affairs and concerns of the country; 
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c. Ensure that CSNs understand, appreciate and respect differences 
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amongst groups and members of society and also to understand the 
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nature of society in which they live; 
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d. Inform the parents about the full continuum of services, possible 
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placement options during discussions about their children’s education 
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and other relevant information to enable them to make informed decisions 
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and choices; 
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e. Equip the parents, caregivers and teachers with the capabilities to identify, 
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prevent, refer and intervene with the developmental disorders and 
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disabilities of children as well as in the relevant individual programming 
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or planning for the student where such program differs significantly from 
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the standard curriculum and other matters that enhance the role of 
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parents and other caregivers as the primary educators and caregivers of 
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their children from birth onwards; 
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f. Involve private groups, local government units and national agencies other 
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than the Department of Education (DepEd) in the education of CSNs; and 
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g. Effectuate significant and positive changes in community attitudes 
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towards disability and the need to provide special education, care and 
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other needs of CSNs. 
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SEC. 3.  Definition of Terms. – As used in this Act: 
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a. “Disability” refers to:  (1)  a physical or mental impairment that 
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substantially limits one or more psychological, physiological or anatomical 
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function of an individual or activities of such individual; (2)  a record of 
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such an impairment; and (3) being regarded as having such an 
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impairment. 
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b. “Impairment” refers to any loss, diminution or aberration of psychological, 
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physiological or anatomical structure or function. 
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c. “Handicap” refers to a disadvantage for a given individual, resulting from 
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an impairment or a disability, that limits or prevents the function or 
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activity that is considered normal, given the age and sex of the individual. 
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d. “Persons with disabilities (PWD)” refer to those suffering from restriction or 
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different abilities, as a result of a mental, physical, sensory or neurological 
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impairment, to perform an activity in the manner or within the range 
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considered normal for a human being. 
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e. “Marginalized or disadvantaged persons with disabilities” refer to disabled 
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persons who lack access to rehabilitative services and educational 
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opportunities due to poverty, abandonment, illness and other forms of 
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neglect.  For purposes of this Act, the word “poor” refers to persons who 
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either have no means of livelihood or have incomes below the poverty 
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threshold as determined by the National Statistics Coordinating Board 
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(NSCB). 
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f. “Children and youth with special needs”  refer to those who are gifted and 
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are fast learners; and those who are disabled, impaired and handicapped 
3 
and in need of special education as well as services for rehabilitation.  They 
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differ from the average children in:  (1)  mental characteristics; (2)  sensory 
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abilities; (3)  neuromuscular or physical characteristics; (4)  social 
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attributes; (5)  multiple handicaps; and (6)  developmental lag to such an 
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extent that requires the use of modified school practices or special 
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education services to develop them to maximum capability.  They may fall 
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within the ages zero to twenty-one (0-21) years and may be classified as 
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follows: 
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1. “Gifted children and fast learners” who are capable of superior 
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performance which include those with demonstrated achievement 
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or potential ability in one or more of the following areas:  general 
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intellectual ability, specific academic aptitude, creative or productive 
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thinking ability, leadership ability, ability in the visual or performing 
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arts and psychomotor ability, or those individuals who consistently 
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manifest the following cluster of traits:  above average ability 
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(including intelligence), high creativity (implies the development 
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appreciation of innovative ideas), high task commitment (related to 
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a high degree of motivation), and those who by reason thereof, 
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require services or activities not ordinarily provided by the school; 
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2. “Students or children with mental retardation or intellectual 
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disability” who have substantial limitation in present functioning 
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characterized by significant sub-average intellectual functioning, 
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existing concurrently with related limitations in two or more of the 
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applicable adaptive skill areas:  communication, self-care, home 
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living, social skills, community use, self-direction, health and safety, 
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functional academics, leisure and work; 
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3. “Students or children with visual impairment” are those who are 
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partially sighted, who have low vision, legally blind or totally blind.  
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Partially sighted indicates some type of visual problem has resulted 
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in a need for special education.  The low vision applies to all 
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individuals with sight who are unable to read the newspaper at a 
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normal viewing distance even with the aid of eyeglasses or contact 
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lenses.  They use a combination of vision and other services to learn, 
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although they may require adaptation in lighting or the size of print 
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and, sometimes, braille.  Persons are legally blind who has less than 
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20/200 vision in the better eye or a very limited field of vision (20 
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degrees at its widest point).  Totally blind students learn via braille 
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or other non-visual media;  
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4. “Students or children with hearing impairment” whose hearing are 
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non-functional for ordinary purposes in life or hard-of-hearing 
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whose sense of hearing, although defective, is functional with or 
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without a hearing aid; 
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5. “Students or children with behavior problems” who cannot adjust to 
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the socially accepted norms of behavior and, consequently disrupt 
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their academic progress, the learning efforts of their classmates and 
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interpersonal relations; 
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6. “Students or children with orthopedic or physical handicap” are those 
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whose impairment permanently or temporarily interferes with the 
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normal functions of the joints, muscles or limbs; 
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7. “Students or children with special health problems” are those who 
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have health conditions that tend to keep children out-of-school or 
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those with chronic or debilitating illness like cardiac (heart) 
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diseases, asthma, diabetes, tuberculosis and other respiratory 
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ailments, carcinoma, epilepsy, malnutrition and others; 
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8. “Students or children with learning disabilities” who although normal 
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in sensory, emotional and intellectual abilities, exhibit disorders in 
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perception, listening, thinking, reading, writing, spelling or 
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arithmetic or who have such conditions as perceptual handicap, 
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brain 
injury, 
minimal 
brain 
dysfunction, 
dyslexia 
and 
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developmental aphasia; 
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9. “Students or children with speech defects” whose speech differs from 
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the average so far as to draw unfavorable attention to the manner of 
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speaking rather than to the thought conveyed; 
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10. 
“Students or children with autism” whose developmental 
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disabilities, having onset before thirty (30) months of age, are 
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marked by disturbance in development, language and relationship 
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with persons, activities and objects which may coexist with 
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intellectual disability and epilepsy or children afflicted with 
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perceptual, cognitive, communication and social difficulties which 
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change over time; and 
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11. 
“Students or children with multi-handicaps” who have more 
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than one disabilities such as the deaf-blind, those with autism and 
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with intellectual disabilities. 
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g. “Special instructional materials” refer to textbooks in Braille, large type or 
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any other medium or any apparatus that convey information to a student 
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or otherwise contributes to the learning process; 
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h. “Private sector participation” refers to all forms of indispensable, 
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substantial 
and 
meaningful 
participation 
of 
private 
individuals, 
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partnerships, groups or entities, community-based organizations or 
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nongovernmental organizations in the delivery of education and 
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rehabilitative services for students and CSNs; 
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i. “Basic education” refers to at least six (6) years of elementary education 
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and at least four (4) years of secondary education including pre-school 
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education; 
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j. “Special education” refers to basic education that takes into account the 
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special needs of both disabled children and gifted children requiring a 
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systematic and deliberate process for them to achieve functional literacy 
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and which will bring the individual to the highest level of his potential and 
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capacity, and defined as the type of education tailored to meet the needs 
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of children who cannot profit because of disabilities or exceptional abilities 
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towards integration with the education of normally-abled children; and 
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k. “Functional literacy” refers to the level of literacy necessary for the student 
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or child to become a useful citizen and effective member of the society. 
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SEC. 4.  Bureau of Special Education. – To attain the objectives of this Act, the 
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Bureau of Special Education, hereinafter referred to as the BSPED, is hereby 
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created to institutionalize and govern special education in the Philippines.  The 
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BSPED is primarily tasked with the formulation and administration of an 
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appropriate curriculum and developmentally-suited programs to primarily 
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achieve functional literacy of the students or children with special needs and 
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ensure their integration to society.  The full continuum of educational services 
10 
shall also be made available by the BSPED to those CSNs below school age 
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through regular home visits, consultations, day care activities and any proper 
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medium or program. 
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The BSPED shall function as a regular bureau of the DepEd under the direct 
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supervision of the Secretary of Education and shall be headed by a director and 
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assisted by an assistant director. 
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There shall be three (3) division chiefs who shall serve as heads for the following: 
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a)  Gifted Children Division (GCD); b)  Children with Disabilities Division (CDD); 
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and c)  Special Services and Auxiliary Aids Division (SSAAD), and whose staff 
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shall be equitably distributed in accordance with the current needs and concerns 
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of their respective divisions.  They shall assist the director in the formulation, 
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implementation and improvement of the framework and components of the SPED 
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program. 
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The Philippine Printing House for the Blind under the existing organizational 
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structure of the DepEd shall become part of the SSAAD and shall take charge of 
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the production of materials that convey information to a student or otherwise 
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contribute to the learning process. 
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SEC. 5.  SPED in Regular Schools. – At least one (1) SPED center for each school 
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division and at least three (3) SPED centers in big school divisions shall be 
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established in regular schools, where there are no existing SPED centers.  These 
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SPED centers shall be administered by the principal of the regular school. 
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The SPED center shall function as the resource center for the implementation of 
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inclusive education that will accept all kinds of children in regular schools.  It 
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shall:  a)  support CSNs to be integrated or included in regular schools; b)  assist 
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in the conduct of school-based training; c)  produce appropriate teaching 
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materials; and d)  conduct assessment of CSNs.  It shall also be the responsibility 
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of the SPED centers to assist and facilitate the transfer or admission of qualified 
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children with disabilities to post-secondary or tertiary education institutions and 
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monitor the same. 
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Each SPED center shall have specialized teachers who can handle children and 
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youth with special needs who may include, but shall not be limited to, those with 
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visual impairment, hearing impairment, autism, learning disabilities, behavioral 
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problems, multiple disabilities, mental retardation or handicap and mental 
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giftedness. 
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Regular teachers currently handling special education of CSNs shall henceforth 
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be classified as SPED teachers. 
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There shall be an assistant principal for each SPED center who shall administer 
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and supervise the alternative educational programs, early intervention 
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programs, monitoring, supervision and technical assistance and human 
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resource training and SPED personnel enhancement programs, referral and 
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placement procedures, advisory services and other components of the SPED 
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program within its jurisdiction.  The assistant principal shall also be responsible 
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for the formation and supervision of a placement committee as well as in the 
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resolution of disagreements on placement and services. 
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The SPED teachers and school administrators managing SPED centers and 
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special schools shall be assigned a salary grade which is three (3) salary grades 
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higher than that of a regular teacher and school administrator respectively. 
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SEC. 6.  Other Personnel. – The administrative core and placement committee 
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of the SPED unit for each city and province shall comprise: 
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a. One (1) educational psychological or psychometrician; 
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b. One (1) physical therapist; 
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c. One (1) occupational therapist; 
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d. One (1) speech and language therapist or speech correction teacher; and 
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e. One (1) education supervisor. 
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They shall also be jointly tasked to develop and maintain a data bank in special 
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education in their respective jurisdictions.  The placement committee shall, 
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among others, ensure that students with disabilities are educated as close as 
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possible to their homes and alongside their age-appropriate peer groups, and 
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that these students attend their local schools or travel the shortest distance 
27 
possible in the availment of educational services, in consultation with, and active 
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participation of parents. 
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SEC. 7.  Itinerant SPED Teachers. – Itinerant SPED teachers shall also be 
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appointed whenever necessary.  They shall assist isolated or remote schools with 
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specialized equipment, individual programs, curriculum adjustment, teaching 
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aids and building modifications. 
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SEC. 8.  Grants or Cooperative Arrangements. – The Secretary of Education is 
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hereby authorized to give grants to, or enter into cooperative arrangements or 
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contracts with public or private non-profit agencies, institutions or organizations 
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for the establishment or creation of SPED centers for CSNs.  A grant made 
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pursuant to this section may be made only for the following or similar programs: 
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a. Technical assistance of SPED centers providing educational assistance for 
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CSNs; 
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b. Pre-service or in-service training of professionals or related services of 
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personnel preparing to serve or serving CSNs; 
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c. Replication of successful innovative approaches in providing educational 
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or related services to CSNs; 
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d. Facilitation of parental involvement in the education of their CSNs; 
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e. Diagnosis and educational evaluation of CSNs at risk of being certified 
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CSNs; 
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f. Consultative, counseling and training services for the families of CSNs; 
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and 
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g. Familiarization of the municipality or city to be served by a SPED center 
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with the problems and potentialities of such children. 
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SEC. 9.  Continuing Research. – The BSPED by itself or in association with 
1 
such organizations or institutions as determined by the Secretary of the DepEd 
2 
to be appropriate, shall undertake continuing research to identify and design 
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programs that shall meet the full range of needs of CSNs.  The continuing 
4 
research shall be used to develop instructional techniques for use by the SPED 
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centers that will improve the acquisition of CSNs of skills necessary for transition 
6 
to independent living, vocational training or competitive development.  It shall 
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also be used to design physical education and therapeutic recreation program 
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for use by the centers to increase the potential of CSNs for community 
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participation. 
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SEC. 10.  Student Assistance. – The BSPED shall provide financial assistance 
12 
to economically marginalized but deserving students with special needs at the 
13 
elementary and secondary levels which may come in the form of scholarship 
14 
grants, transportation allowance, food allowance, board and lodging allowance, 
15 
book allowance, student loan programs, artistic and cultural tours, training 
16 
programs, subsidies and other incentives.  Marginalized disabled persons and 
17 
those coming from indigenous communities shall be the priority in the grant of 
18 
the aforesaid assistance. 
19 
 
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Special equipment like wheelchairs, crutches, special toilet and hygiene 
21 
requirements, hearing aids, eyeglasses, and such other assistive devices needed 
22 
by the students to optimize education and participation in the educational 
23 
process shall also be provided for free and at discounted rates to deserving 
24 
students and at very affordable rates in general through a reasonable funding 
25 
scheme that shall be designed by the Bureau. 
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SEC. 11.  Medical Assistance. – The Bureau shall prepare a scheme that will 
28 
ensure adequate and free medical assistance and intervention programs, 
29 
including those essential to the student or child’s rehabilitation like therapies, 
30 
psychometric assessments, medical examinations and the like with government 
31 
clinics, hospitals and other health facilities.  In case the medical services are not 
32 
offered by the nearest or accessible government clinics, hospitals and other 
33 
health facilities, or cannot be obtained by reason of critical immediacy or the 
34 
need to obtain a more specialized or advanced treatment, CSNs shall be entitled 
35 
to a grant of twenty percent (20%) discount from the services of private hospitals 
36 
and clinics:  Provided, That these private hospitals and clinics may claim the 
37 
cost as tax credit. 
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SEC. 12.  Nutritional Programs. – The nutritional programs for CSNs shall be 
40 
supervised by the National Nutrition Council and the Department of Health 
41 
(DOH) in coordination with the local government unit (LGU) health officer. 
42 
 
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SEC. 13.  Specialized Day Care Centers. – Day care centers specially designed 
44 
for pre-school children and their parents, where early identification of disabilities 
45 
and special needs and introductory educational and intervention programs will 
46 
be administered, shall also be established near or within existing SPED centers, 
47 
or those that will be created by the Bureau with the support of the Department 
48 
of Social Welfare and Development (DSWD) and the LGU in the area.  As far as 
49 
practicable, existing day care centers and facilities shall be maximized. 
50 
 
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SEC. 14.  Recreational and Artistic Opportunities. – The Bureau shall 
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institute a program for students with special needs to afford them full 
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opportunities for safe and wholesome recreation and activities, individual as well 
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as social, for the wholesome use of their leisure hours and for the advancement 
1 
of their physical, mental, social and cultural development. 
2 
 
3 
SEC. 15.  Continuing Education and Assistance. – The Bureau shall enhance 
4 
the right of the teachers or instructors to professional advancement and ensure 
5 
that the teaching staff will attract the best available talents through adequate 
6 
remuneration, scholarship and training grants, teacher exchange programs, 
7 
incentives and allowances and other means of securing job satisfaction and 
8 
fulfillment as well as their long and stable tenure in their respective posts.  A 
9 
similar program shall be designed for support personnel like interpreters, 
10 
psychologists, social workers and others who are also involved in the education 
11 
and rehabilitation of the child. 
12 
 
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The Bureau shall identify at least one (1) leading institution or university in 
14 
Luzon, Visayas and Mindanao, whose faculty is considered or regarded as highly 
15 
competent in the area of special education, and where a uniform or standardized 
16 
curriculum for any post-graduate studies education program shall be designed 
17 
to benefit SPED teachers and other personnel of SPED centers.  The manner of 
18 
selection of such institution shall be provided under the implementing rules and 
19 
regulations of this Act. 
20 
 
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SEC. 16.  Parent, Sibling and Caregiver Education. – There shall be a formal 
22 
training and counseling program for parents, siblings and caregivers of CSNs, 
23 
for them to acquire a working knowledge of special education, gain an 
24 
understanding of the psychology of CSNs, be aware of their crucial role as 
25 
educators so that they maximize their knowledge and skills to attain the 
26 
optimum development of the potentials of the child. 
27 
 
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SEC. 17.  Special Instructional Materials. – Publishers shall grant to the 
29 
DepEd, through the SSAAD, the authority to transcribe adopted instructional 
30 
materials into Braille, large-type and audio-tape without penalty or payment of 
31 
royalty.  Furthermore, on or before the second working day after the adoption of 
32 
textbook titles by the DepEd, each publisher of newly adopted instructional 
33 
materials shall provide computerized files as specified by the DepEd which may 
34 
be copied and distributed, upon request, to a school division for instructional 
35 
purposes. 
36 
 
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Copies of these instructional materials shall be furnished without cost to either 
38 
the student or teacher who is blind or visually impaired.  The materials are to be 
39 
loaned to the public school district and are to be returned to SSAAD when no 
40 
longer needed. 
41 
 
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SEC. 18.  Incentives to Private Sector. – Partnership between the government 
43 
and private institutions catering to the needs of students or children with special 
44 
needs shall be encouraged.  All profits and income generated by the SPED center 
45 
derived from its fundamental function as an education institution shall be 
46 
exempt from income tax.  Any donation, contribution, bequest and grant which 
47 
may be made to the center shall be exempt from the donor’s tax and the same 
48 
shall be considered as allowable deduction from the gross income in the 
49 
computation of the income tax of the donor, in accordance with the provisions 
50 
of the National Internal Revenue Code of 1997, as amended:  Provided, That such 
51 
donations shall not be disposed of, transferred or sold.  Economic, technical and 
52 
cultural books or publications shall be imported duty-free upon certification by 
53 
the DepEd that such imported books or publications are for the use of the CSNs 
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and their schools, in accordance with the provisions of the Tariff and Customs 
1 
Code, as amended. 
2 
 
3 
SEC. 19.  Local Government Unit (LGU) Participation. – The LGUs shall be 
4 
responsible for the following: 
5 
 
6 
a. Provision of buildings or centers which are PWD-friendly and sites where 
7 
there are no existing school facilities that will house the special education 
8 
of students or children with special needs, as well as the establishment of 
9 
day care centers as mentioned in Section 13; 
10 
 
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b. Organization of one (1) parent-teacher association in every school in their 
12 
respective jurisdictions offering special education to students or children 
13 
with special needs; 
14 
 
15 
c. Identification, coordination and the tapping of public or private volunteers 
16 
and private organizations, national or international, for information 
17 
dissemination campaigns, funding programs and other projects to 
18 
augment the funding for SPED programs and equipment, among others; 
19 
and 
20 
 
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d. Provision of counterpart funds for the training and seminars of parents 
22 
and teachers and nutritional programs for the students or children with 
23 
special needs in their respective localities to be determined by the Bureau, 
24 
in coordination with the Department of Budget and Management (DBM) 
25 
and the Department of Finance (DOF). 
26 
 
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SEC. 20.  Public Information, Education and Communication. – A nationwide 
28 
information dissemination campaign on the prevention, early identification and 
29 
intervention programs for CSNs shall be intensified.  This shall be the joint 
30 
responsibility of the Philippine Information Agency, the Council for the Welfare 
31 
of Children (CWC), and the DepEd.  The DepEd, in collaboration with the DOH 
32 
and the Department of Labor and Employment, shall also disseminate materials 
33 
and information concerning effective practices in working with, training and 
34 
educating CSNs. 
35 
 
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SEC. 21.  Appropriations. – The amount necessary for the initial 
37 
implementation of this Act shall be charged against the current appropriations 
38 
of the Department of Education.  Thereafter, such sum as may be necessary for 
39 
the continued implementation of this Act shall be included in the annual General 
40 
Appropriations Act.  
41 
 
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SEC. 22.  Implementation. – The DepEd, through the BSPED, in coordination 
43 
with the DILG, the DOH, the CWC and the National Council on Disability Affairs, 
44 
shall promulgate and issue the necessary guidelines for the creation and 
45 
operation of SPED centers within sixty (60) days after the effectivity of this Act. 
46 
 
47 
SEC. 23.  Separability Clause. – If, for any reason, any provision or part hereof 
48 
is declared invalid, other provisions not affected thereby shall remain in full force 
49 
and effect. 
50 
 
51 
SEC. 24.  Repealing Clause. – All laws, decrees, executive orders, rules and 
52 
regulations contrary to or inconsistent with the provisions of this Act are hereby 
53 
repealed or modified accordingly. 
54 
 
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SEC. 25.  Effectivity. – This Act shall take effect fifteen (15) days after 
1 
publication in the Official Gazette or in two (2) national newspapers of general 
2 
circulation. 
3 
 
4 
Approved, 
5