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

NINETEENTH CONGRESS
First Regular Session

* viouse Bill No._ 7224

Introduced by Representative Gabriel H. Bordado, Jr.

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 including vocational
and technical, tertiary, graduate and post graduate levels. 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.

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3 District, CAMARINES SUR


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

NINETEENTH CONGRESS
First Regular Session

*- House Bill o._ 7224

Introduced by Representative

riel H. Bordado, Jr.

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 in Congress 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 2023.

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 skills.

Towards this end, the State shall require educational institutions to observe the
special needs of disabled persons in order to facilitate their learning 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:

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

(b) 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.

(f) Mental Disability includes:

(1) developmental disabilities;

(2) an organic or mental condition that has substantial adverse effects
on an individual's cognitive or 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
learning disabilities,

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

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

(i) 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.

(2) 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. Gi
higher education:

lelines. In administering its admission policies, an institution of



(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 or 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

(ii) Alternate tests or criteria that have a less disproportionate,
adverse effect are not shown to be available.

(3) Shall assure itself that

(i) 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 skills are the
factors that the test purports to measure;

(ii) 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

(ii) 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 Absence of Auxiliary Aids. 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 auxiliary aids for
students with impaired sensory, manual, or speaking skills, unless the said institution
can demonstrate that offering a particular auxiliary aid or service would 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 libraries 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 5
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.


(1) 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

(ii) 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 wil, trusts, bequests, or similar legal 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, or 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 15. Counselling 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 shall 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. Social Organizations. - An institution of higher education that provides
significant assistance to fraternities, sororities, or similar organizations shall assure
itself 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. Creation of Office Disability Affairs. Each institution of higher
education is mandated to create an Office of Disability Affairs. The head of the Office
shall be directed 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 less 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 involved shall be liable therefor.

(c) If 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 rules and regulations to carry 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 - All laws, decrees, executive orders, proclamations,
and administrative regulations or parts thereof inconsistent herewith are hereby
repealed or modified accordingly.

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

Approved,