HOUSEAE pS

TATivEes
RECEIVED
Republic of the Philippines Dare 16
HOUSE OF REPRESENTATIV oe : AUG 2016

Quezon City
By;
SEVENTEENTH CONGRES!

First Regular Session

REGISTRATION UNIT
AND INDE Xs:

HOUSE BILL NO,

INTRODUCED BY REPRESENTATIVE PEDRO B, ACHARON, JR,

EXPLANATORY NOTE

This bill seeks to institutionalize Special Education Program for Children with
Special Needs (CSN) As defined children with special needs shall include: the
gifled/talented, students/children with mental retardation/intellectual disability, with
visual impairment, with hearing impairment, with orthopedic/physical handicap, with
learning disability, with speech defect, with behavior problems, with autism and
those with health problems through the formal system and other alternative delivery

rvices in education

To attend to the needs of the CSNs, this bill introduces administrative reforms
particularly in the structural framework of the Department of Education in the
formulation of appropriate programs to strengthen existing policies and concems for
CSNs. To give easy access to basic education among CNS, the measure seeks to
establish at least one (1) SPED center in each school division and at least three (3)
SPED Center in big school divisions.

and national
tion of CSNs,

This bill also involves private groups, local government w
agencies other than the Department of Education (DepEd) in the edu

In view of the foregoing considerations, approval of this bill is earnestly
recommended,

PEDRO B. ACHLARON, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TH 'CONGRE!
Regular Saxsigrs

Boe

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE PEDRO B, ACHARON, JR.

AN ACT ESTABLISHING AT LEAST ONE (1) SPECIAL EDUCATION (SPED)
CENTER FOR EACH SCHOOL DIVISION AND AT LEAST THREE (3) SPED
CENTERS IN BIG SCHOOL DIVISIONS FOR CHILDREN WITH SPECIAL.
NEEDS (CSNs), CREATING THE IMPLEMENTING MACHINERY THEREOF,
PROVIDING GUIDELINES FOR GOVERNMENT FINANCIAL ASSISTANCE.
AND OTHER INCENTIVES AND SUPPORT, AND FOR OTHER PURPOS

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

Congress assembled:

SECTION 1. Title, ~ This Act shall be known as the “Special Education Act
of 2016."
SEC, 2, Declaration of Policy. ~ \tis hereby declared the policy of the State to

protect and promote the rights of children with special needs (CSNs) to quality

education and to take appropriate steps to make such education accessible to them
The State recognizes their vital role in national development and that finding solutions

to their problems forms an integral part of national development strategies

It is also the policy of the State to give full support for their welfare and

development to ensure their full integration to society as well as’to facilitate their
active participation in the affairs of the State. Towards this end and also pursuant to

the mandate stated in Section 13, Article II, Section 13, Article XIII, Section 1 and

Section 2, paragraphs 1 and 3, Article XIV of the 1987 Constitution, Article 3 of


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Presidential Decree No. 603 (The Child And Youth Welfare Code) and Sections 12-
14 of Republic Act No. 7277 (Magna Carta For The Disabled), the State shall
institutionalize an adequate and relevant educational program for every child with
special needs through the establishment of Special Education (SPED) Centers and of
their vital support mechanisms. Thus, all CSNs, irrespective of the degrée of sensory,
physical or intellectual disability or needs, will have the opportunity to be educated in
the most educationally enhancing environment consistent with the provision of a
quality education that best meets their needs.

SE

. 3. Objectives. ~ The objectives of the Special Education Act of 2010
are:
(a.) To provide access to basic education among CSNs, namely; the

gifted/talented, students/children, with mental
retardation/intellectual disability, with visual impairment, with

hearing impairment, with orthopedic/physical handicap, with

isability, with speech defect, with behavior problems,

learning
with autism and those with health problems through the formal
system and other alternative delivery services in education;

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

(c.) To ensure that CSNs understand, appreciate and respect differences
amongst groups and members in society and also to understand the

nature of society in which they live;


(d.) To inform the parents about the full continuum of services, possible
2 placement options during discussions about their children’s

education and other relevant information to enable them to make

4 informed decisions and choices;
3 (¢.) To equip the parents, caregivers and teachers with the capabilities to
6 identify, prevent, refer and intervene with the developmental

7 disorders and disabilities of children as well as in the relevant

individual programming planning for the student where such

° program differs. significantly from the standard curriculum and
10 other matters that enhance the role of parents and other caregivers
u as the primary educators and caregivers of their children from birth
2 onwards,

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

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

19 SEC. 4, Definition of Terms. ~ For purposes of this Act, these terms are defined as

20 follows:
a a) Disability: refers te 1) a physical or mental impairment
22 that substantially limits one or more psychological,

physiological or anatomical function of an individual or

24 activities of such individual; 2) a record of such an


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b)

¢)

ad

e)

a)

impairment; 3) being regarded’ “as “having such an
impairment;

Impairment: refeis fo any loss, diminution or aberration
of psychological, physiological or anatomical structure or
function; “

Handicap refers to a disadvantage for a given individual,
resulting from’an impairment or a disability, that limits or
prevents the function or activity that is considered normal
given the age and sex of the individual;

Persons with disabilities (PWD) refer to
those suffering from restriction or different’ abilities, as a
result ‘of a mental, physical, sensory or neurological
impairment, to perform an activity in the manner or within
the range considered normal for a human being;
Marginalized/disadvantaged persons
with disabilities refer to disabled persons who

lack access to rehabilitative services and educational

opportunities due to poverty, abandonment, illness and other
forms of neglect, For purposes of this Act, the word “poor”
refers to persons who either have no means of livelihood ot
have incomes below the poverty threshold as determined by
the National Statistics Coordinating Board (NSCB );

Children and yputh with special needs refer
to those who are gifted and are fast learners and those who

are disabled, impaired and handicapped and in need of



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's for rehabilitation. They

special education as well as servic
differ from the average children in (1) mental characteristics;

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

characteristics; (4) social attributes; and

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

extent that requires

the use of modified school practices or

special education services to develop them to maximum

capability, They may fall within the ages 0-21 years and
may be classified as follows:

l, Gifted children and Fast learners

are those capable of superior performance and these
include those with demonstrated achievement or
potential ability in one or more of the following
areas: general intellectual ability, specific academic

aptitude, creative or productive thinking ability,

leadership ability, ability in the visual or performin

arts and p:

homotor ability, or those individuals
who consistently manifest the following, cluster of
traits: above average ability (including intelligence),
high creativity (implies the developmental
appreciation of innovative ideas) and high task
commitment (related to a high depree of motivation)
and those who by reason thereof, require services or

activities not ordinarily provided by the school.


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Students/Children with Mental ‘Retardation’
Intellectual disability are those who have substantial

limitation in present functioning characterized by

, significant sub-average intellectual functioning,

existing concurrently with related limitations in two
or more of the applicable adaptive skill areas:
communication, self-care, home living, social skills,
community use, self-direction, health and safety,
functional academics, leisure and work.

Students! Children with Visual Impaizment
are those who are blind or have low vision, Persons
ane blind if they have visual capacity of 20/200 or
legs in the better eye afler maximum correction. The
low vision persons retain’ relatively low degree of
vision and can read only enlarged print or regular or
regular print under special conditions.

Students) Children with Hearing Impaixment
are those who are déaf or hard-ofthearing, Deaf
persons are those whose hearing are non-functional
for ordinary’ piftposes in life. ‘The hard-ofthearing
have sense of hearing which, although defective, is
functional with or without a hearing aid.
Students/Children with Behavior Problems
are those who cannot adjust to the sdéiilly accepted

norms of behavior and, consequently disrupt their



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6.

academic progress, the leaming efforts of their
classmates and interpersonal relations,
Students/Children with
Orthopedic/PhySical Handicap are those
whose impairment permanently or temporarily
interferes with"the formal functions of the joints,
muscles or limbs,

Students/Children with Special Health
Problems are those who have health conditions

that tend to keep children out-of-school or those

with chronic and/or debilitating illness like cardiac
(heart) diseases, asthma, diabetes, tuberculosis and
other respiratory ailments, carcenonza, epilepsy,
malnutrition and others,

Students/Children with Learning
Disabilities are those who although normal in
sensory, emotional and intellectual abilities exhibit

disorders

n perception, listening, thinking, reading,
writing, spelling or arithmetic, They have such

conditions as perceptual handicap, brain injury,

minimal brain dysfunction, dyslexia and

developmental aphas
Students/Children with Speech Defects are

those whose speech differs from the average so far



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10.

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as to draw unfavorable attention to the manner of
speaking rather than to the thought conveyed.
Students/Children with Autism are those with
developmental disabilities, having onset before 30
months of age which is marked by disturbance in
development, ‘language , and relationship with
persons, activities and objects and which may
coexist with intellectual disability and epilepsy.
Children afflicted with this disorder have
perceptual, cognitive, communication and social
difficulties which change over time.

Students/ Childgen with Multi-Handicaps are those
with more than one disability such as the deaf:
blind, those with autisty and with intellectual

disability and other

2) Auxiliary aids and services .are services that

are basically non-education, but impinge on the education

process of the child with special needs, These include:

1
2,

therapy;
qualified interpreters or other effective methods of
delivering materials to individuals with hearing
impairments;

qualified readers, taped tests or other effective
methods of delivering materials to individuals with

visual

mpairments;


h)

k)

4. acquisition or modification of equipment or

devices; -

Sx other similar services and actions or all types of aids
and services that facilitate the leaning process of
people with mental disability

Special instructional materials refer to
textbooks in Braille, large type or any other medium or any

apparatus that convey information to a student or otherwise

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

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

Special Education refers to basic education that
takes into account the special needs of both disabled children
and gifted children that requires a systematic and deliberate
process for them to achieve functional theracy and which

will bring the individual to the highest level of his potential

and capacity. It is also defined as that type of education

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tailored to meet the needs of children who cannot profit

because of disabilities or exceptional abilities. The wend in

SPED is towards integration with the education of normally-

abled children,

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

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

1C. 6. Creation of the Bureau of Special Education, ~ To attain the

objectives of this Act, the Bureau of Special Education (BSPED), hereinafter referred
to as the Bureau, is hereby created to institutionalize and govern special education in
the Philippines. The Bureau is primarily tasked with the formulation and
administration of an appropriate curriculum and developmentally-suited programs to

-y of the students/children with special needs and

primarily achieve functional liter
ensure their integration to society. The full continuum of educational services shall
also be made available by the Bureau to those CSNs below school age through regular
home visits, consultations, day care activities and any proper medium or program,

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

Three Division Chiefs shall serve as heads for the (1) Gifted Children Division
(GCD); (2) Children with Disabilities Division (CDD) and the (3) Special Services
and Auxiliary Aids Division (SSAAD), and whose staf¥ shall be equitably distributed

in accordance with the current needs and concerns of their respective divisions. They



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shall assist the Director in the formulation, implementation and improvement of the
framework and components of the Special Education Program.

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

SEC

7. SPED Centers in Regular Schools. ~ At \east one (1) SPED center
for each school division and at least three (3) SPED centers in big school divisions

shall be established in regular schools, where there are no existing SPED centers,

These SPED centers shall be administered by the principal of the regular school

The SPED Center shall function as. the Resource Center for the

implementation of inclusive education that will accept all kinds of children on regular

schools, It shall a) support children with special needs integrated/included in regular

schools; b) assist in the conduct of school-based training; c) produce appropriate

teaching materials; and d) conduct a

also be the responsibility of the SPED Centers to assist and facilitate the

sessment of children with special-needs, It shall

trans|

er/admission of qualified children with disabilities to post-secondary or tertiary
education institutions and monitor the same.

Each SPED Center shall have specialized teachers who can handle children
and youth with special needs who may include but shall not be limited to those with
visual impairment, hearing impairment, autism, learning disabilities, behavioral
problems, multiple disabilities, mental rétardation/handicap and mental giftedness.
Regular teachers currently handling special education of children with special

needs shall henceforth be classified as SPED teachers.


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There shall be an assistant principal for each SPED Center..He/she shall
administer’ and supervise the altemative educational programs, early intervention
programs, monitoring, supervision and technical assistance and human resource
training/SPED personnel enhancement programs, referral and placement procedures,
advisory services and other components of the special education program in his/her
jurisdiction, He/she shall also be responsible for the formation and supervision of
placement committee under his/her jurisdiction as well as in the resolution of
disagreements on placement and services

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

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

SEC. 8. Other Personnel of SPED Centers. ~ One (1) educational
psychologist or psychometrician, one (1) physical therapist, . one (1) occupational

therapist, one (1) speech and language therapist/speech correction teacher and one (1)

education supervisor for each city and province shall comprise the administrative core

and placement committee of the SPED unit in the area, They shall also be jointly

tasked to develop and maintain a data bank in special education in their respective
jurisdictions. The placement committee shall, among others, ensure that students with

disabilities are educated as close as possible to their homes and alongside their age-

appropriate peer groups, and that these students attend their local schools or travel the

shortest distance possible in the availment of educational services, in. consultation

with, and active participation of parents.

SEC. 9, Itinerant SPED Teachers. ~ \tinerant SPED teachers shall also be

appointed whenever necessary. He/she shall assist isolated or remote schools with



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specialized equipment, individual programs, curriculum adjustment, teaching aids and

building modifications.

SEC. 10. Authority of the Secretary of Education to Give Grants to, or Enter
Into Cooperative Arrangements for the Creation of SPED Centers, ~The Secretary
of Education is hereby authorized to give grants to, or enter into cooperative

arrangements or contracts with public or private non-profit agencies, institutions or

organizations for the establishment or creation of SPED centers for children with

special needs: Provided, That a grant made pursuant to this Section’may be made only

for the following or similar programs:

(a) technical assistance of SPED centers providing educational assistance for
CSNs;
(b.) pre-service or in-service training of professionals or related services

personnel preparing to serve or serving CSNs;

(c,) replication of successful innovative approaches to providing educational

or related services to CSNs;

(d.) facilitation of parental involvement in the education of their CSN:

(c.) diagnosis and educational evaluation of CSNs at risk of being certified
CSNs,

(£) consultative, counseling and training services for the families of CSNs;

(g,) familiarization of the municipality or'city to be served by a SPED center

with the problems and potentialities of such children;

SEC. 11. Provision for Continuing Research to Identify

special Needs of

G

. ~ The Bureau by itself or in association with such organizations or institutions

shall undertake

as determined by the Secretary of the DepEd. to be appropriate,

continuing research to identify and design programs that shall meet the full range of



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needs of the CSNs: Provided, That such continuing research shall also be used to
develop instructional techniques for use by the SPED Centers that will improve the
acquisition of CSNs of skills necessary for transition (0 independent living,
vocational training or competitive development: Providléd, finally, That such
continuing research shall further be used to design physical education and therapeutic

recreation program for use by the Centers ‘to “increase the potential of CSNs for

community participation.

SEC sistance

12. Student Assistance, — The Bureau shall provide financial a
to economically marginalized but deserving students with special needs at the
elementary and secondary levels which may come in the form of scholarship grants,
transportation allowance, food allowance, board and lodging allowance, book
allowance, student loan programs, artistic and cultural tours, training programs,

subsidies and other incentives. Marginalized disabled persons and those coming from

indigenous communities shall be the priority in the grant of the aforesaid assistance.

Special equipment liké wheelchair, crutches, special toilet and hygiene

requirements, hearing aids, eyeglasses, and such other assistive devices required by

shall

the students to optimize education and participation in the educational proce
also be provided for free and at discounted rates to deserving students and at very
affordable rates in general through a reasonable finding scheme that shall be designed
by the Bureau

SEC. 13, Medical Assistance, ~The Bureau shall prepare a scheme that will
ensure adequate and free medical assistance and intervention programs, including
those essential to the student or child’s rehabilitation like therapy, psychometric
assessments, medical examinations and the like with government clinics, hospitals

and other health facilities. In case the medical services are not offered by the nearest



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or accessible government clinits, hospitals and other health facilities, or cannot be
obtained by reason of critical immediacy or the need to obtain a more specialized or
advanced treatment, CSNs shall be entitled to a grant of twenty percent (20%)
discount from the services of private hospitals and clinics: Provided, that these private
hospitals and clinics may claim the cost as tax credit.

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

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5C, 15, Establishment of Specialized Day Care Centers

= Day care centers
specially designed for pre-school children and their parents, where early identification

of disabilities and special needs and introductory educational and intervention

programs will be administered, shall also be established near or within existing SPED.

centers or those that will be ereated by the Bureau with the support of the Department

of Social Welfare and Development (DSWD) and local government unit (LGU) in the

area. As far as practicable, existing day care centers and facilities shall be maximized.

©. 16, Recreational and Artistic Opportunities, - The Bureau shall

institute @ program for students or children with special needs to afford them full
opportunities for safe and wholesome recreation and activities, individual as well as
social, for the wholesome use of his leisure hours and for the advancement of theit

physical, mental, social and cultural development.

EC, 17. Continuing Education and Assistance to Teachers/Instructors

of

Students with Special Needs, — ‘The Bureau shall enhance the right of the

teachers/instructors to professional advancement and ensure that the teaching sta
will attract the best available talents through adequate remuneration, scholarship and

training grants, teacher exchange programs, incentives and allowances and other

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means of securing job satisfaction and fulfillment as well as their long and stable
tenure in their respective posts. A similar program shall be designed for support

personnel like interpreters, psychologists, social workers and others also involved in

the education and rehabilitation of the child,

The Bureau shall identify at least one (1) leading institution or university in

Luzon, Visayas and Mindanao whose faculty is considered or regarded as highly
competent in the area of special education and where a uniform or standardized

curriculum for any post-graduate studies education program shall be designed to

‘The manner of selection

benefit SPED teachers and other personnel of SPED centers
of such institution shall be provided under the Implementing Rules and Regulations of
this Act.

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

SEC, 19, Special Instructional Materials, — Publishers shall grant to the
DepEd through the Special Services and Auxiliary: Aids Division (SSAAD) the
authority (0 transcribe adopted instructional materials into Braille, large type and
audio-tape without penalty or payment, of royalty, Furthermore, on or before the
second working day after the adoption of textbook titles by the DepEd, each publisher
of newly adopted instructional materials shall.provide computerized files as specified
by the DepEd which may be copied and distributed upon request, to a school division

for instructional purposes.



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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 to $SAAD when no longer

needed,

C. 20. Incentives to Private Sector Participation. — Partnership between

the government and private institutions catering to the needs of students/children with

special needs shall be encouraged, All profits and income generated by the Special
Education Center derived from its fundamental function as an educational institution
shall be exempt from income tax, Ariy donation, contribution, bequest and grant
which may be made to the center shall be exempt from donor's tax and the same shall
be considered as allowable deduction from the Gross Income in the computation of
the Income Tax of the donor in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended: Provicted, That such donations shall riot
be disposed of, transferred or Sold, Economic, technical and cultural books and/or

publications shall be imported duty-free upon certification by the Department of

Education that such imported books and/or publications are for economic, technical,

vocationa

‘entific, philosophical, historical or cultural purposes, in accordance

with the provisions of the tariff and customs code, as amended.

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

A, Provision of buildings or centers which are PWD-friendly and ‘sites
where there are no existing school facilities that will house the special
education of children/students with special needs, as well as. the

establishment of day care centers as mentioned in Sec. 15;


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B Organization of one (1) parent-teacher association in every school in their
respective jurisdictions offering special education to students/children with
special needs;

©. 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 fanding for SPED programs and equipment, among others;

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

SEC. 22. Public Information, Education and Communication, ~ A

nationwide information dissemination campaign on the prevention, early

identification and intervention programs for children with special needs shall be
intensified, ‘This shall be the joint responsibility of the Philippine Information Agency
(PIA), Council for the Welfare of Children (CWC) and the DepEd. The DepEd, in

collaboration with the Department of Health (DOH) and Department of Labor and

Employment (DOLE), shall also disseminate materials and information concerning

effective practices in workirig with, training and educating CSNs,

SEC, 23. Appropriations.

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

SEC, 24, Implementation. ~ The DepEd through the BSPED in coordination

with the DILG, DOH, DOF, CWC and National Council on Disability Affairs

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(NCDA), shall promulgate and issue the necessary guidelines for the creation and

operation of SPED Centers within sixty (60) days after the effectivity of this Act.

SEC. 25. Separability Clause. ~ If for any reason, a provision o part hereof is
4 declared invalid, other provisions not affected thereby shall remain in full force and

5 effect

6 SEC, 26, Repealing Clause, ~ All laws, decrees, executive orders, rules and
7 regulations contrary or inconsistent with the provisions of this Act are hereby repealed
8 — or modified accordingly.
° SEC. 27. Effectivity Clause. ~ This Act shall take effect fifteen (15) days
10 after its publication in any newspaper of general circulation.

Approved,

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