FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
jl 
EXPL~ NATORY NOTE 
'11 
JUN -8 P 4 :45 
A UNICEF survey, cited by the Department of Education (DepEd), found that 13% of 
Filipino children have some disabilities in tine form or another. This is slightly higher than the 
World Health Organization (WHO) estimate "that ten percent (10%) of any given population shall 
have some disabilities. Given their conditi'JnB, certain adjustments need to be made to cater to 
their educational needs. 
According to figures from DepEd, there are 155 special education centers throughout the 
189 divisions of the DepEd with 1,176 Sr"ED teachers to address the needs of these children. 
For school year 2008 - 2009, these centers catered to only 162,858 students or just around 
three percent (3%) of the expected children with special needs. Among the many reasons for 
this situation is the limited financial resources available to DepEd. The present facilities and 
programs of the DepEd is insuffident to meet the current requirements of children with special 
needs. Inasmuch as there is an unwavering effort to increase the budget of DepEd every year, 
exploring alternative sources of funding on top of the current effort may be a reasonable and 
practicable route. 
The Special Education Fund (SEF) taken from the 1 % of the Real Property Tax 
collection of local government units may be a viable source. This bill seeks to set aside 10% of 
the SEF of every local government unit for the purpose of supporting the programs of the 
DepEd for children with special needs. This bill further encourages local government units to 
allot a portion of their general fund in support of these programs or to fund their projects for the 
education of children with special needs. 
This bill is in line with the mandate of Section 1, Article XIV of the Constitution provides 
that, "[tlhe 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", and Section 
1, Article XIII which provides that: The Congress shall give highest priority to the enactment of 
measures that protect and enhance the right of all the people to human dignity, reduce social, 
economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth 
and political power for the common good. 
To this end, the State shall regulate the acqUisition, ownership, use, and disposition of 
property and its increments. No child shOUld be neglected nor denied the support of the state. 
There is no reason to leave any child educationally-deprived especially those who are in most 
need of the support of government. A proper environment must be provided those special 
children so as not to take away from them the opportunity to succeed. Thus, it is the intention of 
this bill to ensure that resources are regularly and sustainably allocated nationwide for the 
education and well-being of children with special needs. 
In view of the foregoing, approval of this bill is earnestly sought. 
=~ 
Senator Alan Peter "Compaiiero" S. Cayetano 


FIFTEENTH CONGRE.~'S OF THE ) 
REPUBLIC OF THE Pl-J,lLlPPINES ) 
First Regular Sessic,n 
) 
SENATE 
S. B. No. 2873 
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INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
AN ACT 
ALLOCATING FUNDS FROM THE SPECIAL EDUCATION FUND FOR THE PROGRAMS OF 
THE DEPARTMENT OF EDUCATION GEARED TOWARDS THE ADVANCEMENT OF THE 
INTERESTS OF CHlILDREN WITH SPECIAL NEEDS 
Be it enacted by the Senate and the Nouse of Representatives of the Philippines in Congress 
assembled,' 
SECTION 1. Tit/e. - This Act shall be known as the "Special Needs Fund for Children 
Act of 2011," 
SECTION 2. Cleclaration of Policy. -
Pursuant to Section 1, Article XIV of 
the 
Constitution which pro\lides 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", ami Section 1, Article XIII which provides that: "The Congress shall give 
highest priority to the enactment of measures that protect and enhance the right of all the 
people to human dignity, reduce social, economic, and political inequalities, and remove cultural 
inequities by equitably diffusing wealth and political power for the common good", it is hereby 
declared the policy of the State to ensure that resources are regularly and sustainably allocated 
nationwide for the education and well-being of children with special needs, 
SECTION 3. Definition of Terms. - For purposes of this Act: 
a,) "Special needs child/Child with special needs" -refers to children of school 
age who have physical, mental, social or sensory impairment and cultural differences so 
as to require 
modifications of the school curricula, programs and special services and 
physical facilities to develop them to their maximum capacity, These persons may be 
mentally retarded, visually impaired, hearing impaired, with behavior problems, 
orthopedically handicapped, with special health problems, learning disabled, speech 
impaired or multiply handicapped, 
b,) "SpeCial Education" - refers to the social and educational services provided 
by the State to children with special needs, 
c,) "Intellectually-gifted child" -
refers to the child who performs or displays 
potential for performing at a very advanced level of accomplishment when compared 
with other children of his or her age, 
SECTION 4. Coverage.- This Act shall cover all children with speCial needs, as defined 
in this Act Intellectually-gifted children shall not be considered a special needs child for the 
purposes of this Act 
SECTION 5. Allocation of the Special Education Fund. - To fulfill the intent of this Act 
to extend a regular and sustained financial support for the education and well-being of children 
with special needs, ten percent (10%) of the Special Education Fund (SEF) released to the local 
school boards of each local government unit (LGU) shall be automatically set aside to support 


programs of the Departmerlt 0 f Education, done in consultation with the respective local chief 
executives, for special edU':atic'n programs, centers and schools within the territorial jurisdiction 
of such local government unit c'Jncerned. 
SECTION 6. Aut! lority to Local Government Units. - Each local government unit is 
encouraged to set aside a po rtion of their general fund for the purpose of augmenting the 
allocation of the Departrn snt of Education for the support of special education centers or 
schools within the territoria'. juri!;diction of such local government unit. 
As an incentive to 10eC'1 government units, the Department of Education shall provide an 
additional amount e(~uivp/:ent to the allocation made by each local government unit as a 
counterpart fund. 
SECTION 7. COllstruction.- This Act shall be liberally construed to promote the welfare 
and advancement of children with special needs. 
SECTION 11. Implementing Rules and Regulations. - Within ninety (90) days upon the 
approval of this /,ct, all concerned agencies shall formulate rules and regulations as may be 
necessary for thfJ proper implementation thereof. 
SECTION 9. Separability clause. -
If any part, Section or provision of this Act is 
declared invaP.d or unconstitutional, the other parts thereof not affected thereby shall remain 
valid. 
SECTION 10. Repealing clause. -
All laws, acts, preSidential decrees, executive 
orders, administrative or(lers, rule and regulations inconsistent with or contrary to the provisions 
of this Act are deemed a,nended, modified or repealed accordingly. 
SECTION 11. EI'fectivity. - This Act shall take effect fifteen (15) days after completion 
of its publication in at least two (2) newspapers of general circulation. 
Approved,