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SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES ) .
Second Regular Session ) 18 MAR -7 P11
SENATE

RECEIVED

Senate Bill No. 1732

Prepared and submitted by the Committees on Education, Arts and Culture; Women,
Children Family Relations and Gender Equality; Youth; Social Justice, Welfare and
Rural Development; Ways and Means; and Finance with Senators Senators Cayetano,
Trillanes, Ejercito, Gatchalian, Villanueva, Angara, Aquino and Escudero as authors

AN ACT
INSTITUTING INCLUSIVE EDUCATION AND ESTABLISHING SPECIAL EDUCATION
CENTERS FOR CHILDREN AND YOUTH WITH SPECIAL NEEDS IN ALL PUBLIC SCHOOLS
DIVISIONS, PROVIDING FOR STANDARDS AND GUIDELINES, AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Inclusive Education for
Children and Youth with Special Needs Act".

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
protect and promote the rights of Children and Youth with Special Needs (CYSNs) to quality
education and to take appropriate steps to make such education accessible to them. The
State recognizes their vital role in society and endeavors to include their needs as an
integral part of national development strategies.

Its also the policy of the State to fully support their welfare and development, ensure
their full integration in society, as well as facilitate their active participation in the affairs of
the State.

This is in accordance with Section 13, Article II and Section 13, Article XIII of the
1987 Constitution; Articles 3(1), 3(3), 3(6) and 12 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare Code; Sections 12 to 14 of Republic Act
No. 7277, as amended, otherwise known as the Magna Carta for Disabled Persons; UN
Convention on the Rights of the Child; UNESCO Salamanca Statement; UN Convention on
the Rights of Persons with Disabilities; Incheon Strategy to Make the Rights Real for
Persons with Disability in Asia and Pacific, and other relevant laws.

Towards this end, the State shall:

(a) _Institutionalize an adequate and relevant educational program for every
CYSN;

(b) Adopt the policy of inclusive education;

(c)__ Establish Inclusive Education Learning Resource Centers, and

(d) Provide vital support mechanisms required to ensure their effectiveness.

All CYSNs in any degree of educational need shall therefore have the opportunity to
be developed in the most enhancing environment, consistent with the provision of a quality
education that best meets their needs.



SEC. 3. Objectives. - This Act shall pursue the following:

(a) __ Provide CYSNs free and appropriate public education and related services in
accordance with their needs, and in preparation for adult living and community life;

(b) Provide CYSNs access to general education curriculum through the formal
systems and alternative delivery services in education;

(c)___ Institute inclusive education and establish Inclusive Education Learning
Resource Centers for inclusion of CYSNs in the educational mainstream;

(d)___ Ensure that CYSNs fully develop their potentials toward self-sufficiency and
become fully participative members of society;

(e) Identify thru a child find system CYSNs ages three (3) to twenty-four (24)
and infants and toddlers under the age of three (3) in compliance with Republic Act No
10410, otherwise known as the Early Years Act of 2013;

() Develop, implement, and review the Individualized Education Plan (IEP);

(g) Provide parents with information and opportunities to actively participate in
the possible placement options and educational programs for their children and to enable
them to make informed choices and decisions;

(h) Enable and empower parents and family members by training and equipping
them with capabilities to identify, prevent, refer or intervene with regard to disorders,
disabilities and abilities of their children;

(i) Train and equip special education teachers, regular _ teachers,
principals/administrators, non-teaching staff of the school, and caregivers, as primary
sources of care, development, education and advancement of CYSNs;

10) Increase school retention and cohort survival of CYSNs;

(k) Create significant and positive changes in community attitudes towards
disability and the need to provide inclusive education and proper care to CYSNs.

SEC. 4. Definition of Terms. - As used in this Act:

(a) Basic Education refers to meeting the basic learning needs which provide the
foundation on which subsequent learning can be based. It encompasses kindergarten,
elementary, and secondary education as well as Alternative Learning Systems (ALS) for out-
of-school learners and those with special needs;

(b) Child Find System refers to the process of locating and coming up with a list of
CYSNs through the child development teachers or workers who are under the local
government units (LGUs);

() Children and Youth with Special Needs (CYSNs) refers to children and youth with
specialized needs in education and exceptionalities who differ from the neurotypical
children and youth in neuropsychological characteristics, sensory abilities, neuromuscular
or physical characteristics, and social attributes to such an extent that the use of modified
school practices or specialized education services are required to develop them to
maximum capability. It includes the following:

1) Gifted or Talented - children and youth who are capable of superior performance
including 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 performing arts,
and psychomotor ability; or, those individuals who consistently manifest the following
cluster of traits: above average ability, including intelligence, high creativity, which
implies the developmental appreciation of innovative ideas, and high task commitment
related to a high degree of motivation; and those who by reason thereof, require services
or activities not ordinarily provided by a school;



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2) Children with disabilities - refers to persons below 18 years old who have long term
Physical, mental, intellectual or sensory impairments, which in interaction with various
barriers may hinder their full and effective participation in society on an equal basis
with others, such as but not limited to children with physical or orthopedic disability;
intellectual disability, learning disability, communication disability including deaf and
hard of hearing; visual disability or psychosocial disability;

3.) Special Health problems - children and youth who have health conditions that tend to
keep them out-of-school, or those with chronic and/or debilitating illnesses such as
cardiac diseases, asthma, diabetes, tuberculosis and other respiratory ailments,
carcenonza epilepsy and malnutrition;

4) Youth with disability - refers to persons aged 15 to 30 years who have long-term
physical, mental, intellectual or sensory impairments, which in interaction with various
barriers may hinder their full and effective participation in society on an equal basis
with others, such as but not limited to youth with physical or orthopedic disability;
intellectual disability, learning disability, communication disability including deaf and
hard of hearing; visual disability or psychosocial disability.

(Q__ Disability shall mean 1) a physical or mental impairment that substantially limit one
or more psychological, physiological, or anatomical function of an individual or activities of
such individual; 2) a limitation or difficulty encountered by an individual in executing a task
or action; and 3) a participation restriction or a problem experienced by an individual in
involvement in life’s situations.

It does not just entail a health problem but shall reflect the interaction between
features of a person's body and features of the society in which he lives as well as the
difficulties he has encountered to remove the environmental and social barriers;

(d) _ Inclusive education is a process of addressing and responding to the diversity of
needs of all students and learners by increasing participation in learning, cultures and
communities, and totally reducing exclusion from and within education. It involves the
appropriate changes and modifications in content, approaches, structures and strategies
with a common vision, which covers all children and youth of all ages , affirming in the
Process the State's conviction that it is the government's mandate and responsibility to
educate all children and youth without discrimination or favor.

It shall also focus on the achievement of high quality, appropriate and relevant
education for all learners and students and the development of more inclusive and
conducive learning environments without focusing on marginal issues;

(e) __ Private Sector Participation refers to all forms of indispensable, substantial and
meaningful participation of private individuals, partnerships, groups or entities, disabled
people's organizations, community-based organizations, or non-governmental
organizations, in the delivery of educational and rehabilitative services for CYSNs;

(9 Special Education (SPED) refers to the customized instructional program or service
designed to meet the unique needs of individual CYSNs, which may necessitate use of
supplementary aids and services and teaching strategies in classroom and non- academic
settings, and includes instructions on physical and vocational education and travel training.
Special education addresses significant physical, sensory, neuropsychological, cognitive, or
behavioral characteristics that may necessitate the use of specialized materials, equipment,
services, and/or teaching strategies. It is geared towards the integration of CYSNs into the
education mainstream;



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(g) Learning Resource Center refers to a resource hub that provides students, teachers,
school personnel, and other education stakeholders of CYSNs appropriate instructional
learning materials, tools, devices, gadgets, equipment to facilitate and enhance learning as
well as assessment tools and instruments to evaluate developmental domains and specific
areas of concern necessary in determining appropriate services and placement decisions;

(h) Special Instructional Materials refer to textbooks in Braille, large type, audio, digital
or any other medium or apparatus, that convey information to a student or otherwise
contributes to the learning process; and

(Universal Design for Learning is a scientifically valid framework for guiding
educational practice that: 1) provides flexibility in the ways information is presented, in the
ways student respond or demonstrate knowledge and skills, and in the ways students are
engaged; 2) reduces barriers in instruction, provides appropriate accommodations,
supports, and challenges and maintains high achievement expectations for all students,
including students with disabilities and students who have limited English proficiency.

Itis also a set of principles that guide the design of inclusive classroom instruction
and accessible course materials. The three principles of UDL are 1) multiple methods of
representation that give learners a variety of ways to acquire information and build
knowledge; 2) multiple means of student action and expression that provide learners
alternatives for demonstrating what they have learned; and 3) multiple modes of student
engagement that tap into learners’ interests, challenge them appropriately, and motivate
them to learn.

SEC. 5. Establishment of Inclusive Education Learning Resource Centers for
CYSNs in all Public Schools Divisions. -An Inclusive Education Learning Resource Center
for CYSNs shall be established in all public schools divisions nationwide where there are no
existing SPED Centers.

All existing SPED centers shall now be called and referred to as Inclusive Education
Learning Resource Centers.

SEC. 6. Functions of the Inclusive Education Learning Resource Center. - The
center shall function as a resource center that shall assist in promoting inclusive education
to capacitate regular schools to effectively handle the needs of children and youth with
disability. It shall:

(a) __ Integrate and include CYSNs in regular classes;

(b) Conduct assessment of CYSNs to evaluate developmental domains and
specific areas of concern and determine appropriate services and placement
options;

(©) Conduct school-based training of CYSNs;

(d) Undertake and monitor case management and coordination services;

(e) Ensure that the CYSNs within the division shall receive the appropriate
services needed;

(Provide training to regular teachers, administrators, non-teaching personnel,
and parents on inclusive education;

(g) Produce appropriate teaching materials for CYSNs;

(h) _ Implement the programs of the center such as the Individualized Education
Plan (IEP), transition program, and other alternative educational programs;
(Provide access to auxiliary aids that are basically non-educational, but which
enhance the education process of the CYSNs. These services may include:



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1. Language and speech therapy, occupational therapy, physical and
physiotherapy, among other modes of therapy, through the Mobile Multi-
Specialist Inclusive Education Division Support Team;

2. Quality reading, or other effective methods of delivering accessible
reading materials to individuals with visual impairments;

3. Appropriate classroom accommodation;

4. Other similar services and actions or all types of aids and services that
facilitate the learning process of CYSNs; and

5. Assistance and/or monitoring the transfer or admission of qualified

CYSNs to post-secondary or tertiary education institutions; and

Sec. 7. Hiring of Personnel and Staff. - In addition to the teachers with special
trainings in handling CYSNs and to ensure the effective implementation of this Act, the
DepEd may hire the necessary personnel and support staff to operate, administer and
oversee the Center.

Sec. 8. Benefits and Incentives for Personnel and Staff of the Center. - The
DepEd shall enhance the right of the teachers or instructors to professional advancement
and ensure that the Centers shall attract the best available teaching staff and talents
through adequate remuneration, scholarship and training grants, teacher exchange
programs, incentives, and allowances and other means of securing their job satisfaction
and fulfillment as well as their long and stable tenure in their respective posts.

SEC. 9. In-Service Training of Teachers, Administrators, Non-Teaching
Personnel. - To enhance the inclusive education program, the DepEd shall coordinate with
the appropriate government agencies to offer basic and advanced seminars on disability
awareness and inclusive education for the concerned stakeholders.

The appropriate and necessary trainings, seminars and other opportunities for
upgrading the performance of DepEd teachers implementing the inclusive education
curriculum shall be conducted and evaluated by the National Educators’ Academy (NEAP).

SEC. 10. Authority of the DepEd Secretary. - The Secretary of DepEd shall develop
Programs, enter into cooperative arrangements or contracts with public or private non-
profit agencies, institutions, or organizations for the establishment or creation of Centers
or implementation of inclusive education such as, but not limited to, the following:

(a) Technical assistance to Center teachers who are preparing to serve or are
serving CYSNs for inclusion and mainstreamin;
(b) __ Training of professionals or related services personnel including all regular
teachers;

(©) __ Replication of successful innovative approaches in providing educational or
related services to CYSNs;

(4) __ Facilitation of parental involvement in the education of their CYSNs;

(e) Diagnosis and educational evaluation of CYSNs;

(Consultative, counseling and training services for the families of CYSNs;

(g) __ Familiarization of the municipality or city being served by a Center with the
problems and potentialities of such children and youth; and

(h) Enter into agreements with medical and allied medical professional groups.

Inclusive Education Learning Resource Centers created under this Section shall
remain part of the DepEd system.

SECTION 11. Program Office. - Inclusive education programs shall be under the
Student Inclusion Division of the Bureau of Learning Delivery under the Office of the
Undersecretary for Curriculum and Instruction. The Student Inclusion Division shall assist

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in the formulation, implementation, monitoring, and evaluation of policies, programs, and
services for, but not limited to, CYSNs.

SEC. 12. Continuing Research to Identify Needs of CYSNs. - The DepEd, by itself
or in coordination with organizations or institutions, shall undertake continuing research
to identify and design programs that shall meet the full range of needs of CYSNs: Provided,
That such continuing research shall also be used to develop instructional techniques for
use by the Centers towards improving the acquisition of skills by CYSNs necessary for their
transition to independent living, vocational training or competitive development:
Provided, further, That such continuing research shall be used by the DepEd in designing a
physical education and therapeutic recreation program to be used by the Centers to
increase the potential of the children and youth for community participation.

SEC. 13. Student Assistance. - The DepEd, DSWD, NCDA and LGUs shall develop
Programs to support the financial and educational needs of the marginalized or
disadvantaged CYSNs, as defined in Republic Act No. 8425, otherwise known as the Social
Reform and Poverty Alleviation Act.

The benefits accorded by Republic Act No. 8545, or the E-GATSPE Act shall likewise
be extended to qualified CYSNs students in the secondary levels.

SEC. 14, Recreational and Artistic Opportunities. - The DepEd shall institute
opportunities for safe and wholesome individual as well as interactive group recreation
and social activities for CYSNs, optimal use of their leisure hours, and advancement of their
physical, mental, social and cultural development.

SEC. 15. Special Instructional Materials. ~ Publishers shall grant the DepEd the
authority to transcribe adopted instructional materials into accessible format, without
penalty or payment of royalty in accordance with Republic Act No. 8293, otherwise known
as the Intellectual Property Code of the Philippines. Further, publishers of newly adopted
materials shall provide, not later than the second working day after the adoption of
textbook titles by the DepEd, the digital copy as specified by the DepEd for the purpose of
producing accessible versions of the textbooks for students with reading disabilities. The
accessible versions may be produced by the DepEd or by non-profit accessible book
producers, which may be copied and distributed upon request to a Schools Division for
instructional purposes.

Copies of these instructional materials shall be furnished without cost to either the
CYSNs or the teacher who is handling their instruction.

SEC 16. Incentives for Private Sector Participation. ~ Partnership between the
government and private institutions catering to the needs of CYSNs shall be encouraged.
Private entities who or which team up with DepEd or provide the necessary educational
assistance and service of CYSNs enrolled in public schools shall be entitled to benefits and
incentives provided under Republic Act No. 8525 or the ‘Adopt a School Act of 1998’and its
Implementing Rules and Regulations.

SEC. 17. Inclusion of Children with Special Needs in Child Development
Centers. - Child Development Centers (CDCs) 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 be
established near or within existing Centers or in other Centers. As far as practicable, the
use of existing CDCs and facilities shall be maximized.



The Early Childhood Care and Development Council (ECCD Council) — shall
coordinate with LGUs, DepEd, DSWD, DOH and other concerned agencies to provide
support programs for children with special needs under five years old.

SEC. 18. Health and Nutrition Services and Interventions. - The Department of
Health (DOH), National Nutrition Council (NNC), and ECCD Council shall provide inclusive
health and nutrition services and interventions for implementation by the Department of
Social Welfare and Development (DSWD), DepEd, and LGUs.

SEC. 19. Parent, Sibling, and Caregiver Education. ~ A formal training and
Counseling program shall be developed and initiated by the LGUs, in coordination with
DepEd, DSWD, LGUs, ECCD Council, DOH, disabled people's organizations (DPOs), parent-
Support organizations, health professional organizations, non-government organizations
(NGOs), and civil society organizations (CSOs) to equip parents, siblings, and caregivers of
CYSNs with working knowledge of special education, an understanding of the psychology of
CYSNs, and the awareness of their crucial role as educators so that they, in turn, can
maximize their knowledge and skills to fully participate in developing the potentials of
CYSNs. Parents should also be apprised of procedural safeguards to protect the educational
rights of children and their parents, and processes to resolve disputes and complaints
related to the education of CYSNs.

SEC. 20. Local Government Unit Participation. - LGUs may allocate a portion of
their Special Education Fund for the following:

(a) _ Provision of sites, buildings or centers where there are no existing school facilities
that may be used for the special education of CYSNs, as well as the establishment of CDCs
pursuant to Sec. 18 hereof;

(b) 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 funding of Inclusive Education
programs and equipment, among others;

(©) Operation of Inclusive Education programs including the payment of salaries,
allowances, and other benefits of teaching and non-teaching personnel in Centers, as well
as the conduct of competency trainings; and

(d) __ Delivery of health and nutrition services and interventions, educational assessment
Program of CYSNs in their respective localities that would be initiated by the DepEd.

SEC. 21. Public Information, Education, and Communication. ~ A nationwide
information dissemination campaign on the prevention, early identification, early detection
and the strategic intervention programs for CYSNs shall be intensified, This shall be the
joint responsibility of the Philippine Information Agency (PIA), Council for the Welfare of
Children (CWC), the National Council for Disability Affairs (NCDA) and the DepEd.
Likewise, the DepEd, in collaboration with DOH, Department of Labor and Employment
(DOLE), and LGUs shall disseminate materials and information concerning effective
practices in working with, training and educating CYSNs.

Private media outlets and organizations are encouraged to participate in the
dissemination of relevant materials and information regarding effective practices in
working with, training, and educating CYSNs.

SEC. 22. Appropriations. - The Secretary of 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. A separate line item budget for CYSNs shall be
incorporated in the budget of the DepEd.



SEC. 23. Implementing Rules and Regulations. - Within ninety (90) days from
the effectivity of this Act, the DepEd, in coordination with the DSWD, Department of
Interior and Local Government (DILG), DOH, DOF, Bureau of Internal Revenue (BIR), CWC,
ECCD Council, and NCDA and in consultation with DPOs, parent-support organizations,
health professional organizations, and NGOs and CSOs that are working with CYSNs, shall
promulgate and issue the necessary guidelines for the effective implementation of this Act.

SEC. 24. Separability Clause. - If for any reason, a provision or part hereof is
declared invalid, other provisions not affected thereby shall remain in full force and effect.

SEC. 25. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations contrary or inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,