Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7632

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, 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 (CSN), PROVIDING
GUIDELINES THEREFOR AND FOR OTHER PURPOSES

Children with special needs are among the most neglected groups of people in the
Philippines. The Department of Social Welfare and Development (DSWD) and
Department of Health (DOH) report that there are about 4,124,833 persons with
disabilities in the country, 21% of whom are children from 0 to 19 years of age.

However, only 7% of has access to educational opportunities. Distance and poverty
are obvious hindrances to facilities that can provide formal education for children
with special needs. Most often, private institutions who offer such services are
expensive and inaccessible.

At present, our public schools have limited special education (SPED) centers.
Accordingly, this bill proposes to put up educational facilities across multiple school
divisions in order to meet the goal of affording children with special needs the right
to education as enshrined in the 1987 Constitution and international convention on
the rights of children.

Further, this bill seeks to provide our children with special needs the opportunity to
be educated in the best available environment with the right education that meets
their specific needs.

In view of the foregoing, the passage of this bill is hereby earnestly sought.

i frhr

LUIS RAYMUND/“LRAY/ F. VILLAFUETE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, _7632

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, 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 (CSN), PROVIDING
GUIDELINES THEREFOR AND FOR OTHER PURPOSES

Be if 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 (SPED) Act;

Sec. 2. Declaration Policy — It is hereby declared the policy of the State to protect
and promote the rights of children with special needs (CSN) 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 integral part of national development
strategies.

It is also the policy of the State to give full support for their welfare and development. ensure
their full integration in society, as well as facilitate their active participation in the affairs of the
State. towards this end the State shall institutionalize an adequate and relevant educational
program for CSN through the establishment of Special Education (SPED) centers and the
provision of vital support mechanisms to ensure their development in the most enhancing
environment consistent with the provision of quality education that best meets their needs.

Sec. 3. Objectives. — The following shall be the objectives of this Act:

(a) To provide CSN access to basic education through the formal system and other
alternative delivery services in education;

(b) To facilitate integration of CSN with mainstream education:

(©) To ensure that CSN fully develop their potentials towards self-sufficiency and become
more effective partners in the affairs or the country:

(@) To ensure that CSN understand. appreciate and respect differences among.si groups
and members in society and also to understand the nature or society in which they live;

(©) To identify gifted and talented children from ages three (3) to sixteen (16);


(f) To provide the parents with information on the full continuum of SPED services and
possible placement options for their children, thus enable them to make informed
choices and decisions;

(g) To enhance the role of parents. teachers and other caregivers as primary educators
and caregivers of the children by equipping them with capabilities to identify. prevent.
refer or intervene with the developmental disorders and disabilities of children;

(h) To involve private groups. local government units (LGUs) and national agencies other
than the Department of Education (DepEd) in the education of CSN; and

(i) To create significant and positive changes in community altitudes towards disability and
the need to provide special education and proper care tor CSN.

Sec. 4. Definition of Terms. For purposes of this Act, the Following terms Shall be
defined as follows:

(a) Disability refers to any of the following:

(1) A physical or mental impairment that substantially limits one or more
psychological, physiological or anatomical function of an individual or activities of
such individual;

(2)A record of such an impairment: or

(3)Being regarded as having such impairment.

(b) Impairment refers to any loss. diminution or aberration of psychological. physiological
or anatomical structure or function.

(c) Handicap refers to a disadvantage of an individual resulting from an impairment or a
disability, that limits or prevents the function or activity that is considered normal given
the age and gender of the individual;

(d) 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;

(e) Marginalized/disadvantage persons with disabllities refer to disabled persons who [ack
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 or have incomes below
the poverty threshold as determined by the National Statistics Coordinating Board
(NSCB);

(f) Children with special needs (CSN) refer 10 those who are gifted or are fast learners
and those who are disabled, impaired or handicapped and in need of special education
as well as services for rehabilitation. They differ from the average children in mental
characteristics, sensory abilities, neuromuscular or physical characteristics and social
attributes, to such an extent that requires the use of modified school practices or
special education services to develop them to maximum capability. They may be
classified as follows:

(1) Gifted children and fast learners are those 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, 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 trails; above average ability including intelligence, high
creativity which implies the developmental appreciation of innovative ideas and
high task commitment which is related a high degree of motivation, and those who,


by reason thereof, require services or activities not ordinarily provided by the
school;

(2)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
(2) or more of the applicable adaptive skill areas: communication, self-care, home
living, social skills, community use. sew direction, health and safety. functional
academics. leisure and work;

(3)Children with visual impairment are those who are blind or have low vision.
Persons are blind if they have visual capacity of 20/200 or less in the better eye
after maximum correction. The low vision persons retain relatively low degree of
vision and can read only enlarged print or regular print under special conditions;
(4) Children With hearing impairment are those who are deaf or hard-of hearing.
Deaf persons are those whose hearing is non-functional for ordinary purposes in
life. The hard- of-hearing have a defective sense of hearing that is functional with
or without a hearing aid:

(5)Children with behavior problems are those who cannot adjust to the socially
accepted norms of behavior and consequently disrupt their academic progress,
the learning efforts of their classmates and interpersonal relations;

(6)Children with orthopedic/physical handicap are those whose impairment
permanently or temporarily interferes with the normal functions of the joints,
muscles or limbs:

(7)Children Willa special health problems are those who have health conditions
that tend to keep children out-of-school or those with chronic: and/or debilitating
illnesses such as cardiac (heart) diseases. asthma. diabetes, tuberculosis and
other respiratory ailments, carcinoma, epilepsy. malnutrition and others;
(8)Children with learning disabilities are those who although normal in sensory,
emotional and intellectual abilities exhibit disorders in perception. listening,
thinking, leading, writing, spelling or arithmetic. They have such conditions as
perceptual handicap. brain injury. minimal brain dysfunction. dyslexia or
developmental aphasia;

(9) Children with speech defects are those whose speech differs from the average
‘so far as to draw unfavorable attention to the manner of speaking rather than to
the thought conveyed;

(10) Children with autism are those with developmental disabilities, the onset of
which occurs before thirty (30) months of age and 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; and

(11) Children with multi-handicaps are those with more than One (1) disability such
as the deaf-blind or those diagnosed with autism and intellectual disability.

(g) Auxiliary aids and services refer to services that are basically non-education
services that enhance the education process of CSN. These include:

1) Therapy

2) Qualified interpretations or other effective methods of delivering materials
to individuals with hearing impairments;

3) Qualified reading, taped tests or other effective methods of delivering
materials to individuals with visual impairments;

4) Acquisition or modification of equipment or devices: and


5) Other similar services and actions or all types of aids and services that
facilitate the learning process of people with mental disability.

(h) Special instructional materials refer to textbooks in Braille- large type or any other
medium or any apparatus that conveys information to a student or otherwise
contributes to the learning process.

(i) 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 CSN.

() Basic education refers to kindergarten, at least six (6) years of elementary
education and at least six (6) years of secondary education.

{k) Special education refers to basic education that takes into account the special
needs of both disabled children and gifted children. This is a systematic and
deliberate process that enables CSN to achieve functional literacy and the
highest level of their individual potential and capacity. li is also defined as that
type of education tailored to meet the needs of children who cannot profit
because OF exceptional abilities. SPED is geared towards integration of CSN
with mainstream education; and

(|) Functional literacy refers to the level of literacy necessary for the student or child
to become a useful citizen and an effective member of society:

Sec. 5. Coverage. — This Act shall cover all students and CSN nationwide.

Sec. 6. SPED Centers in Regular Schools. — At least 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 he
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 CSN to be integrated/included in regular schools;
(b) Conduct school-based training of CSN:

(©) Produce appropriate teaching materials for CSN; and

(d) Conduct assessment of CSN.

It shall also be the responsibility of the SPED centers to assist, facilitate and monitor the
transfer/admission of qualified children with disabilities to post-secondary or tertiary education
institutions.

Each SPED center shall have specialized teachers who can handle children and youth with
‘special needs. Regular teachers currently handling special education of CSX shall henceforth
be classified as SPED teachers.

In order to ensure the optimum operation of SPED centers. each shall have an assistant
principal, early intervention programs. monitoring, supervision and provision of technical
assistance, training and enhancement programs to SPED personnel. and a placement
committee which shall be tasked of formulating, implementing and overseeing referral and
placement procedures.


Sec. 7. Other Personnel of SPED Centers. — The administrative core and
placement committee of the SPED unit shall consist of:

(a) One (1) educational psychologist or psychometrician;
(b) One (1) physical therapist:

(©) One (1) occupational therapist;

(4) One (1) speech and language therapist speech correction teacher-. And
(©) One (1) education supervisor.

They shall also be jointly tasked to develop and maintain a data bank in special education in
their respective jurisdictions. The placement committee shall- in consultation with and active
participation of parents 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 to avail of educational
services.

Sec, 8. Itinerant SPED Teachers. — Itinerant SPED teachers shall also be appointed
Whenever necessary. They shall assist isolated or remote schools with specialized
equipment. individual programs. curriculum adjustment, teaching aids and building
modifications.

Sec. 9. Authority of the Secretary ref Education to Give Grants to or Enter into
Cooperative Arrangements for the Creation 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 CSN or for programs such as the following:

(a) Technical assistance to SPED centers;

(b) Training of professionals or related services personnel who are preparing to serve
or are serving CSN;

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

(d) Facilitation of parental involvement in the education of their CSN;

(e) Diagnosis and educational evaluation or CSN;

(f) Consultative, counseling and training services for the families of CSN: or

(g) Familiarization of the municipality or city being served by a SPED center with the
problems and potentialities of such children

Sec. 10. Continuing Research To Identify Needs of CSN. — The DepEd by itself or
in association with organizations or institutions shall undertake continuing research to identify
and design programs that shall meet the full range of needs of the CSN: Provided, That such
continuing research shall also be used to develop instructional techniques for use by the
SPED centers towards improving CSN acquisition of skills necessary for their transition to
independent living, vocational training or competitive development: Provided, further, 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 CSN for community
participation.


Sec. 11. Student Assistance. — The DepEd shall provide financial assistance to
economically marginalized but deserving students with special needs at the elementary and
secondary levels such as, but not limited to, scholarship grants, allowances for transportation,
food, lodging and books, student loan programs, artistic and cultural tours, training programs,
subsidies, and such other similar incentives.

Special equipment such as, but not limited to, wheelchairs, crutches, special toilets and
hygiene requirements, hearing aids, eyeglasses and such other assistive devices required by
the students to optimize education and participation in the educational process shall also be
provided for free or at very affordable rates to deserving students through a reasonable
funding scheme that shall be designed by the DepEd.

Sec. 12. Medical Assistance. — The DepEd 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 such as but not limited to, therapy, psychometric
assessments, medical examinations and the like with government clinics, hospitals and other
health facilities. In case the medical service is not offered by the nearest or accessible
government health facility or cannot be obtained by reason of critical immediacy or needs a
more specialized or advanced treatment, CSN shall be entitled to twenty percent (20%)
discount from the services of any private hospital or clinic: Provided. That these private
hospitals and clinics may claim the cost as tax credit.

See. 13. Nutritional Programs. - The nutritional programs for CSN shall be
supervised by the National Nutrition Council (NNC) and the Department of Health (DOH), in
coordination with the LGU health officer.

Sec. 14, 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 he
administered, shall also be established near or within existing SPED centers or those that will
be created by the DepEd with the support of the Department of Social Welfare and
Development (DSWD) and the LGU in the area. As far as practicable, the use or existing day
care centers and facilities shall be maximized.

Sec. 15. Recreational and Artistic Opportunities. — The DepEd shall institute a
program for CSN that will afford them full opportunities for safe and wholesome recreation
and activities, individual as well as social for optimal use of their leisure hours and for the
advancement of their physical, mental, social and cultural development.

Sec. 16. Remuneration and Benefits. — The SPED teachers and school
administrators managing SPED centers and special schools shall be assigned a salary grade
that is three (3) salary grades higher than that of a regular teacher and school administrator,
respectively.

The DepEd shall enhance the right of the teachers/instructors to professional advancement
and ensure that the SPED centers will attract the best available talents through adequate
remuneration, scholarship and training grants, teacher exchange programs, incentives and
allowances and other 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 DepEd shalll 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 16y any postgraduate
education program shall be designed to benefit SPED teachers and other personnel of SPED
centers. The manner of selection of such institution shall be provided under the implementing
rules and regulations of this Act.

Sec. 17. Parent, Sibling and Caregiver Education. - The shall be a formal training
and counseling program for parents, siblings and caregivers of CSN for them to acquire a
working knowledge of special education, gain an understanding of the psychology CSN and
be aware of their crucial role as educators so that they maximize their knowledge and skills
for optimum development of the potentials of the child.

Sec. 18. Special Instructional Materials. publishers shall grant the DepEd the
authority to transcribe adopted instructional materials into Braille, large type and audio-tape
without penalty or payment of royalty. Each publisher of newly adopted instructional materials
shall provide computerized files of said materials to the DepEd which may he copied and
distributed upon request, to a school division on or before the second working day after the
adoption of textbook tides by the DepEd.

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 when no longer needed.

Sec. 19. Incentives to Private Sector Participation. Partnership between the
government and private institutions catering to the needs of CSN shall be encouraged. All
profits and income generated by the SPED center derived from its fundamental function as
an educational institution shall be exempt from income tax. Any donation, contribution,
bequest and grant which may be made 10 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: Provided, that such donations shall not be
disposed of transferred or sold. Economic, technical and cultural hooks and/or publications
shall be imported duty-free upon certification by the DepEd that such imported hooks and/or
publications are for economic, technical, vocational, scientific, philosophical, historical,
cultural purposes, in accordance with the provisions of the Tariff and Customs Code, as
amended.

Sec. 20. Local Government Unit Participation — The LGUs shall be responsible for
the following:

(@) Provision of buildings or centers which are CSN-friendly and sites where there
are no existing school facilities that may be used for the special education of CSN. as
well as the establishment of day care pursuant to Section 14 hereof

(b) Organization of one (1) parent-teacher association for CSN in every school
Offering special education in their respective jurisdictions;
(©) 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 for SPED programs and
equipment, among others; and

(@) Provision of counterpart funds for the training and seminars of parents and
teachers, and nutritional programs for the CSN in their respective localities to be
determined by the DepEd, in coordination with the Department of Budget and
Management (DBM) and the Department of Finance (DOF).

Sec. 21. Public Information, Education and Communication. - A nationwide
information dissemination campaign on the prevention, early identification and intervention
programs for CSN shall be intensified. This shall be the joint responsibility of the Philippine
Information Agency (PIA), the Council for the Welfare of Children (CWC) and the DepEd. The
DepEd, in collaboration th the DOH and the Department of Labor and Employment (DOLE),
shall also disseminate materials and information concerning effective practices in working
with. training and educating CSN.

Sec. 22. Appropriations. — The Secretary of the DepEd shall immediately include in
the Department's programs the implementation of this Act. the funding of which shall be
included in the annual General Appropriations Act.

Sec. 23. Implementing Rules and Regulations. — The DepEd. in coordination with
the DSWD, the Department of the Interior and Local Government (DILG). the DOH, the DOF,
the Bureau of Intemal Revenue (BIR), the C and the National Council Disability Affairs
(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. 24, Separability Clause. — if, any reason. any provision or part hereof is declared
invalid. the other provisions not affected thereby shall remain in full force and effect.

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

Sec. 26. Effectivity. — This Act shall lake effect fifteen (15) days after its publication
in two (2) newspapers of general circulation.

Approved,