SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez ant
Representative Maximo B. Rodriguez, Jr.

House Bill No,_ 1626

EXPLANATORY NOTE.

This bill was originally introduced as House Bill No. 2280 by the undersigned
Rufus B. Rodriguez during the 15" Congress where it was approved by the
Committee on Welfare of Children and substituted by House Bill No. 6547. It was
subsequently approved by the House of Representatives and transmitted to the
Senate where it was not acted upon,

Every child is entitled to the basic necessities in life: food, shelter and clothing
More than these physiological needs that have to be attended, it is the responsibility of
the parents, together with the full support and assistance of the State, to provide their
children with quality education. As expressed in Article 14 Section 1 of the Philippine
Constitution:

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.”

Children and youth with special needs include those who are gifted with
advance knowledge and skills on one hand and the physically and mentally impaired
and handicapped persons on the other. They need education and training different
from those given to ordinary children. They need special programs that would further
enhance mental and physical capacities to make these beneficial to them and to their
family and community.

In addressing the situations, committed and dedicated participation from all
sectors of the society is required. The children need the love, nurture and support of
their families. They need to feel that they are accepted by and belong to their
‘communities. They need the expertise of trained educators and staff. They need the
support and assistance of the government.

This bill proposes the establishment of special education centers in strategic
places to be able to provide accessible services for children with special needs. These
centers will administer special education that takes into account the distinct needs of
both disabled and gifted children through a systematic and deliberate process.

For these reasons, approval of this bill is earnestly sought

Ue
RUFUS B. roopiguez
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MAXIMO 8./RODRIGUEZ, JR.



‘SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and

Representative Maximo B. Rogie. Jr.

House Bill No.

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 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 (SPED)
Act of 2013”

SEC. 2, Declaration of 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 and also pursuant to the
mandate stated in. the 1987 Constitution (Section 13, Article Il; Section 13, Article XiIll;
and Sections 1 and 2, paragraphs 1 and 3, Article XIV), Article 3 of Presidential
Decree No. 603 (The Child and Youth Welfare Code) and Sections 12, 13 and 14 of
Republic Act No. 7277 (Magna Carta for the Disabled), the State shall institutionalize
an adequate and relevant educational program for every CSN through the
establishment of SPED centers and the provision of vital support mechanisms for
such. Thus, all CSN, in any degree of sensory, physical or intellectual disability or
needs, shall 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. — The objectives of the SPED Act of 2012 are:

(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;

(c) To ensure that CSN fully develop their potentials towards self-sufficiency and
become more effective partners in the affairs of the country;

(d) To ensure that CSN understand, appreciate and respect differences amongst
groups and members in society and also to understand the nature of 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

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

SEC. 4. Definition of Terms. — For purposes of this Act, the following terms are
defined:

(@) Disability refers to any of the following

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

2. Arecord of such an impairment; or

3. Being regarded as having such an impairment.

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

(©) Handicap refers to a disadvantage of an individual, resulting from an
impairment or 2 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 2 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/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 or have
incomes below the poverty threshold as determined by the National Statistics
Coordinating Board (NSCB).

() Children with special needs (CSN) refer to 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 leamers are those capable of superior
performance including those with demonstrated achievement or potential
ability in one (1) 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
(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
the school;

2. (2) Children with mental retardation/ntellectual disability are those
who have substantial limitation in present functioning characterized by


10.

4

significant subaverage 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,
‘self-direction, health and safety, functional academics, leisure and work;
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 are
nonfunctional 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 leaming 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 with special health problems are those who have health
conditions that tend to keep children out-of-school or those with chronic.
andlor debilitating illnesses such as cardiac (heart) diseases, asthma,
diabetes, tuberculosis and other respiratory ailments, carcenonza,
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, reading, 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
Noneducation, but enhance on the education process of the child with special needs.
These include:

4;
2

3.

Therapy;

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

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

‘Acquisition or modification of equipment or devices; and

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 nongovernmental 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 four (4) 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. It 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

(\). 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 schoo! 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 CSN to be integrated/included in regular schools;

(b) Conduct school-based training of CSN;

(c) 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 who may include, but shall not be limited to, those with
visual impairment, hearing impairment, autism, learning disabilities, behavioral
problems, muttiple disabilities, mental retardation/handicap and mental giftedness.

Regular teachers currently handling special education of CSN shall henceforth
be classified as SPED teachers.

There shall be an assistant principal for each SPED center who. shall
administer and supervise the alternative educational programs; early intervention
programs; monitoring, supervision and provision of technical assistance, training and
enhancement programs to SPED personnel, referral and placement procedures; and
oversee the other components of the special education program. The assistant
principal shall also be responsible for the formation and supervision of the placement
committee as well as in the resolution of disagreements on placement and services

SEC.7. Other Personne! of SPED Centers. - The administrative core and
placement committee of the SPED unit shall consist of.
(2) One (1) educational psychologist or psychometrician;
(b) One (1) physical therapist;
(©) One (1) occupational therapist;
(d) One (1) speech and language therapist/speech correction teacher; and
(e) 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 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 nonprofit 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;

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

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

(€) Diagnosis and educational evaluation of 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 which may come in the form of scholarship grants;
allowances for transportation, food, lodging and books; student loan programs; artistic
and cultural tours; training programs; subsidies; and other incentives. Marginalized or
disadvantaged persons with disabilities and those coming from indigenous
‘communities shall be the priority in the grant of the aforesaid assistance.

Special equipment like wheelchair, crutches, special toilet 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 discounted rates to deserving students and at very
affordable rates in general 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 like 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.

SEC. 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 preschool 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 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 of 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 teaching staff 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
fufflment 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 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 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, ~ There 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 of 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. Furthermore, on or before the second (2™)
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.

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
Alll 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 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: Provided,
That such donations shall not be disposed of, transferred or sold. Economic, technical
and cultural books and/or publications shall be imported duty-free upon certification by
the DepED that such imported books and/or publications are for economic, technical,
vocational, scientific, philosophical, historical or 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:

(a) 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

(d) 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).

SEG. 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 with 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 Internal Revenue (BIR), the CWC and the National Council on
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, for 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. - All 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 take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation

Approved.