FEPRES,

Republic o of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS.
Second Regular Session

HOUSE BILL No. 8995

Introduced by Representative Shirlyn L. Baiias-Nograles

EXPLANATORY NOTE

This bill seeks to establish a center for children with special needs in every
city and municipality of the country and appropriating funds therefor.

Paragraph 2, Section 3 of the Article XV of the 1987 Philippine
Constitution provides that “The State shall defend the right of children to
assistance, including proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial
to their development.”

Section 11, Article XIII of the Constitution also provides that “The State
shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the
needs of the underprivileged, sick, elderly, disabled, women, and children.”
Section 13, Article XIII further states that “The State shall establish a special
agency for disabled persons for their rehabilitation, self-development and self-
reliance, and their integration into the mainstream of society.”

Under Presidential Decree No. 603, otherwise known as the “Child and
Youth Welfare Code,” every child has the right to a well-rounded development
of personality to the end that the child may become a happy, useful, and active
member of society.

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This proposed measure aims to protect the most vulnerable sector of our
society, the children with special needs. It mandates every city and
municipality to establish a center for children with special needs, to implement
programs, and provide necessary interventions, facilities, and services that will
address the needs of these children, which range from medical, educational, and
developmental care and protection, to help them develop their potentials and
become productive members of our society.

Children with special conditions, such as children with physical,
intellectual, cognitive or developmental disabilities shall be treated with
sympathy, patience, and understanding, and entitled to treatment, education, and
care required by their particular condition. Every child has the right to the
assistance and protection of the State, particularly when the parents or guardians
fail or are unable to provide the fundamental needs of the child.

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

AB

SHIRLYN L. BANAS-NOGRALES

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8995

Introduced by Representative Shirlyn L. Bafias-Nograles

AN ACT
ESTABLISHING A CENTER FOR CHILDREN WITH SPECIAL NEEDS
IN EVERY CITY AND MUNICIPALITY 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 “Center for
Children with Special Needs Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to recognize
and discharge its responsibilities on the rights of children, especially on children
with special needs, by providing them assistance, proper care, nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation and
other conditions prejudicial to their development. In pursuance thereto, the
State shall:

a) Encourage the personal development of children with special needs

by providing free intervention and special education to the children;

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b) Establish centers to implement the programs for children with
special needs;

©) Identify the children with special needs and group them into
categories in order to determine the appropriate interventions for them;

d) Provide special training programs for teachers, guidance
counsellors, other personnel and parents;

) Provide logistical and infrastructure support that will effectively
supplement the programs for the children with special needs; and

f) Establish and maintain linkages with national, international,
governmental, and non-governmental organizations, institutions, and
counterpart agencies involved in or relevant to programs for Filipino children
with special needs.

SEC. 3. Center for Children with Special Needs. — There shall be
established a center for children with special needs, hereinafter referred to as the
“Center”, in every city and municipality of the country, which shall be in charge
of the implementation of programs for children with special needs. The Center
shall be under the supervision of the city or municipal social welfare and
development office, and shall provide free interventions, services and special
education programs to children with special needs.

The Center shall perform its functions in coordination with the Department
of Social Welfare and Development, National Council on Disability Affairs,
Department of Interior and Local Government (DILG), Department of Health

(DOH) and Department of Education (DepEd).
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For purposes of this Act, children with special needs refer to children who
suffer disabilities such as developmental delays, or medical, mental, congenital,
or other conditions which make learnings or activities difficult, including
children with behavioral or learning issues, vision or hearing impairments,
speech defects, or other diagnoses or disabilities that require special care.

SEC. 4. Social Welfare and Development Officers. — The Center shall
be headed by the social welfare and development officers who shall be
appointed by the local chief executives. The social welfare development officers
shall be responsible for the day-to-day operations of the center and shall
coordinate with relevant agencies the implementation of the policies and

guidelines set by the executive council under Section 6 of this Act.

SEC. 5. Programs Offered. — The Center shall offer, as far as practicable,
early intervention and transition programs and allied medical services including
occupational therapy, physical therapy, and speech therapy to children with
special needs.

It shall also provide programs that address the concerns and skills deficit
brought about by intellectual disability, global development delay, autism
spectrum disorder, communication disorder, attention deficit disorder or
attention deficit hyperactivity disorder, specific learning disorders, motor
disorders, visual and hearing impairment, other neurodevelopmental disorders

and related behavioral, sensory, and cognitive delays and other programs and

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services that prepare the children with special needs on activities in mainstream
society. The Center shall also implement special education programs.

SEC. 6. Executive Council. — The executive council is hereby created to
ensure the effective coordination and implementation of the programs

established under this Act. It shall be composed of the following officers:

a) Secretary of Social Welfare and Development, as chairperson;
b) Secretary of the Interior and Local Government, as vice
chairperson;

c) Chairperson of the National Council on Disability Affairs;

d) Secretary of the Department of Health (DOH);

e) Secretary of the Department of Education (DepEd);

f) Representative of the league of cities;

g) Representative of the league of municipalities;

h) Representative of social welfare and development officers;

i) One (1) distinguished citizen of the community representing the
parents of children with special needs; and

j) Two (2) private sector representatives from industries and
institutions involved in providing programs for children with special needs; as
members.

The representatives of the Social Welfare and Development officers,
parents of children with special needs and private sector shall be appointed by
the President upon the recommendation of the Secretary of Social Welfare and

Development.
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The members shall serve without compensation, but they shall be
reimbursed for necessary expenses incurred in their attendance in meetings of
the executive council or in connection with their official duties.

SEC. 7. Powers and Duties. — The executive council shall exercise the
following powers and duties:

a) Formulate programs for children with special needs with
appropriate educational surroundings with the end view of integrating them into
the national educational system;

b) Provide means of advancing the welfare of children with special
needs not only through equal opportunities and non-discriminatory practices,
but with pro-active approach through intervention and education;

c) Adopt programs by offering occupational, physical and speech
therapy, special education and related early intervention classes and transition
programs for children with special needs;

d) Adopt policies for admission to the center which shall facilitate the
enrollment of children with special needs regardless of gender, religious beliefs,
status or political affiliations: Provided, That the admission shall be given
priority to bonafide indigent families or low-income families, subject to the
rules and regulations on admission and retention to be prescribed by the
executive council;

e) Formulate policies and guidelines for the administration and

operation of the centers;

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f) Formulate policies on the staffing, appointment, promotion,
retention, removal, renewal, rewards, and incentives for support personnel;

g) Approve the grant of scholarships, stipends and allowances for
children with special needs with exceptional abilities;

h) Receive grants, donations, contributions, bequests, gifts in cash or
in kind and to formulate policies for the administration thereof;

i) Provide the Social Welfare and Development officers with
technical, administrative and other support services for the efficient and
effective implementation of the functions; and

iD Provide for its own rules of procedure, and prescribe rules and
regulations for the administration of the center, consistent with the objectives of
this Act.

SEC. 8. Appropriations. — The amount necessary for the initial
implementation of this Act shall be charged to the current appropriations of
each city and municipality. Thereafter, such sum as may be necessary for the
continued operation and maintenance of the centers shall be included in the
annual budget of cities and municipalities under the General Appropriations
Act.

SEC. 9. Implementing Rules and Regulations. — The Secretary of the
Interior and Local Government shall, in coordination with the DSWD, DepEd,
DOH and National Council for Disability Affairs, issue the rules and regulations

necessary for the effective implementation of this Act.

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SEC. 10. Repealing Clause. — All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts thereof, which are
inconsistent with the provisions of this Act are hereby repealed or amended:
accordingly.

SEC. 11. Effectivity.— This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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