Republic of the Philippines f
HOUSE OF REPRESENTATIVES f
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

Holise Bill No. 5440

Introduced by Representatives Mariano Michael M, Velarde Jr. and Williain Irwin
Tieng (BUHAY Party List)

EXPLANATORY NOTE

Article XIV, Section 2(1) of the Constitution stipulates that the State shall establish,
maintain, and support a complete, adequate, and integrated system of education
relevant to the needs of the people and society. Pursuant to this mandate, the State
enacted Presidential Decree No. 603 or The Child and Youth Welfare Code which
Provides that: “The gifted child shall be given opportunity and encouragement to
develop his special talents.”

Presently, according 1o a University of the Philippines publication, the country's school
system does not have adequate programs that go beyond identifying gifted children by
nurturing them until they have completed their education. Considering that the
Department of Education found that there are 77,152 gifted children or fast learners in
the countsy just in the school year 2004-2005, it is crucial that the State acts to address
the needs of these Filipinos for the benefit of our society.

To this end, this bill seeks to improve the quality of existing programs for gifted and
talented pupils and to provide for experimentation in the delivery of the programs that
go beyond the structures of a typical education system. Moreover, it seeks to provide
for the identification of gifted and talented pupils by schools divisions in a variety of
ways that do not diminish the quality of programs for individual pupils.

is pill is earnestly requested.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bio, 5440

Introduced by Representatives Mariano Michael M. Velarde Jr. and William Irwin
Tieng (BUHAY Party List)

AN ACT ESTABLISHING A PROGRAM FOR GIFTED AND TALENTED PUPILS
ENROLLED IN PUBLIC ELEMENTARY SCHOOLS, PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the "Gifted and Talented Pupil
Program of 2011".

SEC, 2. Definition of Terms. - For the purposes of this Act,

a. "Gifted and talented pupil” shall mean a pupil enrolled in a public elementary school
who is identified as possessing demonstrated or potential abilities that give evidence of
high performance capability;

b. "Highly gifted pupil" shall mean a gifted and talented pupil who has achieved a
measured intelligence quotient (IQ) of 150 or more points on an assessment of
intelligence administered by qualified personnel or has demonstrated extraordinary
aptitude and achievement in language arts, mathematics, science, or other academic
subjects, as evaluated and confirmed by both the pupil's teacher and principal. Highly
gifted pupils shall generally constitute not more than one petcent (1%) of the pupil
‘population.

¢. "Participating pupil" shall mean a pupil identified as a gifted and talented pupil who
takes part ina program for at least one semester of a schoal year.

SEC. 3. The Program - There is hereby created a "Gifted and Talented Pupil Program’,
hereinafter referred to as the "Program", which shall be an appropriately differentiated
curriculum provided by the Department of Education for gifted and talented pupils
which meets the standards established Pursuant to this Act, and which also include the
identification of these pupils.

SEC. 4, Categories for Defining Pupils’ Capabilities. - For the purposes of this Act, the
demonstrated or potential abilities that give evidence of high performance capability
shall be defined by each local school district in accordance with regulations established
by the Department of Education, hereinafter referred to as the DepEd.


Each DepEd division shall use one or more of the following categories III defining the
capability: intellectual, creative, specific academic, or leadership ability; high
achievement; performing and visual arts talent; or any other criterion that meets the
standards set forth by the DepEd. Each DepEd schools division shall also consider
identifying as gifted or talented any pupil who has transferred from a division in which
he or she was identified as a gifted and talented pupil.

SEC. 5. Coverage of the Program. - The DepEd shall maintain regulations governing the
following areas:

a. Procedures that DepEd schools divisions shail use in identifying gifted and talented
Pupils who are eligible for the program and in providing programs pursuant to this
Act

b. Definitions of special day classes, part-time grouping, enrichment activities, cluster
grouping, independent study, acceleration, postsecondary education opportunities and
other programs that the DepEd deems appropriate;

©. Establishment of allowable indirect cost expenditures that may be funded by gifted
and talented program funds;

d. Establishment of subsidies, scholarships, and grants for economically disadvantaged
Pupils that may be funded by gifted and talented program funds; and

¢. Other areas that the DepEd schools division deem necessary to implement fully the
intent and provisions of this Act.

SEC. 6. DepEd. - ‘The DepEd shall:

a. Apportion funds pursuant to this Act to each DepEd schools division for which an
application to offer programs pursuant to this Act has been approved by the DepEd
according to this Act and regulations adopted by the DepEd;

b. Assist schools division, upon their request, to design, implement, and cvaluate
Programs funded under this Act;

c. Ensure that the expenditure of funds authorized for programs pursuant to this Act is
consistent with the Act;

d. Encourage the development of locally designed, innovative programs for gifted and
talented pupils;

e. Assist schools divisions in the development and implementation of staff development
Programs related to gifted and talented pupils; and

£ Encourage the development of procedures that assure the ongoing participation of
Parents of gifted and talented pupils in the planning and evaluation of programs
funded pursuant to this Act.

SEC. 7. Schools Divisions. -

a. Schools divisions that elect to provide programs pursuant to this Act may establish
Programs for gifted and talented pupils consisting of special day classes, part-time

2


groupings, and cluster groupings, consistent with the regulations of the DepFd. These
Programs shall be planned and organized as an integrated, differentiated learning
experience within the regular school day, and may be augmented or supplemented
with other differentiated activities related to the core curriculum using such strategies
as independent study, acceleration, postsecondary education, and enrichment.

b. Each participating schools division shall determine the most appropriate curricular
components for participating pupils within its division.

¢. For all programs for gifted and talented pupils, including programs for pupils with
high creative capabilities and talents in the performing and visual arts, each
Participating school district shall concentrate part of its curriculum on providing

Participating pupils with an academic component and, where appropriate, with
instruction in basic skills.

SEC. 8. Operation of the Program. - The participating schools division that provides a
Program for gifted and talented pupils pursuant to this Act may:

a. Conduct programs, seminars, and classes for gifted and talented pupils within or
outside the boundaries of the schools division and, for that purpose, employ instructors,
supervisors, and other personnel and provide necessary equipment and supplies; and

b. Transport or arrange for transportation of Pupils to or from educational institutions
where regularly scheduled programs and classes are being conducted.

SEC. 9. Appropriation, - The amount of Fifty Million Pesos (Php50,000,000.00) is hereby
authorized to be appropriated from the Special Activities Fund of the President of the
Republic of the Philippines, or from any other source that may be identified for the
Purpose. Thereafter, such sum required for the operation, maintenance, and
development activities of the Program shall be included in the annual budget of the
Department of Education.

SEC. 10. Repealing Clause. - All laws, rules, regulations, orders, circulars, and
memoranda inconsistent with any provisions of this Act are hereby repealed or
modified accordingly.

SEC. 11. Separability Clause. - Should any provision of this Act be declared invalid gr
unconstitutional, no other provisions hereof shall be thereby affected.

SEC. 12. Implementing Rules and Regulations. - The DepEd, shall, within sixty (60)
days after the approval of this Act, Prepare and issue the necessary guidelines to
implement the same.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.