Sl'l1llfr 
(~If,;. "I H!.~,,"t.ru 
SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular 
) 
'13 
JUl -4 All :05 
SENATE 
S. No. -475 
REt' 
Introduced by Senator Antonio "Souny" F. Trillanes IV 
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. It is in the public interest to support unique opportunities for high-achieving 
and underachieving pupils in the public elementary schools who are identified as gifted and 
talented. Special efforts should be made to ensure that economically-disadvantaged pupils be 
provided with full participatiou in these unique opportunities. 
However, the country's school system does not have adequate programs that go beyond 
identifying gifted children by nurturing them lmtil they have completed their education. 
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 
time-honored education system. Moreover, the bill provides for the creation of Bureau of Special 
Education to institutionalize and govern special education in the Philippines. Said Bureau shall 
be specifically taksed to formulate appropriate curriculum and developmentally-suited programs 
to a achieve functional literacy of the children and youth with special needs and ensure their 
inclusion to society. 
In view ofthe foregoing, approval of this measure is earnestly sought. 
ANTONIO "SONNY" F. TRILLANES IV 
Seuator 
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SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S. No. 47:1 
Introduced by Senator Antonio "Sonny" F. TrlIlanes IV 
AN ACT 
's.rUZlh' 
{~fh;r "I tll< ~.""lnr~ 
'13 
JUL -4 Al1:OS 
INSTITUTING INCLUSIVE EDUCATION THROUGH SPECIAL EDUCATION IN ALL 
PUBLIC 
AND 
PRIVATE 
ELEMENTARY 
AND 
SECONDARY 
SCHOOLS 
NATIONWIDE FOR CHILDREN AND YOUTH WITH SPECIAL NEEDS AND 
ESTABLISHMENT OF THE BUREAU OF SPECIAL EDUCATION CREATING THE 
IMPLEMENTING MACHINERY THEREOF, PROVIDING GIDDELINES FOR 
GOVERNMENT FINANCIAL ASSISTANCE AND OTHER INCENTIVES AND 
SUPPORT FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled' 
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SECTION 1. Silort Title. - TIlis Act shall be known as the "Special Education Act. " 
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SEc.l2. Declaration of Policy. It is hereby declared the policy of tl~e 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 national development and that finding solutions to their problems forms an integral part of 
national development strategies. 
It is also the policy of the State to give full support for their welfare and development to 
ensure their full integration to society as well as to facilitate their active participation in the 
affairs of the State, Towards this end, and also pursuant to the mandate stated in Section 13 of 
Article 2, Sec. 13 of Article 13 of the 1987 Constitution, Article 3 of PD. 603, Sections 12-14 of 
Republic Act No, 7277, Article 24 of the UNCRPD, Convention on the Rights of the Child 


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CCRC), the Salamanca Statement and Framework for Action on Special Needs Education, 
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Education for All (EFA) the State shall institutionalize an adequate and relevant educational 
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program for every child with special needs through the establishment of SPED Centers and of 
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their vital support mechanisms. Thus, all CSN, irrespective of the degree of sensory, physically 
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or intellectual disability or need, will have the opporttmity to be educated in the most 
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educationally enhancing environment consistent with the provision of a quality education that 
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best meets their needs. 
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SEC. 3. Objectives. The objectives of the Special Education Act are: 
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(a) To provide access to basic education among CYSN namely the gifted and talented, 
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children with develQpmental delays: those with intellectual disability, with visual impairment, 
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with hearing impairment, with orthopedic impairment, with physical impainnent, with learning 
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disability, with speech defects, with behavior problems, with autism, and those with health 
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problems through the formal system and other alternative delivery service in education; 
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(b) To ensure that CYSN fully develop their abilities, talents, interests and all aspects of 
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their development to become more responsible for their lives and more effective partners in all of 
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the affairs and concerns ofthe country. 
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(c) To ensure the CYSN understand, appreciate and respect differences among groups 
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and members in society and also to understand the nature of society in which they live; 
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(d) To inform the parents about the full continumn of services, possible placement 
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options during discussions about their children'S education and other relevant information to 
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enable them to make informed deciSions and choices; 
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(e) To equip the parents and other caregivers and the teachers with the capabilities to 
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identify, prevent, refer and intervene with the developmental disorders and disabilities of 
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children as well as in the relevant individual programing, planning for the student where such 
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program differs significantly for the standard curriculum and other matters that erulance the role 
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of parents and other caregivers as the primary educators that caregivers of their children from 
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bilth onward; 
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(1') To involve private groups, local government units and national agencies other than the 
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Deprutment of Education, in the education of children with special needs; 
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(g) To effectuate significant and positive changes in community attitudes towards 
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disability and the need to provide special education, care and other needs of children with special 
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needs. 
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SEC. 4. Definition of Terms. For the plU'Poses of this Act, these terms are defined as 
follows: 
(a) Disability shall mean 
I) 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; 
3) being regarded as having such an impairment. 
(b) Impairment is any loss, diminution or aberration or psychological, physiological or 
anatomical structure or function; 
( c) H~ndicap refers to a disadvantage of a given individual, resulting from an impairment 
or a disabilit} that limits or prevents the functions or activity tImt is consid~red nonnal' given the 
age and gender of the individual. 
(d) Persons with disabiities are tIl0se 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/disadvantaged disabled persons refer to disabled persons who lack 
access to rehabilitate service and educational opportunities due to poverty, abandonment, illness 


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and other fonn of neglect. For purposes of this Act, the word "poor" are those who either have no 
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means of livelihood or have incomes below poverty threshold; 
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(f) Children and youth with special needs are the gifted and talented and those who are 
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disabled, impaired and handicapped persons in need of special education as well as services for 
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rehabilitation. Helshe differs from the average child in 1) mental characteristics; 2) sensory 
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abilities; 3) neuro-muscular or physical characteristics; 4) social; 5) multiple handicaps; and/or 6) 
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has a developmental lag to such an extent that requires modified school practices or special 
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education services to develop to his maximum capability. They include persons aged 0-21 years 
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old and may be as follows: 
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I. Gifted and Talented children are those capable of superior performauce and 
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theseiinclude those with demonstrated achievements or potential ability in one or more of 
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the following areas: general intellectual ability, special aptitude, creative or productive 
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thinking ability, leadership ability or those individuals who consistently manifest the 
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following clnster of traits: above average ability (including intelligence), high creativity 
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(implies the developmental appreciation of iunovative ideas) and high task commitment 
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(related to a high degree of motivation) and those who by reason thereof, require services 
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or activities not or ordinarily provided by the school 
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2. The Intellectually Disabled are those who have. substantial limitation in present 
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functioning characterized by significant sub-average intellectual functioning, existing 
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concurrently with the related limitation in two or more of the applicable adaptive skill 
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areas; comlmmication, self-direction, home living, social skills, community use, self-
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direction, health and safety, functional academics, leisure and work; 
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3. TIle Visually impaired are those who are blind or having a low vision. A person 
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is blind if he has a visual acuity of 20/200 or less in a better eye after maximUlll 
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correction. The low vision person retains a relatively low degree of vision and can read 
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only enlarged print of regular or regular or regular print under special condition; 


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4. The Hearing Impaired are those who are deaf or hard-of.hearing. The deaf 
persoA is one whose hearing ;s functional for ordinary purpose in life. The hard-of-
heariJg has a sense of earing which although defective is ftlnctio~al without a hearing 
aid; 
5. Children and youth with behavior problems are those who cannot adjust to the 
socially accepted norms or behavior and consequently disrupt their academic progress, 
the learning efforts oftheir classmates and interpersonal relations; 
6. The Orthopedically Handicapped are those whose impairment permanently or 
temporarily interferes with the normal functions of the joints, muscles Of limbs; 
7. Children and youth with special health problems are those who have health 
conditions that tend to keep children out-of -school or those with chronic and/or illness 
like cardiac (heart) diseases, asthma, diabetes, tuberculosis aud other respiratory ailments, 
carcenonza, epilepsy, malnutrition and others; 
8. Children and youth with learning disabilities are those whose although normal 
in sensory, emotional and intelle.ctual abilities exhibit disorders in perception, listening, 
thinking, reading, writing, spelling or aritlnnetic. They have such condition as perceptual 
handicap, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia; 
9. The Speech impaired are those whose speech differs from the average so far as 
to draw unfavorable attention to the manner of speaking rather than the thought 
conveyed; 
10. Persons with Autism are those with developmental disabilities, having onset 
beforb 30 months of age which is marked by disturbance in development, language and 
relatibnship with persons, activities and objects and which may co-'exist with intellectual 
disability and epilepsy. Children afflicted with this disorder have perceptual, cognitive 
communication and social difficulties which change over time. 


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(g) Auxilliary aids and services are services that are basically non-education but impinge 
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on the education process of the child with special needs. These include: 
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1. therapy; 
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2. qualified interpreters or other effective methods of delivering materials 
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to individuals with hearing impainnents; 
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3. qualified readers, taped test OJ" other effective methods of delivering materials 
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to individuals with visual impainnents; 
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4. acquisition or modification of equipment or device; 
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5. other similar services and actions or all types of aids and services that facilitate 
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the learning process of people with mental disability; 
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(h) Augmentative and alternative commnnication devices are special instructional 
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materials like a textbook in Braille, large type or any other medium or any apparatus that 
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conveys information to student or otherwise contributes to the learning process .. 
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(i) P1vate sectors participation encompasses all foans of indispensable, substantial and 
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meaningful participation of private individuals, partnership, groups or entities, community-based 
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organization or non-governmental organizations in the delivery of educational and rehabillitative 
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services for students and children with special needs. 
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G) Basic Education consists of at least six (6) years of elementary education and at least 
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four (4) of secondary education including early years of education. 
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(k) Special Education is basic education that takes into account the special needs of both 
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the disabled children and the gifted and talented that requires a systematic and deliberate process 
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for them to achieve ftmctional literacy and which will bring the individual to the highest level of 
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his (1 )potential and capacity. It is also defined as the type of education tailored to meet the 
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needs of children who cannot profit because of disabilities or exceptional abilities. 
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(1) Functional literacy is the level of literacy necessary for the children and youth to 
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become useful citizens and effective members ofthe society. 


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SEC. 5. Coverage. - This Act shall cover student and children and youth with special 
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needs nationwide. 
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SEC .. 6. Creation of the Bureau of Special Education - To attain the ob;ectives of this 
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Act, the Bureau of Special Education (BSPED), hereinafter referred to as the Bureau, is hereby 
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created to Institutionalize and govern special education in the Philippines. The Bureau is 
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pritnarily tasked in the formulation and administration of an appropriate curriculum and 
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developmentally-suited prograrus to primarily achieve functional literacy of the children and 
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youth with special needs and ensure their inclusion to society. The fnll continuum of educational 
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services shall also be made available by the bureau to those CSN below school age through 
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regular home visits, consultations, day care activities and any other properties medium or 
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program. 
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BSPED shall function as a regular bureau of the Departnment of Education, under the 
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direct supervision of the Dep31tmnent Secretary and to be headed by a director and assistant 
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director. 
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The divisions chiefs shall serve as heads for the (1) Gifted and Talented Children and 
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Youth Division (GCYD); and (2) Children and Youth with Disabilities Division (CYDD) with 
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the staffing needs to be equitably distributed in accordance with the current needs and concerns 
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of their respective divisions. They shall assist the director in the formulation, implementation and 
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improvement of the fr31nework and components of the special education program. 
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The Philippine Printing House for the Blind under the existing organization structure of 
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~epED shall become pmt of the CYDD. 
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SE(l' 7. SPED Centers in Regular Schools. - At least one (1) sp(1cial education (SPED) 
center for each school division and at least three (3) SPED Centers in big school divisions shall 
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~e established in regular schools, where there are no existing SPED Centers. These SPED 
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Centers shall be administered by the principal of the regular school. 
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The SPED Center shall f\mction as the Resource Center for the implementation of 
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inclusive education that will accept all kinds of children in regular schools. It shall support 
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children and youth with special needs integrated and included in regular schools and b) assist in 
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the conduct of school-based training; c) produce appropriate teaching materials, and d) conduct 
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of assessment of children and youth with special needs. 
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Each SPED Center shall have at least the following staff who shall have qualifications as 
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to DepEd standards. They will have a starting salary classification of Grade 13: 
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a) 1 SPED teacher for the gifted and talented; 
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b) 1 SPED teacher for children and youth with intellectually disabled; 
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c) 1 SPED teacher for children and youth with visnal impairment; 
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d) 1 SPED teacher for children and youth with hearing impairment; 
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e) 1 SPED teacher for children and youth with autism; 
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f) 1 SPED teacher for children and youth with learning disability; 
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g) 1 SPED teacher for children and youth with behavior problems. 
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SPEJb teachers should work cooperatively with regular teachers. 
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There shall be an assistant principal for each SPED Center. He/she shall administer and 
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supervise the alternative educational program, early intervention programs, monitoring, 
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supervision and technical assistance and human resource training/SPED personnel enhancement 
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programs, referral and placement procedures, advisory services and other components of the 
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special education program in his/her jurisdiction. He/she shall also be responsible for the 
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formation and supervision of placement committee under hislher jurisdiction as well as in the 
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resolution of disagreement on placement and services. 
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SEC. 8. Other Personnel 0/ SPED Centers. - One edncational psychologist or 
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psychometrician, one social worker, one education supervisor and lone medical health officer for 


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each city, and province shall be appointed, among other responsibilities, shall comprise the 
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administrative core and placement committee of the SPED unit in the area. They shall also be 
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jointly tasked to develop and maintain a database in special education in their respective 
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jurisdiction. The placement committee shall, among others, ensure that students with disabilities 
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are educated as close as possible to their homes and alongside tlleir age-appropriate peer groups, 
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and that these students attend their local schools or travel tile distance possible in the availment 
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of educational services, in consultation witll, and active participation of parents. 
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SEC. 9. ItilleralltiMobile SPED teachers. - ltinerantlMobile SPED teachers shall also be 
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appointed whenever necessary and on a needs basis. He/she shall assist isolated or remote 
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schools with specialized equipment, individual programs, curriculum adjustment, teaching aids 
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and building modifications. 
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SEC. 10. Authority of tile Secretary of Educatioll to Give Grants to, or Enter illto 
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Cooperative Arrangement for tile Creatioll of SPED Centers. - The Secretary of Education is 
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hereby authorized to give grants to, or enter into cooperative arrangement or contracts with 
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public or private non-profit agencies, institutions or organization for tile establishment or 
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creation of SPED Centers for children and youth with special needs: Provided, That a grant made 
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pursuant to this Section may be made only for tlte following or similar programs: 
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(a) Technical assistance of SPED Centers providing educational assistance for childre,n 
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with special needs (CSN); 
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(b) Pre-service or in-service training of professionals or related services personnel 
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preparing to serve or serving CSN; 
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(c) Replication of successful innovative approaches to providing educational or related 
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services to CSN; 
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(d) Facilities of parental involvement in the education oftlteir CSN; 


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(e) Diagnosis and educational evaluation of CSN at risk of being certified CSN; 
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(f) Consultative, counseling and training services for the families ofCSN; 
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(g) Familiarization of the municipality or city to be served by a SPED Center with the 
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problems and potentialities of such children. 
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SEC. 11. Provisiollfor Colltilluillg Research to Idellt/.fy Special Needs of CYSN. - The 
Bureau of Special Education (BSPED) by itself or in associate with such organizations or 
institutions as are detennined by the DepEd Secretary to be appropriate, shall undertake 
continuing research to identifY and design programs that meet the full range of children with 
special needs: Provided, That such continuing research shall also be used to develop instructional 
techniques for used by the SPED Centers that will improve the CSN's acquisition of skills 
necessary for transitiou to independent living, vocational training or competitive development. 
Provided, Finally, That such continuing research shall further be used to design physical 
education and therapeutic recreation program for use by the Center to increase the potential of 
CSN for community participation. 
SEC. 12. Studellt Assistallce. The Bureau shall provide fmancial assistance to 
economically marginalized but deserving students with special needs at the elementary and 
secondary levels, including any post-secondary or tertiary education which may come in the 
form of scholarship grants, transportation allowance, food allowance, board and lodging 
allowance, bOOk allowance, student loan programs, artistic and cultur~ tours, training and 
programs, subsidies and other incentives. Marginalized disabled persons and those coming from 
indigenous communities shall be the priority in the grant of the aforesaid assistance. 
Social equipment like wheelchair, crutches, special toilet and hygiene requirements, 
hearing aids, eyeglasses and the like required by the children and youth to optimize education 
and participation in the educational process shall also be provided for free and at discounted rates 
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to deserving students and at very affordable rates in general through a reasonable ftmding 
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scheme that shall be designated by the Bureau. 
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SEC. 13. Medical Assistance. The Bureau 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 medical needs 
are not offered by the nearest or accessible govermnent clinics, hospitals and other health 
facilities or cannot be obtained by reason of critical immediacy or the need to obtain a more 
specialized or advance treatment, they can avail of the services of the private .clinics, hospitals 
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and other sPrcialized agencies through tax incentives. For this purpose, as far as practicable or 
011 a case-to-case basis, as may be determined by the Bureau, health care insurance programs 
may be instituted. 
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SEC. 14. Nutritional Programs. The nutritional programs of CSN shall be supervised by 
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the National Nutrition Council and the Department of Health in coordination with the local 
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govermnent unit health officer. 
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SEC. 15. Establishment of Child Development Center. Child Development Care Centers 
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especially designed for pre-school children and their parents, where early identification of 
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disabilities and special needs and early learning intervention will be administered, shall also be 
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established near or within SPED centers or those that will be created by the bureau with support 
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of the local government units in the area. As far as practicable, existing day cafe centers and 
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facilities shall be maximized. 
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SEC. 16. Recreational and Artistic Opportullities. The Bureau shall institute and include 
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a program for children and youth with special needs to provide them full opportunities for safe 
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311d wholesome recreation 31ld activities, individual as well as social, for the wholesome use of 
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his leisure Homs and for the advancement of their physical, mental, social 31ld cultural 
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development. i 
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SEC. 17. Continuing Education and Assistance to Teachers or Instructors of Children 
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and Youtll witl! Special Needs. - The Bureau shall enhance the gift of the teacherslinstructors to 
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professional advancement and ensure that the teaching staff attract the best available talents 
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through adequate remuneration, scholarship and training grants; teacher exchange programs, 
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incentives and allowance and other means of secming job satisfaction and fulfillment as well as 
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their lone and stable tenure in their respective posts. A similar progranJ shall be designed for 
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Sllpport personnel like interpreters, psychologist, social workers and other also involved in the 
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education and rehabilitation of the children and youth. 
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SEC. 18. Parent, Sibling, and Caregiver Education. There shall be a formal training and 
counseling program for parents, sibling and caregivers for them to acquire a working knowledge 
of special education, gain an underst31lding of the psychology of children with special needs, be 
aware of their cmcial role as educators and gain knowledge and skills on how each parent, 
sibling or caregiver could maximize his/her services for the optimum development of the 
P?tential ofthe children and youth. 
SEC. 19. Special Instructional Materials. Publishers shall grant to the DepEd BSPED 
the authority to transcribe adopted instructional materials into Braille, large type 31ld andio tape 
without penrtlty or royalty. Furthermore, on or before the second working day after the adoption 
of textbook ~itles by the DepEd, each publisher of newly adopted instru~tional materials shall 
provide computerized files as specified by the DepEd which may be copied and distributed to a 
school division, upon request, for instructional purposes. 
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Copies of these instmctional materials shall be furnished without cost to either the 
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student or teacher who is blind or visually impaired. The materials are to be loaned to the public 
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school districts as long as needed and are to be returned to BSPED when no longer needed. 
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SEC. 20, Incentives to Private Sector Participation. Partnership between the 
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government and private institutions catering to the needs of children and youth with special 
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needs shall be encouraged. In this regard, the Department of Education, in coordination with the 
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Department of Finance, Dep31tment of Interior and Local Government, Depalttnent of Science 
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and Technology, Depalttnent of Trade and Industry, shall draw up a scheme to provide 
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incentives that will include tax deductions, loan assistance and technological or scientific 
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assistance to encourage private participation in the education and rehabilitation of CYSN. 
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SEC'12l. Local Government Unit Participation. - The local government units shall be 
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responsible fpr the: 
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a) Provision of building or centers and sites where there are no existing school facilities 
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that will house the special education of children/students with special needs a well as the 
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establishment of day care centers as mentioned in Section 15; 
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b) Organization of one (1) parent-teacher association in every school in their respective 
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jurisdictions offering special education to children and youth with special needs; 
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c) Identification, coordination and the tapping of public and private volunteers and 
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private organizations, national or international, for information dissemination campaigns, 
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funding progr31llS and other projects to augment the funding of equipment for SPED progr3llls, 
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among others; 
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d) Provisions of cOUllterpart funds for the training and seminars of parents and teachers 
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and nutritional progr3lllS for the children and youth with special needs in their respective 


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localities to be determined by the Bureau, in coordinatiou with the Department of Budget and 
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Management and the Department of Finance. 
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SEC. 22. Public Ill/ormatioll, Education alld Commullicatioll. -
A nationwide 
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information dissemination campaign on prevention, early identification and intervention 
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programs for children with special needs shall be intensified. This shaH be the joint responsibility 
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of the Philippine Infonnation Agency (PIA), Council for the Welfare of Children (CWC) and the 
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Department of Education (DepEd). The DepEd, in collaboration with the Department of Health, 
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Department of Labor and Employment (DOLE) and the Local Government Unit shall also 
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disseminate materials and information concerning effective practices in working with, training 
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and education ofCYSN. 
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SEC. 23. Appropriations. - For the implementation of this Act, the amount of Six 
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Hundred Million Pesos (p600,OOO,OOO.OO) per year for five (5) consecutive years is hereby 
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appropriated for the SPED program to be included in the General Appropriations Act. 
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A 
supplementary 
appropriation 
in 
the 
amolmt 
of Twenty 
Million Pesos 
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(p20,OOO,OOO.OO) to be sourced from the President's Social Fund and the Philippine 
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Amusement and Gaming Corporation (pAGCOR) shall be provided to BSPED as a reserve fund 
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for every year of operation immediately upon approval of this Act. This shall be used exclusively 
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to augment f1lnding for auxilliary aids and services. 
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Government incentives and support provided by the DepEd, DOF, DOH, DILG, 
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LGU, CWC and the National Council for Disability Affairs shall also be included in their 
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respective annual budget in the General Appropriations Act. 
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24. Implemelltation. - The Department of Education throulP:\ the Bureau of Special 
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Education, in coordination with the Department of Interior and Local Government, Local 


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Govenunent Unit, Department of Health, Department of Finance, Council for the Welfare of 
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Children, Early Childhood Care and Development Council, and the National Council for 
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Disability Affairs shall promulgate and issue the necessary implementing guidelines for the 
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creation and operation of the SPED Centers within sixty (60) days after the effectivity of this 
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Act. 
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SEC. 25. Separability Clause. If any prOVlSlon or part hereof is held invalid or 
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ullconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SEC. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
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at least two (2) newspapers of general circulation. 
Approved, 
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