Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

HOUSE BILLNO.__217'7

Introduced by Honorable Danilo Ramon S. Fernandez

EXPLANATORY NOTE

This bill seeks to establish at least one (1) special education (SPED) center for
each school division and at least three (3) SPED centers for bigger school divisions in
the Philippines.

Section 1, Article 14 of the 1987 Constitution states that “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.” Clearly, it is
the policy of the Government to promote the rights of every individual to relevant
quality education regardless of sex, age, creed, socio-economic status, physical and
mental condition, social or ethnic origin, political and other affiliation. The State
shall therefore promote and maintain equality of access to education as well as the
enjoyment of benefits of education by all its citizens.

Every child 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 have a right to an educational program
that is suitable to their needs. They need education and training different from those
given to ordinary children. They need special programs that will further enhance
mental and physical capacity to make these beneficial to them and to their family and
community.

The Department of Education (DepEd) reported that as of School Year
2004-2005, there are 79,118 children with disabilities in the Philippines. Among the
disabilities of these children are hearing impairment, visual impairment, mental
retardation, behavioral problem, orthopedic handicap, autism, speech defects, chronic
illness, and cerebral palsy. Dismally, there are only 2,149 schools offering programs
for special education and most of these schools are privately owned institutions. The


DepEd reported that only 4.8% of children with special needs are given appropriate
educational service, leaving 95.2% of these children lacking in educational needs.

In addressing the situation, the bill proposes the establishment of special
education centers in all school divisions 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 mentally and physically challenged and
gifted children through a systematic and deliberate process.

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

a D)



-sx-.. Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress 3
First Regular Session

- paleo
HOUSE BILL NO.

Introduced by Honorable Danilo Ramon S. Fernandez

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 (CSNs), CREATING FOR THE PURPOSE THE BUREAU OF
SPECIAL EDUCATION AND APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES

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 “Special
Education (SPED) Act.”

SEC. 2. Declaration of Policies. — It is hereby declared the policy of the State
to protect and promote the rights of children with special needs (CSNs) to quality
education and to take appropriate steps to make such education acceasinieno ie
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, the State shall

institutionalize an adequate and relevant educational program for every child with

special needs through the following vital support mechanisms.

a)

b)

°)

d)

©)

Provide access to basic education among CSNs, namely: the
gifted and talented, students or children with mental retardation or
intellectual disability, with visual impairment, with hearing
impairment, with orthopedic or physical handicap, with learning
disability, with speech defect, with behavior problems, with
autism and those with health problems through the formal system
and other alternative delivery services in education;

Ensure that CSNs fully develop their abilities, talents, interests
and all aspects of their development to become more responsible
for their lives and more effective partners in all of the affairs and
concerns of the country;

Ensure that CSNs understand, appreciate and respect differences
amongst groups and members of society and also to understand
the nature of society in which they live;

Inform the parents about the full continuum of services, possible
placement options during discussions about their children’s
education and other relevant information to enable them to make
informed decisions and choices;

Equip the parents, caregivers and teachers with the capabilities to

identify, prevent, refer and intervene with the developmental


8)

disorders and disabilities of children as well as in the relevant
individual programming or planning for the student where such
program differs significantly from the standard curriculum and
other matters that enhance the role of parents and other caregivers
as the primary educators and caregivers of their children from
birth onwards;

Involve private groups, local government units and national
agencies other than the Department of Education (DepEd) in the
education of CSNs; and

Effectuate significant and positive changes in community attitudes
towards disability and the need to provide special education, care

and other needs of CSNs.

SEC. 3. Definition of Terms. —As used in this Act:

a)

b)

€
)

“Disability” refers to: (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; and (3) being
regarded as having such an impairment.

“Impairment” refers to any loss, diminution or aberration of
psychological, physiological or anatomical structure or function.
“Handicap” refers to a disadvantage for a given individual,
resulting from an impairment or a disability, that limits or prevents

the function or activity that is considered normal, given the age


qd)

e)

and sex of the individual.
“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.
“Marginalized or 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 and youth with special needs” refer to those who
are gifted and are fast learners; and those who are disabled,
impaired and handicapped and in need of special education
as well as services for rehabilitation. They differ from the
average children in: (1) mental caacscetesy (2) sensory
abilities; (3) neuromuscular or physical characteristics; (4)
social attributes; (5) multiple handicaps; and (6)
developmental lag to such an extent that requires the use of
modified school practices or special education services to
develop them to maximum capability. They may fall within

the ages zero to twenty-one (0-21) years and may be


classified as follows:

“Gifted children and fast learners” who are capable of superior
performance which include those with demonstrated achievement
or potential ability in one 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 development appreciation of innovative ideas), 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;

“Students or children with mental retardation or intellectual
disability” who have substantial limitation in present functioning
characterized by significant sub-average intellectual functioning,
existing concurrently with related limitations in two 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;

“Students or children with visual impairment” are those who are
partially sighted, who have low vision, legally blind or totally

blind. Partially sighted indicates some type of visual problem has


resulted in a need for special education. The low vision applies to
all individuals with sight who are unable to read the newspaper at
a normal viewing distance even with the aid of eyeglasses or
contact lenses. They use a combination of vision and other
services to learn, although they may require adaptation in lighting
or the size of print and, sometimes, braille. Persons are legally
blind who has less than 20/200 vision in the better eye or a very
limited field of vision (20 degrees at its widest point). Totally
blind students learn via braille or other non-visual media;
“Students or children with hearing impairment whose hearing are
non-functional for ordinary purposes in life or hard-of-hearing
whose sense of hearing, although defective, is functional with or
without a hearing aid;

“Students or children with behavior problems” 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;

“Students or children with orthopedic or physical handicap” are
those whose impairment permanently or temporarily interferes
with the normal functions of the joints, muscles or limbs;
“Students or children with special health problems” are those who
have health conditions that tend to keep children out-of-school or

those with chronic or debilitating illness like cardiac (heart)


8)

diseases, asthma, diabetes, tuberculosis and other respiratory
ailments, carcinoma, epilepsy, malnutrition and others;

“Students or children with learning disabilities” who although
normal in sensory, emotional and intellectual abilities, exhibit
disorders in perception, listening, thinking, reading, writing,
spelling or arithmetic or who have such conditions as perceptual
handicap, brain injury, minimal brain dysfunction, dyslexia and
developmental aphasia;
“Students or children with speech defects” whose speech differs
from the average so far as to draw unfavorable attention to the
manner of speaking rather than to the thought conveyed;
“Students or children with autism” whose developmental
disabilities, having onset before thirty (30) months of age, are
marked by disturbance in development, language and relationship
with persons, activities and objects which may coexist with
intellectual disability and epilepsy or children afflicted with
perceptual, cognitive, communication and social difficulties which
change over time; and
“Students or children with multi-handicaps” who have more than
one disabilities such as the deaf-blind, those with autism and with
intellectual disabilities.

“Special instructional materials” refer to textbooks in Braille,

large type or any other medium or any apparatus that convey


h)

kK)

information to a student or otherwise contributes to the learning
process;

“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 education and
rehabilitative services for students and CSNs;

“Basic education” refers to at least six (6) years of elementary
education and at least four (4) years of secondary education
including pre-school education;

“Special education” refers to basic education that takes into
account the special needs of both disabled children and gifted
children requiring a systematic and deliberate process for them to
achieve functional literacy and which will bring the individual to
the highest level of his potential and capacity, and defined as the
type of education tailored to meet the needs of children who
cannot profit because of disabilities or exceptional abilities
towards integration with the education of normally-abled children;
and

“Functional literacy” refers to the level of literacy necessary for
the student or child to become a useful citizen and effective

member of the society.

SEC. 4. Bureau of Special Education. — To attain the objectives of this Act,


the Bureau of Special Education, hereinafter referred to as the BSPED, is hereby
created to institutionalize and govern special education in the Philippines. The
BSPED is primarily tasked with the formulation and administration of an appropriate
curriculum and developmentally-suited programs to primarily achieve functional
literacy of the students or children with special needs and ensure their integration to
society. The full continuum of educational services shall also be made available by
the BSPED to those CSNs below school age through regular home visits,
consultations, day care activities and any proper medium or program.

The BSPED shall function as a regular bureau of the DepEd under the direct
supervision of the Secretary of Education and shall be headed by a director and
assisted by an assistant director.

There shall be three (3) division chiefs who shall serve as heads for the
following: a) Gifted Children Division (GCD); b) Children with Disabilities
Division (CDD); and c) Special Services and Auxiliary Aids Division (SSAAD), and
whose staff shall be equitably distributed in accordance with the current needs and
concems of their respective divisions. ‘They shall assist the director in the
formulation, implementation and improvement of the framework and components of
the SPED program.

The Philippine Printing House for the Blind under the existing organizational
structure of the DepEd shall become part of the SSAAD and shall take charge of the
production of materials that convey information to a student or otherwise contribute
to the learning process.

SEC. 5. SPED 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 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 in regular schools. It
shall: a) support CSNs to be integrated or included in regular schools; b) assist in
the conduct of school-based training; c) produce appropriate teaching materials; and
d) conduct assessment of CSNs. It shall also be the responsibility of the SPED
centers to assist and facilitate the transfer or admission of qualified children with
disabilities to post-secondary or tertiary education institutions and monitor the same.

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, multiple disabilities, mental retardation or handicap arid mental giftedness,

Regular teachers currently handling special education of CSNs 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 technical assistance and human resource training and
SPED personnel enhancement programs, referral and placement procedures, advisory
services and other components of the SPED program within its jurisdiction. The
assistant principal shall also be responsible for the formation and supervision of a

placement committee as well as in the resolution of disagreements on placement and


services.

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

SEC. 6. Other Personnel. — The administrative core and placement committee
of the SPED unit for each city and province shall comprise:

a) One (1) educational psychological or psychometrician;

b) One (1) physical therapist;

c) One (1) occupational therapist;

4) One (1) speech and language therapist or 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, 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 possible in the availment of
educational services, in consultation with, and active participation of parents.

SEC. 7. 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 modifiSatiens.

SEC. 8. Grants or Cooperative Arrangements. — 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 CSNs. A grant made pursuant to

this section may be made only for the following or similar programs:

a)

b)

)

co)

)

8)

Technical assistance of SPED centers providing educational
assistance for CSNs;

Pre-service or in-service training of professionals or related
services of personnel preparing to serve or serving CSNs;
Replication of successful innovative appraits in providing
educational or related services to CSNs;

Facilitation of parental involvement in the education of their
CSNs;

Diagnosis and educational evaluation of CSNs at risk of being
certified CSNs;

Consultative, counseling and training services for the families of
CSNs; and

Familiarization of the municipality or city to be served by a SPED

center with the problems and potentialities of such children.

SEC. 9. Continuing Research. —- The BSPED by itself or in association with

such organizations or institutions as determined by the Secretary of the DepEd to be

appropriate, shall undertake continuing research to identify and design programs that

shall meet the full range of needs of CSNs. The continuing research shall be used to

develop instructional techniques for use by the SPED centers that will improve the

acquisition of CSNs of skills necessary for transition to independent living,


vocational training or competitive development. It shall also be used to design
physical education and therapeutic recreation program for use by the centers to
increase the potential of CSNs for community participation.

SEC. 10. Student Assistance. ~The BSPED 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,
transportation allowance, food allowance, board and lodging allowance, book
allowance, student loan programs, artistic and cultural tours, training 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.

Special equipment like wheelchairs, crutches, special toilet and hygiene
requirements, hearing aids, eyeglasses, and such other assistive devices needed by the
students to optimize education and participation in the educational process shall also
be provided for free and at discounted rates to deserving students and at very
affordable rates in general through a reasonable funding scheme that shall be
designed by the Bureau.

SEC. 11. 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 therapies, psychometric
assessments, medical examinations and the like with government clinics, hospitals
and other health facilities. In case the medical services are not offered by the nearest

or accessible government clinics, hospitals and other health facilities, or cannot be


obtained by reason of critical immediacy or the need to obtain a more specialized or
advanced treatment, CSNs shall be entitled to a grant of twenty percent (20%)
discount from the services of private hospitals and clinics: Provided, That these
private hospitals and clinics may claim the cost as tax credit.

SEC. 12. Nutritional Programs. — The nutritional programs for CSNs shall be
supervised by the National Nutrition Council and the Department of Health (DOH) in
coordination with the local government unit (LGU) health officer.

SEC. 13. 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 be
administered, shall also be established near or within existing SPED centers, or those
that will be created by the Bureau with the support of the Department of Social
Welfare and Development (DSWD) and the LGU in the area. As far as practicable,
existing day care centers and facilities shall be maximized.

SEC. 14, Recreational and Artistic Opportunities. — The Bureau shall institute
a program for students with special needs to afford them full opportunities for safe
and wholesome recreation and activities, individual as well as social, for the
wholesome use of their leisure hours and for the advancement of their physical,
mental, social and cultural development.

SEC. 15. Continuing Education and Assistance. — The Bureau shall enhance
the right of the teachers or 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 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 who are also involved in the education and rehabilitation of the child.

The Bureau 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 post-graduate studies 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. 16. Parent, Sibling and Caregiver Education. — There shall be a formal
training and counseling program for parents, siblings and caregivers of CSNs, for
them to acquire a working knowledge of special education, gain an understanding of
the psychology of CSNs, be aware of their crucial role as educators so that they
maximize their knowledge and skills to attain the optimum development of the
potentials of the child.

SEC. 17. Special Instructional Materials. — Publishers shall grant to the
DepEd, through the SSAAD, 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 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 to SSAAD when no longer
needed.

SEC. 18. Incentives to Private Sector. — Partnership between the government
and private institutions catering to the needs of students or children with special
needs shall be encouraged. All profits and income generated by the SPED center
derived from its fundamental function as an education institution shall be exempt
from income tax. Any donation, contribution, bequest and grant which may be made
to the ae shall be exempt from the 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 or publications shall be
imported duty-free upon certification by the DepEd that such imported books or
publications are for the use of the CSNs and their schools, in accordance with the
provisions of the Tariff and Customs Code, as amended.

SEC. 19. Local Government Unit (LGU) Participation. — The LGUs shall be
responsible for the following:

a) Provision of buildings or centers which are PWD-friendly and

sites where there are no existing school facilities that will house

the special education of students or children with special needs, as


b)

c)

4)

SEC. 20.

well as the establishment of day care centers as mentioned in
Section 13;

Organization of one (1) parent-teacher association in every school
in their respective jurisdictions offering special education to
students or children with special needs;

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 students or
children with special needs in their respective localities to be
determined by the Bureau, in coordination with the Department of
Budget and Management (DBM) and the Department of Finance
(DOF).

Public Information, Education and Communication. — A

nationwide information dissemination campaign on the prevention, early

identification and intervention programs for CSNs shall be intensified. This shall be

the joint responsibility of the Philippine Information Agency, 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, shall also disseminate materials

and information concerning effective practices in working with, training and


educating CSNs.

SEC. 21. Appropriations. — The amount necessary for the initial
implementation of this Act shall be charged against the current appropriations of the
Department of Education. Thereafter, such sum as may be necessary for the
continued implementation of this Act shall be included in’ the annual General
Appropriations Act. .

SEC. 22. Implementation. — The DepEd, through the BSPED, in coordination
with the DILG, the DOH, the CWC and the National Council on Disability Affairs,
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. 23. Separability Clause. — If, for any reason, any provision or part
hereof is declared invalid, other provisions not affected thereby shall remain in full
force and effect.

SEC. 24. 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. 25. Effectivity. — This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) national newspapers of general
circulation.

Approved,