FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
The democratization of access to quality education particularly for children 
and youth with special educational needs such as the gifted, the gifted but 
physically handicapped, the fast learners, the mentally retarded, the visually- 
impaired (blind), the hearing-impaired (deaf), the orthopedically-handicapped, the 
speech defectives, those with behavioral problems, those with learning 
disabilities and those with special health problems and others has not received 
as much attention as it should have. 
The progress of special education has been hampered by various 
constraints. Besides the lack of classrooms, physical facilities and special 
equipment suitable to the needs of the disabled, the death of specially trained 
teachers and school administrators for the various exceptionalities has remained 
a perennial problem. As of 2005, only 4,673 teachers across the country have 
been trained for the abovementioned children and youth with special needs, one 
reason why only less that 2% of the total number of these minors can be served. 
Parent education is an urgent need in the campaign to enhance hone-school 
relationships and to maximize their scene of competence and involvement in the 
education of their handicapped and as well as the gifted children. 
Over the years, the government has worked for the improvement of the 
delivery system despite and against any constraints. These efforts can only be 
sustained if they are anchored on a legal mandate that fully support and ensures 
the continuity of long-term programs to help develop the potential of handicapped 
and gifted persons. In this way, self-reliance that has been wanting among the 
handicapped who are potential assets to themselves and to the country could be 
developed. 
With the advent of the worldwide movement of "Education For j"' 
(EFA), 
adequate provision for the education of the handicapped and the' gifted will 
contribute to the achievement of its objectives which emphasizes the eradication 
of illiteracy, greater effectiveness of learning for all and the acquisition of basic 
skills, knowledge and attitudes to empower them for a better quality of life. 
To provide, therefore, for the educational needs of the gifted and the 
handicapped children and youth through a positive program of action and as an 
expression of the deep concern and to give fuller meaning to the democratization 


of education towards their upliftment, this bill is recommended for immediate 
approval. 


FOURTEENTH CONGRESS OF THE 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
7 JUL -4 pig :!9 
Senate Bill No. 9 5 5  
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
TO EXPAND AND REVITALIZE THE SPECIAL EDUCATION PROGRAM FOR 
GIFTED AND HANDICAPPED CHILDREN AND YOUTH IN THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Declaration of Policy. - There shall be established a 
comprehensive educational program for children and youth with special needs in 
the pre-elementary, elementary, secondary and post secondary levels throughout 
the country with the following essential program components: 
a) 
the proper identification of these minors 
b) 
Teacher-education (pre-service an a continuing in- 
service training) for teaching and non-teaching personnel to 
ensure staff competence; 
c) 
meet the diversifies needs of the clientele; and 
d) 
Continuing research as basis for the improvement of 
instruction at all levels and in planning and service 
programming activities including the purchase of special 
facilities and equipment. 
Educational diagnosis and assessment essential in 
Expanded curriculum development and evaluation to 


SECTION 2. Definition of Terms. - For the purpose of this bill, the 
following terms are operationally defined: 
a) Children with behavioral problems - those 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. The 
two categories of children with behavior problems are: 
1) 
The socially maladjusted - they are chronic juvenile 
offenders who regularly disregard broader social values and rules 
as a matter of course, substituting in their stead the values and 
rules of their peer group. Their accepted code of conduct is truancy, 
fighting and defiance against constituted authority. 
2) 
The emotionally disturbed - those who, although not 
afflicted with insanity or mental defect, are unable to maintain 
typical social relations with others and the community, in general, 
due to emotional problems or complexes. 
b) Children and Youth - persons below twenty-one years of age except 
those emancipated in accordance with law. 
c) Fast learner - one who is endowed with an above average intellectual 
capacity. 
d) Handicap - a disadvantage of a given individual resulting from an 
impairment or disability. 
e) Handicapped individual - any individual who has a physical or mental 
disability, which for such individual constitutes or results in a substantial handicap 
to employment and can reasonable be expected to profit from training or 
vocational rehabilitation. 
f) Hearing impaired - one who is deaf or hard-of-hearing. The deaf person 
is one whose hearing is non-functional for ordinary purposes of life. The hard-of- 
hearing has a sense of hearing which, although defective, is functional with or 
without a hearing aid. 


g) Learning disability - a disorder in one or more of the basic 
psychological processes involved in understanding or in using language, spoken 
or written, which may manifest: itself in an imperfect ability to listen, think, speak, 
read, write, spell or to do mathematical calculations. The term includes such 
conditions as perceptual handicaps, brain injury, minimal brain dysfunction, 
dyslexia and developmental aphasia. The term does not include children who 
have learning problems which are primarily the result of visual, hearing or motor 
handicaps, of mental retardation, or of environmental, cultural or economic 
disadvantage. 
h) Mentally gifted and talented - one who is identified at the preschool, 
elementary or secondary level as possessing demonstrated or potential abilities 
that give evidence of high performance capability in areas such as intellectual, 
creative, specific academic, or leadership ability, or in the performing and visual 
arts, and who by reason thereof, require services or activities not ordinarily 
provided by the school. 
i) Mentally retarded - one who possesses significantly sub-average 
general intellectual functioning existing concurrently with impairments in adaptive 
behavior and manifested during the developmental period. 
j) Orthopedically handicapped - one whose impairment permanently or 
temporarily interferes with the normal functions of the joints, muscles or limbs. 
k) Special education - the education of persons who are physically, 
mentally, emotionally, or culturally different from the so-called “normal” 
individuals such that they require modification of school practices and services to 
develop them to their maximum capabilities. 
It is a special service over and above the regular school program to meet 
the unique needs of a handicapped child. 
I) Special Education Center - is an administrative unit serving 
children/youths with special needs which: 
1) serves two or more types of children with special needs; 


2) is administered by a SPED trained principallhead or any 
qualified staff 
3) provides special education services. 
m) Special education teacher - any teacher who handles a class of 
children with special needs or renders special education services whether he is 
formally trained or trained through in-service training, seminars and workshops. 
n) Special health problems - refer to such health conditions that tend to 
keep children out of school: chronic andlor debilitating illness like cardiac (heart) 
diseases, asthma, diabetes, TB and other respiratory ailments, carcinoma 
allergy, epilepsy, malnutrition, and others. 
0) Special Schools -an educational unit that: 
1) serves only one exceptionality 
2) may or may not be residential 
3) has its own appropriation 
p) Speech defectivelhandicapped - one whose speech differs from the 
average so far as to draw unfavorable attention to the manner of speaking rather 
than to the thought conveyed. 
q) Visually impaired - one who is blind or partially sighted. A person is 
blind if he has a visual acuity of 201200 or less in the better eye after maximum 
correction. The partially seeing person retains a relatively low degree of vision 
and can read only enlarged print or who has some remaining vision thereby 
making it possible for him to read limited amounts of regular print under very 
special conditions. 
SECTION 3. Organization. - Every school division shall organize special 
classes for gifted and handicapped children and youth. The organization of 
preschool classes for these minors shall be strongly encouraged to ensure early 
educational intervention. 
Every school division shall also organize special education centers which 
shall include non-formal and outreach program for out-of-school youth. 


SECTION 4. Special Services. - Special schools and special education 
centers shall offer a range of special services which shall include medical, 
psychological and social services, diagnostic counseling, vocational and 
recreational services. Regular schools with special education classes shall 
likewise provide the above services, among other services. 
SECTION 5. Secondary Education. - Special schools shall provide 
continuing or post secondary education services and programs for the gifted and 
the handicapped especially for those who cannot avail of educational 
opportunities in regular colleges and universities. 
SECTION 6. Skills Training. - Vocational education and training shall be 
provided and strengthened to render the handicapped children and youth more 
skillful and competitive in the labor market. 
SECTION 7. Teacher Items. - The present items of teachers now 
handling special education classes shall be reclassified to special education 
teachers items whenever requirements are met. Items for special education 
supervisor in each school division and each regional office and principal or 
Special Education Centers shall be created for effective administration and 
supervision of the special education program. 
SECTION 8. Teacher Training. - All teacher training institutions, public or 
private, offering Bachelor degree in Education shall offer Special Education 
courses as basic knowledge to students in teacher education. 
SECTION 9. Authority of the Secrefary of Education, Culture and Sport - 
The Secretary of 
Education, Culture and Sports is charged with the 
administration and enforcement of the provisions of this Act and shall promulgate 
and issue the necessary implementing rules and regulations. 
Hekhe is hereby authorized to adopt an ad hoc structure under his office 
to intensify the supervision and development efforts in special education at all 
levels, including out-of-school children and youth. Such structure will remain until 
the DECS can afford to establish a more permanent structure. 


SECTION I O .  Appropriation. - The sum of Twenty Million Pesos 
(P20,000,000.00) is hereby authorized to be appropriated out of the funds in the 
National Treasury not otherwise appropriated, to carry out the provisions of this 
Act. Thereafter, adequate sums as may be necessary to sustain and maintain the 
program mandated in this Act shall be included in the budget of the Department 
of Education, Culture and Sports in the General Appropriations Act. 
SECTION 11. Separability Clause. In the event that any provision of this 
Act, or a part or parts thereof is declared invalid or unconstitutional, the 
remaining provisions or parts thereof shall be considered valid and binding for 
the purposes of this Act. 
SECTION 12. Repealing Clause. - Any laws, acts, decrees, order, 
proclamation or regulation or part or parts thereof which are inconsistent with this 
Act are hereby repealed or modified accordingly. 
SECTION 13. Effecfivify. - This Act shall take effect fifteen (1 5) days after 
its publication in the Official Gazette or in a newspaper of general publication. 
Approved,