Sixteenth Congress of the 
Republic of the Philippines 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 179 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
'13 
JUL -\ P4 :19 
We are amazed at how gifted children, in contrast to their contemporaries, learn so much 
faster during the early stages of infancy. They discover new things, even without the guidance of 
their elders. Subsequently however, there is uncertainty as to whether their endowments will be 
fully harnessed and their rapid development sustained. 
On the other hand, children with disabilities, whether physical, mental or emotional are 
often objects of pity. Their chances of survival in the cutthroat competition of this world are 
likewise fraught with uncertainty. 
While being polar opposites, these two classes of children are related with regards to a 
single consideration their need for special attention which becomes most apparent at school age. 
This bill aims to establish a comprehensive educational program for children and youth 
the special educational needs. Its essential components include educational diagnosis and 
assessment; teacher education to ensure staff competence; expanded curriculunl development, 
and evaluation and continuing research. 
Though they constitute a minority, special children are by no means the least arnong the 
country's human resources. It is the duty of the state to provide institutions for their 
development. 
In view of the foregoing, early passage of this bill is earnestly requested. 


Sixteenth Congress of the 
Republic of the Philippines 
First Regular Session 
) 
) 
) 
'13 .Jlll -1 P 4 :1 9 
SENATE 
S.B. No. 179 
REt' "1) gy:~ 
~; 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
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 GUIDELINES FOR 
GOVERNMENT FINANCIAL ASSISTANCE AND OTHER INCENTIVES AND 
SUPPORT FOR OTHER PURPOSES 
Be it enacted by the Senate and House a/Representatives a/the Philippines in Congress 
assembled: 
SECTION 1. Title. This Act shall be known as the "Special Education Act "'! 
SECTION. 2. Declaration of Policy. It is hereby declared the policy of the 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 ofP,D. 603, Sections 12-14 of Republic Act No, 7277, Article of 
the UNCRPD, Convention on the Rights of the Child (CRC), the Salamanca Statement and 
Framework for Action on Special Needs Education, Education for All (EFA) the State shall 
institutionalize an adequate and relevant educational program for every child with special needs 
through the establishment of SPED Centers and of their vital support mechanisms. Thus, all 
CSN, irrespective of the degree of sensory, physically or intellectual disability or need, will have 
the opportunity to be educated in the most educationally enhancing environment consistent with 
the provision of a quality education that best meets their needs. 
SECTION. 3. Objectives. The objectives of the Special Education Act are: 
(a) To provide access to basic education among CYSN namely the gifted and talented, 
children with developmental delays: those with intellectual disability, with visual 
impainnent, with hearing impainnent, with orthopedic impainnent, with physical 
impainnent, with learning disability, with speech defects, with behavior problems, with 
autism, and those with health problems through the fonnal system and other alternative 
delivery service in education; 
1 


(b) To ensure that CYSN 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. 
(c) To ensure the society CYSN understand, appreciate and respect ditferences among 
groups and members in and also to understand the nature of society in which they live; 
(d) To 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; 
(e) To equip the parents and other caregivers and the teachers with the capabilities to 
identifY, prevent, refer and intervene with the developmental disorders and disabilities of 
children as well as in the relevant individual programming, planning for the student 
where such program differs significantly for the standard curriculum and other matters 
that enhance the role of parents and other caregivers as the primary educators that 
caregivers of their children from birth onward; 
(f) To involve private groups, local government units and national agencies other than the 
Department of Education, in the education of children with special needs; 
(g) To effectuate significant and positive changes in community attitudes towards disability 
and the need to provide special edU(;ation, care and other needs of children with special 
needs. 
SECTION 4. Definition of Terms. For the purposes 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. Handicap - refers to a disadvantage of a given individual, resulting from an impairment 
or a disability that limits or prevents the functions or activity that is considered normal, 
given the age and gender of the individual. 
d. Persons - with disabilities are 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; 
e. Marginalized/disadvantaged disabled persons refer to disabled persons who lack access to 
rehabilitate service and educational opportunities due to poverty, abandonment, illness 
and other form of neglect. For purposes of this Act, the word "poor" are those who either 
have no means of livelihood or have incomes below poverty threshold; 
2 


f. 
Children and youth with special needs are the gifted and talented and those who are 
disabled, impaired and handicapped persons in need of special education as well as 
services for rehabilitation. He/she differs from the average child in 1) mental 
characteristics; 2) sensory abilities; 3) neuro-muscular or physical characteristics; 4) 
social; 5) multiple handicaps; and/or 6) has a developmental lag to such an extent that 
requires modified school practices or special education services to develop to his 
maximum capability. They include persons aged 0-21 years old and may be as follows: 
1. Gifted and Talented children are those capable of superior performance and these 
include those with demonstrated achievements or potential ability in one or more 
of the following areas: general intellectual ability, special aptitUde, creative or 
productive thinking ability, leadership ability or those individuals who 
consistently manifest the following cluster of traits: above average ability 
(including intelligence), high creativity (implies the developmental appreciation 
of innovative ideas) and high task commitment (related to a high degree of 
motivation)and those who by reason thereof, require services or activities not or 
ordinarily provided by the school; 
2. The Intellectually Disabled are those who have substantial limitation in present 
functioning characterized by significant sub-average intellectual functioning, 
existing concurrently with the related limitation in two or more of the applicable 
adaptive skill areas; communication, self-direction, home living, social skills, 
community use, self-direction, health and safety, functional academics, leisure 
and work; 
3. The visually impaired are those who are blind or having a low vision. A person is 
blind if he has a visual acuity of 20/200 or less in a better eye after maximum 
correction. The low vision person retains a relatively low degree of vision and can 
read only enlarged print of regular or regular or regular print under special 
condition; 
4. The Hearing Impaired are those who are deaf or hard-of-hearing. The deaf person 
is one whose hearing is functional for ordinary purpose in life. The hard- of-
hearing has a sense of hearing which although defective is functional 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 of their classmates and interpersonal relations; 
6. The Orthopedically H!jlldicapped are those whose impairment permanently or 
temporarily interferes with the normal functions of the joints, muscles or 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, astIuna, diabetes, tuberculosis and other 
respiratory ailments, carcenonza, epilepsy, malnutrition and others; 
8. Children and youth with learning disabilities are those whose although normal in 
sensory, emotional and intellectual abilities· exhibit disorders in perception, 
listening, thinking, reading, writing, spelling or aritIunetic. They have such 
condition as perceptual handicap, brain injury, minimal brain dysfunction, 
dyslexia and developmental aphasia; 
3 


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 
before 30 months of age which is marked by disturbance in development, 
language and relationship 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 
overtime. 
g. Auxilliary aids and services - are services that are basically non- education but impinge 
on the education process of the child with special needs. These include: 
1. therapy; 
2. qualified interpreters or other effective methods of delivering materials to 
individuals with hearing impairments; 
3. qualified readers, taped test or other effective methods of delivering materials to 
individuals with visual impairments; 
4. acquisition or modification of equipment or device; 
5. other similar services and actions or all types of aids and services that facilitate 
the learning process of people with mental disability; 
h. Augmentative and alternative communication devices - are special instructional materials 
like a textbook in Braille, large type or any other medium or any apparatus that conveys 
information to student or otherwise contributes to the learning process. 
i. 
Private sectors participation - encompasses all forms of indispensable, substantial and 
meaningful participation of private individuals, partnership, groups or entities, 
community-based organization or non-governmental organizations in the delivery of 
educational and rehabilitative services for students and children with special peeds. 
j. Basic Education consists of at least six (6) years of elementary education and at least four 
(4) of secondary education including early years of education. 
k. Special Education - is basic education that takes into account the special needs of both 
the disabled children and the gifted and talented that requires a systematic and deliberate 
process for them to achieve functional literacy and which will bring the individual to the 
highest level of his (1) potential and capacity. It is also defined as the type of education 
tailored to meet the needs of children who cannot profit because of disabilities or 
exceptional abilities. 
I. 
Functional literacy is the level of literacy necessary for the children and youth to become 
useful citizens and effective members of the society. 
4 


SECTION 5. Coverage. - This Act shall cover student and children and youth with 
special needs nationwide. 
SECTION 6. Creation of the Bureau of Special Education - To attain the objectives of 
this Act, the Bureau of Special Education (BSPED), hereinafter referred to as the Bureau, is 
hereby created to institutionalize and govern special education in the Philippines. The Bureau is 
primarily tasked in the formulation and administration of an appropriate curriculum and 
developmentally-suited programs to primarily achieve functional literacy of the children and 
youth with special needs and ensure their inclusion to society. The full continuum of educational 
services shall also be made available by the bureau to those CSN below school age through 
regular home visits, consultations, day care activities and any other properties medium or 
program. 
BSPED shall function as a regular bureau of the Department of Education, under the 
direct supervision of the Department Secretary and to be headed by a director and assistant 
director. 
The divisions chiefs shall serve as heads for the (1) Gifted and Talented Children and 
Youth Division (GCYD); and (2) Children and Youth with Disabilities Division (CYDD) with 
the staffing needs to be equitably distributed in accordance with the current needs and concerns 
of their respective divisions. They shall assist the director in the formulation, implementation and 
improvement of the framework and components of the special education program. 
The Philippine Printing House for the Blind under the existing organization structure of 
DepEd shall become part of the CYDD. 
SECTION 7. SPED Centers in Regular Schools. - At least one (I) special education 
(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 support children and 
youth with special needs integrated and included in regular schools and b) assist in the conduct 
of school-based training; c) produce appropriate teaching materials, and d) conduct of 
assessment of children and youth with special needs. 
Each SPED Center shall have at least the following staff who shall have qualifications as to 
DepEd standards. They will have a starting salary classification of Grade \3: 
a. 1 SPED teacher for the gifted and talented; 
b. 1 SPED teacher for children and youth with intellectually disabled; 
c. 1 SPED teacher for children and youth with visual impairment; 
d. 1 SPED teacher for children and youth with hearing impairment; 
e. I SPED teacher for children and youth with autism; 
f. 
1 SPED teacher for children and youth with learning disability; 
g. I SPED teacher for children and youth with behavior problems. 
5 


SPED teachers should work cooperatively with regular teachers. 
There shall be an assistant principal for each SPED Center. He/she shall administer and 
supervise the alternative educational program, early intervention programs, monitoring, 
supervision and technical assistance and human resource training/SPED personnel enhancement 
programs, referral and placement procedures, advisory services and other components of the 
special education program in hislher jurisdiction. He/she shall also be responsible for the 
formation and supervision of placement committee under his/her jurisdiction as well as in the 
resolution of disagreement on placement and services. 
SECTION 8. Other Personnel of SPED Centers. - One educational psychologist or 
psychometrician, one social worker, one education supervisor and lone medical health officer for 
each city, and province shall be appointed, among other responsibilities, shall comprise the 
administrative core and placement committee of the SPED unit in the area. They shall also be 
jointly tasked to develop and maintain a database in special education in their respective 
jurisdiction. 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 distance possible in the availment 
of educational services, in consultation with, and active participation of parents. 
SECTION 9. ItinerantIMobile SPED teachers. - Itinerant! Mobile SPED teachers shall 
also be appointed whenever necessary and on a needs basis. He/she shall assist isolated or remote 
schools with specialized equipment, individual programs, curriculum adjustment, teaching aids 
and building modifications. 
SECTION. 10. Authority of the Secretary of Education to Give Grants to, or Enter 
into Cooperative Arrangement for the Creation of SPED Centers. - The Secretary of 
Education is hereby authorized to give grants to, or enter into cooperative arrangement or 
contracts with public or private non-profit agencies, institutions or organization for the 
establishment Of creation of SPED Centers for children and youth with special nee1s: Provided, 
That a grant made pursuant to this Section may be made only for the following or similar 
programs: 
a. Technical assistance of SPED Centers providing educational assistance for children with 
special needs (CSN); 
b. Pre-service or in-service training of professionals or related services personnel preparing 
to serve or serving CSN; 
c. Replication of successful innovative approaches to providing educational or related 
services to CSN; 
d. Facilities of parental involvement in the education of their CSN; 
e. Diagnosis and educational evaluation of CSN at risk of being certified CSN; 
f. Consultative, counseling and training services for the families of CSN; 
g. Familiarization of the municipality or city to be served by a SPED 
Center with the problems and potentialities of such children. 
SECTION 11. Provision for Continuing Research to Identify Special Needs of 
CYSN - The Bureau of Special Education (BSPED) by itself or in associate with such 
organizations or institutions as are determined by the DepEd Secretary to be appropriate, shall 
undertake continuing research to identifY and desigrl 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 
6 


acquisition of skills necessary for transition 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. 
SECTION 12. Student Assistance. The Bureau shall provide financial 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 cultural 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 
to deserving students and at very affordable rates in general through a reasonable funding 
scheme that shall be designated by the Bureau. 
SECTION 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 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 advance treatment, they can avail of the services of the private clinics, hospitals 
and other specialized agencies through tax incentives. For this purpose, as far as practicable or 
on a case-to-case basis, as may be detennined by the Bureau, health care insurance programs 
may be instituted. 
SECTION 14. Nutritional Programs. The nutritional programs of CSN shall be 
supervised by the National Nutrition Council and the Department of Health in coordination with 
the local government unit health officer. 
SECTION 15. Establishment of Child Development Center. Child Development Care 
Centers especially designed for pre-school children and their parents, where early identification 
of disabilities and special needs and, early learning intervention will be administered, shall also 
be established near or within SPED centers or those that will be created by the bureau with 
support of the local government units in the area. As far as practicable, existing day care centers 
and facilities shall be maximized. 
SECTION 16. Recreational and Artistic Opportunities. The Bureau shall institute and 
include a program for children and youth with special needs to provide them full opportunities 
for safe and wholesome recreation and activities, individual as well as social, for the wholesome 
use of his leisure hours and for the advancement of their physical, mental, social, and cultural 
development. 
SECTION 17. Continuing Education and Assistance. to Teachers or Instructors of 
Children and Youth with Special Needs. - The Bureau shall enhance the gift of the 
teachers/instructors to professional advancement and ensure that the teaching staff attract the best 
available talents through adequate remuneration, scholarship and training grants; teacher 
7 


exchange programs, incentives and allowance and other means of securing job satisfaction and 
fulfillment as well as their lone and stable tenure in their respective posts. A similar program 
shall be designed for support personnel like interpreters, psychologist, social workers and other 
also involved in the education and rehabilitation ofthe children and youth. 
SECTION 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 understanding of the psychology of children 
with special needs, be aware of their crucial 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 potential of the children and youth. 
SECTION 19. Special Instructional Materials. Publishers shall grant to the DepEd 
BSPED the authority to transcribe adopted instructional materials into Braille, large type and 
audio tape without penalty or 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 to a school division upon request, 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 districts as long as needed and are to be returned to BSPED when no longer needed. 
SECTION 20. Incentives to Private Sector Participation. Partnership between the 
, 
government and privat/¥ institutions catering to the needs of children and youth iwith special 
needs shall be encouraged. In this regard, the Department of Education, in coordination with the 
Department of Finance, Department of Interior and Local Government, Departme~t of Science 
and Technology, Department of Trade and Industry, shall draw upa scheme to provide 
incentives that will include tax deductions, loan assistance and technological or scientific 
assistance to encourage private participation in the education and rehabilitation of CYSN. 
SECTION 21. Local Government Unit Participation. - The local government units 
shall be responsible for the: 
a. Provision of building or centers and sites where there are no existing school 
facilities that will house the special education of children/students with special 
needs a well as the establishment of day care centers as mentioned in Section 15; 
b. Organization of one (1) parent-teacher association in every school in their 
respective jurisdictions offering special education to children and youth with 
special needs; 
c. Identification, coordination and the tapping of public and private volunteers and 
private organizations, national or international, for information dissemination 
campaigns, funding programs and other projects to augment the funding of 
equipment for SPED programs, among others; 
d. Provisions of counterpart funds for the training and seminars of parents and 
teachers and nutritional programs for the children and youth with special needs in 
their respective localities to be determined by the Bureau, in coordination with the 
Department of Budget and Management and the Department of Finance. 
8 


SECTION 22. Public Information, Education and Communication. - A nationwide 
information dissemination campaign on prevention, early identification and intervention 
programs for children with special needs shall be intensified. This shall be the joint responsibility 
of the Philippine Information Agency (PIA), Council for the Welfare of Children (CWC) and the 
Department of Education (DepEd). The DepEd, in collaboration with the Department of Health, 
Department of Labor and Employment (DOLE) and the Local Government Unit shall also 
disseminate materials and information concerning effective practices in working with, training 
and education of CYSN. 
SECTION 23. Appropriations. - For the implementation of this Act, the amount of Six 
Hundred Million Pesos (P600,000,000.00) per year for five (5) consecutive years is hereby 
appropriated for the SPED program to be included in the General Appropriations Act. 
A supplementary appropriation in the amount of Twenty Million Pesos (P20,000,000.00) 
to be sourced from the President's Social Fund and the Philippine Amusement and Gaming 
Corporation (PAGCOR) shall be provided to BSPED as a reserve fund for every year of 
operation immediately upon approval of this Act. This shall be used exclusively to augment 
funding for auxilliary aids and services. 
Government incentives and support provided by the DepEd, DOF, DOH, DILG, LGU, 
ewc and the National Council for Disability Affairs shall also be included in their respective 
annual budget in the General Appropriations Act. 
SECTION 24. Implementation. - The Department of Education through the Bureau of 
Special Education, in coordination with the Department ofInterior and Local Government, Local 
Government Unit, Department of Health, Department of Finance, Council for the Welfare of 
Children, Early Childhood Care and Development Council, and the National Council for 
Disability Affairs shall promulgate and issue the necessary implementing guidelines for the 
creation and operation of the SPED Centers within sixty (60) days after the effectivity of this 
Act. 
SECTION 25. Separability Clause. If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 26. Repealing Clause. Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rules and regulations contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
Approved, 
9