EIGHTEENTH CONGRESS OF THE ]

REPUBLIC OF THE PHILIPPINES ]

First Regular Session ]

SENATE

S. No. ________

Introduced by SEN. SHERWIN T. GATCHALIAN

AN ACT
INSTITUTING INCLUSIVE EDUCATION AND ESTABLISHING LEARNING
RESOURCE CENTERS FOR CHILDREN AND YOUTH WITH SPECIAL
NEEDS IN ALL PUBLIC SCHOOLS DIVISIONS, PROVIDING FOR
STANDARDS AND GUIDELINES, AND APPROPRIATING FUNDS
THEREFOR

EXPLANATORY NOTE

Estimates from the Department of Education indicate that as of SY 2016-

2017 there are approximately 303,109 Filipino children in public schools with
special education needs. These are Filipino children who are often unable to
adapt to regular schools. Physical (e.g. deafness, blindness, orthopedic
impairment), cognitive (e.g. autism, intellectual handicaps), psychological (e.g.
anxiety disorders, attention-deficit / hyperactivity disorder), and/or
communication (e.g. speech impairments, speech-based developmental
disorders) disabilities prevent them from fully participating in regular schools.
Moreover, the regular schools, whether public or private, are often incapable of
providing these children with the care, attention, and guidance that they require
for the development of their physical, cognitive, and social skills.
 In order to provide services to as many Filipino children with special
needs, the government needs to build upon the existing infrastructure of its
national public school system. This could be done by establishing Inclusive
Education Learning Resource Centers in all public schools divisions nationwide.
The SPED Centers shall function as a resource center that shall assist in
promoting inclusive education to capacitate regular schools to effectively handle
the needs of children and youth with disability. Each center must likewise be
equipped with the facilities and personnel necessary to provide care and
instruction to children and youth with special needs, specifically special education
teachers and other specialists.

Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, states that every child has the right to a well-rounded
development of his personality to the end that he may become a happy, useful,
and active member of society-- a gifted child must be given the opportunity and
encouragement to develop his talents; the emotionally disturbed or socially
maladjusted child must be treated with sympathy and understanding and be
entitled to treatment and competent care; and the physically or mentally
handicapped child must be given the treatment, education, and care required by
his particular condition. Furthermore, every child has the right to an education
commensurate with his abilities and to the development of his skills for the
improvement of his capacity for service to himself and to his fellowmen.

Given the current set up this would mean that, as of SY 2016-2017, there
were around 303,000 children with special needs enrolled in public elementary
and secondary schools who may have not been provided with the needed
education and care. Thus, much remains to be done in addressing the gap with
respect to the provision of special education in the country.
 In view of the foregoing, support for the passage and approval of this
legislation is earnestly sought.

SHERWIN T. GATCHALIAN
 EIGHTEENTH CONGRESS OF THE ]
REPUBLIC OF THE PHILIPPINES ]
First Regular Session ]

SENATE

S. No. ________

Introduced by SEN. SHERWIN T. GATCHALIAN

AN ACT
INSTITUTING INCLUSIVE EDUCATION AND ESTABLISHING LEARNING
RESOURCE CENTERS FOR CHILDREN AND YOUTH WITH SPECIAL NEEDS IN
ALL PUBLIC SCHOOLS DIVISIONS, PROVIDING FOR STANDARDS AND
GUIDELINES, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines

in Congress assembled:

1 SECTION 1. Short Title. – This Act shall be known as the “Inclusive Education
2 for Children and Youth with Special Needs Act".
3 SECTION. 2. Declaration of Policy. – It is hereby declared the policy of the State
4 to protect and promote the rights of Children and Youth with Special Needs (CYSNs) to
5 quality education and to take appropriate steps to make such education accessible to
6 them. The State recognizes their vital role in society and endeavors to include their
7 needs as an integral part of national development strategies.
8 It is also the policy of the State to fully support their welfare and development,
9 ensure their full integration in society, as well as facilitate their active participation in
10 the affairs of the State.
11 Towards this end, the State shall:

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 1 (a) Institutionalize an adequate and relevant educational program for every
2 CYSN;
3 (b) Adopt the policy of inclusive education;
4 (c) Establish Inclusive Education Learning Resource Centers, and
5 (d) Provide vital support mechanisms required to ensure their effectiveness.
6 All CYSNs in any degree of educational need shall therefore have the opportunity
7 to be developed in the most enhancing environment, consistent with the provision of a
8 quality education that best meets their needs.
9 SECTION. 3. Objectives. – This Act shall pursue the following:
10 (a) Provide CYSNs free and appropriate public education and related services
11 in accordance with their needs, and in preparation for adult living and community life;
12 (b) Provide CYSNs access to general education curriculum through the formal
13 systems and alternative delivery services in education;
14 (c) Institute inclusive education and establish Inclusive Education Learning
15 Resource Centers for inclusion of CYSNs in the educational mainstream;
16 (d) Ensure that CYSNs fully develop their potentials toward self-sufficiency
17 and become fully participative members of society;
18 (e) Identify thru a child find system CYSNs ages three (3) to twenty-four (24)
19 and infants and toddlers under the age of three (3) in compliance with Republic Act No.
20 10410, otherwise known as the Early Years Act of 2013;
21 (f) Develop, implement, and review the Individualized Education Plan (IEP);
22 (g) Provide parents with information and opportunities to actively participate
23 in the possible placement options and educational programs for their children and to
24 enable them to make informed choices and decisions;
25 (h) Enable and empower parents and family members by training and
26 equipping them with capabilities to identify, prevent, refer or intervene with regard to
27 disorders, disabilities and abilities of their children;
28 (i) Train and equip special education teachers, regular teachers,
29 principals/administrators, non-teaching staff of the school, and caregivers, as primary
30 sources of care, development, education and advancement of CYSNs;

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 1 (j) Increase school retention and cohort survival of CYSNs;
2 (k) Create significant and positive changes in community attitudes towards
3 disability and the need to provide inclusive education and proper care to CYSNs.
4 SECTION. 4. Definition of Terms. – As used in this Act:
5 (a) Basic Education refers to meeting the basic learning needs which provide the
6 foundation on which subsequent learning can be based. It encompasses kindergarten,
7 elementary, and secondary education as well as Alternative Learning Systems (ALS) for
8 out-of-school learners and those with special needs;
9 (b) Child Find System refers to the process of locating and coming up with a list of
10 CYSNs through the child development teachers or workers who are under the local
11 government units (LGUs);
12 (c) Children and Youth with Special Needs (CYSNs) refers to children and youth with
13 specialized needs in education and exceptionalities who differ from the neurotypical
14 children and youth in neuropsychological characteristics, sensory abilities, neuromuscular
15 or physical characteristics, and social attributes to such an extent that the use of
16 modified school practices or specialized education services are required to develop them
17 to maximum capability. It includes the following:
18 1.) Gifted or Talented – children and youth who are capable of superior performance
19 including those with demonstrated achievement or potential ability in one or more of
20 the following areas – general intellectual ability, specific academic aptitude, creative
21 or productive thinking ability, leadership ability, ability in the visual or performing
22 arts, and psychomotor ability; or, those individuals who consistently manifest the
23 following cluster of traits: above average ability, including intelligence, high creativity,
24 which implies the developmental appreciation of innovative ideas, and high task
25 commitment related to a high degree of motivation; and those who by reason
26 thereof, require services or activities not ordinarily provided by a school;
27 2.) Children with disabilities – refers to persons below 18 years old who have long term
28 physical, mental, intellectual or sensory impairments, which in interaction with
29 various barriers may hinder their full and effective participation in society on an equal
30 basis with others, such as but not limited to children with physical or orthopedic

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 1 disability; intellectual disability, learning disability, communication disability including
2 deaf and hard of hearing; visual disability or psychosocial disability;
3 3.) Special Health problems – children and youth who have health conditions that tend
4 to keep them out-of-school, or those with chronic and/or debilitating illnesses such as
5 cardiac diseases, asthma, diabetes, tuberculosis and other respiratory ailments,
6 carcenonza epilepsy and malnutrition;
7 4.) Youth with disability – refers to persons aged 15 to 30 years who have long-term
8 physical, mental, intellectual or sensory impairments, which in interaction with
9 various barriers may hinder their full and effective participation in society on an equal
10 basis with others, such as but not limited to youth with physical or orthopedic
11 disability; intellectual disability, learning disability, communication disability including
12 deaf and hard of hearing; visual disability or psychosocial disability.
13 (d) Disability shall mean 1) a physical or mental impairment that substantially limit
14 one or more psychological, physiological, or anatomical function of an individual or
15 activities of such individual; 2) a limitation or difficulty encountered by an individual in
16 executing a task or action; and 3) a participation restriction or a problem experienced by
17 an individual in involvement in life’s situations.
18 It does not just entail a health problem but shall reflect the interaction between
19 features of a person’s body and features of the society in which he lives as well as the
20 difficulties he has encountered to remove the environmental and social barriers;
21 (e) Inclusive education is a process of addressing and responding to the diversity of
22 needs of all students and learners by increasing participation in learning, cultures and
23 communities, and totally reducing exclusion from and within education. It involves the
24 appropriate changes and modifications in content, approaches, structures and strategies
25 with a common vision, which covers all children and youth of all ages, affirming in the
26 process the State’s conviction that it is the government’s mandate and responsibility to
27 educate all children and youth without discrimination or favor.
28 It shall also focus on the achievement of high quality, appropriate and relevant
29 education for all learners and students and the development of more inclusive and
30 conducive learning environments without focusing on marginal issues;

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 1 (f) Private Sector Participation refers to all forms of indispensable, substantial and
2 meaningful participation of private individuals, partnerships, groups or entities, disabled
3 people’s organizations, community-based organizations, or non-governmental
4 organizations, in the delivery of educational and rehabilitative services for CYSNs;
5 (g) Special Education (SPED) refers to the customized instructional program or
6 service designed to meet the unique needs of individual CYSNs, which may necessitate
7 use of supplementary aids and services and teaching strategies in classroom and non-
8 academic settings, and includes instructions on physical and vocational education and
9 travel training. Special education addresses significant physical, sensory,
10 neuropsychological, cognitive, or behavioral characteristics that may necessitate the use
11 of specialized materials, equipment, services, and/or teaching strategies. It is geared
12 towards the integration of CYSNs into the education mainstream;
13 (h) Learning Resource Center refers to a resource hub that provides students,
14 teachers, school personnel, and other education stakeholders of CYSNs appropriate
15 instructional learning materials, tools, devices, gadgets, equipment to facilitate and
16 enhance learning as well as assessment tools and instruments to evaluate
17 developmental domains and specific areas of concern necessary in determining
18 appropriate services and placement decisions;
19 (i) Special Instructional Materials refer to textbooks in Braille, large type, audio,
20 digital or any other medium or apparatus, that convey information to a student or
21 otherwise contributes to the learning process; and
22 (j) Universal Design for Learning is a scientifically valid framework for guiding
23 educational practice that: 1) provides flexibility in the ways information is presented, in
24 the ways student respond or demonstrate knowledge and skills, and in the ways
25 students are engaged; 2) reduces barriers in instruction, provides appropriate
26 accommodations, supports, and challenges and maintains high achievement
27 expectations for all students, including students with disabilities and students who have
28 limited English proficiency.
29 It is also a set of principles that guide the design of inclusive classroom
30 instruction and accessible course materials. The three principles of UDL are 1) multiple

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 1 methods of representation that give learners a variety of ways to acquire information
2 and build knowledge; 2) multiple means of student action and expression that provide
3 learners alternatives for demonstrating what they have learned; and 3) multiple modes
4 of student engagement that tap into learners’ interests, challenge them appropriately,
5 and motivate them to learn.
6 SECTION. 5. Establishment of Inclusive Education Learning Resource Centers
7 for CYSNs in all Public Schools Divisions. –An Inclusive Education Learning Resource
8 Center for CYSNs shall be established in all public schools divisions nationwide where
9 there are no existing SPED Centers.
10 All existing SPED centers shall now be called and referred to as Inclusive
11 Education Learning Resource Centers.
12 SECTION. 6. Functions of the Inclusive Education Learning Resource Center. –
13 The center shall function as a resource center that shall assist in promoting inclusive
14 education to capacitate regular schools to effectively handle the needs of children and
15 youth with disability. It shall:
16 (a) Integrate and include CYSNs in regular classes;
17 (b) Conduct assessment of CYSNs to evaluate developmental domains and
18 specific areas of concern and determine appropriate services and placement
19 options;
20 (c) Conduct school-based training of CYSNs;
21 (d) Undertake and monitor case management and coordination services;
22 (e) Ensure that the CYSNs within the division shall receive the appropriate
23 services needed;
24 (f) Provide training to regular teachers, administrators, non-teaching
25 personnel, and parents on inclusive education;
26 (g) Produce appropriate teaching materials for CYSNs;
27 (h) Implement the programs of the center such as the Individualized
28 Education Plan (IEP), transition program, and other alternative educational
29 programs;

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 1 (i) Provide access to auxiliary aids that are basically non-educational, but
2 which enhance the education process of the CYSNs. These services may include:
3 1. Language and speech therapy, occupational therapy, physical and
4 physiotherapy, among other modes of therapy, through the Mobile Multi-
5 Specialist Inclusive Education Division Support Team;
6 2. Quality reading, or other effective methods of delivering accessible
7 reading materials to individuals with visual impairments;
8 3. Appropriate classroom accommodation;
9 4. Other similar services and actions or all types of aids and services
10 that facilitate the learning process of CYSNs; and
11 5. Assistance and/or monitoring the transfer or admission of qualified
12 CYSNs to post-secondary or tertiary education institutions; and
13 SECTION. 7. Hiring of Personnel and Staff. – In addition to the teachers with
14 special trainings in handling CYSNs and to ensure the effective implementation of this
15 Act, the DepEd may hire the necessary personnel and support staff to operate,
16 administer and oversee the Center.
17 SECTION. 8. Benefits and Incentives for Personnel and Staff of the Center. - The
18 DepEd shall enhance the right of the teachers or instructors to professional
19 advancement and ensure that the Centers shall attract the best available teaching staff
20 and talents through adequate remuneration, scholarship and training grants, teacher
21 exchange programs, incentives, and allowances and other means of securing their job
22 satisfaction and fulfillment as well as their long and stable tenure in their respective
23 posts.
24 SECTION 9. In-Service Training of Teachers, Administrators, Non-Teaching
25 Personnel. – To enhance the inclusive education program, the DepEd shall coordinate
26 with the appropriate government agencies to offer basic and advanced seminars on
27 disability awareness and inclusive education for the concerned stakeholders.
28 The appropriate and necessary trainings, seminars and other opportunities for
29 upgrading the performance of DepEd teachers implementing the inclusive education

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 1 curriculum shall be conducted and evaluated by the National Educators’ Academy
2 (NEAP).
3 SECTION. 10. Authority of the DepEd Secretary. – The Secretary of DepEd shall
4 develop programs, enter into cooperative arrangements or contracts with public or
5 private non-profit agencies, institutions, or organizations for the establishment or
6 creation of Centers or implementation of inclusive education such as, but not limited to,
7 the following:
8 (a) Technical assistance to Center teachers who are preparing to serve or are
9 serving CYSNs for inclusion and mainstreaming;
10 (b) Training of professionals or related services personnel including all regular
11 teachers;
12 (c) Replication of successful innovative approaches in providing educational or
13 related services to CYSNs;
14 (d) Facilitation of parental involvement in the education of their CYSNs;
15 (e) Diagnosis and educational evaluation of CYSNs;
16 (f) Consultative, counseling and training services for the families of CYSNs;
17 (g) Familiarization of the municipality or city being served by a Center with
18 the problems and potentialities of such children and youth; and
19 (h) Enter into agreements with medical and allied medical professional
20 groups.
21 Inclusive Education Learning Resource Centers created under this Section shall
22 remain part of the DepEd system.
23 SECTION 11. Program Office. – Inclusive education programs shall be under the
24 Student Inclusion Division of the Bureau of Learning Delivery under the Office of the
25 Undersecretary for Curriculum and Instruction. The Student Inclusion Division shall
26 assist in the formulation, implementation, monitoring, and evaluation of policies,
27 programs, and services for, but not limited to, CYSNs.
28 SECTION. 12. Continuing Research to Identify Needs of CYSNs. – The DepEd, by
29 itself or in coordination with organizations or institutions, shall undertake continuing
30 research to identify and design programs that shall meet the full range of needs of

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 1 CYSNs: Provided, That such continuing research shall also be used to develop
2 instructional techniques for use by the Centers towards improving the acquisition of
3 skills by CYSNs necessary for their transition to independent living, vocational training
4 or competitive development: Provided, further, That such continuing research shall be
5 used by the DepEd in designing a physical education and therapeutic recreation
6 program to be used by the Centers to increase the potential of the children and youth
7 for community participation.
8 SECTION. 13. Student Assistance. – The DepEd, DSWD, NCDA and LGUs shall
9 develop programs to support the financial and educational needs of the marginalized or
10 disadvantaged CYSNs, as defined in Republic Act No. 8425, otherwise known as the
11 Social Reform and Poverty Alleviation Act.
12 The benefits accorded by Republic Act No. 8545, or the E-GATSPE Act shall
13 likewise be extended to qualified CYSNs students in the secondary levels.
14 SECTION. 14. Recreational and Artistic Opportunities. – The DepEd shall institute
15 opportunities for safe and wholesome individual as well as interactive group recreation
16 and social activities for CYSNs, optimal use of their leisure hours, and advancement of
17 their physical, mental, social and cultural development.
18 SECTION. 15. Special Instructional Materials. – Publishers shall grant the DepEd
19 the authority to transcribe adopted instructional materials into accessible format,
20 without penalty or payment of royalty in accordance with Republic Act No. 8293,
21 otherwise known as the Intellectual Property Code of the Philippines. Further,
22 publishers of newly adopted materials shall provide, not later than the second working
23 day after the adoption of textbook titles by the DepEd, the digital copy as specified by
24 the DepEd for the purpose of producing accessible versions of the textbooks for
25 students with reading disabilities. The accessible versions may be produced by the
26 DepEd or by non-profit accessible book producers, which may be copied and distributed
27 upon request to a Schools Division for instructional purposes.
28 Copies of these instructional materials shall be furnished without cost to either
29 the CYSNs or the teacher who is handling their instruction.

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 1 SECTION 16. Incentives for Private Sector Participation. – Partnership between
2 the government and private institutions catering to the needs of CYSNs shall be
3 encouraged. Private entities who or which team up with DepEd or provide the
4 necessary educational assistance and service of CYSNs enrolled in public schools shall
5 be entitled to benefits and incentives provided under Republic Act No. 8525 or the
6 ‘Adopt a School Act of 1998’and its Implementing Rules and Regulations.
7 SECTION. 17. Inclusion of Children with Special Needs in Child Development
8 Centers. – Child Development Centers (CDCs) specially designed for pre-school children
9 and their parents, where early identification of disabilities and special needs and
10 introductory educational and intervention programs will be administered, shall be
11 established near or within existing Centers or in other Centers. As far as practicable, the
12 use of existing CDCs and facilities shall be maximized.
13 The Early Childhood Care and Development Council (ECCD Council) shall
14 coordinate with LGUs, DepEd, DSWD, DOH and other concerned agencies to provide
15 support programs for children with special needs under five years old.
16 SECTION. 18. Health and Nutrition Services and Interventions. – The
17 Department of Health (DOH), National Nutrition Council (NNC), and ECCD Council shall
18 provide inclusive health and nutrition services and interventions for implementation by
19 the Department of Social Welfare and Development (DSWD), DepEd, and LGUs.
20 SECTION. 19. Parent, Sibling, and Caregiver Education. – A formal training and
21 counseling program shall be developed and initiated by the LGUs, in coordination with
22 DepEd, DSWD, LGUs, ECCD Council, DOH, disabled people's organizations (DPOs),
23 parent-support organizations, health professional organizations, non-government
24 organizations (NGOs), and civil society organizations (CSOs) to equip parents, siblings,
25 and caregivers of CYSNs with working knowledge of special education, an
26 understanding of the psychology of CYSNs, and the awareness of their crucial role as
27 educators so that they, in turn, can maximize their knowledge and skills to fully
28 participate in developing the potentials of CYSNs. Parents should also be apprised of
29 procedural safeguards to protect the educational rights of children and their parents,
30 and processes to resolve disputes and complaints related to the education of CYSNs.

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 1 SECTION. 20. Local Government Unit Participation. – LGUs may allocate a
2 portion of their Special Education Fund for the following:
3 (a) Provision of sites, buildings or centers where there are no existing school
4 facilities that may be used for the special education of CYSNs, as well as the
5 establishment of CDCs pursuant to Sec. 18 hereof;
6 (b) Identification, coordination, and the tapping of public or private volunteers and
7 private organizations, national or international, for information dissemination
8 campaigns, funding programs and other projects to augment the funding of Inclusive
9 Education programs and equipment, among others;
10 (c) Operation of Inclusive Education programs including the payment of salaries,
11 allowances, and other benefits of teaching and non-teaching personnel in Centers, as
12 well as the conduct of competency trainings; and
13 (d) Delivery of health and nutrition services and interventions, educational
14 assessment program of CYSNs in their respective localities that would be initiated by
15 the DepEd.
16 SECTION. 21. Public Information, Education, and Communication. – A nationwide
17 information dissemination campaign on the prevention, early identification, early
18 detection and the strategic intervention programs for CYSNs shall be intensified. This
19 shall be the joint responsibility of the Philippine Information Agency (PIA), Council for
20 the Welfare of Children (CWC), the National Council for Disability Affairs (NCDA) and
21 the DepEd. Likewise, the DepEd, in collaboration with DOH, Department of Labor and
22 Employment (DOLE), and LGUs shall disseminate materials and information concerning
23 effective practices in working with, training and educating CYSNs.
24 Private media outlets and organizations are encouraged to participate in the
25 dissemination of relevant materials and information regarding effective practices in
26 working with, training, and educating CYSNs.
27 SECTION. 22. Appropriations. – The Secretary of DepEd shall immediately
28 include in the DepEd program the implementation of this Act, the funding of which shall
29 be included in the annual General Appropriations Act. A separate line item budget for
30 CYSNs shall be incorporated in the budget of the DepEd.

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 1 SECTION. 23. Implementing Rules and Regulations. – Within ninety (90) days
2 from the effectivity of this Act, the DepEd, in coordination with the DSWD, Department
3 of Interior and Local Government (DILG), DOH, DOF, Bureau of Internal Revenue (BIR),
4 CWC, ECCD Council, and NCDA and in consultation with DPOs, parent-support
5 organizations, health professional organizations, and NGOs and CSOs that are working
6 with CYSNs, shall promulgate and issue the necessary guidelines for the effective
7 implementation of this Act.
8 SECTION. 24. Separability Clause. – If for any reason, a provision or part hereof
9 is declared invalid, other provisions not affected thereby shall remain in full force and
10 effect.
11 SECTION. 25. Repealing Clause. – All laws, decrees, executive orders, rules and
12 regulations contrary or inconsistent with the provisions of this Act are hereby repealed
13 or modified accordingly.
14 SECTION. 26. Effectivity. – This Act shall take effect fifteen (15) days after its
15 publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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