Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 042417

Introduced by: Honorable Jan Nikka A. Estefani

Explanatory Note

Of the 92.1 million household population of our country, 1,443,000 or 1.57 percent has
disability, based on the 2010 Census of Population and Housing (2010 CPH). The recorded figure
of persons with disability (PWD) in year 2000 CPH was 935,551 persons, which was 1.23 percent
of the household population.

Every Filipino plays an important role in nation-building. It is we the Filipino citizens who
formed the state; not only those who are physically and mentally able, but the whole people who
formed the union as well as those persons with certain disabilities and impairment. Therefore,
efforts shall be exerted and maintained to enhance their opportunities and to secure and promote
their future.

The 1987 Philippine Constitution enshrines 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. Hence, the State shall support this Free Specialized Education Program
for PWD`s.

Education is a right.

The present and real scenario of Philippines is that Filipinos are bombarded of various
predicaments such as poverty and endless crimes which are all rooted from lack of education. So
important is the right to education that it has now been enshrined in the Constitution. The
recognition of the right to education imposes upon the state the corresponding duty to advance and
safeguard this right and to take actions to make quality education at all levels generally accessible.
Free Specialized Education for PWD`s is the lifeline to realize the right to quality education for all
citizens particularly the underprivileged.

Education for Persons with Disabilities.

The primary duty of our State is to ensure the welfare of its people and adequate attention
should be given particularly to those who are in the pressing conditions- The persons with
disabilities (PWD`s). These people need extra care, attention, services and program. As citizens,
they are entitled to programs that are specifically formulated for them. A free and specialized
education can enhance and develop their innate special skills, and with that they can be productive
citizens who can contribute to the success of our state instead of being a burden. This is not about
pity anymore. This is now a fight for what is legally right and just!

Education needs to be specialized.

Persons with Disabilities have different state of conditions. Some have visual disabilities,
while others have physical or speech disorder and other kind of disabilities. Because of these
disabilities, PWD`s are not convinced to go schooling because of the fear of being discriminated
and also because they cannot cope up with the activities and lessons as other normal students can
do. Given these kind of issues, education needs to be specialized.

Free Specialized Education are customized to address each student`s unique needs and to
use different programs and approaches to be applied. The program is designed to help PWD`s
achieve a higher level of self-sufficiency and success in school and in their community as well and
to enhance their lives despite of certain disabilities they have. For the set-up, students of the same
medical record of disabilities will be educated together and shall be separated from other students
of different disabilities, in order to easily and properly address their needs.

Education from elementary to tertiary level.

Right to education give emphasis to quality education at all levels-elementary, high school
and collegiate. Free Specialized Education will be provided from elementary to secondary and up
to tertiary level. The scope of the program is not limited only to basic education because as far as
may be possible, we want to pursue higher studies. High school graduate students have limited
scope of knowledge and proficiency that obviously the reason why they have limited and meager
job opportunities. Tertiary education as said as the final phase of education in which students
maximize their preferences on whether to take bachelor courses or gain vocational/technical
expertise-as it is their training ground to mold their future. Tertiary education guarantees
adequate and pro-found learning as it highly equipped a person`s mental, moral, independent
thinking and self-reliability. It should be overemphasized that well-educated and properly trained
population, though with certain disabilities are the strongest backbone of a progressive and
prosperous nation.

In view of the foregoing, the immediate approval of this bill is hereby requested.

Jan Nikka A. Estefani

 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 042417

Introduced by: Honorable Jan Nikka A. Estefani

AN ACT OF PROVIDING FREE SPECIALIZED EDUCATIONAL PROGRAM FOR

PERSONS WITH DISABILITIES

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

assembled:

CHAPTER I
General Provisions

SECTION 1. Short Title – This act shall be known as “Free Specialized Education for
PWD`s.

SECTION 2. Declaration of Policy – It is hereby declared the policy of the State,

consistent with the 1987 Philippine Constitution to:

1. Give priority to education, science and technology, arts culture, and sports to
foster patriotism and nationalism, accelerate social progress, and promote total
human liberation development (Article II,State Policies, Sec.17).

2. 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.
(Article XIV, Education,Sec.1).

3. Under Article XIV, Education, Sec. 2, The State shall:

(a)Establish, maintain, and support a complete, adequate, and

integrated system of education relevant to the needs of the people and
society;

(b)Establish and maintain a system of free public education in the

elementary and high school levels. Without limiting the natural right of
 parents to rear their children, elementary education is compulsory for all
children of school age;

(c)Establish and maintain a system of scholarship grants, student loan

programs, subsidies and other incentives which shall be available to
deserving students in both public and private schools, especially to the
underprivileged;

(d)Encourage non-formal, informal and indigenous learning systems, as

well as self-learning, independent, and out-of-school study programs
particularly those that respond to community needs; and

(e)Provide adult citizens, the disabled and out-of-school youth with

training in civics, vocational efficiency, and other skills.

Towards this end, the state shall impose policies that shall advance and safeguard the right
and privileges of PWD`s so they can harmoniously develop their intellectual facilities and thereby
liberate them from the shackles of poverty, ignorance, illiteracy, disability and other conditions
that may prevent or hinder the full development of their human personality and capacity.

SECTION 3. Definition of Terms –Whenever used in this act, the following terms shall
mean as follows:

1. Specialized Education Program- is the practice of educating students with

special needs in a way that it addresses their differences and needs. Ideally, this
process involves the individually planned and systematically monitored
arrangement of teaching procedures, adapted equipment and materials and
accessible settings.
2. Persons with Disabilities- any person who has a physical or mental impairment
that substantially limits one or major life activities; has a record of such impairment;
or is regarded as having such impairment.
3. Special School-a school catering students who have special educational needs
due to disabilities and addresses their specific needs.
4. Students- shall refer to as those persons with disabilities.
5. Program-shall refer to as the free specialized education for PWD`s.
6. Board- shall refer to as the Board for Specialized Education for PWD`s.
7. Bachelor Courses- is an undergraduate academic degree awarded by a Special
School upon completion of a course of study lasting to four (4) or more years.
8. Technical and Vocational Expertise-education that prepares people to work in
a trade, a craft, as a technician. It is usually based on manual or practical activities
and are traditionally non-Academic but related to a specific trade or occupation is
often provided by highly specialized trade and Technical schools.
9.Community Operated School- a type of a local school in a province funded
directly by the state.
10. Recognized Diploma-a certificate awarded by an educational establishment
(Special School) to show that PWD`s have successfully completed their courses.
 11. Basic Education- refers to elementary and secondary education.
12. Tertiary Education- refers to collegiate or gaining technical/vocational
expertise.
13. Autism-a mental condition, characterized by difficulty in communicating and
forming relationships with other people and in using language and abstract concept.
14. Deaf-blindness-means concomitant hearing and visual impairments.
15. Deafness- a person cannot hear anything at all; they are unable to detect sound,
even at the highest volume possible.
16. Developmental Delay- the condition of a child being less developed mentally
or physically than is normal for its age.
17. Speech or Language Impairment- a communication disorder such as
stuttering impaired articulation.
18. Orthopedic Impairment- refers to bodily impairment that includes genetic
abnormality, disease (poliomyelitis, bone tuberculosis), injury, amputations,
fractures, cerebral palsy.
19. Visual Impairment- low vision is a severe reduction in vision that cannot be
corrected with standard glasses or contact lenses.

SECTION 4. Purpose- This Act shall be interpreted so as to:

1. Provide a free specialized education;

2. Create an access to education from elementary to tertiary level; and
3. Help and assist PWD`s pursue educational goals or gain vocational/technical
expertise.

CHAPTER II
Establishment, Policies, Duties and Responsibilities

SECTION 5. Establishment – A Special School is hereby established under the executive

department of the Philippine Government under Department of Education (DepEd) for
basic education; and is hereby established under the executive office of the President of the
Philippines under Commission on Higher Education (CHED) for tertiary education.

SECTION 6. Implementation of the Program - This section establishes that the

Department of Education (DepEd), and Commission on Higher Education (CHED), shall
formulate and implement the “Free Specialized Education for PWD`s”, pursuant to and
consistent with the provisions of this Act.

The above said agencies can work with coordination with the following agencies i in
formulating and establishing this program:

1. Technical Education and Skills Development Authority (TESDA).

2. Department of Social Welfare and Development (DSWD).
3. Department of Labor and Employment (DOLE).
SECTION 7. Creation and Composition of the Board-There shall be created a Board for
Specialized Education for PWD`s to be composed of a Head of Curriculum (HOC) and two
(2) members, who shall be appointed by the President of the Philippines upon
recommendation and consent of the Commission on Appointments:
I. Power and Functions of the Board:
1. Establish the location of the Special School;
2. Supervise and monitor the operation of the Program;
3. Secure and sustain the maintenance of the Special School;
4. Monitor programs, policies and approaches of the program duly
implemented in a Special School.;
5. Assist, lead and coordinate with other concerned agencies of the
government relating to the needs, projects and programs of the Special
School;
6. Set the qualifications, salary and the number of teachers to be hired;
7. Set the organizational set-up and staffing pattern of hired teachers;
8. Monitor the progress, performance and behavior of students with
disability; and
9. Coordinate and manage the staff and resources of the specialized
program.

II. Qualifications of Board Members-The Members of the Board shall at the time
of their appointment be:
1. A citizen of the Philippines;
2. Physically and mentally fit;
3. Must have a Master`s Degree in any of the following;
(a)Master of Arts in Special Education
(b) Master of Arts in Teaching
(c)Master of Education
4. At least thirty-five years of age.

SECTION 8. Compensation of Board Members-The salaries of Members of the Board

shall be determined by law.

SECTION 9. Powers and Functions of the Head of Curriculum-

I. Power and Functions of the Head of the Curriculum-The Head of the Curriculum shall
perform the following powers and functions:
1. Lead and supervise the Board;
2. Demand medical records/documents from parents to attest the student`s
incapacities and disabilities.
3. Determine qualified students of the Special School;
4. Assist the leadership team of the school in curriculum matters; and
5. Give advice and guidance to teachers and support-staff to effectively
implement the program.
SECTION 10. A Special School shall offer Specialized Education for persons with any of
the following related disability and impairment.
1. Autism
2. Deaf-blindness
3. Deafness
4. Developmental delay
5. Orthopedic impairment
6. Speech or language impairment
7. Visual impairment

SECTION 11. Annual Report- the Board of this program shall, at the close of each
calendar year, submit an annual report to the President, Congress, Senate, Secretary of
DepEd, Chairman of CHED, giving a detailed report on its activities, accomplishments and
programs.

CHAPTER III
Regulations

SECTION 12. Nature of the School - This Special School shall be:
1. Public -duly funded by the state.
2. Local- community schools located in provinces.
3. Formal- For basic education.
(a) A student formally enters a formal schooling at the age of seven (7)
for a six-year elementary;
(b) Followed by a four-year secondary education; and
(c) After which he can enter college and study for four (4) or more years.
4. Non-formal-For tertiary education.
(a)During the time a student enters college and study for (4) or more
years or either vocational/technical expertise, he shall be introduced to new
concepts of education by giving specialized education, programs and aids to assist
and help his special needs because of certain disabilities he has.

SECTION 13. Access to Education- Specialized Education can be provided by the

government through community operated schools in provinces with coordination with its
concerned government agencies.

SECTION 14. Admission into the Program- Any person with the following qualifications
may be admitted or benefit the program:
1. He must be a Filipino citizen;
2. Atleast 7 years old but not older than 30 years old;
3. Has no capacity to go to school due to financial reasons;
4. And lastly must have medical records/documents of any of the following or
related disabilities and incapacities:
a) Autism
b) Deaf-blindness
 c) Deafness
d) Developmental delay
e) Orthopedic impairment
f) Speech or language impairment
g) Visual impairment

SECTION 15. Medical Documents- Parents (including adoptive parents or guardians)

must provide appropriate medical records or documents to prove that their child has a
certain disability or impairment.

SECTION 16. Scholarship - 186 Students shall receive provisions of scholarship grants,
financial aids,subsidies and other incentives including books, learning materials, and
uniform allowance to the extent feasible.

Students must also receive instructional materials and required equipment according to
their specific specialization and schools must have professional services and learning
support for a specialized educational system.

SECTION 17. Accommodation.-A Special School shall have specialized aids but not
limited to the following to accommodate the special needs of every student:

I. Specialized Aids:
(a) Resource Room
(b) Speech Language Therapy
(c) Occupational Therapy
(d) Physical Therapy
(e)Rehabilitation Counseling
(f)Visual-Large-Print Textbook

(a) If the assessment determines that the student cannot write by hand because of
Physical disability, then the school might provide a computer for typing assignments, or
allow the student to answer questions verbally instead. If the school determines that the
student is severely distracted by the normal activities in a large, busy classroom, then the
student might be placed in a smaller classroom such as a resource room.

(b) If a student takes an academic test and it indicates that the student struggles with reading
comprehension, parents can request speech and language support or classroom
accommodations, such as extra time to complete reading and writing tasks.

SECTION 18. Courses Offered - Access to this Specialized Education starts from basic
education (elementary to secondary) to tertiary level. Thus, the Special School shall offer
bachelor courses as well as vocational and technical expertise.

SECTION 19. Classroom Set-Up- Qualified students shall be grouped and taught
according to their disabilities. The disabilities of the students shall be determined first,
thereafter they will be grouped accordingly with their certain disabilities to attain the
special education they need by providing special attention on what approach shall be
applied according to their disabilities.

SECTION 20. Recognized Diploma-The said 219 Specialized Education Program must
lead to a recognized diploma and government shall provide employment for the students
appropriate and suited for their condition and capacity.

CHAPTER IV
Implementation Guidelines

SECTION 21. Implementing Rules and Regulations– Unless otherwise provided in this
Act, the Board with supervision and approval of the Department of Education (DepEd) and
Commission on Higher Education (CHED) shall promulgate such rules and regulations as
maybe necessary for the effective implementation of this Act.

SECTION 22. Organization – The Board shall be organized within sixty (60) days from
the effectivity of this Act.

CHAPTER V
Transitional Provisions

SECTION 23. Centralization of Board-This section establishes that from basic to tertiary
education, there shall only have one Board (Composed of a Head of Curriculum and two
(2) members) for the entire Special School.

SECTION 24. This section establishes that concerned agencies of the said program shall
determine what provinces in the whole Philippines need the establishment of this Special
School.

SECTION 25. One Province- One Special School- There shall only have one Special
School in every Province.

CHAPTER VI
Funding

SECTION 26. Subsidy - The amount of Three Hundred Million Pesos

(Php300,000,000.00) is hereby appropriated as contribution of the national government for
its official operations and maintenance. Thereafter, the amount necessary for the continued
op 251 eration of this free specialized education shall be duly provided for, appropriated
and released from the national budget.
 SECTION 27. Appropriations-The amount necessary to carry out the provisions of this
act shall be included in the General Appropriations Act of the year following its enactment
in to law and thereafter.

CHAPTER VII
Miscellaneous Clauses

SECTION 28. Auditing -All financial matters of this program shall be subject to periodic
audit by the Commission on Audit.

SECTION 29. Removal of Board Members - The President of the Philippines may remove
any member of the Board for neglect of duty or incompetency of for unprofessional or
dishonorable conduct.

SECTION 30. Separability Clause- If for any reason, any section or provisions of this
Act, or any portion hereof is declared unconstitutional, the remainder of this Act shall not
be affected by such declaration.

SECTION 31. Repealing Clause- All laws, ordinances, rules, and regulations which are
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 32. Effectivity – This Act shall take effect fifteen (15) days following its
complete publication in the publication in the Official Gazette or at least two (2) national
newspapers of general circulation.

Approved,

Jan Nikka A. Estefani