FOUNDATION OF SPECIAL

AND INCLUSIVE
EDUCATION

Prepared by:

IVY S. DIAZ, MAED

CASTOR V. BALACUIT, MAED
ELOIDA O. QUEZADA, PhD

CTE-FACULTY

EDUC. 7 Foundation ofSpecial and Inclusive Education

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 INTRODUCTION TO
MODULE SPECIAL 1
AND INCLUSIVE EDUCATION
Overview
Exceptional children and youth like all other pupils in regular classes are
individuals with their unique traits and characteristics. Some of them learn slower than the
average pupils, like those with mental retardation. Meanwhile, those who are gifted and
talented learn very fast and show creativity in their work. There are exceptional children
who have learning disabilities, so that, although their mental ability is average or even
above average, they do not learn as much as they can. Still others have sensory disabilities
like blindness or low vision and deafness; communication disorders, physical disabilities,
like cerebral palsy, spina bifida, spinal cord injuries and limb deficiency; chronic health
impairments like epilepsy, juvenile diabetes mellitus, asthma, cystic fibrosis and
hemophilia, among others.
However, in spite of their disabilities, exceptional children and youth like all
other children have the same psychological needs: they want to belong, to be accepted, to
be appreciated, and to be loved. In return, they are capable of showing appreciation,
gratitude, love and friendship.

This module contains six lessons. These are:

cessovt 1- History of Special Education
I—esson 2- Special Education in the Philippines
cessovt 3- Policies and Guidelines of SPED in the Philippines
I—essovt 4 Individual with Disabilities Education Act (IDEA) of 2004
I-esson 5 Education for All Handicapped Children Act (EHA) of 1975
cessovt R.A. 7277
Course Intended Learning Outcomes:

module; yovvareexpecæ.d
l. Understand the history and origin of Special Education
2. Identify the Policies and Guidelines of SPED Implementation in the Philippines
3. Awareness on the Magna Carta for disabled person
4. Differentiate the characteristics of special children to normal and gifted child
5. Identify legal laws that support to special education
6. Distinguish the rights of every special children based on the policies and guidelines for
special education

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 7. Define the implementing rules and regulations of laws that support to education for special
individuals

module:
Read the instructions carefully.
Do all the activities and exercises.
Use the concept
discussed
in each
explain
History of Special Education lesson to
the results
of activities
or exercises.
/

'Ewry child ins a different learnity style aM pce. Each child is uniqæ, not only capable of
learniry but also capble of succeediry •
Robert john Meehan

What is special education? When and how it all started? This lesson provides you a
better understanding on the history of special education in the Philippines and in other
countries.

Intended Learning Outcomes (ILOs):

After studying this lesson, you should be able to:
define special education trace the history of special education consider the
contributions and activities in each stage of development in the history of special
education

Levy Study

EDUC. 7 Foundation ofSpecial and Inclusive Education

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The First Special Education in the Philippines

Special Education refers to the education of persons who are gifted or talented and
those who have physical, mental, social of sensory impairment and cultural differences that
require modification of the school curricula, programs and special and physical facilities to
enable them to develop themselves to their maximum capacity.

History borught about a process of trial and error, imitation, individual creativity and
persuasion leading to what we know today as Special Education.. To trace its history, we can
identify the following developments:

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 1902 The interest to educate Filipino children was expressed by Fred W. Atkinson.
1907 Insular School for the deaf in Manila. (Philippine School for the Deaf)
1926 The Philippine association for the deaf is established
1927 —School for Mental Retardation.(Welfareville Children's Village,
Mandaluyong.)
1942 National Orthopedic Hospital School for Crippled children and youth.
1949 Quezon City 1--ligh School was in inaugurated for gifted students. 1950
School for children with hearing impairment.- Elsie Gaches Village
1953 School for orphaned children with disabilities.
1956 Deaf were integrated in regular class.
1960 Private colleges and universities started to offer SPED courses on GSC.
1962 DEC teachers' scholars for blind teachers started training in Philippine normal
university.
1965 — Marked the start of training program for school administrators on the
supervision of special classes held at UP
1970 UP started training teachers for children with behavioural problems.
1980 - School for crippled children at southern island in Cebu.

SPED in the Philippines started in 1907 where the school for deaf (in
Harrison, Pasay City) was established and marked the official government recognition
of obligations toawrds the education of the handicapped children. Special Education
was formally started in the country by establishing the Insular School for Deaf and
Blind in Manila. The Philippine Association for Deaf was founded. The government
established the Welfare Ville Childrens Village, a school for people with mental
retardation in Mandaluyong.

History of Special Education in the States

In America during the late nineteenth and early twentieth century , many
individuals began to realize the importance of public education for the disabled
individual. Special schools and special classes for children disabilities especially

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 th
deafness, blindness and mentally retardation did exist in 19 century America but
gradually increased during the 20 century. During the 1800s in America deviant
children were considered handicapped, retarded, incorrigible, truant socially
maladjusted and their basic actions were in conflict with the law, whether considered
either dangerous, violent or harmless and or mild in nature. It is reported that there
were more than two million defective individuals in the United States during the
1800's and as a result of their diseased or weak minds they were in society making
criminals. Today the deviant learning handicapped student is educated within public
community schools and specially placed in special need classrooms (McQuin, 2006)
Latin America- Before 1978, little action was taken to educate chidlren with
disabilities in Columbia. Children would be left home without much interaction with
the outside world. In 1985, special education was researched across the country and
education programs were created. After 1990, people with disabilities were given
access to public school classes. The increase in advocation for accessibilty for
children with disabilities was initiated by the awareness and recognition of the rights
of this group of children to education. While there has been improvement over recent
years, there is still slow development for special education programs and special
education policy.

History of Special Education in Colombia

Statistics from DANE (Departmento Administrativo Na-cional de Estadistica)
state that there are 2, 624,898 disabled people who reside in Colombia, representing
6.3% of the country's population. According to 2010 research 90% of disabled
students in Colombia not attend mainstream school and only 26 0 0 of them are able to
attend school at all.The history of special education in Colombia can be categorized
into three periods: the periofof neglect, the period of diagnosis and planning and the
emergence of special education. The period of planning ran from the years 1978 to the
year 1990.
The ministry of Colombia in 1995 implemented a national plan for the
development of special education called " Plan Nacional para el Desarrollo de la
Education Especial". The purposes of the plan was to create a national diagnosis of
special education and to initiate programs for individuals with disabilities. In 1994,

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 the Ministry of education put the first law into action to introduce special classes in
public schools that include students with disabilities, called Law 115.
In 2011, Colombia entered into the Convention of Rights of Persons with
Disabilities, on agreement among the United Nations Education Scientific and
Culture Organization (UNESCO) to protect people who live with Disabilites. The
most recent development of special education in Colombia was Article Il of Law
1618, which was passed in 2013. The law states that "the Ministry of Education will
define the policy and regulate the scheme of education for persons with special
educational needs, promoting educational access and quality under a system based on
inclusion in the educational services. The Colombian government has also made
financial strides into special education, investing over $ 12.3 million in 2015

History of Special Education in the World

One of the first special schools in the world was the Institut National des
Jeunes Aveugles Paris, which was founded in 1784. It was the first school in the
world to teach blind students. The first school in U.K. for the Deaf was established
1760 in Edinburgh by Thomas Braidwood, with education for visually impaired
people beginning in the Edinburgh and Bristol in 1765.
Activity No. 1.1: ON YOUR OWN!

Directions: Answer the following questions.

l. What is special education?

Activity No. 1.2: TRACE ME!

Directions: Prepare a timeline on the history of special education from 1907 to present. Write
your timeline inside the box.

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Activity No. 1.3: CHECK YOUR UNDERSTANDING

Direction: List down the specific events of the following years/stage.

Year Specific Events and Activities

1902

1907

1926

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1927

1942

1949

1950

1953

1956

1960

1962

1965

1970

1980

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-Zeuoet 2 Special Education jn the
PhjlippjneS
Special
Education refers to the presentation of teaching procedures, materials, and other interventions
designed to address the needs of a child with learning differences, disabilities, and giftedness.
This lesson starts with the vision for children with special needs followed by the policy, goal
and objectives of special education set by the Department of Education.

Intended Learning Outcomes (ILOs):

After studying this lesson, you should be able to:
explain the vision for children and youth with special
needs discuss the policy of Inclusive Education for All
enumerate the goals and objectives of special education

Levy Study

Vision for Children with Special Needs

The Department of Education clearly states its vision for children with special needs
in consonance with the philosophy of inclusive education, thus:
"The State, community and family hold a common vision for the Filipino child with
special needs. By the 21 st century, it is envisioned that he she could be adequately provided
with basic education. This education should fully realize his/her own potentials for
development and productivity as well as being capable of self-expression of his/her rights in
society. More importantly, he she is God-loving and proud of being a Filipino.
It is also envisioned that the child with special needs will get full parental and
community support for his/her education without discrimination of any kind. This special
child should also be provided with a healthy environment along with leisure and recreation
and social security measures" (Department of Education Handbook on Inclusive Education,
2000).
Policy, Goals and Objectives of Special Education

The policy on Inclusive Education for All is adopted in the Philippines to accelerate
access to education among children and youth with special needs. Inclusive education forms

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an integral component of the overall educational system that is committed to an appropriate
education for all children and youth with special needs.

The goals of the special education program of the Department of Education all over
the country is to provide children with special needs appropriate educational services within
the mainstream of basic education. The two-pronged goal includes the development of key
strategies on legislation, human resource development, family involvement and active
participation of government and non-government organizations. Likewise, there are major
issues to address on attitudinal barriers of the general public and effort towards the
institutionalization and sustainability of special education programs and services.

Special education aims to:

1. provide a flexible and individualized suppolt system for children and youth with
special needs in a regular class environment in schools nearest the students' home.

2. provide supolt services, vocational programs and work training, employment

opportunities for efficient community participation and independent living.

3. implement a life-long curriculum to include early intervention and parent education,

basic education and transition programs on vocational training or preparation for
college, and

4. make available an array of educational programs and services: the Special Education
Center built on " a school within a school concept" as the resource center for children
and youth with special needs; inclusive education in regular schools, special and
residential schools, homebound instruction, hopsital instruction and community-
based programs; alternative modes of service delivery to reach the disadvantaged
children in far-flung towns, depressed areas and underserved barangays.

The past decades saw the continuous development of special education programs for
a wide range of exceptional children and youth: those with mental retardation, giftedness and

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talent, blindness, deafness, langauge and speech dis-orders, crippling conditions, behavior
problems, severe disabilities and physical impairments.

Activity No. 2.1: CHECK YOUR UNDERSTANDING!

Direction: Complete the following visual organizers.

Vision and Goal for Children with Special Needs

(a) Vision:

(b) Goal:

(a)

(b)
Policy of Inclusive Education for All

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(c)

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Zeoooet 3 Policies and Guidelines of
Sped in the Philippines
•r am only one; but still r am ON. r canmt do eærythity, but still I can do gmethity. I
will not refwe to do somethity r can do."
- Hellen Keller

Students with learning disabilities have diverse, complex, and

interrelated difficulties, often hidden or subtle, that affect their learning.
While there is great variability among students with learning
disabilities, they are generally described as individuals of at least
average intelligence who have difficulty processing information and
who experience unexpected academic difficulties that cannot be
explained on the basis of other diagnosed disabilities or environmental
influences. These students exhibit strength and success in other learning
and processing areas. Although learning disabilities are life long, their
impact on quality of life can vary depending on demands in the
environment. Thus, the learners with special needs shall be treated
equally. This lesson, we will learn the policies and guidelines of special
education in the Philippines.

Intended Learning Outcomes (ILOs):

After stud9ing this Lesson, you shouCWbe abCe to:

Identify the Policies and Guidelines of SPED Implementation in the

Philippines
Define the composition of team approach in working and
understanding children with special needs; and
Explain the right of every individual to quality education that is
suitable to the needs.
Levy Study

The Eclicies and Cuidelines cf SVEL in the Philippines

Article 1. Philosophy, Goals and Objective

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 Section 1. The State shall promote the right of every individual to relevant
quality education regardless of sex, age, breed, 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 the benefits of education by its entire citizen.

Section 2. Every child with special needs has a right to an educational program
that is suitable to his needs. Special education shares with regular education
basic responsibilities of the educational system to fulfill the right of the child to
develop to his full potential.

Section 3. Special education shall aim to develop the maximum potential of the
child with special needs to enable him to become self-reliant and shall be
geared towards providing him with the opportunities for a full and happy life.
Section 4. The specific objectives of special education shall be the
development and maximization of learning competencies, as well as the
inculcation of values to make the learners with special needs a useful and
effective member of society.

Section 5. The ultimate goal of special education shall be the integration

or maintenance of learners with special needs into the regular school
system and eventually in the community.
Article 2: Definition and Scope
Section 1: Special education refers to the education of persons who are gifted
or talented and those who have physical, mental, social or sensory impairment
and cultural differences so as to require modifications of the school curricula,
programs and special services and physical facilities to develop them to their
maximum capacity. These persons may be gifted/talented, fast learner,
mentally retarded, visually impaired, hearing impaired, with behavior
problems, orthopedically handicapped, with special health problems, learning
disabled, speech impaired or multiply handicapped.
Section2: These policies and guidelines shall apply to all schools, centers and
classes (national or local, public or private, formal or non-formal) established
under the educational system of the Philippines for the education of children
with special needs.
Article 3: Identification, Screening, Assessment and Evaluation of
Children
Section 1: Identification, screening, assessment and evaluation of children with
special needs shall be conducted by the school and the community utilizing
appropriate assessment instruments

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 1.1 Identification and assessment of every child shall be conducted as
early as possible.

1.2 The team approach shall be used in the identification and assessment
procedures. The team shall be composed of persons with working
knowledge and understanding of children with special needs, such as the
following:
1.2.1 parents/guardians/extended families, neighbors and
friends
1.2.2 Regular Teachers
1.2.3 Special Education Teachers
1.2.4 Guidance Counselors
1.2.5 School Administrators
1.2.6 Health Workers
1.2.7 Social Workers
1.2.8 Psychologists
1.2.9 Speech and Physical Therapists
1.2.10 Law Enforcement Officers
1.2.11 Probation Officers

1.4 Appropriate assessment instruments shall be developed or adopted

in order to identify handicapping conditions as early as possible.

1.5 Identification and assessment of children with special needs shall be

a continuing process

1.6 The synthesis of identification and diagnostic information shall be

the basis for the appropriate educational placement of the child with
special needs.

Article 4. School Admission and Organization of Classes

Section 1: Children with special needs shall enjoy equality of access to formal
and non-formal education.
1.1 Educational help for the handicapped child shall be made available
as early as possible.
1.2 Every school division shall organize special classes and provide
special services for children with special needs. (PD 603)

1.3 All schools at the preschool, elementary, secondary and tertiary

levels shall admit children and youth with special needs.

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 1.4 Preschool education and post-secondary education for technical and
vocational courses shall be salient features of the formal education of
children with special needs.

1.5 The school entrance age of a child with special needs to formal
academic instruction shall follow the current regulation of the Ministry
of Education, Culture and Sports. He may be admitted any time during
the year, if circumstances warrant such admission. No age requirement
or time limitation shall be imposed for attendance to non-formal
education programs.

1.6 Only persons with special needs shall be eligible for enrolment in
special schools.

1.7 Special educational provisions shall be made in hospital schools

during treatment periods of handicapped children

1.8 An assessment test to determine proper grade placement shall

be administered to special students who cannot present school
credentials. Their admission shall be subject to the approval of the
regional director.
1.9 Over-aged students assessed by the Philippine Educational
Placement Test but found deficient in communication and other skills,
shall be admitted provided that they shall undergo remedial instruction
in the areas of deficiency.

1.10 Admission requirements for regular students taking degree courses

at the tertiary level shall apply to students with special needs.

1.11 Adaptation in the administration of college entrance tests and

other examinations given by the Ministry of Education, Culture
and Sports and other agencies shall be provided to meet the needs
of special students.
Section 3: Promotion of children with special needs shall follow the promotion
policy for the regular grades
3.1 The promotion from grade to grade or from level to level shall
follow the promotion policy for the regular grades.
3.2 The following modifications shall be made for special learners.
3.2.1 Promotion Scheme for Gifted/Talented/Fast Learners
3.2.1.1Yearly progression
3.2.1.2Acceleration
3.2.1.3Finishing the last three grades in the elementary
grades in 2 years

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 3.2.1.4Advanced placement
3.2.2 The levels of instruction for the mentally retarded shall
be as follows:
3.2.2.1 Preschool
3.2.2.2 Lower Primary
3.2.2.3 Upper Primary
3.2.2.4 Intermediate
3.2.2.5 Advanced
3.2.2.6 Post-Secondary
3.2.3 For the multiply handicapped, individualized promotion
shall be adopted on a case to case basis.
Article 5: Curriculum Content, Instructional Strategies and Materials
Section 1: Curriculum Content, Instructional Strategies and Materials
1.1 The following schemes or options may be adopted for Special
Education Programs
1.1.1 Regular curriculum - the curriculum prescribed for regular
children.
1.1.2 Modified curriculum - the curriculum prescribed for
regular children with certain adaptations to meet the needs of
special children.
1.1.3 Special curriculum - the curriculum for children with
special needs aimed primarily at developing special adoptive skills
to maximize their potentials.

1.2 Curriculum plans shall be research-based, tested successfully on a

pilot basis before their implementation on a bigger scale, and evaluated
periodically. These plans shall be accompanied by a variety of
instructional materials.

1.3 The modified curriculum for the visually impaired shall include
sensory training, special instruction in Braille reading and writing,
mathematics, orientation and mobility, Braille music, and typing.

1.4 The modified curriculum for the hearing impaired shall emphasize
communication and language development based on the philosophy of
Total Communication which is tailored to meet the individual child's
communication, and educational needs. The curriculum, in addition,
shall include special instruction in speech and speech reading, auditory
training and rhythm. The multi-sensory approach shall be maximized
and speech/speech reading and sign language shall be encouraged
starting in Grade I.

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 @ 1.4.1 Pilipino Sign Language shall be used in the education
of the hearing impaired.
1.5 The modified curriculum for children with behavior problems shall
include special activities and instructional techniques for the
normalization of behavior with emphasis on moral, civic and spiritual
values as well as training in livelihood, and technical and academic
skills to prepare them for the world of work

1.6 The curriculum for the physically handicapped child shall include
functional exercises.

1.7 The special curriculum for the mentally retarded shall emphasize
training in self-care, socialization, motor and pre- vocational and
vocational skills. For the more severely retarded child, emphasis shall
be on development of self-care skills.

1.8 Teaching strategies shall be creative and multi-dimensional. They

shall make maximum use of all remaining sense modalities and provide
for active participation in the learning process.

1.9 All special schools shall strengthen their vocational and technical
training programs. Arrangements shall be made to enable the child with
special needs to attend special courses offered in the regular vocational
schools whenever practical.

1.10 A community-based, home-based or any useful alternative

special education delivery system shall be established to reach
those who cannot avail of regular institution-based programs
1.11 Effective guidance and counseling programs shall be developed
and maintained.
Section 2: Instructional Materials
2.1 Low cost and indigenous materials shall be developed for the use of
children with special needs.
Article 6: Organization Patterns
Section 1: Children with special needs shall be provided with a variety of
educational patterns and services.

1.1 The assessed needs of each child shall be the primary

consideration in determining his particular program and services.
1.2 Programs may be organized in a variety of settings, namely:

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 @ 1.2.1 Integration/Mainstreaming. This refers to the enrolment of a
child with special needs in a regular school with additional
teaching/care resources.
@ 1.2.2 Resource Room Plan. Under this scheme, the child
with special needs is enrolled in the regular school program
but goes to a resource room to use the specialized equipment
either in a tutorial situation or in a small group.
@ 1.2.3 Itinerant Teacher Plan. Under this plan, an itinerant or
traveling teacher serves one or more regular schools
depending on how many pupils need special help.
@ 1.2.4 Cooperative Class Plan (Part-Time Special Class Plan).
In this plan, the child with special needs is enrolled in a
special class but receives some of his academic instruction
in the regular grades. In this way, the child is, to a varying
extent, integrated into regular education.
@ 1.2.5 Special Class Plan (Self-Contained/Segregated Plan).
Under this plan, usually, pupils with only one type of
exceptionality label are enrolled in the special class. This
plan is needed for those with more severe problems which
make it impossible for them to learn in a regular classroom
setting. At times, they may be with their normal peers, but
not usually in an academic situation.
@ 1.2.6 Special Education Center. A growing alternative service
delivery system is the Special Education Center which holds
classes for children with special needs within the regular school.
Itinerant, resource room services, special and cooperative classes
are held in the special education center.
@ 1.2.7 Special Day School. This type of school serves specific
types of children with moderate to severe disabilities. It offers a
range of trained special educators and a comprehensive array of
medical, psychological and social services.
@ 1.2.8 Residential School. The reason for placing a child in a
residential school is based on the premise that he can make
greater progress in such setting than in any other.
@ 1.2.9 Hospital Instruction. Provision of children confined to
hospitals, sanatoria, and convalescent homes is a service of
special education. The types of children in need of hospital
instruction are the severely emotionally disturbed, the profoundly
retarded who are bedbound, the crippled, those with chronic

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 and/or serious health disabilities, and recovering patients. Both
bedside tutoring and group instruction are made available to the
above.
@ 1.2.10 Homebound Instruction. This plan is provided by the local
school system to serve the chronically ill, usually the bedridden,
the convalescents from operation, accident or temporary illness,
the disturbed, and the retarded pupils.
@ 1.2.11 Community-based Delivery System. This is a plan for
children with special needs who reside in distant communities
and cannot avail of existing special education programs. They are
reached by teachers, para-teachers or volunteers trained to teach
the basic 3Rs and self-help activities to prepare them for useful
and independent living.

1.3 A combination of plans may be considered where special

children are not concentrated in a particular geographic area;
where there are not enough children to justify employing more
than one teacher or where the spread is great; and/or where a
variety of services is not feasible.
1.4 Appropriate referral system shall be established if the result of an
assessment merits residential school placement, e.g., for the child who
lives too far from existing special education services. Otherwise,
homebound instruction shall be provided.

1.5 Special supportive services like readers, interpreters, note-

takers, and others shall be provided when necessary.
1.6 Special programs for the gifted, talented and creative shall be
developed and maintained.
@ 1.6.1 Special provisions for the gifted, talented and creative may
take the following prototypes, singly or in combination:

1.6.1.1. Grouping clustering of small groups from different

sections to be placed with a teacher who can modify the
curriculum to suit the gifted as in seminars, mini courses,
a library period a week, etc.
1.6.1.2 Vertical Acceleration - early school admission,
double grade promotion, advanced placement, tutoring;
correspondence courses; independent study, acceleration
by grade skipping or time compression.

1.6.1.3 Horizontal Acceleration mentorship wherein

gifted students are paired with adults who serve as

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 their mentors in a subject of mutual interest;
individual or group research projects; honors classes;
a core or block program for the integration of ideas
from two or more subjects.
1.6.1.4 Guidance - individual conferences;
communitysponsored programs; scholarship societies;
career and vocational counseling; peer facilitator.

Section 2: The goal of special education shall be integration or mainstreaming

of children with special needs

Article 7: School Plant Facilities

Section 1: Adequate physical facilities and equipment shall be provided to
assure quality education for all children with special needs.
Section 2: Buildings and facilities shall be made accessible to persons with
special needs.
• 2.1 Steps shall be taken to remove architectural barriers to and
within buildings (walkways, corridors, doors, washrooms and
toilets) to enhance mobility of disabled persons.

Article 8: Personnel Recruitment, Welfare and Development

Section 1: For the effective implementation of the special education program,
the education, welfare and training of personnel shall be given high priority.
Article 9: Administration and Supervision
Section 1: The Ministry of Education, Culture and Sports shall have overall
responsibility for the administration and supervision of special education in the
country.
Section 2: The Regional and Division Offices shall have the primary
responsibility for the initiation and implementation of programs for
children with special needs. The education of these children is the
responsibility of the total school system. The overall effectiveness of the
program Mill depend largely upon the leadership and cooperation of the
regional/division promotional and administrative staff and teachers
Section 3: Teacher Responsibilities. It is important to the effective functioning
of a school program for children with special needs to have full cooperation of
all teachers in the school.

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Article 10: Evaluation of Programs and Services
Section 1: The Ministry of Education, Culture and Sports shall develop and
implement a system of evaluating special education programs and services
Section 2: The government shall provide through legislation, incentives for
individuals, governmental and non-governmental entities and agencies engaged
in special education and as:
2.1 franking privilege
2.2 tax exemption
2.3 tax reduction
2.4 educational grants or scholarships and fellowships
2.5 loans from government financial institutions
Section 3: Government assistance in job placement for beneficiaries of the
special education program shall be provided by:
3.1 allocating positions in government offices for them
3.2 creating positions for them through the establishment of skills
training centers (farmer's handicraft, etc.)
Article 11: Research and Special Studies
Section 1: Research relevant to the education of children with special needs
shall be conducted to provide empirical basis for the improvement of
instruction at all levels.
• 1.1 Research on the theory and practice of special education in the
country and abroad should be given equal opportunity
Article 12: Parent Education and Community Involvement
Section 1: Parents of children with special needs are valuable members of
the educational team in the program of rehabilitation for independent
living of their children.
Article 13: Linkages
Section 1: Linkages with government and non-government organizations shall
be established, maintained and expanded.
Article 14: Public Information, Education and Communication
Section 1: A nationwide information dissemination campaign on the
prevention, early identification and intervention of children with special needs
shall be intensified.

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Article 15: Funding
Section 1: The cost of educating children with special needs shall be borne by
the national and local governments

Article 16: Policy Support Legislation

Section 1: Legislative measures to strengthen the special education program
shall be passed. These shall be geared towards:

1.1 Maximization of (1) teacher salaries and other benefits, and (2)
opportunities for professional growth.
1.2 Provision of sufficient appropriation for continuing research,
establishment of diagnostic centers, facilities and supplies, etc.

1.3 Greater family and community involvement.

1.4 Establishment of special day and residential schools.

Article 17: Special Provisions

Section 1: Special schools shall provide the following levels of instruction by
themselves or in consortia with other institutions:

Preschool
Elementary
Secondary

Continuing education for technical and vocational training if faculty and

facilities are available and upon approval by proper authorities. Short term
courses only.
Tertiary level
Graduate level
Section 2: Special schools shall serve in a variety of alternative settings which
may be one or more of the following:
- Residential school
- Day school
— - Hospital school
- Homebound instruction
Rehabilitation Center (also for drug dependents and juvenile
delinquents)

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 Section 3: Special schools shall expand their role from being primarily an
educational institution to that of a resource development and service center for
the special education program in the community.
Section 4: Criteria for admission to a government dormitory for children with
special needs shall take into account the following factors:
- Age (at least 5 years old)
- Good health (as certified by a government physician) - Financial
status (preferably those with low family income as shown in the family
income tax returns)
— - Distance of residence from school (inaccessible by transportation or
travel is risky for the pupil)
Section 5: The quality of instruction in special schools shall equal or be
better than that of the general school system, and closely linked to it.
Article 18: Special Provisions
Amendment Clause:
Any revision or amendment of these policies and guidelines to be made by the
implementing offices shall be referred to the respective Divisions which shall in
turn recommend its promulgation to the Minister of Education, Culture and Sports.

Article 19: Effectivity

@ These policies and guidelines shall take effect immediately
upon its approval by the Minister of Education, Culture and
Sports.
ACTIVITY No. 3.1: SYNTHESIGHTS (Synthesizing
Insights) Directions: Elaborate further the statement below
as excerpt from the Policies and Guidelines of SPEd in the
Philippines. Write your answer in the box provided below.

Excerpt from Article 1. The State shall promote the right of every individual to
relevant quality education regardless of sex, age, breed, socio-economic status,
physical and mental condition, social or ethnic origin, political and other
qffiliation.

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EDUC. 7 Foundation ofSpecial and Inclusive Education

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EDUC. 7 Foundation ofSpecial and Inclusive Education

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 The Individuals with Disabilities Education Act (IDEA) is a law that makes
available a free appropriate public education to eligible children with disabilities
throughout the nation and ensures special education and related services to those
children.

Intended Learning Outcomes (ILOs):

After studying this lesson, you should be able to:
• Define the Individuals with Disabilities Education Act (IDEA) of 2004.
• Classify the policies in IDEA.
• Value the importance of this law to the society specifically to the disable
person.

Levy Study.
The IDEA governs how states and public agencies provide early intervention, special
education, and related services to more than 6.5 million eligible infants, toddlers,
children, and youth with disabilities.
Infants and toddlers, birth through age 2, with disabilities and their families
receive early intervention services under IDEA Part C. Children and youth ages
3 through 21 receive special education and related services under IDEA Part B.

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Additionally, the IDEA authorizes:

• Formula grants to states to support special education and related services

and early intervention services.

• Discretionary grants to state educational agencies, institutions of higher

education, and other nonprofit organizations to support research,
demonstrations, technical assistance and dissemination, technology
development, personnel preparation and development, and parent-
training and -information centers.
Congress reauthorized the IDEA in 2004 and most recently amended the IDEA
through Public Law 114-95, Every Student Succeeds Act, in December 2015.

In the law, Congress states:

"Disability is a natural part of the human experience and in no way

diminishes the right of individuals to participate in or contribute to
society. Improving educational results for children with disabilities is
an essential element of our national policy of ensuring equality of
opportunity, full participation, independent living, and economic
selfsufficiency for individuals with disabilities.
The stated purpose of the IDEA is:

• to ensure that all children with disabilities have available to them a free
appropriate public education that emphasizes special education and related
services designed to meet their unique needs and prepare them for further
education, employment, and independent living;
• to ensure that the rights of children with disabilities and parents of such
children are protected;
• to assist States, localities, educational service agencies, and Federal agencies to
provide for the education of all children with disabilities;

• to assist States in the implementation of a statewide, comprehensive,

coordinated, multidisciplinary, interagency system of early intervention
services for infants and toddlers with disabilities and their families;

• to ensure that educators and parents have the necessary tools to improve
educational results for children with disabilities by supporting system
improvement activities; coordinated research and personnel preparation;

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 coordinated technical assistance, dissemination, and support; and technology
development and media services;

• to assess, and ensure the effectiveness of, efforts to educate children with
disabilities.

Statute
The Individuals with Disabilities Education Act (IDEA) is a law, or statute,
authorizing:

1. formula grants to states

2. discretionary grants to state educational agencies, institutions of higher
education, and other non-profit organizations

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 ACTIVITYNO. 4.1: WHAT'S YOUR IDEA?
Act

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 ACTIVITY NO. 4.2: ESSAY
Direction: Answer the following question.

2. How does the law helps the disabled person?

3. Classify the rules and regulation of IDEA law.

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 Learning Knows No Bound’s
Photo credit https: sites. google com"site'iporland021S47S/

Before 1975, public schools had few obligations to children with disabilities.
The vast majority of children, especially those with severe disabilities, were kept out
of the public schools and even those who did attend were largely segregated from
their non-disabled peers. However, in 1975 this changed with the passage of The
Education for All Handicapped Children Act (P.L. 94-142), which required all schools
receiving federal funding to provide handicapped children equal access to education
and mandated that they be placed in the least restrictive educational environment
possible.

Intended Learning Outcomes (ILOs):

After studying this lesson, you should be able to:
• Determine the purpose of Education for all Handicapped Children Act.
• Identify the rules and regulation of the law.
• Appreciate the significant role of this law to the children facing with disability.

Levy Study
The Education for All Handicapped Children Act (sometimes referred to using
the acronyms EAHCA or EHA, or Public Law (PL) 94-142) was enacted by the
United States Congress in 1975. This act required all public schools accepting federal
funds to provide equal access to education for children with physical and mental
disabilities. Public schools were required to evaluate children with disabilities and
create an educational plan with parent input that would emulate as closely as possible

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the educational experience of non-disabled students. The act was an amendment to
Part B of the Education of the Handicapped Act enacted in 1966.
The act also required that school districts provide administrative procedures so that
parents of disabled children could dispute decisions made about their children's
education. Once the administrative efforts were exhausted, parents were then
authorized to seek judicial review of the administration's decision. Prior to the
enactment of EHA, parents could take their disputes straight to the judiciary under the
Rehabilitation Act of 1973. The mandatory system of dispute resolution created by
EHA was an effort to alleviate the financial burden created by litigation pursuant to
the Rehabilitation Act.
PL 94-142 also contains a provision that disabled students should be placed in
the least restrictive environment-one that allows the maximum possible
opportunity to interact with non-impaired students. Separate schooling may
only occur when the nature or severity of the disability is such that instructional
goals cannot be achieved in the regular classroom. Finally, the law contains a
due process clause that guarantees an impartial hearing to resolve conflicts
between the parents of disabled children to the school system.
The law was passed to meet four huge goals:

1. To ensure that special education services are available to children who need
them
2. To guarantee that decisions about services to students with disabilities are
fair and appropriate
3. To establish specific management and auditing requirements for special
education
4. To provide federal funds to help the states educate students with disabilities
EHA was revised and renamed as Individuals with Disabilities Education Act in 1990
for improvement of special education and inclusive education.
Activity no. 5.1: TELL ME MORE'.

Directions: What can you say about the Education for All
Handicapped Children Act? Write it in the blank circle.

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 ACTIVITY NO. 5.2: ESSAY
Direction: Answer the following questions.

l. What is the purpose of Education for All Handicapped Children Act?

2. Does the Education for All Handicapped Children Act important in the society?

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3. Give your own concept about the Education for All Handicapped Children Act as a
teacher.

Zeuoø 6: TRA 7277 - Magna Carta for Disabled Persons

'Everyone is unique; no two persons are the same, hence, respect individual
differences."
- Castor V. Balacuit, Jr.

Students with learning disabilities have average to above average

intelligence and potential but experience difficulty processing information that
affects learning. Although they may experience unexpected academic
underachievement compared to their intellectual ability, they can still
experience academic success. Learning disabilities affect the cognitive
processes related to learning and are thought to be due to variations in brain
structure and function. The learning difficulties experienced cannot be
explained on the basis of other diagnosed disabilities or environmental
influences. However, they are still human; must be treated as human. Hence,
the Magna Carta for Disabled Persons shall be thoroughly studied to
understand the rights of persons with disability/ies.

Intended Learning Outcomes (ILOs):

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 After studying this lesson, you should be able to:
Awareness on the Magna Carta for disabled person;
Distinguish the Rights and Privileges of Disabled Persons as
stipulated in RA 7277; and
Internalize the role of teacher in the life of learners with special
educational needs.
Levy Study
REPUBLIC ACT NO. 7277

AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND

SELF-RELIANCE OF DISABLED PERSONS AND THEIR INTEGRATION INTO THE MAINSTREAM OF
SOCIETY AND FOR OTHER PURPOSES.

TITLE 1 GENERAL PROVISIONS

CHAPTER 1 BASIC PRINCIPLE
Section 1. Title. This Act shall be known and cited as the "Magna Carta for Disabled Persons." Sec.
2. Declaration of Policy The grant of the rights and privileges for disabled persons shall be guided by
the following principles:
(a) Disabled persons are part of Philippine society, thus the State shall give full support to the
improvement of the total well-being of disabled persons and their integration into the mainstream of
society. Toward this end, the State shall adopt policies ensuring the rehabilitation, self-development
and self-reliance of disabled persons. It shall develop their skills and potentials to enable them to
compete favorably for available opportunities.

(b) Disabled persons have the same rights as other people to take their proper place in society.
They should be able to live freely and as independently as possible. This must be the concern of
everyone the family, community and all government and nongovernment organizations. Disabled
persons' rights must never be perceived as welfare services by the Government.

(c) The rehabilitation of the disabled persons shall be the concern of the Government in order to
foster their capacity to attain a more meaningful, productive and satisfying life. To reach out to a
greater number of disabled persons, the rehabilitation services and benefits shall be expanded beyond
the traditional urban-based centers to community based programs that will ensure full participation
of different sectors as supported by national and local government agencies.

(d) The State also recognizes the role of the private sector in promoting the welfare of disabled
persons and shall encourage partnership in programs that address their needs and concerns.

(e) To facilitate integration of disabled persons into the mainstream of society, the State shall
advocate for and encourage respect for disabled persons. The State shall exert all efforts to remove
all social, cultural, economic, environmental and attitudinal barriers that are prejudicial to disabled
persons.

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Sec. 3. Coverage. This Act shall cover all disabled persons and, to the extent herein provided,
departments, offices and agencies of the National Government or nongovernment organizations
involved in the attainment of the objectives of this Act.

Sec. 4. Definition of Terms. For purposes of this Act, these terms are defined as follows:

(a) Disabled persons are those suffering from restriction or different abilities, as a result of a
mental, physical or sensory impairment, to perform an activity in the manner or within the range
considered normal for a human being;

(b) Impairment is any loss, diminution or aberration of psychological, physiological, or

anatomical structure or function;

(c) Disability shall mean l) 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; or 3) being regarded as having such an impairment;

(d) 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 and
sex of the individual;

(e) Rehabilitation is an integrated approach to physical, social, cultural, spiritual, educational and
vocational measures that create conditions for the individual to attain the highest possible level of
ftnctional ability;

(f) Social Barriers refer to the characteristics of institutions, whether legal, economic, cultural,
recreational or other, any human group, community, or society which limits the fullest possible
participation of disabled persons in the life of the group. Social barriers include negative attitudes
which tend to single out and exclude disabled persons and which distort roles and inter-personal
relationships;

(g) Auxiliary Aids and Services include: (l) qualified interpreters or other effective methods of
delivering materials to individuals with hearing impairments; (2) qualified readers, taped tests, or
other effective methods of delivering materials to individuals with visual impairments; (3)
acquisition or modification of equipment or devices; and (4) other similar services and actions or all
types of aids and services that facilitate the learning process of people with mental disability.

(h) Reasonable Accommodation include l) improvement of existing facilities used by employees

in order to render these readily accessible to and usable by disabled persons; and 2) modification of
work schedules, reassignment to a vacant position, acquisition or modification of equipment or
devices, appropriate adjustments or modifications of examinations, training materials or company
policies, rules and regulations, the provision of auxiliary aids and services, and other similar
accommodations for disabled persons;

(i) Sheltered Employment refers to the provision of productive work for disabled persons
through workshops providing special facilities, income-producing projects or homework schemes
with a view to giving them the opportunity to earn a living thus enabling them to acquire a working
capacity required in open industry;

(j) Auxiliary Social Services are the supportive activities in the delivery of social services to the
marginalized sectors of society;

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(k) Marginalized Disabled Persons refer to disabled persons who lack access to rehabilitative
services and opportunities to be able to participate fully in socioeconomic activities and who have no
means of livelihood and whose incomes fall below the poverty threshold;

(l) Qualified Individual with a Disability shall mean an individual with a disability who, with or
without reasonable accommodations, can perform the essential functions of the employment position
that such individual holds or desires. However, consideration shall be given to the employer's
judgment as to what functions of a job are essential, and if an employer has prepared a written
description before advertising or interviewing applicants for the job, this description shall be
considered evidence of the essential functions of the job;

(m) Readily Achievable means a goal can be easily attained and carried out without much
difficulty or expense. In determining whether an action is readily achievable, factors to be considered
include (l) the nature and cost of the action; (2) the overall financial resources of the facility or
facilities involved in the action; the number of persons employed at such facility; the effect on
expenses and resources, or the impact otherwise of such action upon the operation of the facility; (3)
the overall financial resources of the covered entity with respect to the number of its employees; the
number, type and location of its facilities; and (4) the type of operation or operations of the covered
entity, including the composition, structure and functions of the work force of such entity; the
geographic separateness, administrative or fiscal relationship of the facility or facilities in question to
the covered entity.

(n) Public Transportation means transportation by air, land and sea that provides the public with
general or special service on a regular and continuing basis;

(o) Covered Entity means an employer, employment agency, labor organization or jointlabor
management committee; and

(p) Commerce shall be taken to mean as travel, trade, traffic, commerce, transportation, or
communication among the provinces or between any foreign country or any territory or possession
and any province.

TITLE 11 RIGHTS AND PRIVILEGES OF DISABLED PERSONS

CHAPTER 1 EMPLOYMENT
Sec. 5. Equal Opportunity for Employment. No disable person shall be denied access to
opportunities for suitable employment. A qualified disabled employee shall be subject to the same
terms and conditions of employment and the same compensation, privileges, benefits, fringe
benefits, incentives or allowances as a qualified able bodied person.

Five percent (5%) of all casual emergency and contractual positions in the Departments of Social
Welfare and Development; Health; Education, Culture and Sports; and other government agencies,
offices or corporations engaged in social development shall be reserved for disabled persons.

Sec. 6. Sheltered Employment If suitable employment for disabled persons cannot be found through
open employment as provided in the immediately preceding Section, the State shall endeavor to
provide it by means of sheltered employment. In the placement of disabled persons in sheltered
employment, it shall accord due regard to the individual qualities, vocational goals and inclinations
to ensure a good working atmosphere and efficient production.

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Sec. 7. Apprenticeship. Subject to the provisions of the Labor Code as amended, disabled persons
shall be eligible as apprentices or learners: Provided, That their handicap is not as much as to
effectively impede the performance of job operations in the particular occupation for which they are
hired; Provided, further, That after the lapse of the period of apprenticeship, if found satisfactory in
the job performance, they shall be eligible for employment.

Sec. 8. Incentives for Employers. (a) To encourage the active participation of the private sector in
promoting the welfare of disabled persons and to ensure gainful employment for qualified disabled
persons, adequate incentives shall be provided to private entities which employ disabled persons.

(b) Private entities that employ disabled persons who meet the required skills or qualifications,
either as regular employee, apprentice or learner, shall be entitled to an additional deduction, from
their gross income, equivalent to twenty-five percent (25%) of the total amount paid as salaries and
wages to disabled persons: Provided, however, That such entities present proof as certified by the
Department of Labor and Employment that disabled persons are under their employ: Provided,
further, That the disabled employee is accredited with the Department of Labor and Employment and
the Department of Health as to his disability, skills and qualifications.

(c) Private entities that improve or modify their physical facilities in order to provide reasonable
accommodation for disabled persons shall also be entitled to an additional deduction from their net
taxable income, equivalent to fifty percent (50%) of the direct costs of the improvements or
modifications. This Section, however, does not apply to improvements or modifications of facilities
required under Batas Pambansa Bilang 344.

Sec. 9. Vocational Rehabilitation. Consistent with the principle of equal opportunity for disabled
workers and workers in general, the State shall take appropriate vocational rehabilitation measures
that shall serve to develop the skills and potentials of disabled persons and enable them to compete
favorably for available productive and remunerative employment opportunities in the labor market.
The State shall also take measures to ensure the provision of vocational rehabilitation and livelihood
services for disabled persons in the rural areas. In addition, it shall promote cooperation and
coordination between the government and nongovernmental organizations and other private entities
engaged in vocational rehabilitation activities. The Department of Social Welfare and Development
shall design and implement training programs that will provide disabled persons with vocational
skills to enable them to engage in livelihood activities or obtain gainful employment. The
Department of Labor and Employment shall likewise design and conduct training programs geared
towards providing disabled persons with skills for livelihood.

Sec. 10. Vocational Guidance and Counseling. The Department of Social and Welfare and
Development, shall implement measures providing and evaluating vocational guidance and
counseling to enable disabled persons to secure, retain and advance in employment. It shall ensure
the availability and training of counselors and other suitably qualified staff responsible for the
vocational guidance and counseling of disabled persons.

Sec. 11. Implementing Rules and Regulations. The Department of Labor and Employment shall in
coordination with the Department of Social Welfare and Development (DSWD) and National
Council for the Welfare of the Disabled Persons (NCWDP) shall promulgate the rules and
regulations necessary to implement the provisions under this Chapter.

CHAPTER 11 EDUCATION

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Sec. 12. Access to Quality Education. The State shall ensure that disabled persons are provided with
access to quality education and ample opportunities to develop their skills. It shall take appropriate
steps to make such education accessible to all disabled persons. It shall be unlawful for any learning
institution to deny a disabled person admission to any course it offers by reason of handicap or
disability. The State shall take into consideration the special requirements of disabled persons in the
formulation of educational policies and programs. It shall encourage learning institutions to take into
account the special needs of disabled persons with respect to the use of school facilities, class
schedules, physical education requirements, and other pertinent consideration. The State shall also
promote the provision by learning institutions, especially higher learning institutions of auxiliary
services that will facilitate the learning process for disabled persons.

Sec. 13. Assistance to Disabled Students. The State shall provide financial assistance to
economically marginalized but deserving disabled students pursuing post-secondary or tertiary
education. Such assistance may be in the form of scholarship grants, student loan programs,
subsidies, and other incentives to qualified disabled students in both public and private schools. At
least five percent (5%) of the allocation for the Private Education Student Financial Assistance
Program created by virtue of R.A. 6725 shall be set aside for disabled students pursuing vocational
or technical and degree courses.

Sec. 14. Special Education. The State shall establish, maintain and support complete, adequate and
integrated system of special education for the visually impaired, hearing impaired, mentally retarded
persons and other types of exceptional children in all regions of the country. Toward this end, the
Department of Education, Culture and Sports shall establish special education classes in public
schools in cities, or municipalities. It shall also establish, where viable, Braille and Record Libraries
in provinces, cities or municipalities. The National Government shall allocate funds necessary for the
effective implementation of the special education program nationwide. Local government units may
likewise appropriate counterpart funds to supplement national ftnds.

Sec. 15. Vocational or Technical and Other Training Programs. The State shall provide disabled
persons with training in civics, vocational efficiency, sports and physical fitness, and other skills. The
Department of Education, Culture and Sports shall establish in at least one governmentowned
vocational and technical school in every province a special vocational and technical training program
for disabled persons. It shall develop and implement sports and physical fitness programs
specifically designed for disabled persons taking into consideration the nature of their handicap.

Sec. 16. Non-Fonnal Education. The State shall develop non-formal education programs intended for
the total human development of disabled persons. It shall provide adequate resources for non-formal
education programs and projects that cater to the special needs of disabled persons.

Sec. 17. State Universities and Colleges. If viable and needed, the State University or State College
in each region or province shall be responsible for (a) the development of material appliances and
technical aids for disabled persons; (b) the development of training materials for vocational
rehabilitation and special education instructions; (c) the research on special problems, particularly of
the visually-impaired, hearing-impaired, speech-impaired, and orthopedicallyimpaired students,
mentally retarded, and multi-handicapped and others, and the elimination of social barriers and
discrimination against disabled persons; and (d) inclusion of the Special Education for Disabled
(SPED) course in the curriculum.

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The National Government shall provide these state universities and colleges with necessary special
facilities for visually-impaired, hearing-impaired, speech-impaired, and orthopedically-impaired
students. It shall likewise allocate the necessary funds in support of the above.

CHAPTER 111 HEALTH

Sec. 18. National Health Program. The Department of Health in coordination with the National
Council for the Welfare of Disabled Persons, shall institute a national health program which shall
aim to attain the following: (a) prevention of disability, whether occurring prenatally or postnatally;
(b) recognition and early diagnosis of disability; and (c) early rehabilitation of the disabled.

Sec. 19. Rehabilitation Centers. The Department of Health shall establish medical rehabilitation
centers in government provincial hospitals, and shall include in its annual appropriation the
necessary ftnds for the operation of such centers. The Department of Health shall formulate and
implement a program to enable marginalized disabled persons to avail of free rehabilitation services
in government hospitals.

Sec. 20. Health Services. The State shall protect and promote the right to health of disabled persons
and shall adopt an integrated and comprehensive approach to their health development which shall
make essential health services available to them at affordable cost. The National Government shall
provide an integrated health service for disabled persons which shall include, but not limited to, the
following:

(a) prevention of disability through immunization, nutrition, environmental protection and

preservation, and genetic counseling; and early detection of disability and timely intervention to
arrest disabling condition; and
(b) (b) medical treatment and rehabilitation. The Department of Health shall field medical personnel
specializing in the treatment and rehabilitation of disabled persons to provincial hospitals and,
when viable, to municipal health centers. It shall also train its field health personnel in the
provision of medical attention to disabled persons. It shall further ensure that its field health units
have the necessary capabilities to fit prosthetic and orthotic appliances on disabled persons.

CHAPTER IV AUXILIARY SOCIAL SERVICES

Sec. 21. Auxiliary Social Services. The State shall ensure that marginalized persons are provided
with the necessary auxiliary services that will restore their social functioning and participation in
community affairs. Towards this end, the Department of Social Welfare and Development shall
develop and implement programs on auxiliary social services that respond to the needs of
marginalized disabled persons. The components of such a program shall be as follows:

(a) assistance in the acquisition of prosthetic devices and medical intervention of specialty
services;

(b) provision of specialized training activities designed to improve ftnctional limitations of

disabled persons related to communication skills;

(c) development among disabled persons of a positive self-image through the provision of
counseling, orientation and mobility and strengthening daily living capability;

(d) provision of family care services geared towards developing the capability of families to
respond to the needs of the disabled members of the family;

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(e) provision of substitute family care services and the facilities therefor for abandoned,
neglected, abused and unattached disabled persons who need custodial care;

(f) provision of after care and follow-up services for the continued rehabilitation in a
communitybased setting of disabled persons who were released from residential care or
rehabilitation centers; and

(g) provision of day care services for disabled children of pre-school age.

CHAPTER V TELECOMMUNICATIONS
Sec. 22. Broadcast Media. Television stations shall be encouraged to provide a sign language inset or
subtitles in at least one (l) newscast program a day and special programs covering events of national
significance.

Sec. 23. Telephone Services. All telephone companies shall be encouraged to install special
telephone devices or units for the hearing-impaired and ensure that they are commercially available
to enable them to communicate through the telephone system.

Sec. 24. Free Postal Charges for the Disabled. Postal charges shall be free on the following: (a)
articles and literatures like books and periodicals, orthopedic and other devices, and teaching aids for
the use of the disabled sent by mail within the Philippines and abroad; and (b) aids and orthopedic
devices for the disabled sent by abroad by mail for repair: Provided, That the aforesaid items are for
personal purposes only: Provided, further, That the disabled person is a marginalized disabled as
certified by the Social Welfare and Development Office of the local government unit concerned or
the Department of Social Welfare and Development.

CHAPTER VI ACCESSIBILITY
Sec. 25. Barrier-Free Environment. The State shall ensure the attainment of a barrier-free
environment that will enable disabled persons to have access in public and private buildings and
establishments and such other places mentioned in Batas Pambansa Bilang 344, otherwise known as
the "Accessibility Law". The national and local governments shall allocate funds for the provision of
architectural facilities or structural features for disabled persons in government buildings and
facilities.

Sec. 26. Mobility. The State shall promote the mobility of disabled persons. Disabled persons shall
be allowed to drive motor vehicles, subject to the rules and regulations issued by the Land
Transportation Office pertinent to the nature of their disability and the appropriate adaptations or
modifications made on such vehicles.

Sec. 27. Access to Public Transport Facilities. The Department of Social Welfare and Development
shall develop a program to assist marginalized disabled persons gain access in the use of public
transport facilities. Such assistance may be in the form of subsidized transportation fare. The said
department shall also allocate such funds as may be necessary for the effective implementation of the
public transport program for the disabled persons. The "Accessibility Law", as amended, shall be
made suppletory to this Act.

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Sec. 28. Implementing Rules and Regulations. The Department of Transportation and
Communications shall formulate the rules and regulations necessary to implement the provisions of
this Chapter.

CHAPTER Vll POLITICAL AND CIVIL RIGHTS

Sec. 29. System of Voting. Disabled persons shall be allowed to be assisted by a person of his choice
in voting in the national or local elections. The person thus chosen shall prepare the ballot for the
disabled voter inside the voting booth. The person assisting shall bind himself in a formal document
under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to
reveal the contents of the ballot prepared by him. Violation of this provision shall constitute an
election offense. Polling places should be made accessible to disabled persons during national or
local elections.

Sec. 30. Right to Assemble. Consistent with the provisions of the Constitution, the State shall
recognize the right of disabled persons to participate in processions, rallies, parades, demonstrations,
public meetings, and assemblages or other forms of mass or concerned action held in public.

Sec. 31. Right to Organize. The State recognizes the right of disabled persons to form organizations
or associations that promote their welfare and advance or safeguard their interests. The National
Government, through its agencies, instrumentalities and subdivisions, shall assist disabled persons in
establishing self-help organizations by providing them with necessary technical and financial
assistance. Concerned government agencies and offices shall establish close linkages with
organizations of the disabled persons in order to respond expeditiously to the needs of disabled
persons. National line agencies and local government units shall assist disabled persons in setting up
specific projects that will be managed like business propositions. To ensure the active participation
of disabled persons in the social and economic development of the country, their organizations shall
be encouraged to participate in the planning, organization and management of government programs
and projects for disabled persons. Organizations of disabled persons shall participate in the
identification and preparation of programs that shall serve to develop employment opportunities for
the disabled persons.

TITLE 111 PROHIBITION ON DISCRIMINATION AGAINST DISABLED PERSONS

CHAPTER 1 DISCRIMINATION ON EMPLOYMENT

Sec. 32. Discrimination on Employment. No entity, whether public or private, shall discriminate
against a qualified disabled person by reason of disability in regard to job application procedures, the
hiring, promotion, or discharge of employees, employee compensation, job training, and other terms,
conditions, and privileges of employment. The following constitute acts of discrimination:

(a) Limiting, segregating or classifying a disabled job applicant in such a manner that adversely
affects his work opportunities;

(b) Using qualification standards, employment tests or other selection criteria that screen out or
tend to screen out a disabled person unless such standards, tests or other selection criteria are shown
to be job-related for the position in question and are consistent with business necessity;

(c) Utilizing standards, criteria, or methods of administration that:

(l) have the effect of discrimination on the basis of disability; or

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 (2) perpetuate the discrimination of others who are subject to common administrative control.

(d) Providing less compensation, such as salary, wage or other forms of remuneration and fringe
benefits, to a qualified disabled employee, by reason of his disability, than the amount to which a
non-disabled person performing the same work is entitled;

(e) Favoring a non-disabled employee over a qualified disabled employee with respect to
promotion, training opportunities, study and scholarship grants, solely on account of the latter's
disability;

(f) Re-assigning or transferring a disabled employee to a job or position he cannot perform by

reason of his disability;

(g) Dismissing or terminating the services of a disabled employee by reason of his disability
unless the employer can prove that he impairs the satisfactory performance of the work involved to
the prejudice of the business entity: Provided, however, That the employer first sought to provide
reasonable accommodations for disabled persons;

(h) Failing to select or administer in the most effective manner employment tests which
accurately reflect the skills, aptitude or other factor of the disabled applicant or employee that such
tests purports to measure, rather than the impaired sensory, manual or speaking skills of such
applicant or employee, if any; and

(i) Excluding disabled persons from membership in labor unions or similar organizations.

Sec. 33. Employment Entrance Examination. Upon an offer of employment, a disabled applicant
may be subjected to medical examination, on the following occasions:

(a) all entering employees are subjected to such an examination regardless of disability;

(b) information obtained during the medical condition or history of the applicant is collected and
maintained on separate forms and in separate medical files and is treated as a confidential medical
record; Provided, however, That:

(l) supervisors and managers may be informed regarding necessary restrictions on the work
or duties of the employees and necessary accommodations;

(2) first aid and safety personnel may be informed, when appropriate, if the disability
may require emergency treatment;

(3) government officials investigating compliance with this Act shall be provided
relevant information on request; and

(4) the results of such examination are used only in accordance with this Act.

CHAPTER 11 DISCRIMINATION ON TRANSPORTATION

Sec. 34. Public Transportation. It shall be considered discrimination for the franchisees or operators
and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to
convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his
disability.

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 CHAPTER 111 DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS
AND SERVICES

Sec. 35. Public Accommodations and Services. For purposes of this Chapter, public accommodations
and services shall include the following:

(a) an inn, hotel, motel, or other place of lodging, except for an establishment located within a
building that contains not more than five (5) rooms for rent or hire and that is actually occupied by
the proprietor of such establishment as the residence of such proprietor;

(b) a restaurant, bar, or other establishment serving food or drink;

(c) a motion picture, theater, concert hall, stadium, or other place of exhibition or entertainment;

(d) an auditorium, convention center, lecture hall, or other place of public gathering;

(e) a bakery, grocery store, hardware store, shopping center, or other sales or rental
establishment;

(f) a bank, barber shop, beauty shop, travel service, ftneral parlor, gas station, office of a lawyer,
pharmacy, insurance office, professional office of a health care provider, hospital or other service
establishment;

(g) a terminal, depot, or other station used for specified public transportation; (h) a museum,

gallery, library or other place of public display or collection;

(i) a park, zoo, amusement park, or other place of recreation;

(j) a nursery, elementary, secondary, undergraduate, or post-graduate private school, or other

place of education;

(k) a gymnasium, health spa, bowling alley, golf course; or

(l) other place of exercise or recreation.

Sec. 36. Discrimination on the Use of Public Accommodations. (a) No disabled person shall be
discriminated on the basis of disability in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages or accommodations of any place of public accommodation by any
person who owns, leases, or operates a place of public accommodation. The following constitute acts
of discrimination:

(l) denying a disabled person, directly or through contractual, licensing, or other arrangement,
the opportunity to participate in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations of an entity by reason of his disability;

(2) affording a disabled person, on the basis of his disability, directly or through
contractual, licensing, or other arrangement, with the opportunity to participate in or benefit
from a good service, facility, privilege, advantage, or accommodation that is not equal to that
afforded to other able-bodied persons; and

(3) providing a disabled person, on the basis of his disability, directly or through
contractual, licensing, or other arrangement, with a good, service, facility, advantage,

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 privilege, or accommodation that is different or separate form that provided to other able-
bodied persons unless such action is necessary to provide the disabled person with a good,
service, facility, advantage, privilege, or accommodation, or other opportunity that is as
effective as that provided to others; For purposes of this Section, the term "individuals or
class of individuals" refers to the clients or customers of the covered public accommodation
that enters into the contractual, licensing or other arrangement.

(b) Integrated Settings Goods, services, facilities, privileges, advantages, and accommodations
shall be afforded to individual with a disability in the most integrated setting appropriate to the needs
of the individual.

(c) Opportunity to Participate notwithstanding the existence of separate or different programs or

activities provided in accordance with this Section, an individual with a disability shall not be denied
the opportunity to participate in such programs or activities that are not separate or different.

(d) Association It shall be discriminatory to exclude or otherwise deny equal goods, services,
facilities, advantages, privileges, accommodations or other opportunities to an individual or entity
because of the known disability of an individual with whom the individual or entity is known to have
a relationship or association.

(e) Prohibitions for purposes of this Section, the following shall be considered as discriminatory:

(l) the imposition or application of eligibility criteria that screen out or tend to screen out an
individual with a disability or any class or individuals with disabilities from fully and equally
enjoymg any goods, services, facilities, privileges, advantages, or accommodations, unless
such criteria can be shown to be necessary for the provision of the goods, services, facilities,
privileges, or accommodations being offered;

(2) a failure to make reasonable modifications in policies, practices, or procedures, when

such modifications are necessary to afford such goods, services, facilities, privileges,
advantages, or accommodations to individuals with disabilities, unless the entity can
demonstrate that making such modifications would fundamentally alter the nature of the
goods, facilities, services, privileges, advantages, or accommodations;

(3) failure to take such steps as may be necessary to ensure that no individual with a
disability is excluded, denied services, segregated or otherwise treated differently than other
individuals because of the absence of auxiliary aids and services, unless the entity can
demonstrate that taking such steps would ftndamentally alter the nature of the good, service,
facility, privilege, advantage or accommodation being offered or would result in undue
burden;

(4) a failure to remove architectural barriers, and communication barriers that are
structural in nature, in existing facilities, where such removal is readily achievable; and

(5) where an entity can demonstrate that the removal of a barrier under clause (4) is not
readily achievable, a failure to make such goods, services, facilities, privileges, advantages,
or accommodations available through alternative methods if such methods are readily
achievable.

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Sec. 37. Use of Government Recreational or Sports Centers Free of Charge. Recreational or sports
centers owned or operated by the Government shall be used, free of charge, by marginalized disabled
persons during their social, sports or recreational activities.

Sec. 38. Implementing Rules and Regulations. The Department ofPublic Works and Highways shall
formulate the rules and regulations necessary to implement the provisions of this Chapter.

TITLE IV FINAL PROVISIONS

Sec. 39. Housing Program. The National Government shall take into consideration in its national
shelter program the special housing requirements of disabled persons.

Sec. 40. Role of National Agencies and Local Government Units. Local government units shall
promote the establishment of organizations of disabled persons in their respective territorial
jurisdictions. National agencies and local government units may enter into joint ventures with
organizations or associations of disabled persons to explore livelihood opportunities and other
undertakings that shall enhance the health, physical fitness and the economic and social well-being
of disabled persons.

Sec. 41. Support From Nongovernment Organizations. Nongovernment organizations or private

volunteer organizations dedicated to the purpose of promoting and enhancing the welfare of disabled
persons shall, as they, are hereby encouraged, become partners of the Government in the
implementation of vocational rehabilitation measures and other related programs and projects.
Accordingly, their participation in the implementation of said measures, programs and projects is to
be extended all possible support by the Government. The Government shall sponsor a volunteer
service program which shall harness the involvement of private individuals in the provision of
assistance to disabled persons.

Sec. 42. Tax Incentives. (a) Any donation, bequest, subsidy or financial aid which may be made to
government agencies engaged in the rehabilitation of disabled persons and organizations of disabled
persons shall be exempt from the donor's tax subject to the provisions of Section 94 of the National
Internal Revenue Code (NIRC), as amended and shall be allowed as deductions from the donor's
gross income for purposes of computing the taxable income subject to the provisions of Section 29
(h) of the Code.

(b) Donations from foreign countries shall be exempt from taxes and duties on importation
subject to the provisions of Section 105 of the Tariff and Customs Code of the Philippines, as
amended, Section 103 of the NIRC, as amended and other relevant laws and international
agreements.

(c) Local manufacturing or technical aids and appliances used by disabled persons shall be
considered as a preferred area of investment subject to the provisions of Executive Order No. 226
otherwise known as the "Omnibus Investments Code of 1987" and, as such, shall enjoy the rights,
privileges and incentives as provided in said Code such as, but not limited, to the following:

(l) repatriation of investments;

(2) remittance of earnings;
(3) remittance of payments on foreign contracts;
(4) freedom from expropriations;

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 (5) freedom from requisition of investment;
(6) income tax holiday;
(7) additional deduction for labor expense;
(8) tax and duty exemption on imported capital equipment;
(9) tax credit on domestic capital equipment;
(10) exemption from contractor's tax;
(l l) simplification of customs procedures;
(12) unrestricted use of consigned equipment;
(13) employment of foreign nationals;
(14) tax credit for taxes and duties on raw materials;
(15) access to bonded manufacturing/traded warehouse system;
(16) exemption from taxes and duties on imported spare parts; and
(17) exemption from wharfage dues and any export tax, duty, impost and fee.

Sec. 43. Continuity Clause. Should any department or agency tasked with the enforcement or
formulation of rules and regulations and guidelines for implementation of any provision of this Act is
abolished, merged with another department or agency or modified, such shall not affect the
enforcement or formulation of rules, regulations and guidelines for implementation of this Act to the
effect that —

(a) In case of abolition, the department or agency established to replace the abolished department
or agency shall take-over the functions under this Act of the abolished department or agency.

(b) In case the department or agency tasked with the enforcement or formulation of rules,
regulations and guidelines for implementation of this Act is merged with another department or
agency, the former shall continue the functions under this Act of the merged department or agency.

(c) In case of modification, the department or agency modified shall continue the ftnctions under
this Act of the department or agency that has undergone the modification.

Sec. 44. Enforcement by the Secretary of Justice.

(a) Denial of Right

(l) Duty to Investigate the Secretary of Justice shall investigate alleged violations of this
Act, and shall undertake periodic reviews of compliance of covered entities under this Act.

(b) Potential Violations If the Secretary of Justice has reasonable cause to believe that —

(l) any person or group of persons is engaged in a pattern or practice of discrimination

under this Act; or

(2) any person or group or persons has been discriminated against under this Act and such
discrimination raises an issue of general public importance, the Secretary of Justice may
commence a legal action in any appropriate court.

Sec. 45. Authority of Court. The court may grant any equitable relief that such court considers to be
appropriate, including, to the extent required by this Act:

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(a) granting temporary, preliminary or permanent relief;

(b) providing an auxiliary aid or service, modification of policy, practice or procedure, or

alternative method; and

(c) making facilities readily accessible to and usable by individuals with disabilities.

Sec. 46. Penal Clause. (a) Any person who violates any provision of this Act shall suffer the
following penalties:

(l) for the first violation, a fine of not less than Fifty thousand pesos (P 50,000.00) but not exceeding
One hundred thousand pesos (P 100,000.00) or imprisonment of not less than six (6) months but not
more than two (2) years, or both at the discretion of the court; and

(2) for any subsequent violation, a fine of not less than One hundred thousand pesos (P 100,000.00)
but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two
(2) years but not more than six (6) years, or both at the discretion of the court.

(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of
not less than six (6) months or a fine of not less than Five thousand pesos (P5,000.00), but not more
than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.

(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly
involved shall be liable therefor.

(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of
sentence without further deportation proceedings.

Sec. 47. 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 into law and
thereafter.

Sec. 48. Separability Clause. Should any provisions of this Act be found unconstitutional by a court
of law, such provisions shall be severed from the remainder of the Act, and such action shall not
affect the enforceability of the remaining provisions of this Act.

Sec. 49. Repealing Clause. All laws, presidential decrees, executive orders and rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 50. Effectivity. This Act shall take effect fifteen (15) days after its publication in any two (2)
newspapers of general circulation.

Approved: March 24, 1992

ACTIVITY No. 6.1: Write All-Rights!
Directions: In your own words, distinguish what rights and
privileges of disabled persons shall be highlighted in every
chapter to satisfy the needs of individuals with special
interest.

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 RIGHTS AND PRIVILEGES OF DISABLED PERSONS
ACTIVITY No. 6.2: CONTEMPIATHINK (Contemplate & Think) Directions:
Comprehensively discuss your answers on the box provided from the questions posed.

1. As a future teacher, how are you going to handle learners with special educational
needs in your classroom after learning this lesson, specifically the RA 7277?

2. Bullying is most common among children specifically to school-age. Mostly,

disabled persons are susceptible to this instance. VVhat steps and how would you
manage your class when you discover that one of your learners has been found guilty
of discrimination against disabled persons?
Use separate sheet/s ifnecessary.
REFERENCES
Textbook/s:

Inciong, Teresita et al (2007). Introduction to Special Education. Rex Printing

Company, Inc.Philippines.

Websites:

https://apiar.org.au/wp-content/uploads/2017/02/19 APJCECT Feb BRR7120

EDU-183-194.pdf https://www.scrobd.com/doc/62569076/History-on-Sped-Phil
https://www.slideshare.net/mhia261/special-education-powerpoint?
qid=c2fa7c70-262f-4ef1-88a5 https://sites.ed.gov/idea/about-idea/
https://sites.ed.gov/idea/about-idea/#lDEA-Purpose https://sites.ed.gov/idea/statuteregulations/

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https://commons.trincoll.edu/edreform/2012/05/the-education-for-all-handicapped-
childrenact-a-faltering-step-towards-integration/ https://www.govtrack.us
congress/bills/94/s6/summary

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