HISTORICAL AND LEGAL FOUNDATION OF

SPECIAL EDUCATION

HISTORY OF PHILIPPINE SPECIAL EDUCATION

Historically, the interest to educate Filipino children
with disabilities was expressed more than century ago in 1902
during the American regime. The General Superintendent of
Education, Mr. Fred Atkinson, reported to the Secretary of
Public Instruction that deaf and blind children found in a census
of school-aged children in Manila and nearby provinces. He
proposed that these children be enrolled in school like the other
children. However, it was not until 1907 when the special
education program formally started in the country. The Director
of Public Education, Mr. David Barrows, worked for
establishment of the Insular School for the Deaf and Blind in
Manila. Miss Delight Rice, an American educator, was the first
administrator and teacher of the special school.

1926-1949
Philippine Association for the Depth
1957
Department of Education created the Special Education
Section.
1958
The American Foundation for overseas blind open it’s
regional office in Manila
1960
Some private Colleges and Universities started to open
special education courses in their graduate school.
1962
Training of teachers at University of the Philippines.
1. Hearing impairment
2. Mental retardation
3. Mental giftedness
 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 21st
century, it is envisioned that she/he could adequately provide
with basic education. This education should fully realized
his/her own potentials for development and productivity as well
as being capable of self-expression his/her rights in society.
More importantly he/she is God-loving and proud of being a
Filipino”

It 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)

The goal of the special education programs of

Department of Education all over the country is to provide
children with special needs appropriate educational services
within the mainstream of basic education.

COMMONWEALTH ACT NO.3203

The rights of every children in the Philippines to live in
an environment conducive to his physical, moral and
intellectual development and the duty of the government to
promote the full growth of every child.

Republic Act no. 3562

July 21 1963 , Provided by the formal training of special

education teachers of blind children at the Philippine Normal
College , and rehabilitation of the Philippine National School
for the Blind (PNSB) and establishment the of the Philippine
Printing House for the Blind.

Republic Act no. 5250

It was signed into law in 1968. The law provided formal

training for the teachers for deaf, hard-hearing, speech
handicapped, socially and emotionally disturbed, mentally
gifted and mentally gifted children and youth at the Philippine
Normal College and the University of the Philippines.

The 1973 constitution of the Philippines, the

fundamental of the land explicitly stated in Sec.8, article
XVI

The constitutional provision for the universality of

educational opportunities and education of every citizen as a
primary concern of the government clearly implies the
inclusion of exceptional children and youth.

Presidential Decree no. 603 “Child and youth

welfare code”
Article 3 : The rights of child provides among others –
“The emotionally disturbed or socially maladjusted child shall
be treated with sympathy and understanding and shall be given
the education and care required by his particular condition”

Article 74 It Provide the creation of special classes –

“where needs warrant there shall be at least special classes in
every province and if possible, special schools for the
physically handicapped, the mentally retarded, the emotionally
disturbed and the mentally gifted”

Presidential Decree no.1509

Created the National Commission Concerning Disabled
Persons (NCCDP)

It was renamed as National Council for the Welfare of

Disabled Persons (NCWDP)
Education Act Of 1982
Also known as “Batas Pambansa Bilang 232”

The State shall promote the right of every individuals to

relevant quality education regardless of sex, age, breed,
socioeconomic status, physical and mental condition, social and
economic origin, political and affiliation. The State shall
therefore promote and maintain equality of access to education
as well as enjoyment of the benefits of education by all citizens.
1987 Constitution of the Philippines
Cites the rights of exceptional children to education in
Article XIV
 SECTION 1 .
State shall protect and promote the right of all citizens
to quality education at all levels and shall appropriate steps to
make education accessible to all.
SECTION 2 .
The State shall provide adult citizens, the disabled and
out-of-school-youth with training in civics vocational
efficiency and other skills.

Republic Act no.6759

White Cane Act
The law declared 1st day of August as “WHITE CANE
SAFETY DAY” in the Philippines.

Batas Pambansa Bilang.344

An act to Enhance the Mobility of Disabled Persons
Republic Act no.9288
Newborn Screening Act
Magna Carta for disabled persons
RA 7277 – An Act Providing For The Rehabilitation,
Self-Development And Self-Reliance Of Disabled Person And
Their Integration Into The Mainstream Of Society And For
Other Purposes.

5 Important special education laws in America

1. Education for All Handicapped Children Act
Passed by Congress in 1975, this was the first special
education law directed at students with physical and mental
disabilities. The law stated that public schools must provide
children with special needs with the same opportunities for
education as other children. It also required any public school
that received federal funds to provide one free meal a day for
these children.

The mission of this act was to:

-make special education services accessible to children who

require them;
-maintain fair and appropriate services for disabled students;
-Institute systematic evaluation requirements for special
education
-endow federal resources to public schools for the education of
disabled students.
2. Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act, or
IDEA, was created in 1990 and is a modification of the
Education for All Handicapped Children Act. This law ensures
that special needs students receive appropriate free public
education in the least restrictive environment necessary to meet
those students’ needs. It helps students receive the extra
assistance they need but allows them to participate in the same
activities as children without special needs whenever possible.

3. No Child Left Behind

In 2001, the Elementary and Secondary Education Act,
commonly known as the No Child Left Behind Act, called for
schools to be accountable for academic performance of all
students, whether or not they had disabilities. The act requires
schools in every state to develop routine assessments of
students’ academic skills. While it does not stipulate that these
assessments meet a national standard, the law does oblige each
state to come up with its own criteria for evaluation. No Child
Left Behind provides incentives for schools to demonstrate
progress in students with special needs. It also allows for
students to seek alternative options if schools are not meeting
their academic, social or emotional needs.

4. Individualized Education Programs

The IDEA maintains that parents and teachers of
children who qualify for special education must develop an
Individualized Education Program, or IEP, that helps establish
specific education for a child’s explicit needs. This requires
caregivers to meet initially to determine a child’s eligibility for
an IEP and to come together annually to develop and assess the
educational plan.

The student’s educational strategy must be designated

in writing and should include an evaluation and description of
the current academic status, measurable goals and objectives,
designation of an instructional setting and placement within
that setting and transition services for children aged 16 or older.
An IEP gives parents the right to dispute any issues with the
school district through a neutral third party.
 5. Students with Disabilities and Postsecondary
School
The Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990 forbid discrimination in schools based
on disability. This applies to colleges and universities as well as
elementary, middle and high schools. Many students with
special needs go on to study at the postsecondary level, but the
laws are slightly different for postsecondary schools. The law
does not require postsecondary schools to provide a free
appropriate public education to students, but it does oblige
schools to offer suitable academic adjustments and accessible
housing to students with disabilities.

Whether you’re a student with disabilities or you’re

looking to teach children with disabilities, it’s important to
know special education laws. These laws preserve the rights of
students and their families and help integrate students with
special needs into society without segregating them. Although
the laws differ slightly from state to state, the acts passed by
Congress help to standardize the treatment of students with
special needs across the country.

Special Education Laws in England

The education act 1981

The education act 1993
The special educational needs and discrimination act
2001

EDUCATION ACT 1981

Under section 1 of the Education Act 1981, the
previously used ten statutory categories of handicap were
replace by a generic definition of special educational needs
(SEN). Special educational provision was defined as
‘Additional to or otherwise different from’ that generally
provided for the children of the same age by the local authority
concerned. Provided certain conditions were met, children with
a ‘statement’ of SEN were to be educated in ordinary schools.

The Special Educational Needs and Disability Act

2001

Also known as SENDA, is an Act of the Parliament of

the United Kingdom. It is intended as an adjunct to the
Disability Discrimination Act 1995, which legislated to prevent
the unfair treatment of individuals, in the provision of goods
and services, unless justification could be proved. This
legislation was deemed necessary as the previous Act did not
encompass educational organizations.

The act required schools, colleges, universities, adult

education providers, statutory youth service and local education
authorities to make 'reasonable provisions' to ensure people
with disabilities or special needs were provided with the same
opportunities as those who were not disabled.[1]

Disability Discrimination Act 1995

Section 1(1),
A person has a disability for the purposes of this Act if
he has a physical or mental impairment which has a substantial
and long-term adverse effect on his ability to carry out normal
day-to day activities.

1995 CHAPTER 50
An Act to make it unlawful to discriminate against
disabled persons in connection with employment, the provision
of goods, facilities and services or the disposal or management
of premises; to make provision about the employment of
disabled persons; and to establish a National Disability Council