Nathan Vince C.

Villanueva BTLEd II-A

I. Laws of Special Education in the United States

Public Law 94-142

- Also known as the Education for All Handicapped Children Act. This law required
schools to protect the rights of, and provide a free appropriate public education for,
all students with disabilities, such as mental retardation, learning disabilities,
emotional problems, etc. Prior to this law, many individuals with a mental illness or
mental retardation were placed in state institutions, quite often receiving minimal
clothing, food and care.

The four purposes of PL 94-142 are:

1.) To assure that all children with disabilities have available to them a free
appropriate public education which emphasizes special education and
related services designed to meet their unique needs.

2.) To assure that the rights of children with disabilities and their parents are
protected.

3.) To assist States and localities to provide for the education of all children
with disabilities.

4.) To assess and assure the effectiveness of efforts to educate all children
with disabilities" Source: Education for All Handicapped Children's Act of
1975

Public Law 98-199 (1983)

-Amendments to the Education of the Handicapped Act. Discretionary programs

were reauthorized, parent training and information center were required, funding
was provided to research early intervention (EI), and focus was put on school to
work transition.

Public Law 99-457 1986

-Services for pre-schoolers with special needs were mandated. The Part H program
was established to assist states in developing a state-wide system of EI services for
infants.
Public Law 101-476

-The Individuals with Disabilities Education Act (IDEA). This act reauthorized and
expanded the discretionary programs. In addition, transition services were
mandated, assistive technology was defined, and "autism" and "traumatic brain
injury" were added to the list of qualifying categories.

No Child Left Behind Act of 2001

-Was enacted. Although the act addresses the school's accountability to help needy
children, it also touches on issues regarding autism and the special needs
community.

Individuals with Disabilities Education Act (IDEA):

The Individuals with Disabilities Education Act is a federal law that authorizes special
education for children with disabilities in the United States. It also authorizes early
intervention services of states offer to infants and pre-schoolers with disabilities.
This law has been amended many times over the years. The most recent
amendments were approved by Congress in December of 2004.

Section 504:

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits all
programs and activities, Under 504, a person with a disability is a person with a
physical or mental impediment that substantially limits one or more principal life
activities, has a record of that limitation, or may be considered to have that
limitation. Section 504 compliance falls under the Office of Civil Rights of the U.S.
Department of Education (OCR).

Laws of Special Education in the Philippines

The Constitution, Article 14 states that:

Sec.1. the State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such education
accessible to all. The education of special children requires greater commitment
because of the existence of distinctive circumstances. It requires the expertise and
dedication of a trained staff, the full participation of the supporting characters and,
budgetary support for the establishment of the centers, the acquisition of supplies
and materials and the installation of other auxiliary aids and services. Ultimately, our
investments in special education may redound to the benefit of society, as the
children can develop into future leaders. With the help given by the government,
their families can remain stable and become significant contributors to the growth of
our nation.

Introduced by Senator Miriam Defensor Santiago

SECTION 1. Short Title. - This Act shall be known as the “Special Education Act of

2008.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to

protect and promote the rights of children with special need (CSN’s) to quality
education and to take appropriate steps to make such education accessible to them.
The State recognizes their vital role in national development and that finding
solutions to their problems forms an integral part of national development
strategies.

SECTION 3. Objectives. -The objectives of the Special Education Act of 2007 are:

(A) To provide access to basic education among CSN’s namely the gifted,
talented, thementally retarded, the visually impaired, the hearing impaired,’ the
orthopedically/physically handicapped, the learning disabled, the speech defective,
the children with behaviour problems, the autistic children and those with the health
problems through the formal system and other alternative delivery services in
education;

(B) To ensure that CSN’s fully develop their abilities, talents, interests and all
aspects of their development to become more responsible for their lives and more
effective partners in all the affairs and concerns of the country;

(C) To ensure that CSN’s understand, appreciate and respect differences

amongst groups and members in society and also to understand the nature of
society in which they live;

(D) To inform the parents about the hll continuum of services, possible
placement options during discussions about their children’s education and other
relevant information to enable them to make informed decisions and choices;

(E) To equip the parents and other caregivers and the teachers with the
capabilities to identify, prevent, refer and intervene with the developmental
disorders and disabilities of children as well as in the relevant individual
programming planning for the student where such program differs significantly from
the standard curriculum and other matters that enhance the role of parents and
other caregivers as the primary educators and caregivers of their children from birth
onwards;
 (F) To involve private groups, local government units and national agencies
other than the Department of Education (DepEd) in the education of children with
special needs;

(G) To effectuate significant and positive changes in community attitudes

towards disability and the need to provide special education, care and other needs
of children with special needs.

SECTION 5. Coverage. - This Act shall cover students and children with special needs
nationwide.

SECTION 6. Creation of the Bureau of Special Education - The Bureau of Special

Education is primarily tasked in the formulation and administration of an appropriate
curriculum and developmentally-suited programs to primarily achieve functional
literacy of the students/children with special needs and ensure their integration to
society.

SECTION 7. SPED Centres in Regular Schools. –

(A) At least one (1) special education (SPED) center for each school division and
at least three (3) SPED centers in big school divisions shall be established in
regular schools, where there are no existing SPED centers. These SPED
centers shall be administered by the principal of the regular school.

(B) The SPED Center shall function as the Resource Center for the
implementation of inclusive education that will accept all kinds of children on
regular schools. It shall:

(1) Support children with special needs integrated included in regular

schools;
(2) Assist in the conduct of school-based training;
(3) Produce appropriate teaching materials, and
(4) Conduct assessment of children with special needs.

(C) Each SPED Center shall have the following staff who shall have a (3)
starting salary classification of Grade 13:

(1) 1 SPED teacher for the Mentally Gifted;

(2) 1 SPED teacher for the Mentally Retarded/Handicapped;
(3) 1 SPED teacher €or the Visually Impaired;
(4) 1 SPED teacher for the Hearing Impaired;
(5) 1 SPED teacher for the Autistic Children;
(6) 1 SPED teacher for the Learning Disabled;
(7) 1 SPED teacher for children with behaviour problems.
 (D) Regular teachers currently handling special education of children with
special needs shall henceforth be classified as SPED teachers with the same salary
grade classification as mentioned in the preceding paragraph.

(E) There shall be an assistant principal for each SPED Center. He/she shall
administer and supervise the alternative educational programs, early intervention
programs, monitoring, supervision and technical assistance and human resource
trainings/SPED personnel enhancement programs, referral and placement
procedures, advisory services and other components of the special education
program in his/her jurisdiction. He/she shall also be responsible for the formation
and supervision of placement committee under his/her jurisdiction as well as in the
resolution of disagreements on placement and services.

SECTION 8. Other Personnel of SPED Centers. - One educational psychologist or

psychometrician, one social worker, one education supervisor and one medical
health officer for each city and province shall be appointed who, among other
responsibilities, shall comprise the administrative core and placement committee of
the SPED unit in the area.

SECTION 9. Itinerant SPED Teachers. - Itinerant SPED teachers shall also be

appointed whenever necessary and on a needs basis. He/she shall assist isolated or
remote schools with specialized equipment, individual programs, curriculum
adjustment, teaching aids and building modifications.

SECTION 10. Authority of the Secretary of Education to Give grants to, or enter into
Cooperative Arrangements for the Creation of SPED Centers. - The Secretary of
Education, Culture and Sports is hereby authorized to give grants to, or enter into
cooperative arrangements or contracts with public or private non-profit agencies,
institutions or organizations for the establishment or creation of SPED centers for
children with special needs: Provided, that a grant made pursuant to this Section
may be made only for the following or similar programs:

(A) Technical assistance of SPED centers providing educational assistance for

children with special needs (CSN’s);

(B) Pre-service or in-service haining of professionals or related services

personnel preparing to serve or serving CSN’s;

(C) Replication of successful innovative approaches to providing educational

or related services to CSN’s;

(D) Facilitation of parental involvement in the education of their CSN’s;

 (E) Diagnosis and educational evaluation of CSN’s at risk of being certified
CSN’s;

(F) Consultative, counselling and training services for the families of CSN’s;

(G) Familiarization of the municipality or city to be served by a SPED center

with the problems and potentialities of such children.

SECTION 12. Student Assistance. - The Bureau shall provide financial assistance to
economically marginalized but deserving students with special needs at the
elementary and secondary levels including any post-secondary or tertiary education
which may come in the form of scholarship grants, transportation allowance, food
allowance, board and lodging allowance, book allowance, student loan programs,
artistic and cultural tours, training and programs, subsidies and other incentives.

SECTION 13. Medical Assistance. - The Bureau shall prepare a scheme that will
ensure adequate and free medical assistance and intervention programs, including
those essential to the student or child’s rehabilitation like therapy, psychometric
assessments, medical examinations and the like with government clinics, hospitals
and other health facilities.

SECTION 14. Nutritional Programs. - The nutritional programs for CSN’s shall be
supervised by the National Nutrition Council and the Department of Health in
coordination with the local government unit health officer.

SECTION 15. Establishment of Specialized Day Care Centers. - Day care centers
specially designed for pre-school children and their parents, where early
identification of disabilities and special needs and introductory educational and
intervention programs will be administered, shall also he established near or within
existing SPED centers or those that will be created by the bureau with the support of
the Department of Social Welfare and Development and local government unit in
the area. As far as practicable, existing day care centers and facilities shall be
maximized.

SECTION 16. Recreational and Artistic Opportunities. - The Bureau shall institute a
program for students or children with special needs to afford them full opportunities
for safe and wholesome recreation and activities, individual as well social, for the
wholesome use of his leisure hours and for the advancement of their physical,
mental, social and cultural development.

SECTION 17. Continuing Education and Assistance to Teachers/Instructors of

Students with Special Needs. - The Bureau shall enhance the right of the
teachers ,instructors to professional advancement and ensure that the teaching staff
will attract the best available talents through adequate remuneration, scholarship
and training grants, teacher exchange programs, incentives and allowances and
other means of securing job satisfaction and fulfilment as well as their long and
stable tenure in their respective post.

SECTION 18. Parent, Sibling and Caregiver Education. - There shall be a formal
training and counselling program for parents, siblings and caregivers for them to
acquire a working knowledge of special education, gain an understanding of the
psychology of children with special needs, he aware of their crucial role as educators
and gain knowledge and skills on how each parent, sibling, or caregiver could
maximize his/her services for the optimum development of the potentials of the
child.

SECTION 19. Special Instructional Materials. - Publishers shall grant to the DepEd
through the Special Services and Auxiliary Aids Division (SSAAD) the authority to
transcribe adopted instructional materials into Braille, large type and audio-tape
without penalty or royalty.

SECTION 20. Incentives to Private Sector Participation. - Partnership between the

government and private institutions catering to the needs of student, children with
special needs shall be encouraged.

SECTION 21. Local Government Unit Participation. - The local government units shall
be responsible for the:

(A) Provision of buildings or centers and sites where there are no existing
school facilities that will house the special education of children /students with
special needs, as well as the establishment of day care centers as mentioned in Sec.
15;

(B) Organization of one (1) parent-teacher association in every school in their

respective jurisdictions offering special education to students, children with special
needs;

(C) Identification, coordination and the tapping of public or private volunteers

and private organizations, national or international, for information dissemination
campaigns, funding programs and other projects to augment the funding of and
equipment for SPED programs and equipment, among others;

(D) Provision of counterpart funds for the training and seminars of parents
and teachers and nutritional programs for the students/children with special needs
in their respective localities to be determined by the Bureau, in coordination with
the Department of Budget and Management and the Department of Finance.

SECTION 22. Public Information, Education and Communication. - A nationwide

information dissemination campaign on the prevention, early identification and
intervention programs for children with special needs shall be intensified. This shall
be the joint responsibility of the Philippine Information Agency (PIA), Council for the
Welfare of Children (CWC) and the Department of Education (DepEd). The DepEd, in
collaboration with the Department of Health (DOH) and Department of Labor and
Employment (DOLE), shall also disseminate materials and information concerning
effective practices working with, training and educating CSN’s.

SECTION 23. Appropriations. -For the implementation of this Act, the amount of Six
Hundred Million Pesos (P600,000,000.00) per year for five (5) consecutive years is
hereby appropriated for the SPED program to be included in the General
Appropriation Act.

SECTION 24. Implementation. - The Department of Education through the Bureau of

Special Education, in coordination with the Department of the Interior and Local
Government, Department of Health, Department of Finance, Council for the Welfare
of Children, and National Council for the Welfare of Disabled Persons, shall
promulgate and issue the necessary guidelines for the creation and operation of
SPED Centers within sixty (60) days after the affectivity of this Act.

SECTION 25. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

SECTION 26. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with, the provision of this Act is hereby repealed, modified or amended
accordingly.

SECTION 27. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

II. Enumerate laws that pertain to:

A.) The inclusion of children with special needs in all programs and concerns of the
government.

1. Child and Youth Welfare Code (1974)

-Free primary and high school for children with disabilities.

2. Education Act of 1982

 - Re-structuring elementary education for children with special needs.

3. Philippine Constitution of 1987 Article XIV, Sec. 2,

-It is provided that the “State shall… establish and maintain a system of free
public education in the elementary and high school levels” with elementary
education being compulsory for all children. The Constitution also mandates the
State to “encourage non-formal, informal and indigenous learning system, as well as
self-learning, independent and out-of-school study programs, and to provide adult
citizens, the disabled and out-of-school youths with training on civics, vocational
efficiency and other skills.”

4. Education Act of 1982 and the Magna Carta for Disabled Persons of 1992
(Republic Act 7277)

-The Education Act provides for a multi-sectorial thrust in the implementation

of inclusion education by mandating the schools to provide for the establishment of
appropriate bodies that would discuss issues and promote their interest. The Magna
Carta for Disabled Persons on the other hand, likewise provides that the State shall
ensure that disabled persons are provided with adequate access to quality education
and ample opportunities to develop their skills, take appropriate steps to make such
education accessible to all disabled persons, and take into consideration the special
requirements of disabled persons in the formulation of education policies and
program.

5. Philippine Plan of Action for Children (1992-1998)

-was formulated to translate the country’s obligations as party to the United

Nations Convention on the Rights of the Child and its commitment under the Child
and Youth Welfare Code (PD 603).

6. Handbook on Policies and Guidelines on Special Education (1997)

-Operational guidelines for teachers and educational institutions.

7. Philippine Plan of Action for the Asian and Pacific Decade of Disabled Persons
(2003-2012)

-Unifying all government efforts to provide education and welfare for children with
disabilities.

B.) The education of children with special needs.

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;
and
 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.

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.

C. Participation of the home, parents, and community in special education activities.

Parent participation

-Before a student receives special education and related services, the

parents or guardians must sign on. They are equal participants in the process
and must give permission for the evaluation, participate in the development
of the IEP, and agree to any changes in either the program or placement. As a
check on the system, parents have the right to request a due-process
hearing. Finally, parents may have access to the student's records, including
evaluation reports, IEPs, and disciplinary reports.

Parents' Roles and Rights

- It is important that you understand the roles and rights of parents of

children with disabilities. IDEA outlines the rights of parents of students with
disabilities. Those rights begin with the initial request for assessment and flow all the
way to being expected to be an active participant in IEP discussions, as well as
discussions regarding placement and transition services.

Parents as team members

-Parents are active team members in the identification, programming,

and evaluation components of the education of a student with a disability. Parents of
students with disabilities have more rights regarding education than parents of
students without disabilities because students with disabilities are historically a
protected class. They were for many years excluded from the educational process,
and the additional rights provided to their parents serve as a check on the system to
help ensure the district is meeting the students' needs.

Child find/zero reject

-School districts are required by law to seek out and identify every
eligible student with a disability living within their jurisdiction. Once
identified, with parental permission, all students identified as having
disability and requiring special education are to receive an education based
on their individual needs. It is important to understand that this principle
extends to students who may have committed a serious offense. Such
students are still eligible for services.

Free appropriate public education (FAPE)

- All students in the have the right to receive an education, but

students who are eligible for special education and related services are entitled to
receive a free appropriate public education, or FAPE, which may look very different
than what the general education student receives. FAPE is the heart of special
education, and it includes several elements.

Least restrictive environment (LRE)

- Under LRE, students with disabilities who are in general education

classrooms are provided with supports and services that meet their needs as much
as possible. Students with disabilities are to participate fully, both academically and
socially. In addition, the general education teacher is expected to differentiate the
methods used to provide services so all students benefit from instruction. Students
with disabilities are to be educated in the general education classroom until all
available methods to meet their needs in this environment are tried and deemed
unsuccessful.

D. Commemoration of significant events.

1. Proclamation No. 157 – ‘’DECLARING THE MONTH OF FEBRUARY AS

“NATIONAL DOWN SYNDROME CONSCIOUSNESS MONTH”

-nationwide awareness of the Down Syndrome condition will immensely help

in educating the public on the great potential that children with Down Syndrome
possess to live normal lives;

-The Republic of the Philippines recognizes that disabled children have the
right to special care, education and training to help them enjoy full and decent lives
in dignity and achieve the greatest degree of self-reliance and social integration
possible

2. Proclamation No. 361 – ‘’DECLARING THE THIRD WEEK OF JULY AS THE

NATIONAL DISABILITY PREVENTION AND REHABILITATION WEEK WHICH SHALL
CULMINATE ON THE BIRTHDATE OF THE SUBLIME PARALYTIC: APOLINARIO MABINI
ON JULY 23 EACH YEAR’’

- it is the national interest to stimulate public awareness on the problems of

disability, and encourage every citizen to take active responsibility in the upliftment
of the economic and social conditions of the PWDs of our society; thereby,
encouraging them to take pro-active roles in nation building. This necessitates the
re-affirmation of support by this government in partnership with the Pilipinong May
Kapansanan Foundation, Inc., hand in hand with concerned agencies –
spearheaded by NCWDP, as well as NGOs with and through the participation of the
Filipino citizenry.