The Legal Foundation of Special and Inclusive Education

• first legal basic of the care and protection of children with disabilities was enacted in 1935. Articles
356 and 259 of Commonwealth Act NO, 3203, asserted "the right of every child to live in and
atmosphere conducive to his physical moral and intellectual development" and the concomitant duty
of the government "to promote the full growth of the faculties of every child.

•Republic Act No. 3562. "An Act to Promote the Education of the Blind in the Philippines" on June 21,
1963 provided for the formal training of special education teachers of blind children at the Philippine
Normal College, the rehabilitation of the Philippine National School for the Blind (PNSB) and the
establishment of the Philippine Printing House for the Blind.

•Republic Act No. 5250, "An Act Establishing a Ten-year Teacher Training Program for Teachers of
Special and Exceptional Children" was signed into law in 1968. The law provided for the formal
training of teachers for deaf, hard-of-hearing, with speech impairment, socially and emotionally
disturbed, intellectually disabled and mentally gifted children and youth at the Philippine Normal
College and the University of the Philippines.

•RA 9710 The Magna Carta of Women was enacted in 2009.

•In 2010, DepEd Order 22, series of 2010 Mainstreaming and Institutionalization on Madrasah
Education Program by Transferring its Developed Components to the Bureau of Elementary Education
and Regional and Division Offices. And, in 2011, DepEd Order 62, series of 2011 Adopting the National
Indigenous People's (IP) Education Policy Framework and the DepEd Order 103, series of 2011
Creating of Indigenous People's Education Office. RA 10533 Enhanced Basic Education Act enacted in
2013.

•The year 2004 ushered in a landmark legislation spearheaded by the Department of Health, Republic
Act No. 9288 otherwise known as "The Newborn Screening Act of 2004" is based on the premise that
a child with Intellectual Disability could have been normal. A drop of blood can save the baby from
Intellectual Disability and death. Newborn screening is a very simple test that should be given to the
baby twenty-four hours after birth. If the test is given too late, the baby can either die or eventually
be severely intellectually disabled. Newborn screening is a blood test wherein a blood sample will be
taken from the heel of the child. The sample, which is dropped in a special paper, is then sent by the
hospital to a centralized testing center which is run by the National Institute of Health at its head
office at the University of the Philippines in Manila. The test primarily checks for five metabolic
disorders that could affect the health of the child within the first few weeks of life. These are
congenital hypothyroidism, congenital adrenal hyperplasia, galactosemia, phenylketonuria and G6PD
deficiency. If gone undetected, these disorders severe intellectual disability, cataracts, severe anemia
or even death for the child. The test and the 24-hour window can literally be the difference between
life and death. If a baby is shown to be positive for any of the disorders, the parents will be
immediately informed, and more tests will be done to the child to confirm the test. Once properly
diagnosed, proper treatment and care can be given to the baby.

Recent Legislations in the Philippines Supporting Inclusive Education

•Section 8, DepEd Order No. 43, series of 2013: IRR of RA 10533 or the Enhanced Basic Education Act
of 2013 is a policy that recognizes the inclusiveness of the Enhanced basic education, and thus,
stipulates the implementation of programs aiming to address the physical, intellectual, psychological
and cultural needs of all learners, including the following special groups:

1. Gifted and Talented Learners

2. Learners with Disabilities

3. Muslim Learners

4. Indigenous People

5. Learners under difficult circumstances,

•Senate Bill 1414: Bill of the Inclusive Education for Children and Youth with Special Needs, has been
put forth in the Philippine Congress. Its main goal is to provide every Filipino Child and Youth with
access to inclusive education, as well as the appropriate resources, materials, and equipment they
need.
•Senate Bill 1298, The Individuals with Disabilities Education Act of 2016 (IDEA), is an act that intends
to provide free appropriate public education to children with disabilities. This act ensure that free
appropriate public education that emphasizes special education and other related services will be
available for all children with disabilities. It also guarantees that there will be qualified teachers and
professionals available to meet the needs of these children. Moreover, it intends to make the public
aware about the issue of learning disabilities in order to help in early detection and to make sure that
appropriate measures will be taken for children with special needs to receive quality education.

•Senate Bill 996, Inclusive Education for Children and Youth with Special Needs Act of 2016, is an act
instituting inclusive education and establishing special education centers (SPED Centers) for children
and youth with special needs in all public school divisions. It also intends to promote inclusive
education and capacitate regular schools to effectively handle children and youth with disabilities,
giftedness, and talents.

•DepEd Order No. 42, series of 2017, National Adoption and Implementation of the Philippine
Professional Standards for Teachers (PPST), intends to set out clear expectations of teachers along the
different stages of their careers, encourage teachers to actively partake in continuing effort to attain
proficiency; and to provide a standard measure to assess teacher performance, identify their needs,
and provide support for their professional development. The PPST shall serve as a basis in developing
learning programs for teachers in order to capacitate them for the effective implementation of the K
to 12 Program, as well as in the selection and promotion of teachers.

•CHED Memo 74-77, series of 2017 Policies, Standards, and Guidelines for Bachelor of Elementary
Education (BEEd), Bachelor of Secondary Education (BSEd), Bachelor of Early Childhood Education
(BECEd), and Bachelor of Special Needs Education (BSNEd) require that a Professional Education.
course of Foundation of Special and Inclusive Education to be taken by all teacher education students
in order to ensure that all teachers have the knowledge in handling learners with disabilities,
giftedness, and talents.

•The DepEd Order 21, series of 2019 or the Policy Guidelines on the K to 12 Basic Education Program,
embedded inclusive education in the K-12 curriculum. Inclusion in this policy is the core principle, the
key standard and the principle of the curriculum, were the right of every Filipino to quality, equitable,
culture-based and complete education are promoted through existing programs such as Special
Education, Indigenous People's Education, Madrasah Education, and Flexible Learning options (FLOs)
including Alternative Delivery Modes (ADMs) and the Alternative Learning Systems (ALS). This also
presented an Inclusive Education Policy Framework for Basic Education that provides an overall
framework of implementation for programs that directly promote inclusive education. This ensures
that every aspect of the K12 curriculum support system, across the governance levels of the
Department, is responsive to the needs and demands of diverse learners.

•The Education Act of 1982 or Batas Pambansa Bilang 232 states that "the state shall promote the
right of every individual to relevant quality education regardless of sex, age, breed, socioeconomic
status, physical and mental condition, social and ethnic origin, political and other affiliations. The
State shall therefore promote and maintain equality of access to education as well as enjoyment of
the benefits of education by all its citizens.

•Section 24 "Special Education Service" of the same law arms that "the State further recognizes its
responsibility to provide, within the context of the formal education system services to meet special
needs to certain clientele. These specific types shall be guided by the basic policies of state embodied
on General Provisions of this Act which include: (2) "special education, the education of persons who
are physically, mentally, emotionally, socially, culturally different from the so-called 'normal'
individuals that they require modification of school practices/services to develop to their maximum
capacity.

•In 1983, Batas Pambansa Bilang 344 was enacted. The Accessibility Law, "An Act to Enhance the
Mobility of Disabled Persons" requires cars, buildings, institutions, establishments and public utilities
to install facilities and other devices for persons with disabilities.

•The 1987 Constitution of the Philippines cites the rights of exceptional children to education in
Article XIV. Section 1 declares that the State shall protect and promote the right of all citizens to
quality education at all levels and shall take appropriate steps to make such education accessible to
all. Section 2 emphasizes that "the State shall provide adult citizens, the disabled and out-of-school
youth with training in civics, vocational efficiency and other skills."

•In 1989, R.A. No. 6759 was enacted. The law declared August 1 of each year as "White Cane Safety
Day in the Philippines." Blind persons use a cane in traveling.

•In 1992, R.A. No. 7610 was enacted. The law is "An Act Providing for Strong Deterrence and Special
Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for Its Violation
and Other Purposes.
•Magna Carta for Disabled Person in 1992, RA 7277 was enacted. The law is "An Act Providing for the
Rehabilitation, Self-development, Self-reliance of Disabled Person and their Integration into the
Mainstream of Society and for Other Purposes otherwise known as the Magna Carta for Disabled
Person.

•RA 7610 Special Protection Against Abuse, Exploitation and Discrimination Act was enacted. In 1996,
Four Pillars of Learning (Learning the Treasure Within - report to UNESCO of the International
Commission on Education for the 21" Century.

•In 1997, RA 8371 The Indigenous People's Rights Act was enacted. The Dakar Framework for Action-
Education for All was undertaken.

•RA 9155 Governance of Basic Education Act was enacted in 2001. EO 356 Remaining the Bureau of
Non-Formal Education to Bureau of Alternative Learning System. DepEd Order 51, series of 2004
Standard Curriculum for Elementary Public Schools and Private Madaris. UN Convention on the Rights
of Persons with Disabilities took place in 2006. The Philippine Education for All (EFA) 2015 National
Action Plan was established.

•In 2006, The Juvenile Justice and Welfare Act was enacted. The UN Declaration on the Rights of
Indigenous People's (IP) Education Policy Framework happened in 1997.

•RA 9442 An Act Amending RA 7277 Magna Carta for Disabled Persons was enacted.

•DepEd Order 72, series of 2009 Inclusive Education as a Strategy for Increasing Participation Rate of
Children.

Individuals with Disabilities Education Act (IDEA) of the United State

In 1975, Public law 94-142, the Individual with Disabilities Education Act (IDEA) was enacted in the
United States. It is a powerful law that has changed the American system of education. The IDEA is a
wide-ranged legislation ensuring the services including the education of children with disabilities
throughout the nation. The law clearly exhibits the concern of the society and the country for people
with disabilities to be granted with equal rights and privileges like all other citizens.

Individual With Disabilities Education Act( IDEA)

• governs how the states provide the PWD's who are between the ages of 3 to 2

• major provision is that all children with disabilities shall be located and identified. These children,
without considering the

type of severity of their disabilities, shall receive a free and appropriate public education.

Six Major Principles to be followed in orgazanizing and implementing special Education Programs;

1. Zero Reject

Schools must enroll every child, regardless of the nature or severity of his or her disabilities; no child
with disabilities may be excluded from a public education.

2. Nondiscriminatory Testing

Schools must use non-biased, multi-factored methods of evaluation to determine whether a child has
a disability and, if so, whether special education is needed. Testing and evaluation procedures must
not discriminate on the basis of race, culture, or native language. All tests must be administered in the
child's native language, and identification and placement decisions must not be made on the basis of a
single test score.
3. Appropriate Education

Schools must develop and implement on individualized education plan (IEP) for each student with a
disability. The IEP be individually designed to meet the child's unique needs.

4. Least Restrictive Environment.

Schools must educate students with disabilities with children who do not have disabilities to the
maximum extent possible.

5. Due Process

Schools must provide safeguards to protect the right of children with disabilities and their parents by
ensuring due process, the confidentiality of records and parental involvement in educational planning
and placement decisions..

6. Parent Participation

Schools must collaborate with the parents of students with disabilities in the design and
implementation of special education services.

UNESCO Salamanca Statement

The Salamanca Statement and Framework for Action on Special Needs Education, the World
Conference on Special Needs Education: Access and Quality, Salamanca, Spain, 7-10 June 1994 Main
provisions relating to right to education:
Reaffirming the right to education of every individual, as enshrined in the 1948 Universal Declaration
of Human Rights, and renewing the pledge made by the world community at the 1990 World
Conference on Education for All to ensure that right for all regardless of individual differences.

Recalling the several United Nations declarations culminating in the 1993 United Nations Standard
Rules on the Equalization of Opportunities for Persons with Disabilities, which urges States to ensure
that the education of persons with disabilities is an integral part of the education system.

Noting with satisfaction the increased involvement of governments, advocacy groups, community and
parent groups, and in particular organizations of persons with disabilities, in seeking to improve
access to education for the majority of those with special needs still unreached; and recognizing as
evidence of this involvement the active participation of high-level representatives of numerous
governments, specialized agencies and intergovernmental organizations in this World Conference.