MODULE 3

LEGAL BASIS FOR SPECIAL AND INCLUSIVE EDUCATION

A. International Laws / Conventions

1. UN 1989 Convention on the Rights of the Child

● The right to special education and treatment when a child is physically
or mentally handicapped
● Article 23:

● Recognize that a mentally or physically disabled child should enjoy a

full and decent life, in conditions which ensure dignity, promote self-
reliance and facilitate the child’s active participation in the
community.

2. 1990 World Declaration for Education for All

● Article III: Universalizing Access and Promoting Equity

● An active commitment must be made to removing educational

disparities.

3. 1994 Salamanca Statement

● Education systems should be designed and educational programs
implemented to meet these diversities among children
● Students with special needs must have access to regular schools with
adapted education

4. Individuals with Disabilities Education Act (IDEA)

● US Special Education law that law that makes available a free
appropriate public education to eligible children with disabilities and
ensures special education and related services to those children

B. Philippine Laws

Constitutional Basis

LAW EMPHASIS
 ● The first legal basis of the care and protection of children with
disabilities.

Commonwealt ● Article 356 and 259

h Act No. 3203
o the right of every child to live in an 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

● Article XV, Section 8

1973 Philippine
Constitution o A complete, adequate and integrated system of education
relevant to the goals of national development

● Article XIV Section 1 and 2

o The State shall protect and promote the right of all citizens
to quality education at all levels, and shall take
1987 Philippine appropriate steps to make such education accessible to
Constitution all.
o The State shall establish, maintain, and support a
complete, adequate, and integrated system of education
relevant to the needs of the people and society

Republic Acts, Presidential Decrees & Batas Pambansa

LAW EMPHASIS

● An Act to Promote the Education of the Blind in the

RA 3562
Philippines

● An Act Establishing A Ten-Year Training Program for

RA 5250 Teachers of Special and Exceptional Children in the
Philippines
RA 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
o Section 12: The State shall ensure that disabled persons
are provided with adequate access to quality education.
 o Section 14: Maintain and support a complete, adequate
and integrated system of special education
o Section 15: Disabled persons with training in civics,
vocational efficiency, sports and physical fitness, and
other skills.
o Section 16: The State shall develop non-formal education
programs intended for the total human development of
disabled persons
o Section 17: (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

RA 9442 ● Magna Carta for Disabled Persons and for Other Purposes

● Enhanced Basic Education Act of 2013 (K-12 Law)

o Section 8: The implementation of the program designed to

address the physical, intellectual, psychosocial, and
RA 10533 cultural needs of learners, which shall include, but not
limited to the following: Programs for the Gifted and
Talented; Programs for Learners with Disabilities;
Madrasah Program; Indigenous People Education
Program; Programs for Learners under difficult
circumstances

● Child and Youth Welfare Code

o Article 3, Section 3: The physically or mentally

handicapped child shall be given the treatment, education
and care required by his particular condition
o Article 3, Section 6: Every child has the right to an
education commensurate with his abilities and to the
PD 603 of development of his skills for the improvement of his
1975 capacity for service to himself and to his fellowmen
o Article 74: 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 specially
gifted. The private sector shall be given all the necessary
inducement and encouragement to establish such classes
or schools.
 ● Creating the National Commission concerning disabled
persons and for other purposes
PD 1509
o Promote their integration into the mainstream of the
society, as its primary duty for the prevention of physical
and mental disabilities.

● Education Act of 1982:

o Section 24 of BP 232 ("Special Education Services): The

State further recognizes its responsibility to provide, within
the context of the formal education system services to
BP 232 meet special needs of certain clientele. These specific
types shall be guided by the basic policies of state
embodied on General Provisions of this Act which include
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.

BP 344 ● An Act to Enhance the Mobility of Disabled Persons