CPE-103-Foundation of

Special and Inclusive

Education

EDUCATION

CPE-103-Foundation of Special and Inclusive Education

 This course deals with the
philosophies, theories and legal
bases of special and inclusive
education, typical and atypical
development of children,
learning characteristics of
students with special needs and
practices in the continuum of
special education.
Module 2: Bases and
Policies of Special and
Inclusive Education

4. Legal
4. Legal bases ( slides not in order)
4.1 The 1987 Constitution Art. XIV
Sec 1 and 2
4.2 RA 10533- Enhanced Basic
Education Act- Including ALS and
students with Special Needs
4.3 RA 8371- Indigenous Peoples
Right Act
4.4 PD 603- The Child and Youth
Welfare Code
4. Legal bases
4.5 RA 7610- Special Protection Against
Child Abuse, Exploitation, and Discrimination
Act
4.6 RA 9344- Juvenile Justice and
Welfare Act
4.7 RA 9442- Magna Carta for Disabled
Persons
4.8 RA 10665- Open High School
System Act
4.9 RA 7277- Rehabilitation and
Integration of Disabled Persons in
Mainstream Society
4.1. The 1987 Philippine Constitution
(Art. XIV, Sec 1&2)

ARTICLE XIV- Education, Science

and Technology, Arts, Culture and
Sports
Section 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.
Section 2. The State shall:

1. Establish, maintain and

support a complete,
adequate and integrated
system of education
relevant to the needs of
the people and society.
Section 2. The State shall:
2. Establish and maintain a
system of free public education
in the elementary and high
school levels.
Without limiting the natural
right of the parents to rear the
children, elementary education
is compulsory for all children
of school age.
4.4. P.D. No. 603
- The Child and Youth Welfare Code

Article 1. Declaration of Policy

The Child is one of the most
important assets of the nation.
Every effort should be exerted to
promote his welfare and enhance
his opportunities for a useful and
happy life.
 The child is not a
mere creature of the
State.
Hence, his individual
traits and aptitudes
should be cultivated to
the utmost insofar as they
do not conflict with the
general welfare.
 The molding of the
character of the child
starts at home.
Consequently, every member of
the family should strive to make
the home a wholesome and
harmonious place as its
atmosphere and conditions will
greatly influence the child’s
development.
 Attachment to the
home and strong family
ties should be encouraged
but not to the extent of
making the home isolated
and exclusive and
unconcerned with interests of
the community and country.
 The natural right and duty of
parents in the rearing of the
child for civic efficiency should
receive the aid and support of
the government.
Other institutions , like the school,
the church, the guild and the community
in general ,
should assist the home and the
State in the endeavor to prepare the
child/minor/youth (below 18) for
the responsibilities of adulthood.
4.5 . RA No.7610- Special
Protection of Children against
Child Abuse, Exploitation and
Discrimination Act
Article VI –OTHER ACTS OF
ABUSE
Sec.10. Other Acts of Neglect,
Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial
to the Child’s Development
 Any person who shall commit
any other acts of child abuse,
cruelty or exploitation or be
responsible for other conditions
prejudicial to the child’s
development
…..shall suffer the
penalty of prison mayor in
its minimum period.
 (b)Any person who shall keep or
have in his company a minor, twelve
(12) years or under or who in ten
(10) years or more his junior in any
private place, hotel, motel, beer joint,
discotheque, cabaret, pension house,
sauna or massage parlor, beach and
or other tourist or resort or similar
places.
…Penalty : prison mayor or a
RA 7610 fine of not less than fifty
thousand
(c) Any person who shall induce, deliver
or offer a minor to any one prohibited by
this Act to keep or have in his company a
minor as provided in the preceding
paragraph
Penalty: prison mayor in the medium
period and a fine of not less than forty
thousand.
If the perpetrator is ascendant,
stepparent or guardian of the minor,
Penalty: prison mayor in its
maximum period and a fine of not less than
fifty thousand.
RA 7610
 (d) Any person, owner, manager
or one entrusted with the operation
of any public or private place of
accommodation whether for
occupancy, food, drink, or otherwise
including residential places,
who allows any person to
take along with him to such
place or places any minor herein
described shall be imposed with
RA
a 7610
 (d)

Penalty: prison mayor

in its medium period, fine
of not less than fifty
thousand, and the loss of
license to operate the
business establishment.
RA 7610
 (e) Any person who shall use, coerce, force,
or intimidate a street child or any other child
to:
(1) beg or use begging as a means of
living
(2) act as conduit or middlemen in
drug trafficking or pushing; or
(3) conduct any illegal activities,
Penalty : prison correctional in its
medium period to reclusion perpetua.
*** victim under twelve years old
Penalty : reclusion perpetua
RAvictim
7610 will be entrusted to the DSWD.
4.7. RA No. 9442 (approved in 2007)
or An Act Amending RA No. 7277 in
1992 known as the Magna Carta for
Disabled Persons
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 I GENERAL PROVISIONS
CHAPTER I 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.
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

1) 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
functional ability;
 (f) Social Barriers refer to the
characteristics of institutions, whether
legal, economic, cultural, recreational
or other, any human group,
community, or society which limit 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:
(1) 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;
(g)
(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

1) 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;
(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 — (1) the nature and
cost of the action;
4.9. RA No. 7277-
Rehabilitation and
Integration of Disabled
Persons in Mainstream Society
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.
Sec. 14. Special Education.
Toward this end, the Department of
Education, Culture and Sports ( DepEd) 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 funds.
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.
Sec. 15. Vocational or Technical and Other
Training Programs. —

The Department of Education, Culture

and Sports shall establish in at least one
government-owned 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. 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 orthopedically-impaired 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.
Sec. 17. State Universities and
Colleges.

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.
4.6. RA No. 9344- The Juvenile
Justice and Welfare Act of 2006

It shall cover the different

stages involving children at
risk and children in conflict of
the law from prevention to
rehabilitation and
reintegration.
Sec. 2 Declaration of State
Policy.
The following State policies shall
be observed at all times:
(a) The State recognizes the vital
role of children and youth in nation
building and shall promote and protect
their physical, moral, spiritual,
intellectual and social well –being.
It shall inculcate in the youth
patriotism and nationalism, and
RA 9344 their involvement in public
encourage
civic affairs..
 (b) The State shall protect the
best interests of the child through
measures that will ensure the
observance of international standards
of child protection, especially those to
which the Philippines is a party.
Proceedings before any authority
shall be conducted in the best interest
of the child and in a manner which
allows the child to participate and to
express himself/ herself freely.
RA 9344
 The participation of
children in the program
and policy formulation
and implementation
related to juvenile justice
and welfare shall be
ensured by the concerned
government
RA 9344 agency.
(c) The State shall likewise
recognizes the right of
children to assistance,
including proper care and
nutrition and special protection
from all forms of neglect, abuse
cruelty and exploitation, and
other conditions prejudicial to
their development.
RA 9344
RA (d ) Pursuant to Article 40 of the
9344
United Nations Convention on the
Rights of the Child,
◦ the State recognizes the right of
every child alleged as, accused of,
adjudges, or recognized as having
infringed the penal law
to be treated in a manner
consistent with the promotion of
the child’s sense of dignity and
worth, taking into account the
child’s age and desirability of
promoting his/ her reintegration.
 Whenever
RA 9344 appropriate
and desirable, the State
shall adopt measures for
dealing with such children
without resulting to judicial
proceedings, providing that
human rights and legal
safeguards are fully respected.
RA 9344

It shall ensure that children are

dealt with in a manner appropriate to
their well-being by providing for, among
others,
a variety of disposition
measures such as care, guidance
and supervision orders, counseling ,
probation, foster care, education
and vocational training programs
and other alternatives to
institutional care.
 (e) The administration of the
juvenile justice and welfare
system shall take into
consideration the cultural and
religious perspectives of the Filipino
people , particularly the indigenous
peoples and the Muslims, consistent
with the protection of the rights of
children belonging to these
communities.
RA 9344
(f) The State shall apply
the principles of
restorative justice in all
its laws, policies and
programs applicable to
children in conflict with the
law.
RA 9344
4.2. RA. No. 10533- The
Enhanced Basic Education Act
of 2013 or the K to 12 Basic
Education Program

An Act enhancing the Philippine

Education system by strengthening
its CURRICULUM and increasing the
NUMBER OF YEARS for Basic
Education
 Section 1. Short Title.
This Act is known as “Enhanced
Basic Education Act of 2013”

Sec.2. Declaration of Policy. The

State shall establish, maintain, and
support a complete, adequate and
integrated system of education
relevant to the needs of the people,
the country and society at large.
RA 10533
 Likewise, it is hereby declared the policy of the
State that every graduate of basic education shall be
an empowered individual who has learned,
through a program that is rooted on sound
educational principles and geared towards excellence,

the foundations for learning throughout

life , the competence to engage in work and
productive, the ability to coexist in fruitful
harmony with local and global communities, the
capability to engage in autonomous, creative,
and critical thinking, and the capacity and
willingness to transform others and one’s self.

RA 10533
4.3 RA No. 8371- The Indigenous
Peoples Rights of 1997

An Act to recognize, protect

and promote the rights of
indigenous cultural communities/
indigenous peoples, creating a
national commission on Indigenous
Peoples, establishing implementing
mechanisms, appropriating funds
therefor, and for other purposes.
Indigenous Peoples Rights Act 1997 (Republi
c Act No. 8371 of 1997).

The Act makes provision for the

promotion and recognition of the rights of
Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs),
with a view to preserve their culture,
traditions and institutions and to ensure the
equal protection and non-discrimination of
members.
4.3
Indigenous Peoples Rights Act 1997 (Republi
c Act No. 8371 of 1997).
The Act is divided into the
following Chapters:

General Provisions (I); Definition of Terms (II);

Rights to Ancestral Domains (III); Right to Self-
governance and Empowerment (IV); Social
Justice and Human Rights (V); Cultural Integrity
(VI)
 National Commission on Indigenous
Peoples (NCIP) (VII); Delineation and
Recognition of Ancestral Domains (VIII);
Jurisdiction and Procedures for
Enforcement of Rights (IX); Ancestral
Domains Fund (X); Penalties (XI); Merger
of the Office for Northern Cultural
Communities (ONCC) and the Office for
Southern Cultural Communities (OSCC)
(XII); Final Provisions (XIII).
 According to the definition
provided in Chapter II the term
"ancestral domain" comprises "lands,
inland waters, coastal areas and natural
resources therein,
held under a claim of ownership,
occupied or possessed by ICCs/IPs, by
themselves or through their ancestors,
communally or individually since time
immemorial...";
 ..."; the term "ancestral
land" means any "land
occupied, possessed and
utilized by individuals, families
and clans who are members of
the ICCs/IPs....".
 ICCs/IPs whose ancestral domains
have been officially delineated and
determined according to the
procedure set out in this Act shall be
issued a certificate of ancestral
domain title (CADT) in the name of the
community concerned, which shall be
registered before the Register of
Deeds.
 The rights of ownership and possession of
ICCs/IPs to their ancestral domains shall include:

(a) the right of ownership;

(b) the right to develop, control and use
lands and natural resources;
(c) the right to stay in the territories and
not to be removed therefrom;
(d) the right of resettlement in suitable
sites in case of displacement;
 The rights of ownership and possession
of ICCs/IPs to their ancestral domains shall
include:

(e) the right to regulate the entry of immigrants;

(f) the right to safe and clean air and water;
(g) the right to claim parts of reservations;
(h) the right to resolve land conflicts in
accordance with customary laws of the area
concerned (only in default thereof the
complaints shall be submitted to amicable
settlement and to the Courts of Justice ).
 The Act makes provision for
the establishment of the National
Commission on Indigenous Cultural
Communities/Indigenous Peoples
(NCIP), which shall serve as the
primary government agency for
the assistance of ICCs/IPs.
 The Commission shall :

(a) review and assess the

conditions of ICCs/IPs;
(b) formulate, coordinate and
implement policies, plans and
programs to promote and protect the
rights and well-being of the ICCs/IPs;
(c) request and engage services
of technical assistance;
 The Commission shall :

(d) issue certificate of

ancestral land/domain title;
(e) negotiate for funds and in
general be responsible for the
financial management and
coordination of the communities.
 (f) issue appropriate certification
as a pre-condition to the grant of
permit, lease, grant, or any other
similar authority for the disposition,
utilization, management and
appropriation by any private
individual, etc. on any part or portion
of the ancestral domain;
 (g) decide all appeals from
the decisions and acts of all the
various Offices within the
Commission;

(h) to promulgate the necessary

regulations and rules for the
implementation of the Act.
 Chapter X provides for
the creation of the Ancestral
Domains Fund to cover
compensation for
expropriated lands,
delineation and
development of ancestral
domains.
4.8. RA No. 10665- An Act
Establishing the Open High
School System in the
Philippines

Section 1. Title. This

Act shall be known as the
“ Open High School
System”
Section 2. Declaration of Policy.
It is hereby declared the policy
of the State
to broaden access to relevant quality
education through the employment of an
alternative secondary education program
that will enable the youth to
overcome personal, geographical,
socioeconomic and physical
constraints, to encourage them to
complete secondary education.
RA 10665
 Section 2. This is inline with the
constitutional policy that mandates
the State
to encourage non-formal,
informal and indigenous learning
systems as well as self-learning,
independent and out of school
study programs particularly those
that respond to community needs.

RA 10665
 Section 3. Definition of Terms
(a) Community Adviser or
Tagapayong Pansamahan
(b) Learning Center
(c) Mother High School or Inang
Paaralan
(d)Open High School Teacher
(e) Open Learning
(f) Source Person or Gurong
Kadluan
(g) Teacher Adviser or Gurong
RA 10665
Tagapatnubay
 Section 4. Establishment
of the Open High School
System.

The OPHSS is hereby established

as part of the Department of
Education’s alternative secondary
education to provide access to
secondary education through the
open learning
RA 10665 modality program.
 Section 5. Coverage.
This Act shall apply to public
secondary educational
institutions authorized to practice
open learning through self- instructional
materials, multi- channel learning and
school-family-community partnership as
well as other such institutions that shall be
authorized as qualified implementers of
the OHSS.

RA 10665
Section 6. Learners of the OHSS.
The OHSS shall be open to all youth and
adults who have finished elementary
education as well as high school
qualifiers of the Philippine
Educational Placement Test (PEPT)
and the Alternative Learning
System (ALS) Accreditation and
Equivalency (A and E) Test.

RA 10665
Thank you for
your time.