ED 104
Legal Bases of Special Education
1. Vision-
“The State, community and family hold a common vision for the Filipino child with special
needs. By the 215t century, it is envisioned that he/she could be adequately provided with
basic education. This education should fully realize his/her own potentials for development
and productivity as well as being capable of self-expression of his/her rights in society.
More importantly, he/she is God-loving and proud of being a Filipino.
2. Policy
The policy on Inclusive Education for All is adopted in the Philippines to accelerate access
to education among children and youth with special needs. Inclusive education forms an
integral component of the overall educational system that is committed to an appropriate
education for all children and youth with special needs.
3. Goal
The goal of the special education programs of the Department of Education all over the
country is to provide children with special needs appropriate educational services within
the mainstream of basic education. The two-pronged goal includes the development of
key strategies on legislation, human resource development, family involvement and active
participation of government and non- government organizations. Likewise, there are major
issues to address on attitudinal barriers of the general public and effort towards the
institutionalization and sustainability of special education programs and services.
A. Special education aims to:
a. Provide a flexible and individualized support system for children and
youth with special needs in a regular class environment in schools
nearest the students’ home.
b. Provide support services, vocational programs and work training,
employment opportunities for efficient community participation and
independent living.
c. Implement a life-long curriculum to include early intervention and parent
education, basic education and transition programs on vocational training
or preparation for college and
d. make available an array of educational programs and services: The
Special Education Center built on "a school within a school concept" as
the resource center for children and youth with special needs; inclusive
education in regular schools, special and residential schools; homebound
instruction, hospital instruction and community-based programs;
alternative modes of service delivery to reach the disadvantaged children
in far-flung towns, depressed areas and underserved barangays.
4.
-The 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 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."
-Republic Act No. 3562, "An Act to Promote the Education of the nes" 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,
-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.
-Section 24 “Special Education Service” of the same law affirms 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.
-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 I 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.”
-1989, R.A. No. 6759 was enacted. The law declared August 1 of each year as
“White Cane Safety Day in the Philippines.”
-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.”
 -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.
-The year 2004 ushered in a landmark legislation spearheaded by the
Department of Health, Republic Act No. 9288 otherwise known as “The New-
born Screening Act of 2004• Individual with Disabilities Education Act (IDEA)
of the United States
-In 1975, Public law 94 -142, the Individual with Disabilities Education Act
(IDEA) was enacted in the United States. The IDEA is a wide-ranged legislation
ensuring the services including the education of children with disabilities
throughout the nation. IDEA governs how the states provide the PWD’s who are
between the ages of 3 to 21, early intervention, special education and related
services.
5. The Six Major Principles in organizing and implementing special education
programs (Heward, 2003):
a. 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.
b. Non-discriminatory 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.
c. Appropriate education. Schools must develop and implement on
individualized education program (IEP) for each student with a disability.
Least Restrictive Environment. School must educate students with
disabilities,
d. Due process. Schools must provide safeguards to protect the right of
children with disabilities and their parents by ensuring due process, c
e. Parent participation. Schools must collaborate with the parents of students
with disabilities in the design and implementation of special education
services.
6. 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:
a. 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.
b. Recalling. The several United Nations declarations culminating in the 1993
United Nations Standard Rules on the Equalization of Opportunities for
Persons with Disabilities
c. Noting. With satisfaction the increased involvement of governments,
advocacy groups, community and parent groups, as evidence of this
involvement the active participation of high-level representatives of numerous
governments, specialized agencies and intergovernmental organizations in
this World Conference.
7. Special Education
-The practice of educating student in a way that accommodates their individual
differences, disabilities and special needs. Involves the individually planned and
systematically monitored arrangements of teaching procedures. (Demerits: Destroys
confidence/isolation)
8. Inclusive Education
-Providing education to especially abled students along with normal students and by
providing facilities and normal atmosphere as given to normal students.
9. Integrated Education
-It is a system of providing formal education for differently able students in the
mainstream institutions, but in separate classrooms exclusively formed only for
differently abled students.
10. Disability, impairment and Handicap
a. Impairment- any loss or abnormality of physiological, psychological or anatomical
structure or function. (Being Born Blind)
b. Disability- any restriction or lack of ability to perform an activity in the manner
considered as normal being. (Blind person who cannot read)
c. Handicap- the result when an individual with an impairment cannot fulfill a normal
life role. (blind who cannot got to school)
11. Individuals that contribute to SEd
a. Fred Atkinson- found in census about deaf and blind.
b. David Barrow- Director of Public Education
c. Delia Rice- American Educator, first administrator and teacher of the special school
d. Maria Villa Francisco- first Filipino principal (SDB)