Legal Bases Common Goals Related

to Special and Inclusive

Education
The 1987 phil. Section 1. The State
Constitution, Art XIV, shall protect and
sec 1&2 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
(2) Establish and
maintain, a system of
free public education in
elementary and high
school levels. Without
limiting the natural
rights of parents to
rear their children,
elementary education
is compulsory for all
children of school age.
(4) 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 10533 Enhanced SEC. 4. Enhanced Basic
Basic Education Act – Education Program. —
Including ALS and The enhanced basic
learners with special education program
Needs encompasses at least
one (1) year of
kindergarten
education, six (6) years
of elementary
education, and six (6)
years of secondary
education, in that
sequence. Secondary
education includes four
 (4) years of junior high
school and two (2)
years of senior high
school education.
RA 8371 Indigenous Section 28 - Integrated
people’s right act. System of Education

State shall provide a

complete, adequate,
and integrated system
of education, relevant
to the needs of the
children and young
people of ICCs/IPs;
shall work, in
collaboration with the
DECS,CHED and with
private and public
schools at all levels
towards the
development of
appropriate programs
and projects related to
the following:
equitable distribution,
selection and
implementation of
scholarship programs
Training of teachers for
IP communities
construction of school
buildings in IP .

PD 603 Art.72 . Assistance

To Implement effective
the compulsory
education policy. All
necessary possible shall
be given to parents ,
specially indigent ones
or there who need the
services of children at
home, enable the
children to acquire at
 least an elementary
education.

Art.74. Special Classes

Where needs
warranty , 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.

Art.174. Training and

Opportunities for
Disabled Children

Specialized educational
Services shall be
expanded and
improved to provide
appropriate
opportunities for
disabled children
RA 7610 special ARTICLE VIII
protection against
Child Abuse and Working Children
exploitation
Section 13. Non-formal
Education for Working
Children. – The
Department of
Education, Culture and
Sports shall promulgate
a course design under
its non-formal
education program
aimed at promoting
the intellectual, moral
and vocational
efficiency of working
children who have not
undergone or finished
elementary or
 secondary education.

ARTICLE IX
Children of Indigenous
Cultural Communities
Section 18. System of
and Access to
Education. – The
Department of
Education, Culture and
Sports shall develop
and institute an
alternative
system of education for
children of indigenous
cultural communities
which should be
culture-specific and
relevant to the needs
of and the
existing situation in
their communities. The
Department of
Education,
Culture and Sports shall
also accredit and
support non-formal but
functional indigenous
educational programs
conducted by non-
government
organizations in said
communities.
RA 9344 Juvenile SEC. 13. The
justice and welfare act Educational System. –
Educational institutions
shall work together
with families,
community
organizations and
agencies in the
prevention of juvenile
delinquency and in the
rehabilitation and
reintegration of child in
conflict with the law.
Schools shall provide
adequate, necessary
 and individualized
educational schemes
for children
manifesting difficult
behavior and children
in conflict with the law.
In cases where children
in conflict with the law
are taken into custody
or detained in
rehabilitation centers,
they should be
provided the
opportunity to
continue learning
under an alternative
learning system with
basic literacy program
or non- formal
education accreditation
equivalency system.
Ra 9442 Magna Carta Section 6. Other
for disabled persons Privileges and
Incentives

6.7 Educational
Privileges. –
Educational assistance
to persons with
disability, for them to
pursue primary,
secondary, tertiary,
post tertiary, as well as
vocational or technical
education in both
public and private
schools through the
provision of
scholarships, grants,
financial aids, subsidies
and other incentives to
qualified persons with
disability, including
support for books,
learning materials, and
uniform allowance, to
the extent feasible:
 Provided, that persons
with disability shall
meet the minimum
admission
requirements set by
the Department of
Education (DEPED),
Commission on Higher
Education Department
(CHED), Technical
Education and Skills
Development Authority
(TESDA) and other
entities engaged in the
grant of scholarship
and financial assistance
for the education of
persons with disability.
For the purposes of this
rule, primary education
shall include nursery
and kindergarten
whether in private or
public school. The
source of funding in
addition to the Private
Education Student
Financial Assistance
(PESFA) fund
scholarship for the
implementation of the
above shall be the one
percent (1%) allocation
for persons with
disability in DEPED,
CHED, TESDA and other
training and
educational
government agencies
as required by General
Appropriation Act,
subject to the guid
RA 10665 open high
school system act.
RA 7277 Rehabilitation, CHAPTER 2 – Education
and integration of
Disabled person in SECTION 12. Access to
mainstream society Quality Education : The
State shall ensure that
disabled persons are
provided with
adequate 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
institutions 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
education policies and
program. 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,
of auxiliary services
that will facilitate the
learning process for
disabled persons.

SECTION 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. 6728 shall be set
aside for disabled
students pursuing
vocational or technical
and degree courses.

SECTION 14. Special

Education : The State
shall establish,
maintain and support a
complete, adequate
and integrated system
of special education for
the visually impaired,
hearing impaired,
mentally retarded
persons and other type
of exceptional children
in all regions of the
country. Towards this
end, the Department of
Education, Culture and
Sports 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.

SECTION 15. Vocational

or Technical and Other
Training Programs : The
State provide disabled
persons with training in
civics, vocational
efficiency, sports and
physical fitness, and
other skills. 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
program specifically
designed for disabled
persons taking into
consideration the
nature of their
handicap.

SECTION 16. Non-

Formal Education : The
State shall develop
nonformal education
programs intended for
the total human
development of
disabled persons. It
shall provide adequate
resources for non-
formal education
programs and projects
that cater to the
special needs of
disabled persons.

SECTION 17. State

Universities and
Colleges : If viable and
needed, the State
Universities or State
Colleges 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; and (c) the
research on special
problems, particularly
of the visually-
impaired, hearing-
impaired, and
orthopedically-
impaired students,
mentally retarded, and
multi-handicapped and
other, 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. The
National Government
shall provide these
state universities and
colleges with the
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.