Philippine Laws Pertaining to the Rights of Persons with Disabilities
Republic Act 5250 Growing
social concern for the welfare and integration of PWD voiced by parents and advocates including legislations led to the enactment of the law in 1968 Established a 10-year training program for teachers and led to the admission of children with disabilities into regular public schools. However, without appropriate school and parental support, these children had difficulty coping with the regular classes and
PD 603 Child and Youth Welfare Code
Article 3, the emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care; and the physically or mentally handicapped child shall be given the education and care required by his particular condition. Article 74 , Where needs warrant, there shall be at least one special class 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. General Rights include: 1. 2. 3. 4.
Rights of the child – well rounded development to be useful in society Right to education and improvement of skills Admission to schools Vocational training and occupational placement for PWD
Education Act of 1982 Sec
1 states that the educational system is directed towards national development and culture, and that education should be provided to all so as to encourage participation in nation building.
Provides
for a multi-sectoral thrust in the implementation of inclusion education by mandating the schools to provide for the establishment of appropriate bodies that would discuss issues and promote their interest.
1987 Constitution of the Republic of the Philippines
The Constitution mandates the State to “encourage non-formal, informal and indigenous learning system, as well as self-learning, independent and out-of-school study programs, and to provide adult citizens, the disabled and out-of-school youths with training on civics, vocational efficiency and other skills.” Art. 14, Sec 1, 2 & 4 states: 1. The right of all to accessible quality education at all levels 2. The establishment of a system of scholarship and incentive 3. The provision for training in civics and vocational skills 4. The recognition of complementary roles of public
Policies and Guideline for Special Education and the Regulation and Standards for Special Schools in the Philippines Defines
the Philosophy, Objectives, Guiding Principles of Special Education in the Philippines
Provides
the Administrative Policies of in Establishing Special Schools in the Public and Private Sector
RA 7610 Special Protection of Children against Abuse, Exploitation and Discrimination
Defines the rights of children with special needs Identifies the specific Provisions for the Protection, Promotion, and Participation of children with special needs
EFA Philippine Plan of Action Proclamation No. 855 issued on January 31, 1992 in response to the Copenhagen Declaration and the EFA Declaration and Framework Provided the national policy framework for a universally accessible educational system. The EFA strategy seeks to address the problems of limited access to basic education for groups that are at least served by the educational system and those who enter the system but drop out, or at high risk of dropping out before achieving basic
World Conference on Special Needs Education held in Salamanca, Spain in June 1994
adopted gave
the policy on inclusion education
rise to the Salamanca Statement and Framework of Action on Special Needs Education that subscribes to the fundamental principle that “all children should learn together, wherever possible, regardless of any difficulties or differences they may have.”
SUMMARY OF PHILIPPINE LAWS RELATED TO INCLUSION EDUCATION 1.
2.
3.
4.
5.
Child and Youth Welfare Code (1974) Education Act of 1982
Magna Carta for Disabled Persons (1992)
Philippine Plan of Action for Children (1992-1998)
Handbook on Policies and Guidelines on Special Education (1997)
Free primary and high school Re-structuring elementary education
Right of entry to any educational institutions; provision of quality services in health, welfare and employment
Universal access to free primary and secondary education
Operational guidelines for teachers and educational institutions
Unifying all government efforts to provide education and welfare
SPED Programs and Educational services come in several forms: 1. Resource room plan The child is enrolled in the regular school program but goes to a resource room to use the specialized equipment either in a tutorial situation or in a small group. The resource room teacher functions both as an instructor and as a consultant. The usual procedure is for the trained resource room teacher to serve the area of exceptionality. 2. Itinerant teacher plan An itinerant or traveling teacher serves one or more regular schools depending on how many pupils need special help. The teacher gives direct and consultative services to children and in addition, observes, diagnoses, makes referrals and evaluates performance. 3. Special class plan (Self-contained with provision for mainstreaming) Aimed at children with more severe problems which makes it difficult for them to learn in a regular classroom setting. At times, they may be with their normal peers, but are usually not in an academic situation. 4. Special education center The “school-within-a-school” concept. The Center is administered by a principal and operated according to the rules and regulations that govern a regular school. The Center functions as a Resource Center to support children with special needs in regular schools, assists in the conduct of school-based INSET, produces appropriate teaching materials, and conducts continuous assessment of CSNs. 5. Special day school This type of school serves specific types of children with moderate to severe disabilities. A
Alternative Educational Models for Children with Special Needs 1.
Home-based Instruction
To reach those who cannot be served in a school-based or center-based program utilizing parents as primary means in intervention strategy for early and compensatory measure of education and rehabilitation. Continuing parent education is crucial to improve the family’s involvement in the child’s education. 2.
Hospital instruction
For the severely emotionally disturbed, the profoundly retarded , the crippled, those with chronic and/or serious health disabilities, and recovering patients. Services include both bedside tutoring and group instructions. When a patient has recovered and returned home, he/she is enrolled in a regular school. 3.
Community-based delivery system
For those who reside in distant communities and cannot avail themselves of existing special education programs reached by teachers, para-teachers or volunteers who were trained to teach the basic 3 Rs and self-help activities 4.
Vocational Program
DepEd Law, Policies, and Administrative Order : The policy of inclusion education has been enunciated in a number of implementing orders issued by the Secretary of Education during the last few years.
Department Order No. 126, s. 1990, the national implementation of the Parent Learning Support System (PLSS).
Department Order No. 1, s. 1997 or Organization of a Regional SPED Unit and Designation of a Regional Supervisor in-charge of Special Education which enjoins the Regional Directors to designate a full-time Regional Supervisor In-charge of Special Education and to organize a SPED unit. The SPED unit includes representatives from the elementary education, secondary education and alternative learning system, tasked with assisting in the formulation and implementation of policies, programs and projects on special education.
Department Order No. 26, s. 1997 or Institutionalization of SPED Programs in All Schools which institutionalizes the provision of equal educational opportunities to children with disabilities through special needs education. To be provided through the formal system and other alternative delivery services in education. It also requires all divisions to
DepEd Law, Policies, and Administrative Order :
Department Order No. 14, s. 1993 or Regional Special Education Council which authorizes the regional directors to organize a Regional Special Education Council (RSEC) and tasked with the following: 1. formulate and coordinate the implementation of policies, plans and programs in the region; 2. organize regional SPED training team which shall conduct in-service training at the regional and sub-regional 3. establish linkages with GOs and NGOs for either financial or human resources support.
Department Order No. 5, s. 1998 or Reclassification of Regular Teacher and Principal Items to Special Education (SPED) Teacher and Special School Principal which authorizes the implementation of salary grades for SPED teachers and special principals as contained in the Revised Compensation and Position Classification System in the Government Act.
Magna Carta for the Disabled Rights and privileges of the disabled persons : 1. Health and auxiliary services; vocational rehabilitation; counseling and guidance 2. Accessibility; public facilities ; telecommunication; postal 3. Nondiscrimination – political and civil rights; employment 4. Adequate access to quality education and special education in cities or municipalities to have ample opportunities to develop their skills 5. 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
REPUBLIC ACT NO. 9442 approved 30 APRIL 2007 CHAPTER 8., SEC. 32. Other Privileges and Incentives for the exclusive use or enjoyment of Persons with disability: At least a minimum of 20% discount : 1. from all establishments relative to the utilization of all services in hotels and similar lodging; restaurants and recreation centers 2. on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement 3. for the purchase of medicines in all drugstores 4. on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the DOH, in coordination with the PHILHEALTH 5. on medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH; 6. on fare for domestic air and sea travel ; in public transpo like railways, skyways and bus fare
To the extent practicable and feasible, the continuance of the same benefits and privileges given by the GSIS, SSS, and PAG-IBIG, as enjoyed by those in actual service;
To the extent possible, the government may grant special discounts in special programs on purchase of basic commodities, subject to the guidelines issued by the DTI and the DA
REPUBLIC ACT NO. 9442 approved 30 APRIL 2007
Educational assistance to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, in both public and private schools , through scholarships, grants, financial aids, subsidies and other incentives to PWD who meets the minimum requirements; including support for books, learning material, and uniform allowance to the extent feasible.
The abovementioned privileges are available only to PWD who are Filipino citizens upon submission of any of the ff as proof of his/her entitlement thereto: 1. An identification card issued by the city or municipal mayor or the barangay captain of the place where the persons with disability resides; 2. The passport of the persons with disability concerned; or 3. Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP).
The privileges may not be claimed if the PWD claims a higher discount as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s.
The establishments may claim the discounts granted as tax deductions based on the net cost of the goods sold or services rendered: Provided, that the total amount of the claimed tax deduction net of value-added tax if applicable, shall be included in their gross sales receipts for
REPUBLIC ACT NO. 9442 approved 30 APRIL 2007
SEC. 33. Incentives - Those caring for and living with a person with disability shall be granted the following incentives: 1. PWDs shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, individual taxpayers caring for them shall be accorded the privileges granted by the code insofar as having dependents under the same section are concerned; and 2. Individuals or NGOs establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following: 1. Realty tax holiday for the first five years of operation; 2. Priority in the building and/or maintenance of provincial or municipal roads leading to the said home, residential community or retirement village.
REPUBLIC ACT NO. 9442 approved 30 APRIL 2007
Title Four : Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability
CHAPTER 1, SEC. 39. Deliverance from Public Ridicule Public Ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of PWD whether in writing, or in words, or in action due to their impairment/s.
SEC. 40. No individual, group or community shall execute any of these acts of ridicule in any time and place which could intimidate or result in the loss of their self-esteem .
CHAPTER 2. SEC 41. Deliverance from Vilification shall be defined as: 1. The utterance of slanderous and abusive statements against a PWD; and/or 2. An activity in public which incites hatred towards, serious contempt for, or severe ridicule of a PWD
REPUBLIC ACT NO. 9442 approved 30 APRIL 2007 SEC. 3. Section 46 Penal Clause - Any person who violates any provision of this Act shall suffer the following penalties: 1) For the first violation, a fine of not less than P50,000 but not exceeding P100,000 or imprisonment of not less than 6 mos but not more than 2 years, or both at the discretion of the court; 2) For any subsequent violation, a fine of not less than P100,000 but not exceeding P200,000 or imprisonment for not less than 2 yrs but not more than 6 yrs, or both at the discretion of the court.
Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than 6 mos or a fine of not less than P5,000, but not more than P50,000, or both, at the discretion of the court.
If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore.
If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.
Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act.
