ED 104 4.

Legal Bases of Special Education

1. Vision- -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 State, community and family hold a common vision for the Filipino child with special "the right of every child to live in an atmosphere conducive to his physical, moral and
needs. By the 215t century, it is envisioned that he/she could be adequately provided with intellectual development" and the concomitant duty of the government "to promote the
basic education. This education should fully realize his/her own potentials for development full growth of the faculties of every child."
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. -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
2. Policy blind children at the Philippine Normal College, the rehabilitation of the Philippine
The policy on Inclusive Education for All is adopted in the Philippines to accelerate access National School for the Blind (PNSB) and the establishment of the Philippine
to education among children and youth with special needs. Inclusive education forms an Printing House for the Blind.
integral component of the overall educational system that is committed to an appropriate -Republic Act No. 5250, “An Act Establishing a Ten-year Teacher Training
education for all children and youth with special needs. 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-
3. Goal hearing, with speech impairment, socially and emotionally disturbed, intellectually
disabled and mentally gifted children and youth at the Philippine Normal College
The goal of the special education programs of the Department of Education all over the and the University of the Philippines,
country is to provide children with special needs appropriate educational services within -The Education Act of 1982 or Batas Pambansa Bilang 232 states that “the
the mainstream of basic education. The two-pronged goal includes the development of state shall promote the right of every individual to relevant quality education
key strategies on legislation, human resource development, family involvement and active regardless of sex, age, breed, socioeconomic status, physical and mental
participation of government and non- government organizations. Likewise, there are major condition, social and ethnic origin, political and other affiliations.
issues to address on attitudinal barriers of the general public and effort towards the -Section 24 “Special Education Service” of the same law affirms that “the State
institutionalization and sustainability of special education programs and services. further recognizes its responsibility to provide, within the context of the formal
education system services to meet special needs to certain clientele.
A. Special education aims to:
-1983, Batas Pambansa Bilang 344 was enacted. The Accessibility Law, “An
a. Provide a flexible and individualized support system for children and
Act to Enhance the Mobility of Disabled Persons” requires cars, buildings,
youth with special needs in a regular class environment in schools
institutions, establishments and public utilities to install facilities and other devices
nearest the students’ home.
for persons with disabilities.
b. Provide support services, vocational programs and work training,
-The 1987 Constitution of the Philippines cites the rights of exceptional children
employment opportunities for efficient community participation and
to education in Article XIV.
independent living.
-Section I declares that the “State shall protect and promote the right of
c. Implement a life-long curriculum to include early intervention and parent
all citizens to quality education at all levels and shall take appropriate steps to
education, basic education and transition programs on vocational training
make such education accessible to all.
or preparation for college and
Section 2 emphasizes that “the State shall provide adult citizens, the
d. make available an array of educational programs and services: The
disabled and out-of-school youth with training in civics, vocational efficiency and
Special Education Center built on "a school within a school concept" as
other skills.”
the resource center for children and youth with special needs; inclusive
-1989, R.A. No. 6759 was enacted. The law declared August 1 of each year as
education in regular schools, special and residential schools; homebound
“White Cane Safety Day in the Philippines.”
instruction, hospital instruction and community-based programs;
-1992, R.A. No. 7610 was enacted. The law is “An Act Providing for Strong
alternative modes of service delivery to reach the disadvantaged children
Deterrence and Special Protection Against Child Abuse, Exploitation and
in far-flung towns, depressed areas and underserved barangays.
Discrimination, Providing Penalties for Its Violation and Other Purposes.”
 -1992, RA 7277 was enacted. The law is “An Act Providing for the Rehabilitation, b. Recalling. The several United Nations declarations culminating in the 1993
Self-development, Self-reliance of Disabled Person and their Integration into the United Nations Standard Rules on the Equalization of Opportunities for
Mainstream of Society and for Other Purposes” otherwise known as the Magna Persons with Disabilities
Carta for Disabled Person. c. Noting. With satisfaction the increased involvement of governments,
-The year 2004 ushered in a landmark legislation spearheaded by the advocacy groups, community and parent groups, as evidence of this
Department of Health, Republic Act No. 9288 otherwise known as “The New- involvement the active participation of high-level representatives of numerous
born Screening Act of 2004• Individual with Disabilities Education Act (IDEA) governments, specialized agencies and intergovernmental organizations in
of the United States this World Conference.
-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 7. Special Education
ensuring the services including the education of children with disabilities
throughout the nation. IDEA governs how the states provide the PWD’s who are -The practice of educating student in a way that accommodates their individual
between the ages of 3 to 21, early intervention, special education and related differences, disabilities and special needs. Involves the individually planned and
services. systematically monitored arrangements of teaching procedures. (Demerits: Destroys
confidence/isolation)
5. The Six Major Principles in organizing and implementing special education 8. Inclusive Education
programs (Heward, 2003):
a. Zero reject. Schools must enroll every child, regardless of the nature or -Providing education to especially abled students along with normal students and by
severity of his or her disabilities; no child with disabilities may be excluded providing facilities and normal atmosphere as given to normal students.
from a public education.
b. Non-discriminatory testing. Schools must use non-biased, multi-factored 9. Integrated Education
methods of evaluation to determine whether a child has a disability and, if so,
-It is a system of providing formal education for differently able students in the
whether special education is needed.
mainstream institutions, but in separate classrooms exclusively formed only for
c. Appropriate education. Schools must develop and implement on
differently abled students.
individualized education program (IEP) for each student with a disability.
Least Restrictive Environment. School must educate students with 10. Disability, impairment and Handicap
disabilities,
d. Due process. Schools must provide safeguards to protect the right of a. Impairment- any loss or abnormality of physiological, psychological or anatomical
children with disabilities and their parents by ensuring due process, c structure or function. (Being Born Blind)
e. Parent participation. Schools must collaborate with the parents of students
b. Disability- any restriction or lack of ability to perform an activity in the manner
with disabilities in the design and implementation of special education
considered as normal being. (Blind person who cannot read)
services.
c. Handicap- the result when an individual with an impairment cannot fulfill a normal
6. UNESCO Salamanca Statement life role. (blind who cannot got to school)
-The Salamanca Statement and Framework for Action on Special Needs Education, 11. Individuals that contribute to SEd
the World Conference on Special Needs Education: Access and Quality, Salamanca,
Spain, 7-10 June 1994. a. Fred Atkinson- found in census about deaf and blind.

Main provisions relating to right to education: b. David Barrow- Director of Public Education
a. Reaffirming. The right to education of every individual, as enshrined in the c. Delia Rice- American Educator, first administrator and teacher of the special school
1948 Universal Declaration of Human Rights, and renewing the pledge
made by the world community at the 1990 World Conference on Education d. Maria Villa Francisco- first Filipino principal (SDB)
for All to ensure that right for all regardless of individual differences.