Legal bases of special and inclusive education

Legal Bases of Special and
Inclusive Education

OBJECTIVES
At the end of this topic, as a pre-service teacher, you are
expected to:
A. identify the legal bases in forming special and inclusive
education;
B. analyze situations which incorporates to the legal bases of
special and inclusive education; and
C. Highlight the importance of law imposition in the country
to develop effective and beneficial concepts in the
educational system.
2

TOTAL FREEDOM
or
COMPLETE AND
STRICT RESTRAINT?
3

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ARTICLE XIV
EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
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.
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 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; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency, and other skills.

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IMPLEMENTING RULES AND REGULATIONS OF THE ENHANCED BASIC EDUCATION ACT OF 2013
Inclusiveness of Enhanced Basic Education. In furtherance of Section 3 of the Act,
inclusiveness of enhanced basic education shall mean the implementation of
programs designed to address the physical, intellectual, psychosocial, and cultural
needs of learners, which shall include, but shall not be limited to, the following:
8.1. Programs for the Gifted and Talented.
8.2. Programs for Learners with Disabilities.
8.3. Madrasah Program.
8.4. Indigenous Peoples (IP) Education Program.
8.5. Programs for Learners under Difficult Circumstances.

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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
Section 26 Women. — ICC/IP women shall enjoy equal rights and opportunities with men, as regards the social, economic,
political and cultural spheres of life. The participation of indigenous women in the decision-making process in all
levels, as well as in the development of society, shall be given due respect and recognition.
The State shall provide full access to education, maternal and child care, health and nutrition, and housing
services to indigenous women. Vocational, technical, professional and other forms of training shall be provided to
enable these women to fully participate in all aspects of social life. As far as possible, the State shall ensure that
indigenous women have access to all services in their own languages.
Section 27 Children and Youth. — The State shall recognize the vital role of the children and youth of ICCs/IPs in nation-building
and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. Towards this end, the
State shall support all government programs intended for the development and rearing of the children and youth of
ICCs/IPs for civic efficiency and establish such mechanisms as may be necessary for the protection of the rights of
the indigenous children and youth.
Section 28 Integrated System of Education. — The State shall, through the NCIP, provide a complete, adequate and integrated
system of education, relevant to the needs of the children and young people of ICCs/IPs.

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GENERAL PRINCIPLES
Article 3 Rights of the Child. - All children shall be entitled to the rights herein set forth without distinction as to legitimacy
or illegitimacy, sex, social status, religion, political antecedents, and other factors.
(3) Every child has the right to a well-rounded development of his personality to the end that he may become a
happy, useful and active member of society.
- The gifted child shall be given opportunity and encouragement to develop his special talents.
- The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and
shall be entitled to treatment and competent care.
- The physically or mentally handicapped child shall be given the treatment, education and care required by his
particular condition.
(6) Every child has the right to an education commensurate with his abilities and to the development of his skills
for the improvement of his capacity for service to himself and to his fellowmen.
Article 12 Education. - The schools and other entities engaged in non-formal education shall assist the parents in
providing the best education for the child.
CHILD AND YOUTH WELFARE AND EDUCATION
CHAPTER I - Access to Educational Opportunities
Article 71 Admission to Schools
Article 72 Assistance.
Article 74 Special Classes.

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AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING
PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES.
ARTICLE IX - Children of Indigenous Cultural Communities
Sec. 17 Survival, Protection and Development.
Sec. 18 System of and Access to Education.

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AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING
THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
TITLE III- PREVENTION OF JUVENILE DELINQUENCY
CHAPTER 1- THE ROLE OF THE DIFFERENT SECTORS
SEC.
12.
The Family. – The family shall be responsible for the primary nurturing and rearing of
children which is critical in delinquency prevention. As far as practicable and in
accordance with the procedures of this Act, a child in conflict with the law shall be
maintained in his/her family.
SEC.
13.
The 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.

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An Act Amending Republic Act No. 7277 Magna Carta for Persons with Disability as Amended, and For Other Purposes’
Article
6.7
Educational Privileges. –
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:
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.
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
guidelines issued by the DEPED, CHED and TESDA.

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AN ACT ESTABLISHING THE OPEN HIGH SCHOOL SYSTEM IN THE
PHILIPPINES AND APPROPRIATING FUNDS THEREFOR
SEC.
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. This is in line 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”, as stated in Article XIV, Section 2, paragraph
4 of the 1987 Constitution.

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An Act Providing For The Rehabilitation, Self-Development And Self-
Reliance Of Disabled Person And Their Integration Into The
Mainstream Of Society And For Other Purposes.
CHAPTER 2 – Education
SECTION 12 Access to Quality Education
SECTION 14 Special Education
SECTION 17 State Universities and Colleges.

Week 8
Principles, Policies,
and Dimensions

OBJECTIVES
At the end of this topic, as a pre-service teacher,
you are expected to:
A. identify the different programs implemented for
special and inclusive education;
B. discuss the transition program model; and
C. Determine the impact of these programs in
intensifying inclusive and special education in the
Philippines.
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PROGRAMS FOR SPECIAL
EDUCATION
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EARLY INTERVENTION
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It focuses on skills in these five areas:
• Physical skills (reaching, crawling,
walking, drawing, building)
• Cognitive skills (thinking, learning,
solving problems)
• Communication skills (talking, listening,
understanding others)

PHILIPPINE MODEL - MAINSTREAMING
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Types of Mainstreaming
1. Partial mainstreaming towards inclusion
- students are educated in regular classes at least half the day
- receive additional help or specialized services
- pull-out from time to time
2. Full mainstreaming or inclusion
- complete regular instruction
- receive all special service in general classroom
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i) daily living skills
ii) personal and social skills
iii) occupational guidance and
preparation
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SUSTAINING
PROGRAMS
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• Establishment of 276 Special
Education Centers nationwide
• Provision of SPED items
• Downloading of funds

NATIONAL IP EDUCATION POLICY
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➢ maintain an education system that will recognize,
protect, and promote the rights and welfare of
ICCs/IPs, as well as equip them with the
knowledge and skills needed to face various social
realities and challenges
➢ to develop and implement IP education
interventions in order to address and incorporate
their special needs, histories, identities,
languages, knowledge, and other aspects of their
culture, as well as their social, economic, and
cultural priorities and aspirations

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will be the most
effective among
these?
Which do
you
think…

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Legal bases of special and inclusive education

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Legal bases of special and inclusive education