Legal Basis of Special Education

by JOHANN C. CAWALING

Special Education in the Philippines has developed consciousness to the different sectors of society. It has reached out its concern to the children with special needs. Major laws are enacted aimed to protect the rights and welfare of these children with special needs.

Special Education for children with special needs however, has not merited attention from regular instruction. It is therefore the concerned agencies and sectors to work harder in order to give special children equal opportunities in education and develop their capabilities to be empowered.

The 1987 Constitution of the Republic of the Philippines clearly states in Article 13, Sec. 13 that “the State shall establish a special agency for disabled persons for their rehabilitation, self-development and self-reliance, and their integration into the mainstream of society”.

Article 14, Sec. 1 also states 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. Furthermore, it can also be noted in Sec. 2(5) that, “the State shall provide adult citizens, the disabled and out-of-school youth with training in civics, vocational efficiency and other skills”.

Aside from the 1987 Constitution, there are other major laws approved to ensure the protection of children with special needs.

Batas Pambansa 232, known as the Education Act of 1982, Chapter 2, Sec. 3 states that “the State shall promote the right of every individual to relevant quality education regardless of sex, age, creed, socio-economic status, physical and mental conditions, racial or ethnic origin, political or other affiliation. The State shall therefore promote and maintain equality of access to education as well as the enjoyment of the benefits of education by all its citizens.

In Sec. 24 of the same chapter states that “the State further recognizes its responsibility to provide within the context of the formal system, services to meet special needs of certain clientele. These specific types, which shall be guided by the policies of the State embodied in the General Provisions of this Act which include: (2) Special Education, the education of persons who are physically, socially, or culturally different from the so called “normal” individuals that they require modification of school practices/services to develop them to their maximum capacity”.

There are also provisions which are stated in P.D. 603 (known as The Child and Youth Welfare Code), Article 3, Rights of the Child describes that “the emotionally disturbed or socially maladjusted child shall be treated with sympathy and under-standing and shall be entitled to treatment and competent, and the physically or mentally handicapped child shall be given the education and care required by his particular condition.” It can also be noted in Article 74 which states that “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.”

With deep concern and concerted efforts of those who are advocating the plight of children with special needs, the enactment of Republic Act 7277 (Magna Carta for Disabled Persons) has paved its way to achieve an environment which is secured and barrier-free that will lead to develop them fully to attain a healthy, productive and stabilized life. /MP