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.