Eighteenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.
[ REPUBLIC ACT NO. 11650, March 11, 2022 ]
AN ACT INSTITUTING A POLICY OF INCLUSION AND SERVICES FOR LEARNERS WITH DISABILITIES IN SUPPORT OF INCLUSIVE EDUCATION, ESTABLISHING INCLUSIVE LEARNING RESOURCE CENTERS OF LEARNERS WITH DISABILITIES IN ALL SCHOOL DISTRICTS, MUNICIPALITIES AND CITIES, PROVIDING FOR STANDARDS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title
This Act shall be known as the "Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of Inclusive Education Act".
Section 2. Declaration of Policy
It is the policy of the State to 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. It shall recognize , protect, and promote the rights of all learners with disabilities, including those belonging to ethnic, religious, or linguistic minorities or persons of indigenous origin, to education compulsory and accessible to them by ensuring that no learner with disability is deprived of the right of access to an inclusive, equitable, and quality education, and promote lifelong learning opportunities for them.
The whole-of-community approach shall be adopted for the inclusion of learners with disabilities in the general education system and the community to facilitate collaborative action in and by the school community, the academe, and other stakeholders; public or private, to foster the involvement and participation of every sector, especially the organizations of persons with disabilities, the learners with disabilities, and their parents, guardians, and other membes of their families.
Towards this end, the State shall encourage learning institutions, including higher learning institutions and technical and vocational institutions, to take into consideration the diverse needs of learners with disabilities with respect to the use of school facilities, class schedules and physical education requirements, and promote and support their provision of services that will facilitate the learning process of learners with disabilities. The State shall further recognize the right of learners with disabilities to the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health, and ensure that no learner with disability is deprived of protection and the right of access to such health care and rehabilitation services.
The State likewise recognizes the vital role of learners with disabilities in society as an integral part of national development strategies. It shall accordingly guarantee their social protection, and facilitate their active participation and inclusion in public, civic, and State affairs.
Section 3. Objectives
This Act shall pursue to the following objectives:
Section 4. Definition of Terms
As used in this Act, the following shall be defined as follows:
Section 5. Inclusion Policy for Learners with Disabilities in Public and Private Schools
The policy of inclusion is hereby instituted in all early and basic education schools, both public and private. All schools, whether public or private, shall ensure equitable access to quality education to every learner with disability, such that no learner shall be denied admission on the basis of disability.
For this purpose, the implementing rules and regulations shall provide the minimum services and conditions that must be included in the admissions systems and policies of all school, including, but not limited to, the provision of assistive devices, facilities and infrastructure in the admission process, and other forms of reasonable accommodation.
All learners with disabilities, whether enrolled in public or private schools, shall be accorded services and reasonable accommodation based on the IEP and shall have the right to avail of the appropriate support and related services under Section 7 of this Act.
Section 6. Establishment of ILRCs
The DepEd, in collaboration with local government units (LGUs), shall initially establish and maintain at least one (1) ILRC in all cities and municipalities:Provided,That in cities and municipalities requiring the establishment of such ILRCs shall be established based on the multi-year roadmap, or as resources may allow. All existing SPEC Centers shall be converted to and renamed as "Inclusive Learning Resource Center".
The LGUs may establish satellite ILRCs in schools, the operations and maintenance of which shall be included in the School Improvement Plan (SIP). The SIP refers to a roadmap that lay down the school's specific interventions and solutions to corresponding identified priority improvement areas and aims to improve the three (3) key result areas in basic education: access, quality, and governance.
Private early or basic education schools may likewise establish additional facilities needed for the education of learners with disabilities in coordination with ILRCs within their cities or municipalities:Provided,That the DepEd shall provide the minimum standards for compliance to be considered an ILRC:Provided, further,That the DepEd shall provide non-monetary incentives, such as seal of excellence awards scheme to LGUs and schools to encourage the establishment and maintenance of better ILRC services and facilities.
All ILRCs and the additional facilities established pursuant to this Act shall comply with the requirements of Batas Pambansa Blg. 344, otherwise known as the "Accessibility Law" and adopt the universal design and UDL concepts as defined as Section 4(u) and (v) hereof.
Section 7. Functions of the ILRC
The ILRC shall deliver free support and related services towards the fulfillment of the goals of inclusive education. It shall:
Section 8. Hiring of ILRC Personnel; Functions
In addition to teachers with special training, special needs education teachers, para-teachers, learning support aides, licensed social worker, and other allied professionals with the knowledge, skills, and special training in interacting and dealing with learners with disabilities, the DepEd shall hire the necessary personnel and support staff, including qualified persons with disabilities, to operate, administer, and oversee the ILRC.
Each ILRC shall have an ILRC Supervisor and a multidisciplinary team, and supported by mobile teachers, a mobile multidisciplinary team, and supported by mobile teachers, a mobile multidisciplinary team, and para-teachers wherever necessary. They shall have the following functions:
To ensure the effective implementation of this Act, the DepEd, Department of Health (DOH), and Department of Social Welfare and Development (DSWD) may hire other necessary personnel and support staff for the ILRC such as learning support aides.
Section 9. Remuneration, Benefits, and Incentives for ILRC Personnel and Staff
The salary grades, remuneration, benefits and incentives of the ILRC Supervisors, teachers, and other personnel shall be in accordance with the Revised Compensation and Position Classification System and other civil service rules and regulations.
The DepEd shall endeavor to attract the best available and qualified teaching staff and talents through adequate remuneration, benefits, scholarship and training grants, teacher exchange programs, incentives and allowances, and other means of securing their job satisfaction and tenure in their respective posts. A similar program shall be designed for workers and health service professionals or workers involved in the educations, health and rehabilitation of learners with disabilities.
Section 10. Scholarship Program and Service Obligation
The DepEd in collaboration with the Commission on Higher Education (CHED), shall develop a scholarship program for in-service teachers who shall take courses or the required master's degree units on special needs education, inclusive education, or other related courses to equip them with knowledge on policies, principles, and pedagogies on inclusive education. The grantees shall be required to fulfill an obligation to return service in the DepEd.
The DepEd shall take into consideration the personnel requirement for the incentive education of learners with disabilities at the regional level as indicated in the multi-year roadmap.
Section 11. Pre-Service Education and In-Service Training
The DepEd shall collaborative with the CHED to ensure that teacher educations institutions offering bachelor of elementary or secondary education degrees include in the curriculum courses on inclusive education which are updated and responsive to the diverse needs of learners with disabilities.
In order to adequately provide the needed personnel for the implementation of this Act, the CHED, TESDA, and DepEd shall closely coordinate and effectively implement programs necessary to support the continuing education of DepEd personnel including a unified system for ladderized education, which shall have a mechanism for conversion of career experience into education degree credits. This shall include programs for transitions and progressions for teaching and non-teaching personnel, such as, but not limited to, programs for an educations degree graduate to become a special needs education teacher, and a psychology degree graduate to become a guidance counselor:Provided,That they shall pass the required licensure examinations or were issued the required certifications.
The DepEd shall also collaborate with relevant partners in the government, the academe, and the private sector to develop and conduct appropriate training programs, advanced seminars, and workshops on disability for all in-service teachers, which may include those in private schools, to upgrade their skills and develop new professional competencies and enhance the services for learners with disabilities.
The Professional Regulation Commission shall ensure that a separate field of specialization on special needs education and inclusive education shall be incorporated in the licensure examination for teachers.
At least one (1) teacher education institution from Luzon, Visayas, and Mindanao, and in Metro Manila, Metro Cebu and Metro Davao shall be established as a Center of Excellence in special needs education.
Section 12. IEP Preparation and Review
With the active participation of the special needs teachers, in collaboration with the multidisciplinary team and with the consent of the parents or guardian of the learners with disabilities and the learners with disabilities themselves, when appropriate, IEPs for all learners with disabilities who require specially designed instruction and educational support services and programs shall be prepared by the schools, the CDCs, and the ILRCs.
The IEPs shall be based on the educational assessment and diagnosis of the learners with disabilities by the multidisciplinary team and other relevant specialists. The parents or guardians of the learners with disabilities shall be given a copy of the IEP.
The IEP shall likewise be subject to an annual review or at such other period as may be determined by the multidisciplinary team, which shall not be later than one (1) year from its implementation to assess the progress of learners with disabilities, and revise the plan when necessary.
An IEP review shall likewise be conducted upon the request of the parents or the school for its early review if there is a determination that such review is necessary. The result of the IEP review or the necessary of revising the same shall be communicated with the parents or guardian of the learners with disabilities and the learners with disabilities themselves, when appropriate.
Section 13. Inter-Agency Coordinating Council for Learners with Disabilities
For purposes of policy integration, harmonization, and coordination of functions, there is hereby created an Inter-Agency Coordinating Council for Learners with Disabilities (IACC).
The IACC shall be composed of the following officials or their duly authorized representatives, up to the level of Assistant Secretary or its equivalent:
The IACC shall perform the following functions:
Section 14. The Bureau of Learning Delivery
The Bureau of Learning Delivery of the DepEd shall implement the provisions of this Act. It shall:
Section 15. Progressive Realization of Inclusive Education
The multi-year roadmap as provided in Section 14(c) of this Act shall be crafted to ensure the timely compliance of the implementation of this Act, and the progressive realization of inclusive education.
Towards this end, the multi-year roadmap shall provide targets for the following, such as, but not limited to the:
Section 16. Advisory Committee for Education of Learners with Disabilities
An Advisory Committee for Education of Learners with Disabilities (Committee), which shall be composed of representatives from various disability sectors and a representative from the academe, is hereby created.
The Committee, which shall directly coordinate and collaborate with the Secretary, shall have the following powers and functions:
The Committee is independent from the DepEd and its members shall not be entitled to any compensation in the performance of their functions.
Section 17. Learner Information System
The DepEd, through its Information and Communications Technology Service, shall maintain and regularly update a secure Learner Information System (LIS). It shall contain and store relevant disaggregated data of learners with disabilities such as, but not limited to, their personal information, socio-economic profiles, IEP, performance, educational progress, and relevant medical records. The LIS shall likewise include information on existing ILRCs, status of delivery of services, list of public and private partners, and other relevant information that may be identified by the DepEd.
Subject to the accessibility and security guidelines to be included in the IRR of this Act, the LIS shall be linked to the CFS of the LGUs, the ECCD Council, and to the information systems of other implementing partner agencies. Access to data by said agencies shall be limited to such data that are relevant to their roles and functions.
All implementing partners, public and private, and their personnel, teachers, and third party service providers shall ensure compliance with the provisions of Republic Act No. 10173.
Section 18. Continuing Research to Identify the Needs of Learners with Disabilities
The DepEd, through the Advisory Committee, by itself or in collaboration with relevant national government agencies and the private sector, shall undertake continuing research to identify and design strategies and programs that shall meet the diverse needs of learners with disabilities. Such continuing research shall also be used to develop instructional techniques and materials for use by the ILRCs towards improving the acquisition of skills by learners with disabilities for their transition to independent living, technical vocational training or competitive skills development, and to design holistic programs for all schools and ILRCs to enhance the potential of the learners with disabilities to participate and be integrated into community life.
Section 19. Learner Assistance
The DepEd, DSWD, Department of Labor and Employment (DOLE), NCDA, and the LGUs shall develop programs to support the financial, educational and accessibility needs of all learners with disabilities, particularly the economically disadvantaged learners with disabilities, as envisioned in Republic Act No. 8425, otherwise known as the "Social Reform and Poverty Alleviation Act".
The benefits accorded by Republic Act No. 6728, otherwise known as the "Government Assistance to Students and Teachers in Private Education Act", as amended, shall likewise be extended to eligible learners with disabilities based on the criteria under the said law on academic qualifications and financial needs, among others.
Section 20. Sports, Recreation and Artistic Opportunities
The DepEd shall establish opportunities for the safe, wholesome, interactive individual as well as group sports, recreation, artistic, and social activities of learners with disabilities, optimal use of leisure hours and advancement of physical, mental, social and cultural development.
Section 21. Instructional Materials for Learners with Disabilities
Publishers shall grant the DepEd the authority to transcribe adopted instructional materials into accessible format which include, but not limited to, Braille, large-print format, electronic, non-print, or multimedia format for learners who are blind, visually impaired or otherwise print disabled, without penalty or payment of royalty as provided in Republic Act No. 8293, otherwise known as the "Intellectual Property Code of the Philippines", as amended. The publishers of a newly adopted instructional material shall provide, not later than the second working day after the adoption of a textbook title by the DepEd, the digital copy in accessible format of such materials for the purpose of producing their accessible versions for learners with disabilities.
The accessible versions shall be produced by the DepEd or by non-profit accessible book producers which shall indicate the copyright owner and the date of the original publication, and shall be copied and distributed without cost to either the learners with disabilities or their teachers-in-charge for instructional purposes. Production of instructional materials for learners with disabilities shall be in compliance with the "Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled", international and local laws, as well as rules and regulations issued by the appropriate government agencies.
Section 22. Family Members, Guardians, and Care Providers' Education and Roles
Formal trainings, orientations, and counseling programs for parents, other family members, guardians, and care providers of learners with disabilities shall be developed and initiated by the DepEd, and implemented in coordinated with the LGUs, DSWD, ECCD Council, and the private sector. These programs shall equip and provide them with awareness and understanding of inclusive education such as the rights, privileges, benefits, and diverse needs of learners with disabilities. These shall likewise set their essential roles as partners in educating learners with disabilities, so as to maximize their knowledge and skills to fully participate in developing the potentials of learners with disabilities.
For this purpose, parents, guardians, or other family members should also be apprised of procedural safeguards and processes to resolve disputes and complaints to protect the educational rights of learners with disabilities, as well as of their rights to actively participate and be involved in all aspects and stages of the latter's education as provided in this Act.
Section 23. Incentives for Private Sector Participation
Partnership between government and the private sector catering to the diverse needs of learners with disabilities shall be encouraged. Any donation from the private sector in favor of the DepEd for the provision of the necessary educational assistance, facilities, materials, and other appropriate support and related services for learners with disabilities shall be entitled to the benefits and incentives provided under Section 5 of Republic Act No. 8525, otherwise known as the "Adopt-A-School Act of 1998", allowing for additional deduction from the gross income equivalent to fifty percent (50% of such expenses notwithstanding the provisions of existing laws to the contrary. Valuation of assistance other than money shall be based on the acquisition cost of the property taking into consideration the depreciated value of the property in case said property has already been used. They may also be entitled to the benefits of the first paragraph of Section 6 of the said law.
The entitlement to such incentives shall be subject to the guidelines and minimum standards to be formulated by the DepEd.
Section 24. Responsibility of Government Agencies
For purposes of this Act, the different agencies shall have the following roles:
Notwithstanding the provisions of Sections 235 and 272 of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991", the Local School Boards shall be authorized to set aside a portion of the proceeds of the Special Education Fund to supplement the funds of the DepEd and other implementing partner agencies for the delivery of support and related services for learners with disabilities to include, but not limited to, any of the following:
Section 25. Protection of Learners with Disabilities
The Secretary shall issue policies and guidelines for implementation at all governance levels of DepEd to protect the learners with disabilities within the ILRC and school premises against neglect, abuse, cruelty or exploitation, bullying,discrimination, and other acts or conditions prejudicial to their physical and psychosocial well-being and development as provided in this Act, Republic Act No. 7277, as amended, Republic Act No. 10627 or the "Anti-Bullying Act of 2013", Republic Act No. 7610 or the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act", and other existing laws.
Section 26. Procedural Safeguards
The DepEd shall establish and maintain procedures to ensure that learners with disabilities and their parents or guardians are guaranteed procedural safeguards for the enforcement and protection of their rights under this Act, including the provision of free and appropriate public education. Procedural safeguards shall include the creation of policies, procedures, and other administrative approaches which include, but not limited to, the rights of the learners with disabilities or their parents or guardians to be informed in their mother tongue, and be served written notice on matters affecting the education of the learners with disabilities; the right to confidentiality of personal identifiable information including the right of parents to written notice and written consent to the exchange of such information among agencies. This shall also include the opportunity for the learners with disabilities themselves, their parents or guardians to examine all related records and to participate in meetings with respect to the identification, evaluation , educational placement, and provision of education programs to learners with disabilities.
The DepEd shall likewise ensure the speedy and timely administrative resolution of complaints filed by learners with disabilities, their parents, guardians, care providers, or other immediate family members, which shall be promptly acted upon and resolved not later than thirty (30) calendar days from receipt of the complaint. Any private school, government official, and employee, and CDC or ILRC personnel who shall cause any undue delay and fail to comply with the said prescribed period shall be held administratively liable.
Section 27. Public Information, Education and Communication
A nationwide information dissemination campaign on the rights of learners with disabilities under this Act and other existing laws, prevention, early identification, assessment of a disabling condition and strategy intervention programs for learners with disabilities shall be intensified and jointly conducted by the DepEd and the Philippine Information Agency.
All information dissemination campaign materials shall be in accessible formats which include, but not limited to, Braille, large-print format, electronic, non-print, or multimedia format.
Section 28. Administrative Sanctions
The DepEd and other implementing agencies shall ensure compliance with the provisions of this Act. Any private school, government official, and employee, and CDC or ILRC personnel who shall violate or fail to comply with any provision of this Act shall be dealt with administratively.
Section 29. Transitory Provision
All public and private basic educational institutions and the ILRCs shall be given a period of not more than five (5) years from the effectivity of this Act to comply with its provisions and requirements.
Pending the establishment of the ILRCs and the full implementation of the multi-year roadmap as provided in this Act, cities and municipalities may share one (1) ILRC, as may be necessary.
Upon the effectivity of this Act, the DepEd shall conduct an evaluation of all schools to determine their readiness in delivering services for learners with disabilities, including a general assessment on the number and condition of every learner with disability, as well a s the resources and personnel they need within the five (5)-year period:Provided,That the DepEd shall coordinate with CHED to ensure the supply of qualified professionals through recruitment of student sin the appropriate courses and ensure their seamless progression from higher education to employment, taking into consideration the demand for such personnel in the multi-year roadmap as provided in this Act.
The DepEd and the CHED, in coordination with the DBM and the Civil Service Commission, shall likewise ensure that the necessary changes or adjustments in the plantilla items are reflected in the Revised Compensation and Position Classification System and other relevant existing rules and regulations.
Section 30. Program Support Budget (PSB)
To ensure the institutionalization of services for learners with disabilities, a PSB for learners with disabilities shall be included as a line item in the General Appropriations of the DepEd to guarantee the implementation of the provisions of this Act, including the following:
Section 31. Appropriations
The amount necessary for the implementation of this Act shall be charged against those authorized in the current appropriations of the DepEd, DOH, DSWD, DPWH and other implementing partner agencies as provided in this Act. Thereafter, the amount necessary for its continued implementation shall be included in their respective budgetary allocations as separate line items in the annual General Appropriations Act.
Section 32. Implementing Rules and Regulations
Within ninety (90) days from the effectivity of this Act, the DepEd, in consultation with the DSWD, the DOH and other concerned government agencies and education stakeholders, shall issue the rules and regulations implementing the provisions of this Act. The IRR issued pursuant to this section shall take effect thirty (30) days after its publication in a newspaper of general circulation.
Copies of the IRR and the roadmap referred to in Section 14 shall be transmitted to the Chairperson of the Committees on Basic Education of both Houses of Congress not later than six (6) months and one (1) year, respectively, from the effectivity of this Act.
Section 33
Joint Congressional Oversight Committee (JCOC) on Inclusive Education; Mandatory Annual Review; Impact Assessment; Report. -There is hereby created a JCOC to oversee, monitor and evaluate the implementation of this Act. The JCOC shall be composed of five (5) members each from the Senate and the House of Representatives with the Chairperson of the Committees on Basic Education of both Houses as Co-Chairperson. The Chairpersons of the Committees on Higher and Technical Education of both Houses shall likewise be designated as members of the JCOC. The Speaker of the House of Representatives and the President of the Senate shall designate the other three (3) members of the JCOC of the House and the Senate, respectively, from among the members of the Committee on Basic Education, one (1) member of which shall be from the minority.
To assist the JCOC to evaluate the implementation of this Act, the DepEd, in partnership with LGUs, other relevant agencies, and the private sector, shall conduct a mandatory annual review of the implementation of this Act and its IRR to measure its effectiveness, identify the gaps, issues and challenges, and ensure its proper implementation. It shall likewise establish an evaluation system to assess the impact of this Act and the progress of learners with disabilities.
Section 34. Separability Clause
If any provision or part hereof is held invalid or unconstitutional, the remainder of this Act or any provision not otherwise affected shall remain in full force and effect.
Section 35. Repealing Clause
All laws, presidential decrees, executive orders, proclamations, issuances, rules and regulations, or parts thereof contrary to or inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.
Section 36. Effectivity
Notwithstanding the non-issuance of the IRR, this Act shall take effect fifteen (15) days after its publication in theOfficial Gazetteor in a newspaper of general circulation.
Approved,
| (SGD.)LORD ALLAN JAY Q. VELASCO Speaker of the House of Representatives | (SGD.)VICENTE C. SOTTO III President of the Senate |
This Act which is a consolidation of Senate Bill No. 1907 and House Bill No. 8080 was passed by the Senate of the Philippines and the House of Representatives on December 7, 2021 and December 13, 2021, respectively.
MARK LLANDRO L. MENDOZA
Secretary General House of Representatives
MYRA MARIE D. VILLARICA
Secretary of the Senate
Approved: MAR 11 2022
RODRIGO ROA DUTERTE
President of the Philippines
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.