The Legal Bases of
Special and Inclusive
Education
Special Education
- A form of learning provided to students with exceptional
needs, such as students with disabilities or mental
challenges.
Inclusive Education
• Is an approach to schooling in which students with many
different kinds of disabilities and learning needs are
educated in classes with non-disabled and typically
developing students.
The Legal Bases of
Special and Inclusive
Education
Commonwealth • In 1935, A provision in this Act for the
care and protection of disabled children.
Act. No. 3203 • Articles 356 and 259 of the Civil Code
of the Philippines mention “the right of
every child to live in an atmosphere
conclusive to his physical, moral and
intellectual development,” and the
concomitant duty of the government to
“promote the full growth of the faculties
of every child,”
The Declaration of
• This declaration adopted by the United
the Rights of the Nations General Assembly in 1959,
Child affirmed that mankind owes to the child
the best it has to give. One of the
principles concerned with the education
of children with special needs runs:
• “The child who is physically, mentally or
visually handicapped shall be given the
special treatment, education that are
required of his particular condition.”
Republic Act. • An Act to Promote the Education
of the Blind in the Philippines
No. 3562 provided for the formal training of
special education teachers of blind
children at the Philippine Normal
College, the rehabilitation of the
Philippine National School for the
Blind (PNSB) and the establishment
of the Philippine Printing House of
the Blind.
Republic Act • “An Act Establishing a Ten-Year Teacher
No. 5250 Training Program for Teachers of Special
and Exceptional Children,” provided for
the formal training of teachers for deaf,
hard-of-hearing, speech handicapped,
socially and emotionally disturbed,
mentally retarded and mentally gifted and
youth of the Philippine Normal College
and the University of the Philippines.
Article 3 and 74 of
The Presidential • “The emotionally disturbed or socially
maladjusted child shall be treated with
Decree No. 603 of sympathy and understanding and shall be
1975 given the education and care required by
his particular condition.”
• Thus, where need warrant, there shall be
at least special classes in every province,
and if possible, special schools for the
physically handicapped, the mentally
retarded, the emotionally disturbed and
the mentally gifted.
Republic Act No. 9442,
an Act Amending • Otherwise known as the Magna
Republic Act No. 7277 Carta for Persons with Disability as
Amended, and for Other Purposes
granting Additional Privilege’s and
Incentives and Prohibitions on
Verbal, Non-Verbal Ridicule and
Vilification Against Persons with
Disability.
• Persons with disability are part of Philippine society, and thus the
State shall give full support to the improvement to their total well
being and their integration into the mainstream of society.
• They have the same rights as other people to take their proper
place in society
• They should be able to live freely and as independently as
possible.
Education Act of 1982 • The State shall promote the right of every
or Batas Pambansa individuals to relevant quality education
Bilang 232 regardless of sex, age, breed,
socioeconomical status, physical and
mental condition, social and ethnic origin,
political and other affiliations.
• The State shall therefore promote and
maintain equality of access to education
as well as enjoyment of the benefits of
education by all it’s citizens.
• An Act to Enhance the Mobility of
Batas Pambansa Disabled Persons, required cars, buildings,
Bilang 344 institutions, establishment and public
activities to install facilities and other
devices for persons with disabilities
Article XlV, Section 1 and 2 of the 1987
Constitution of the Philippines, “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.
RA. No. 10533, The
Enhance Basic
Education Act of • Act refers to Republic Act No.
10533, entitled “An Act Enhancing
2013
the Philippine Basic Education
System by Strengthening it’s
Curriculum and Increasing the
Number of Years for Basic
Education, Appropriating Funds
therefore and other purposes.
Republic Act No.
8371, The
Indigenous People’s • An Act to recognize, protect and
promote the rights of Indigenous
Rights of 1997 Cultural Communities or Indigenous
People’s, creating a National
Commission on Indigenous People’s
establishing, implementing
mechanisms, appropriately funds,
therefore and for other purposes.
RA. No. 7610, Special
Protection of Children Against
Child Abuse, Neglect, Cruelty, • The State shall provide special protection
Exploitation and to children from all forms of abuse,
Discrimination neglect, cruelty exploitation and
discrimination
• The State shall protect and rehabilitate
children gravely threatened or endangered
by circumstances which affect or will
affect their survival and normal
development.
