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HANDOUT FOR REVIEW OF INCLUSION AND PHILOSOPHICAL AND LEGAL BASES: EDUCATION
FOR ALL AND THE RIGHT TO EDUCATION
History of Education for Students with Disabilities - 18th Century
Jean Jacques Rousseau - Jean’s ideas became a framework that allows students with
disabilities to be treated humanely because the result of his thesis states that all people are
equal.
Because of that, many schools were established. However, even though these schools
recognized students with disabilities, they were not yet specifically fine tuned for their needs.
Charles Michel L'epée - He was the person who built the first school dedicated for students
with hearing impairment in France. He formed the first sign language system in French.
This allowed the deaf people to communicate with abled and differently-abled people
alike. L’epee inspired a host of future educators and opened doors for inclusive education in
France.
Valentin Hauy - He, on the other hand, built the first school for blind children in paris which was
established in 1785. He used large letters for the alphabet and embossed them in cardstock
paper.
His school soon grew into the institute for blind youth in 1971 as he garnered support
from the government. He was also the one who built the first school for the blind in Russia.
History of Education for Students with Disabilities - 19th Century
A lot of people saw the birth of numerous schools and institutions for students with
disabilities in the United States.
Rev Thomas Gallaudet - He built the first school for deaf in the United States in 1817. Which
was soon followed by Samuel Gridley Howe in 1829, a school for the blind.
Samuel Gridley Howe - He established the Massachusetts school for idiotic and feeble minded
children in 1848, hosting a wide variety of mental disabilities that affect children.
In the succeeding years, America saw the growth of the institutions for special education
until laws were passed to ensure that students with disabilities have their rights secured.
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Meanwhile, in the Philippines education started in 1907 with David Barrows and Delia
Delight Rice, when they conceptualized the first special education program in the country.
- 1927, Welfareville Children’s Village was built to cater to the needs of mentally
retarded. - 1947, National Orthopedic Hospital School for Crippled Children (NOHSCC) -
1949, Quezon City Science High School to cater children who are gifted.
Section 504 of the Rehad Act The ADA, The EHA and IDEA/IDEIA
The Section 504 of the Rehabilitation Act 1973 - Purpose of the 504 is to prohibit
discrimination based on disability in programs and activities receiving federal financial
assistance.
America’s with Disabilities Act - Extends protections to people with disabilities in all areas of
public life, including employment, public accommodations, and transportation.
Education for All Handicapped Children Act (EAHCA) or IDEA - Ensures that children with
disabilities have the right to a free and appropriate public education (FAPE) in the least
restrictive environment.
Individual with Disabilities Education Improvement Act (IDEIA) - A reauthorization of IDEA
with updates to improve educational outcomes for students with disabilities.
Disability rights in the 21st Century
- People living with disabilities have the same rights as any other people.
Disability Rights in the 21st Century - On December 13, 2006, the United Nations adopted
the first international human rights treaty of the 21st century, The Convention on the Rights of
Persons with Disabilities.
The Convention on the Rights of Person with Disabilities - The United Nations Convention
on the Rights of Persons with Disabilities (UNCRPD) is an international human rights treaty,
which exists to promote, protect and ensure the full and equal enjoyment of all human rights
and fundamental freedoms by all disabled persons.
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The Convention seeks to empower individuals with disabilities to live comparable lives to
those in the broader society by eliminating discrimination through legal frameworks. It
emphasizes equality before the law, allowing persons with disabilities to make their own
choices, although some may face challenges in doing so.
The UNCRPD contains 50 Articles. Aside from provisions around definitions, principles
and processes, the Convention contains 26 Articles covering all areas of life, from Health,
Education and Employment to Equal Recognition before the Law, Freedom from Exploitation,
Violence and Abuse, and Accessibility.
● Inclusion ● Education
● Non- Discrimination ● Health and Rehabilitation
● Accessibility ● Work and Employment
● Legal Capacity ● Political Participation
● Right to Life ● International Cooperation
● Freedom from Abuse ● Monitoring and Reporting
Un convention on the rights of the child (CRC, CROC, UNCRC - 1990)
UN Convention on the Rights of the Child - The UN Convention on the Rights of the Child
(CRC) is a comprehensive international treaty adopted by the United Nations General Assembly
on November 20, 1989. It outlines the civil, political, economic, social, health, and cultural rights
of children.
3 parts of the CRC:
Substantive Rights of the Child - This part outlines the specific rights granted to children and
covers a broad spectrum of issues.
Implementating and Monitoring - This part
focuses on the mechanisms for promoting and
implementing the CRC.
Final Provision - This part addresses the formal
aspects of the CRC,
The Convention on the Rights of the Child is a
list of agreements (articles) made by almost all
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countries in the world. They are about how to treat children and what children are entitled to.
These agreements apply in almost all countries in the world.
The Salamanca statement and framework for action on special needs education - June 1994,
UN Convention on the rights of person with disability - May 2008
The Salamanca Statement was issued at the World Conference on Special Needs
Education, held in Salamanca, Spain, in June 1994. It reaffirms the commitment of 92
governments and 25 international organizations to inclusive education.
This includes…
1. Right to Education 4. Governments' Role
2. Inclusive Education 5. Collaboration and Participation
3. Child-centered Approach [Link] Training
7. International Cooperation
Framework for Action on Special Needs Education - The Framework for Action on Special
Needs Education was adopted at the World Conference on Special Needs Education, held in
Salamanca, Spain (June 7-10, 1994), organized by the Government of Spain in collaboration
with UNESCO.
It serves as a guide for policy and action for governments, international organizations,
NGOs, and other bodies to implement the Salamanca Statement on Special Needs Education.
Structure of the Framework for Action - The Framework is divided into several sections:
1. New Thinking in Special Needs Education
-It highlights how inclusive schools, which serve all children regardless of ability, provide the
best setting for equal opportunities and social integration.
2. Guidelines for Action at the National Level:
1) Policy and Organization - focus on creating a supportive framework for inclusive
education.
2) School Factors - that is necessary to develop inclusive schools, focusing on curriculum,
school organization, teaching methods, assessment, and school management.
3) Recruitment and Training of Educational Personnel - highlights the importance of
preparing all educational staff to support inclusive education
4) External Support Services - emphasizes the need for additional resources and
assistance to ensure the success of inclusive education.
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5) Priority Areas - outlines the focus points for effectively integrating children and young
people with special needs into education systems.
6) Community Perspectives - emphasizes the importance of family, community, and public
involvement in successfully integrating children with special educational needs.
7) Resource Requirements - emphasizes the importance of adequate funding and resource
allocation for developing inclusive schools.
3. Guidelines for Action at the Regional and International Level - emphasizes the importance
of international cooperation in promoting inclusive education, particularly for
students with special needs. It outlines several key strategies for achieving this, focusing
on collaboration between governments, international organizations, and NGOs.
The Magna Carta for Disabled Person (RA 7277) 1992
This Act provides for the rehabilitation, self-development and self-reliance of disabled
persons and their integration into the mainstream of society.
The Rights and Privileges of a Disabled Person:
● Political and Civil Rights
● Accessibility
● National Health Programs
● Access to Quality Education
● Communications
7 Types of Disabilities Mentioned in RA 7277
● Psychological Disability ● Mental Disability
● Disability due to Chronic Illness ● Visual Disability
● Learning Disability ● Orthopedic Disability
● Communication Disability
In order to effectively carry out the objectives of Republic Act No. 7277, the National
Government, through the DSWD, shall ensure that the annual budget includes provisions to
fund programs and provide support for PWDs.
SECTION 1. Section 40 of Republic Act No. 7277, as amended, is hereby further amended to
read as follows:
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SEC. 40. Role of National Agencies and Local Government Units. — (a) Local government units
shall promote the establishment of organizations of persons with disabilities (PWDs) in their
respective territorial jurisdictions.
Person with Disability Affairs Office - PDAO
PDAO shall be created in every province, city and municipality. The local chief executive
shall appoint a PWD affairs officer who shall manage and oversee the operations of the office,
pursuant to its mandate under this Act.
How to apply for PDAO?
The staff will review your application and documents for completeness and accuracy.
Republic Act No. 10524 - An Act Expanding the Positions Reserved for Persons with Disability,
Amending for the Purpose Republic Act No. 7277, as Amended, Otherwise Known as the
Magna Carta for Persons with Disability. Approved on April 23, 2013, this Act adds the 1%
Quota as follows.
Republic Act No. 10754 - These Rules shall be known and cited as the Implementing Rules
and Regulations of Republic Act No. 10754, otherwise known as the Act Expanding the Benefits
and Privileges of Persons with Disability (PWD). It also aims to provide Persons with Disabilities
(PWDs) the opportunity to participate fully into the mainstream of society by granting them at
least a twenty percent (20%) discount.
Republic Act No. 112208 - An Act Providing For The Mandatory Philhealth Coverage For All
Persons With Disability (PWDs), Amending For The Purpose Republic Act No. 7277
Individuals with Disabilities in Education Improvement Act (IDEIA) 2004
This Act is now called the Individuals with Disabilities Education Improvement Act of
2004 (IDEA 2004). The IDEA 2004 provides federal financial assistance to State and Local
Education Agencies to guarantee special education and related services to eligible children with
disabilities.
Why was the Individuals With Disabilities Education Improvement Act of 2004 passed?
● Congress amended IDEA because its language influenced
teachers to misidentify
African-American students as having learning disabilities.
● Congress chose to amend IDEA in 2004 to align the law with the No Child Left Behind Act
of 2001.
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Idea responsibility to provide FAPE - It's their responsibility to provide free appropriate public
education that is available to all children with disabilities.
Who is Protected - Children ages 3-21 who are determined by a multidisciplinary team to be
eligible within one or more of 13 specific categories of disability and who require special
education and related services. Examples of categories include: autism, blindness and
deafness etc…
Department of Education Philosophy on Inclusion
Inclusive Education as Strategy for Increasing Participation rate of Children
The Department of Education (DepED) has organized the urgency to address this problem and
therefore, guarantees the right for these children to receive appropriate education within the
regular or inclusive classroom setting. Inclusive education embraces the philosорћу of
accepting all children regardless of race, size, shape, color, ability or disability with support from
school staff, students, parents and the community.
A comprehensive inclusive program for children with special needs has the following
components:
● Child Find
● Assessment
● Program Options
● Curriculum Modification
● Parental Involvement
Roles of DepEd Officials in the Implementation of inclusive education
● Initial Phase
● Transition Phase
● Inclusion Phase
Initial Phase
This pertains to the time when the school makes preparation for the implementation of inclusive
education. This is also the period of acceptance
● Roles of the School Administrator- conducts PTCA meetings to elicit support of program.
● Roles of the Regular Teachers- accept the idea and support of inclusive education.
● Roles of the SPED Teachers- share expertise on inclusive education when needed.
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● Roles of Parents- participate and support plans for inclusion.
Transition Phase
This covers the period covering initial meetings done by the school personnel and other
activities prior to the implementation of the inclusion program proper.
● Roles of the Administrator- conducts classroom observations on implementation of
inclusive education.
● Roles of the Regular Teachers- collaborate with fellow teachers for the provision of
appropriate and workable inclusive education programs.
● Roles of the SPED Teachers- assist regular teachers in assessing behavioral
characteristics and academic development of children with special needs.
● Roles of Parents- provide support and collaborate with school personnel.
Inclusion
This covers the period covering initial meetings done by the school personnel and other
activities prior to the implementation of the inclusion program proper.
● Roles of the Administrator- plans programs and activities where regular and special
education teachers, parents and others commend their support and dedication.
● Roles of the Regular Teachers-help secure special equipment and material.
● Roles of the SPED Teachers-provide continuing support and service to the inclusive
program
Ched Memorandum Order No. 23 Series of 2000 on Quality Education for Learners with Special
Needs
Quality Education for Learners with Special Needs
In accordance with the provisions of Republic Act (RA) No. 7722, otherwise known as the
"Higher Education Act of 1994" and in compliance with the urgent request of the National
Council for the Welfare of Disabled Persons (NCWDP) chaired by the Honorable Vice President
Gloria Macapagal Arroyo, proper implementation of the provisions of the Magna Carta for
Disabled Persons and its Implementing Rules and Regulations embodied in RA 7277, by all
higher education institutions is hereby adopted.
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01. Public higher education institutions (HEIs) shall admit all learners with special needs
whether in academic, vocational or technical courses and other training programs,
except those which have already been accepted but whose facilities do not warrant
additional enrollees. Private HEIs meanwhile, are encouraged to do the same as part of
their educational service to qualified tertiary level students with special needs.
02. Teacher training institutions are enjoined to include Special Education (SPED) courses
at the undergraduate and graduate levels of education and in other related areas, and
to offer scholarship programs to qualified SPED teachers whenever possible, in
coordination with the Commission on Higher Education and other government and non-
government agencies.
03. To ensure that quality education is accessible to all learners with special needs and to
facilitate their learning process, the following modified facilities and equipment shall be
given importance by all HEIs as minimum requirements specified in RA 7277.
a. For persons with visual impairment sensory and tactile materials, braile books
and record materials, braille writing, painting and reading machines, orientation
and mobility equipment.
b. For persons with hearing impairment group or individual hearing aids, speech
trainers, tape recorders and speech or language kit containing auditory and
language training materials.
c. For persons with orthopedic handicaps the requirements provided for on Rule II
of Batas Pambansa Blg. 344 re: Accessibility Law, shall be complied with
including adjustable desks or chairs and adapted physical education
apparatuses.
d. For persons with mental retardation - facilities, equipment and instructional
materials for developing skills in self-care, socialization, motor cognitive and
prevocational and vocational training.
e. Other types of learners with special needs: those with behavioral problems
including those with autism, those with learning disabilities and those with
multiple handicaps - instructional devices and equipment for behavior
modification, perceptual motor training, daily living skills, language and speech
and cognitive skills development.
04. In compliance thereof, CHEDROs are directed to closely monitor the implementation of
the aforecited provisions on quality education for learners with special needs, a
semestral report of which shall be submitted to the Commission, through the Office of
Student Services, 3/F NEC Bldg., UP Campus, Diliman, Quezon City.
05. Full support and cooperation are enjoined.
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NCDA Guideline in the Admission of Students with Disabilities in Higher Education and
PostEducation Institution in the Philippines
Initiated by the National Council for the Welfare of Disabled Persons now the National
Council on Disability Affairs (NCDA) through its Sub-Committee on Education. This initiative
aims to generate useful information that school personnel can use to respond to the needs of
students with disabilities.
This set of guidelines contains basic information on how to make the learning
environment both convenient and beneficial to students with disabilities as well as to school
personnel. It also has a list of resource centers catering to different types of disability, which can
be referred to in order to meet the needs of students with disabilities.
In the Philippines, the following laws and policies were crafted to ensure and safeguard
the protection of the rights of persons with disabilities to have access to education:
● 1987 Constitution of the Philippines. – Under Article XIV, Section 1. “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;”
● Republic Act No. 7277 or the 1992 Magna Carta for Disabled Persons. Chapter 2,
Section 12 emphasizes that the State is responsible for ensuring that disabled persons
have access to quality education and opportunities to develop their skills. It mandates
that learning institutions must not deny admission to disabled individuals due to their
disabilities.
● Republic Act No. 9442, An Act Amending Republic Act No. 7277, Otherwise Known as
the Magna Carta for Disabled Persons. Chapter 8, Section 32, letter h, states that
educational assistance must be provided to persons with disabilities to support their
pursuit of primary, secondary, tertiary, post-tertiary, vocational, or technical education in
both public and private schools. However, persons with disabilities must meet the
minimum admission requirements to qualify for these benefits.
● CHED Memorandum Order (CMO) No. 23, Series of 2000. titled “Quality Education for
Learners with Special Needs.” The Commission on Higher Education (CHED) in its
commitment to raise the level of educational attainment of persons with disability in the
Country. Foremost, it urges higher educational institutions to:
1. Admit learners with special needs;
2. Inclusion of SPED programs for teacher training institutions; and
3. Facilities and equipment be modified to ensure quality education is made
accessible to learners with special needs Even though the number of students
with disabilities is observed.
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Despite the increasing number of students with disabilities, particularly in tertiary
education, very few persons with disabilities (PWDs) have the opportunity to attend college.
The challenge of providing education to persons with disabilities goes beyond merely
admitting them to schools; it also encompasses their entire educational experience.
Through concerted efforts, the learning environment of students with disabilities may be
arranged in a variety of creative ways so that available opportunities for learning that would
eventually help them succeed in life can be fully achieved.
Deaf and Hard of Hearing Students
A. Meet the Learners
- Students who are deaf or hard of hearing have the same abilities and potential as others
but often face barriers to accessing information and opportunities.
- Hearing loss affects spoken and written language acquisition, which impacts reading and
writing skills.
- Understandingthe extent of hearing loss is essential for
providing appropriate accommodations.
- Schools can support these students by ensuring access to sign language interpreters,
assistive devices, and well-oriented personnel.
- With proper support, students can reach their highest academic potential.
B. School Admission
The deaf and hard of hearing High School graduates, including those who passed and qualified
in the Accreditation Equivalency Test being administered by the Bureau of Alternative Learning
System of the Department of Education shall be admitted in any higher/post secondary
educational institution provided they pass the admission requirements of the school given
reasonable accommodations.
● Accommodation
Qualified Sign Language Interpreter: Ensures spoken instructions are interpreted during testing.
● Application Process:
1. Deaf or hard of hearing applicants may choose any course,
provided they meet qualifying requirements.
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2. Assessment tools determine readiness, with options such as: -
Standard entrance tests.
- Diagnostic exams tailored for deaf or hard of hearing students.
- Interviews to assess specific skills.
● Standard Procedures
Regular admission processes apply, with flexibility for colleges to create guidelines
aligned with legal requirements.
C. Auxiliary Aids and Services
● Support Services: Schools should provide or arrange for sign language interpreters
and/or note takers as needed.
● Choice of Sign Language: Determined through discussion between the institution and
the students requiring assistance.
● Personal Assistants: Students with additional disabilities may have a personal assistant
(family member, relative, or volunteer) with prior school approval.
● Classroom Setup: Sign language interpreters should be positioned where they are
clearly visible to the students, and note takers should sit within accessible distance.
D. Student Support Services
The deaf or hard of hearing students shall need the following support services which the school
shall provide or arrange with concerned resource centers, outside the school:
1. An Office, a unit in charge of special needs, whereby the designated head is
equipped with sign language skills and can perform the following functions:
● Attends to all inquiries pertaining to the programs of the school
● Coordinates with the different offices of the school
● Coordinates with the teachers of deaf students for any concerns
● Works hand-in-hand with the different department heads where the deaf or hard of
hearing students are enrolled in for academics and extra-curricular activities
● Meets regularly with the students
● Schedules loads of interpreters and note-takers and monitors them
● Visits/Provides information to different schools for the deaf to market the program
● Meets with prospective applicants and parents within the school year regarding the
program
● Assists students with their academic work by providing group tutorials
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● Attends to the needs and queries of students Coordinates with parents of the deaf or
hard of hearing students.
2. Guidance & Counseling Services including access to career planning. It is necessary
that these services will be provided by staff who can communicate in sign language.
3. Full access, participation and inclusion of students in co curricular/extra-curricular,
socialization activities.
4. Facilitation of student interaction and networking among the deaf or hard of hearing
students.
5. Facilitation of open communication between school/teachers and parents.
E. Physical Plant, Equipment and Facilities
The school may provide the following equipment and facilities proven beneficial to deaf or hard
of hearing students:
1. All audio-related signals for particular purposes (e.g announcements, emergencies,
call attention) should have a counterpart flashing visual/light signal
2. Adequate classrooms with “acoustical treatment”
3. A well-lit classroom
4. Facilities for closed-caption devices.
F. Research and Development
Universities and colleges are encouraged to prioritize research on the unique needs of
deaf and hard of hearing students in post-secondary education. This research will expand
understanding and help improve services, ensuring these students can fully access and benefit
from learning opportunities.
G. Special Training/Skills of Teachers and support providers
Teachers and support staff working with deaf or hard of hearing students should be well-
oriented on Deaf culture, visual language, access and equity in education, and basic sign
language. This helps improve integration and acceptance in the school community.
In-service training for educators is also recommended, covering topics such as teaching
methods, relevant laws and human rights, universal design in education, and the unique
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learning and communication styles of these students. Coordination with experts from private
and public sectors is suggested for additional resources.
CHED Memorandum Order 09 series of 2013 on Enhanced Policies and Guidelines on
Students Affairs and Services.
The commission on Higher Education, pursuant to its commitment to the utmost
achievement of quality, relevant, and efficient higher education in the country, hereby adopted
and promulgated the following Enhanced Policies and Guidelines on Student Affairs and
Services, which define the scope, procedures, the extent of regulations as well as the
mechanics of evaluating student welfare and activities for students enrolled in Higher Education
Institutions.
CHED MEMORANDUM ORDER 09 SERIES OF 2013 ON ENHANCED POLICY AND
GUIDELINES ON STUDENTS AFFAIRS AND SERVICES.
The individuals produced by the educational institution should be able to contribute
positively to the progress of his/her country, and to the upliftment of the human conditions.
Student Affairs and Services, therefore, must systematically and deliberately address this end
objective of producing citizens suited to the aims of the country and of humanity.
Students Affairs and Services
Objective 1: Ensure proper balance between rights of educational institutions and student
rights.
Objective 2: Improve the quality Of Student Affairs and Services among Higher Education
Institutions
Objective 3: Promote access to quality, relevant, efficient and effective student affairs and
services;
Objective 4: Support student development and welfare; and
Objective 5: Ensure that all Higher Education Institutions provide a holistic approach for SAS
and comply with the minimum requirements for student affairs and services.
Services of SAS - student affairs and services:
•Student welfare services
•Academic support services
•Student Development Services
•Institutional Student Programs and Services
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Academic support services - services that relate to student welfare, student development, and
those that relate to institutional programs and services.
•Student Welfare Services
•Student Development Services
•Institutional Students Program and Services
INSTITUTIONAL STUDENT PROGRAMS AND SERVICES
These are programs and activities offered by the HEIS to facilitate the delivery of essential
services to the students:
● Admission Services ● Foreign/International Students Services
● Scholarships and Financial Assistance ● Services for SNs and PWDs
● Food Services ● Cultural and Arts Programs
● Health Services ● Sports Development Programs
● Safety and Security Services ● Social and Community
● Student Housing and Residential Involvement
Services Programs
● Multifaith Services ● Other Related Programs and Services
PARADIGMS OF DISABILITY: THE MEDICAL AND SOCIAL MODELS
Medical Model - The medical model uses the terms "Disability", "Disease", "Dysfunctional",
"Disorder" to categorize each and every type of symptoms, differences in mechanisms, below
average based on standardized measure of functioning, that causes challenges in life.
Social Model - The social model sees ‘disability’ is the result of the interaction between people
living with impairments and an environment filled with physical, attitudinal, communication and
social barriers.
What do you mean? This carries the implication that the physical, attitudinal, communication
and social environment must change to enable people living with impairments to participate in
society on an equal basis with others.
Conclusion
By shifting attention to the environment and attitudes, the social model promotes
inclusivity and advocates for changes that empower people with disabilities, creating a more
accessible and fair society for all.