Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of Inclusive Education Act

Case Overview and Summary

Summary of Republic Act No. 11650 (Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of Inclusive Education Act)

Declaration of Policy and Objectives
- The State shall protect and promote the right of all citizens to quality and accessible education at all levels, including learners with disabilities. (Section 2)
- Objectives include providing free and appropriate public education, access to the general education system, establishing Inclusive Learning Resource Centers (ILRCs), ensuring learners with disabilities develop their full potential, creating positive changes in community orientation towards disability, identifying and providing intervention for learners with disabilities, institutionalizing the Individualized Education Plan (IEP), empowering teachers and parents, increasing school retention, and establishing a consultative mechanism. (Section 3)

Definitions
- Defines key terms such as basic education, Child Development Centers (CDCs), Child Find System (CFS), inclusive education, inclusion, Inclusive Learning Resource Center (ILRC), ILRC personnel, Individualized Education Plan (IEP), instructional materials for learners with disabilities, learners with disabilities, learning support aides, multidisciplinary team, multi-year roadmap, para-teachers, related services, reasonable accommodation, special needs education, special needs education teacher, support services, universal design, and universal design for learning. (Section 4)

Inclusion Policy and Establishment of ILRCs
- Institutes a policy of inclusion in all public and private early and basic education schools, ensuring equitable access and reasonable accommodation. (Section 5)
- Mandates the establishment of at least one ILRC in all cities and municipalities, with the option for satellite ILRCs in schools. Private schools may also establish additional facilities. ILRCs must comply with accessibility laws and universal design concepts. (Section 6)

Functions of the ILRC
- ILRCs shall deliver free support and related services, including implementing the CFS, conducting educational assessments and diagnoses, preparing and implementing IEPs, providing appropriate support and instructional materials, providing consultative mechanism and training, establishing a referral system, monitoring service delivery, delivering alternative educational programs, early intervention programs, and transition programs, initiating innovative approaches, orienting LGUs, and providing access to auxiliary aids and services. (Section 7)

Hiring and Functions of ILRC Personnel
- Mandates the hiring of ILRC personnel, including supervisors, multidisciplinary teams, mobile teachers, mobile multidisciplinary teams, and para-teachers. (Section 8)
- Outlines the specific functions of ILRC supervisors, multidisciplinary teams, mobile teachers, mobile multidisciplinary teams, and para-teachers. (Section 8)

Remuneration, Benefits, and Incentives for ILRC Personnel
- Provides for adequate remuneration, benefits, scholarship and training grants, teacher exchange programs, incentives, and allowances for ILRC personnel. (Section 9)

Scholarship Program and Service Obligation
- Mandates the development of a scholarship program for in-service teachers to take courses on special needs education or inclusive education, with a service obligation. (Section 10)

Pre-Service Education and In-Service Training
- Requires the inclusion of inclusive education courses in teacher education curricula and the implementation of programs for continuing education and ladderized education for DepEd personnel. (Section 11)
- Mandates the incorporation of a separate field of specialization on special needs education and inclusive education in the licensure examination for teachers. (Section 11)
- Establishes Centers of Excellence in special needs education in Luzon, Visayas, Mindanao, Metro Manila, Metro Cebu, and Metro Davao. (Section 11)

IEP Preparation and Review
- Mandates the preparation of IEPs for all learners with disabilities who require specially designed instruction and educational support services, with active participation of special needs teachers, multidisciplinary teams, and parents/guardians. (Section 12)
- Requires annual or periodic review of IEPs to assess progress and revise the plan as necessary. (Section 12)

Inter-Agency Coordinating Council for Learners with Disabilities
- Creates an Inter-Agency Coordinating Council for Learners with Disabilities (IACC) to ensure policy integration, harmonization, and coordination of functions. (Section 13)
- Outlines the composition and functions of the IACC. (Section 13)

Bureau of Learning Delivery
- Designates the Bureau of Learning Delivery of DepEd as the implementing body for the Act. (Section 14)
- Outlines the functions of the Bureau, including serving as the Secretariat of the IACC, coordinating with partner agencies, formulating policies and standards, supervising and monitoring ILRCs, maintaining a system for identification and intervention, developing the IEP framework, and performing other necessary functions. (Section 14)

Progressive Realization of Inclusive Education
- Mandates the creation of a multi-year roadmap to ensure timely compliance and progressive realization of inclusive education. (Section 15)
- Outlines the yearly targets to be included in the roadmap, such as the conversion of existing SPED Centers to ILRCs, creation of new ILRCs, creation of plantilla positions for ILRC personnel and staff, and creation of plantilla positions for teaching and non-teaching personnel. (Section 15)

Advisory Committee for Education of Learners with Disabilities
- Creates an Advisory Committee for Education of Learners with Disabilities to represent learners with disabilities and their organizations, conduct research and policy studies, participate in crafting and evaluating the roadmap, gather and interpret data, monitor service delivery, review and recommend legislation, and perform other necessary functions. (Section 16)

Learner Information System
- Mandates the maintenance and regular updating of a secure Learner Information System (LIS) by DepEd, containing relevant disaggregated data of learners with disabilities, information on ILRCs, and other relevant information. (Section 17)
- Requires compliance with data privacy laws and accessibility and security guidelines. (Section 17)

Continuing Research and Learner Assistance
- Mandates continuing research by DepEd to identify and design strategies and programs to meet the diverse needs of learners with disabilities. (Section 18)
- Requires the development of programs to support the financial, educational, and accessibility needs of learners with disabilities, particularly the economically disadvantaged, by DepEd, DSWD, DOLE, NCDA, and LGUs. (Section 19)

Sports, Recreation, and Artistic Opportunities
- Requires DepEd to establish opportunities for sports, recreation, artistic, and social activities for learners with disabilities. (Section 20)

Instructional Materials for Learners with Disabilities
- Grants DepEd the authority to transcribe adopted instructional materials into accessible formats without penalty or royalty payment. (Section 21)
- Requires publishers to provide digital copies of newly adopted instructional materials for the production of accessible versions. (Section 21)

Family Members, Guardians, and Care Providers' Education and Roles
- Mandates the development and implementation of formal trainings, orientations, and counseling programs for parents, guardians, and care providers of learners with disabilities to equip them with awareness and understanding of inclusive education and their essential roles. (Section 22)

Incentives for Private Sector Participation
- Encourages partnership between the government and private sector by providing incentives for donations and assistance for learners with disabilities, such as additional deduction from gross income and other benefits under the Adopt-A-School Act. (Section 23)

Responsibility of Government Agencies
- Outlines the roles and responsibilities of various government agencies, including DepEd, DOH, DSWD, DPWH, DOLE, TESDA, PESO, DILG, and LGUs, in implementing the Act and providing services for learners with disabilities. (Section 24)

Protection of Learners with Disabilities
- Requires DepEd to issue policies and guidelines to protect learners with disabilities against neglect, abuse, cruelty, exploitation, bullying, discrimination, and other acts prejudicial to their well-being and development. (Section 25)

Procedural Safeguards
- Mandates the establishment of procedures to ensure procedural safeguards for learners with disabilities and their parents/guardians, including the right to be informed, confidentiality, opportunity to examine records and participate in meetings, and speedy resolution of complaints. (Section 26)

Public Information, Education, and Communication
- Requires a nationwide information dissemination campaign on the rights of learners with disabilities, prevention, early identification, assessment, and strategic intervention programs, with materials in accessible formats. (Section 27)

Administrative Sanctions
- Provides for administrative sanctions for any private school, government official, employee, or CDC/ILRC personnel who violates or fails to comply with the provisions of the Act. (Section 28)

Transitory Provision
- Provides a period of not more than five years for public and private basic educational institutions and ILRCs to comply with the provisions and requirements of the Act. (Section 29)
- Mandates an evaluation of all schools to determine their readiness in delivering services for learners with disabilities and the necessary resources and personnel within the five-year period. (Section 29)
- Requires DepEd and CHED to ensure the supply of qualified professionals and necessary changes or adjustments in the plantilla items. (Section 29)

Program Support Budget
- Mandates the inclusion of a Program Support Budget (PSB) for learners with disabilities as a line item in the General Appropriations of DepEd to guarantee the implementation of the Act, including the implementation of the CFS, hiring of specialists, delivery of related services, and purchase of assistive devices and materials. (Section 30)

Appropriations
- Provides for the necessary appropriations for the implementation of the Act to be charged against the current appropriations of DepEd, DOH, DSWD, DPWH, and other implementing partner agencies, and to be included in their respective budgetary allocations as separate line items in the annual General Appropriations Act. (Section 31)

Implementing Rules and Regulations
- Requires DepEd, in consultation with DSWD, DOH, and other concerned agencies and stakeholders, to issue the implementing rules and regulations within 90 days from the effectivity of the Act. (Section 32)

Joint Congressional Oversight Committee
- Creates a Joint Congressional Oversight Committee (JCOC) to oversee, monitor, and evaluate the implementation of the Act. (Section 33)
- Mandates a mandatory annual review of the implementation of the Act and its IRR, and the establishment of an evaluation system to assess the impact and progress of learners with disabilities. (Section 33)

Separability Clause and Repealing Clause
- Includes standard separability and repealing clauses. (Sections 34-35)

Effectivity
- Provides for the effectivity of the Act 15 days after its publication in the Official Gazette or a newspaper of general circulation. (Section 36)