V. Laws and Policies on Education and Rehabilitation
Concerning services of government to Persons with Disabilities, one of the legacies of the American occupation (1898-1946) is the introduction and popularization of public education. As early as in 1907, the Insular School for the Deaf and Blind, a residential learning center was established in Manila. From this humble beginning, educational services gradually spread to other disability groups: those with orthopedic disabilities, those with mental and neurological conditions and those with learning disabilities.
Through the Commonwealth Period to the era of the Second Republic (1935-1960s), efforts to rehabilitate and educate person with disabilities involved partnerships between the government and private individuals and organizations.
In 1954, rehabilitation, vocational services and public participation were also institutionalized through a declaration of an annual national observance of the Sight Saving Week.
Teachers' and trainers education were given greater impetus late in the 1950s to the 60s. Leading higher educational institutions like the Philippine Normal College (now a university) and the University of the Philippines, offered Special Education (SPED) courses for aspiring teachers for persons with disabilities.
From a mere teaching and learning activity, focused on a small center, the educational services for the persons with disabilities developed into an enlarged program needing an office that became an organic unit of the Bureau of Public School in 1957. Currently, SPED is a Division, and efforts are ongoing to upgrade it into a bureau of the Department of Education.
To institutionalize these services, the government supported these programs with formally decreed policies and laws.
A. Education and Rehabilitation Policies and Laws For the Sector
The provision of rehabilitation, education, health and employment services to persons with disabilities is anchored on the principle that every individual is valuable in his/her own right and should be offered equal opportunity to develop his/her potential. The government enacted complementary laws to promote these rights. The efforts to institutionalize the services for the persons with disabilities are fully expressed by these legislations.
In 1954, Republic Act 1179 An Act Creating the Rehabilitation and Vocational Program for the Blind and other Physically Handicapped31 was approved. In 1962, Republic Act 356232 was enacted to declare permanent government commitment to the training of SPED. teachers for the blind, the institutionalization of the residential school program and the establishment of the Philippine Printing House for the Blind (PPHB). Republic Act 525033 specified the 10 year training program for these teachers. In 1970, the Philippine School for the Deaf and Blind (PSDB) were separated into two institutions, the Philippine National School for the Blind (PNSB) and the Philippine school for the Deaf (PSD).
Even in the period of the dictatorship, Presidential Decree No. 603 of 1974, also known as the Child and Youth Welfare Code34 abounds with specific provisions for the welfare of children with disabilities. It entitles them to the right to education as a means of providing them with proper treatment and competent care required by their particular situations. Article 74 provides for the creation of special classes, where needs so warrant. There shall be at least a special class in every province. The private sector was given the necessary inducement and encouragement to participate.
- Note #34
- The Child and Youth Welfare Code
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Presidential Decree No. 1509 of 197835 established the National Commission Concerning Disabled Persons (NCCDP). The creation of this government agency under the Office of the President articulated the government responsibility for the fullest protection and assistance to persons with disabilities. The Presidential Proclamation No. 178036 mandating the annual highlighting of persons with disabilities concerns, through the observation of the National Disability Prevention and Rehabilitation (NDPR) week was promulgated in 1979.
- Note #35
- The Lawphil Project
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- Note #36
- Philippine Initiatives and Challenges in Enhancing ICT Accessibility for Persons with Disabilities
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The Education Act of 198237 declares 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 condition, racial or ethnic origin, political or other affiliation. The state shall grant them the benefits of education enjoyed by all its citizens.
Batas Pambansa Bilang 344 or the Accessibility Law of 198338 was enacted to enumerate measures on making public buildings, transportation and communication services accessible to persons with disabilities.
The 1987 Philippine Constitution39 permanently carved these commitments. Section 1, Article XIV: Education provides 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.
Today, the Education program and trainings are handled by three government agencies. The Department of Education (DepEd), Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA. continue providing access to education to Visually-Impaired (V.Is) through an integrated system of learning. CHED. is in charge of seeing to it that VIs are accommodated in colleges and universities, while TESDA, on the other hand, provides technical and vocational training. The Magna Carta40 mandates the reservation of at least five (5) percent of the Philippine Education Scholarship Fund Allocation (PESFA) to the poor but deserving.
To further enhance educational services to the sector, the government adopted the mainstreaming objective of the Salamanca Declaration of 1994. The Department of Education however did not abandon a residential system, instead it provided services and programs that are responsive to the particular needs and distinct conditions of the learners which is enshrined in CRPD Article 24. In the March 2009 conference of the Sectoral Council of Persons with Disabilities, the joint national Committee on the U.N. Conventions and Education officially defined inclusive education as the capacity of the entire general educational system and service structure to adequately respond to the learning needs of all types of learners. These National Committees list the components of inclusive education as follows: quality, availability, accessibility, affordability, and flexibility.41
- Note #41
- Excerpt from the Conference of Sectoral Council of Persosn with Disability held in Davao City, March 15‐19, 2009
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In the report of Asian Development Bank (A.D.B.) in 2005, it pointed out that,
the concept of inclusion in education has become increasingly accepted over the years. The acknowledgement that persons with disabilities,especially children and youth, have the right to be included in both formal and non-formal education programs, presents an opportunity for government authorities and all other stakeholders to make education effective and responsive to learners with diverse needs. This is an important step toward realizing the goal of education for all. It is noted, however, that despite increased awareness, the inclusion of disabled children in education continues to be an uphill battle, with just 3–5% of children with disabilities of schoolage currently accessing educational opportunities.42
With all of the laws and policies, there remains much to work on. Merely two to three percent of children with disabilities can access basic education due to economic situations, distance of residences from schools, absence of accessibility features of school buildings and inadequate assistive learning devices. The supply of well-trained Special Education teachers is also wanting. Most of these teachers are overly tasked and not compensated in relation to their qualifications and workload. In addition, the quality of services is severely strained resulting in the dropping out or withdrawal of pupils with disabilities.
Statistics show that students without disabilities experience a drop out record of up to fifty percent before reaching post secondary levels. It is therefore assumed that students with disabilities suffer even greater drop out or push out rates.
RA 727743 provides support via the Private Education Scholarship Fund Allocation (PESFA). However the greater logistical requirements of college students in tackling their learning tasks which require assistive devices (screen reader, playback machine and hearing aid), personal assistance (guide and sign language interpreter) and advance technology (digital accessible information system) makes such financial assistanceinadequate.
To deaf students the need for skilled sign language interpreters makes access to quality education more difficult and expensive.