Legal Bases of Special and Inclusive Education PDF

Foundation of Special and Inclusive Education Prepared by: Apolinaria Daquioag- Andres, PhD Special Education (SPED) - refers to a set of educational programs and/or services designed to address the needs of learners with disabilities throu...

Foundation of Special and Inclusive Education Prepared by: Apolinaria Daquioag- Andres, PhD Special Education (SPED) - refers to a set of educational programs and/or services designed to address the needs of learners with disabilities through educational plans and instruments which will bring them to the highest level of their potential and capacity (Handbook for SPED, 1987). Inclusive Education - refers to a process of addressing and responding to the diversity of needs of all learners by moving towards the end goal of fuIl participation, presence and achievement in learning, cultures, and communities, and eliminating, exclusion within and from education. Importance of Inclusive Education 1. It ensures that all students have an opportunity to learn and grow in a safe and supportive environment. 2. It prepares students for the real world by teaching them how to work with people of all abilities. 3. It helps to break down barriers between people with and without disabilities and promotes understanding and acceptance. How the Philippines Is Moving Towards Inclusive Education 1. Implementation of “Inclusive Education for All” program, which provides training and support to teachers, parents, and school administrators on how to best meet the needs of all students. 2. The Philippines has been working towards inclusive education by training teachers. The Department of Education (DepEd) has been working with the United Nations Educational, Scientific and Cultural Organization (UNESCO) to train teachers to include students with disabilities in their classrooms. This training covers topics such as adapting instruction for students with disabilities, creating a supportive learning environment, and working collaboratively with parents. 3. The Philippines developed policies such as the creation of Special Education (SPED) schools, which are designed specifically for students with special needs. These schools provide services and accommodations, such as smaller class sizes, specialized instruction, and adaptive technology, which help ensure that these students can thrive in an academic setting. 4. Creation of Alternative Learning System (ALS), which provides non-traditional learning opportunities for students who have dropped out of school or cannot attend regular classes due to health or other reasons. ALS programs offer a variety of courses, including vocational training and basic literacy and numeracy courses, which allow students to learn at their own pace and in a comfortable environment. 5. In 2019, the Department of Education (DepEd) released DepEd Order No. 21, titled Policy Guidelines on the K to 12 Basic Education Program includes a policy framework on inclusive education. This framework promotes the right of every Filipino to quality, equitable, culture-based, and complete basic education. 6. Republic Act No. 11650, titled Instituting a Policy of Inclusion and Services for Learners with Disabilities was signed into law on March 11, 2022 in Support of Inclusive Education Act. This policy will identify the rights of people with disabilities, outline strategies for improving access to education and other services and identify areas where additional support is needed. Making Inclusive Education a Reality in the Philippines 1. All schools must be properly equipped to accommodate students with disabilities. This includes having ramps and elevators for students who use wheelchairs, Braille textbooks for students who are blind or have low vision, and sign language interpreters for students who are deaf or hard of hearing. 2. All teachers must be properly trained to teach and to work with students with disabilities. This training should cover everything from accommodations and modifications to behavior management. Teachers need to identify the different types of disabilities, understand what they can do, and know how best to help them learn. Inclusive education also involves making sure that there are enough resources for students with disabilities, such as special equipment or materials they need to learn. 3. There needs to be more support from the government. The government needs to provide funding for inclusive education initiatives and ensure that all schools comply with the law. 4. There needs to be more awareness about inclusive education. This includes educating parents, teachers, and students about what inclusive education is and why it is important. Legal Bases A. International Legal and Standard-setting Instruments 1. The 1989 Convention on the Rights of the Child upholds the rights of children and changed the way children are viewed and treated—from passive objects of care and charity to human beings with a distinct set of rights. 2. The 1994 Salamanca Statement provides that all children should learn together, wherever possible, regardless of any difficulties or differences they may have. 3. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) aims to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. More specifically, Article 24 of the UNCRPD states that “the right of persons with disabilities to education must be recognized with a view to realizing this right without discrimination and on the basis of equal opportunity” and General Comment 4 outlines what inclusive education is and what countries must do to make it happen (UN Committee on the Rights of Persons with Disabilities (CRPD), 2016). 4. The 2007 United Nations Declaration on the Rights of Indigenous Peoples stipulates that Indigenous Peoples (IPs) have the right to establish and control their educational systems and institutions and of indigenous individuals, particularly children, have the right to all levels and forms of education without discrimination. 5. The Education 2030 Framework for Action aims at mobilizing all countries and partners around the Sustainable Development Goal (SDG) on inclusive and equitable quality education and lifelong learning opportunities for all. SDG Goal 4: “Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.” B. Philippine Legal Mandates for Inclusive Education 1. The 1987 Philippine Constitution (Article XIV, Sections 1 and 2) explicitly upholds the protection and promotion of the right of all citizens to quality education at all levels, which requires the Philippine government, among others, to: a. Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society (Section 2(1)); b. Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs (Section 2(4)); and c. Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency and other skills (Section 2(5)). 2. Republic Act No. 10533 otherwise known as The Enhanced Basic Education Act of 2013, and its Implementing Rules and Regulations (IRR), define the inclusiveness of enhanced basic education through the implementation of programs designed to address the physical, intellectual, psycho-social and cultural needs of learners, which shall include, but shall not be limited to, Programs for Learners with Disabilities, Programs for Learners under Difficult Circumstances, Madrasah Program, Indigenous Peoples Education Program, and Programs for the Gifted and Talented (Section 8). 3. Republic Act No. 9710 otherwise known as The Magna Carta of Women, and its Implementing Rules and Regulations (IRR), compels the State to provide equal access and to eliminate discrimination in education, scholarships, and training (Section 13). This includes admission, curriculum and educational materials, delivery using gender sensitive language, and capacity-building on Gender and Development (GAD), peace and human rights for teachers and those involved in the education sector. 4. Republic Act No. 10157 or The Kindergarten Education Act released in 2012 declares the policy of the State to provide equal opportunities for all children to avail of accessible mandatory and compulsory kindergarten education that effectively promotes physical, social, intellectual, emotional and skills stimulation and values formation to sufficiently prepare them for formal elementary schooling. 5. Republic Act No. 9155 otherwise known as The Governance of Basic Education Act of 2001 enforces the establishment of the Alternative Learning System (ALS) to provide out-of-school youth and adults with basic education. 6. Republic Act No. 8371 otherwise known as The Indigenous Peoples Rights Act of 1997 mandates the State to provide equal access to various cultural opportunities to ICCs (Indigenous Cultural Communities]/IPs through the education system without prejudice to their right to establish and control their educational systems and institutions by providing education in their own language, and in a manner appropriate to their cultural methods of teaching and learning (Article II, Section 2). 7. Republic Act No. 9344 or The Juvenile Justice and Welfare Act of 2006 requires educational institutions to work together with families, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with the law. 8. Republic Act No. 9442 (approved in 2007) or An Act Amending Republic Act No. 7277 of 1992, otherwise known as the Magna Carta for Disabled Persons mandates the provision of educational assistance to persons with disabilities, for them to pursue primary, secondary, tertiary, post tertiary education, as well as vocational or technical education, in both public and private schools. 9. Republic Act No. 10665 of 2015 also known as the Open High School System Act declares the policy of the state to broaden access to relevant quality education through the employment of an alternative secondary education program to overcome personal, geographical, socio-economic, and physical constraints. 10. Republic Act No. 10361 approved in 2013 otherwise known as the Domestic Workers Act or Batas Kasambahay guarantees that the Kasambahay is afforded the opportunity to finish basic education, which shall consist of elementary and secondary education and mandates the DepEd to ensure their continued access to ALS (Rule IV, Section 16). 11. Republic Act No. 7610 of 1992 also known as Special Protection Against Abuse, Exploitation and Discrimination Act declares that it is a State policy to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. Scope This policy framework shall guide DepEd programs, both in formal education system and alternative learning system, and in public and private schools; and the support systems that enable their effective implementation. Definition of Terms Accessible or accessibility - refers to appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas (UNCRDP, Article 9,2006l) Accommodations - are the appropriate actions made regarding the learning environment, learning materials and other resources, curriculum format, equipment, and devices to allow learners with disabilities be able to learn and develop understanding of the content, and competencies being taught or be able to complete the task/activities given to them by their teachers. Assessment - refers to the initial, ongoing, and continuous process of gathering information/ data to ascertain the learner's current level of functioning, such as but not limited to cognitive, motor, psychosocial, communication, and adaptive as basis for educational planning. Assistive devices and technologies - are resources with the primary purpose of maintaining or improving an individual's functioning and independence to facilitate participation and to enhance overall well-being. These devices can also help prevent impairments and secondary health conditions [WHO, 2017). Context refers to the particular setting, situation, or circumstance of the learner influenced by personal, cultural, political, social, and economic factors (e.g. disability, ethnicity, gender, religion, socialization in the family and the wider community, social history, economic status, personal capabilities, available resources), as well as the specific environment in which the learner lives, interacts with other people, and where learning takes place. Curriculum Adaptation - refers to the process of adjusting the delivery of the K to 12 Curriculum through accommodation and modification to ensure its responsiveness to the needs of learners with disabilities. Disability - refers to a long-term physical, mental, intellectual, behavioral, or sensory condition that substantially limits one or more physiological or anatomical function of an individual or activities of such individual which results to limitation or difficult5r encountered in executing a task or action (UNCRPD, 2OO6; Section a @1, RA 72771. Educational Assistance - refers to the provision of monetary and non- monetary assistance for learners with disabilities be able to complete their basic education, such as transportation or meal allowance, extra time for remedial instruction or tutoring, among others. Educational Placement - refers to an appropriate learning environment where the learner with disability is placed such as mainstream and inclusive class, resource room, self-contained class, home, or hospital; this will be based on assessment results. Educational Program and Services - refers to any educational interventions, programs and services that will ensure support to learners with disabilities for an equal opportunity to access quality basic education. Equity refers to the value of securing the right to education of all learners, and their rights within and through education to realize their potentials and aspirations. Equitable refers to the rights-based appropriation of resources and opportunities for all learners. General Education Teacher - is an individual with a professional license to teach and who handles typically developing learners and learners with disabilities in an inclusive class. Inclusion All learners shall have access to and participate in all aspects of life in school, in learning centers and other places of learning. Inclusive Education - refers to a process of addressing and responding to the diversity of needs of all learners by moving towards the end goal of full participation, presence and achievement in learning, cultures, and communities, and eliminating, exclusion within and from education. It involves accommodation, modification, adaptation, and individualization in content, approaches, structures, and strategies, with a common vision that covers all learners of the appropriate age range, and a conviction that it is the State's responsibility to educate all children. It also focuses on achieving quality education that fosters diversity and flexibility towards full participation of all learners with disabilities. Indivlduallzed Educatlonal Plan (IEP). Every learner with disability shall have an IEP that articulates his/her learning goals based on the K to 12 basic education curriculum. The IEP may also include goals that prepare the learner for the K to 12 curriculum and the transition program. All persons involved in the program shall ensure that it is carefully planned, constantly monitored, and reviewed periodically to ensure the learner's progress towards the realization of the agreed goals/performance. The IEP model shall form part of the Manual of Operation on Operation on the Provisions of LWDs Learner refers to any individual, regardless of age, sex, gender, disability, ethnicity, cultures, and religion, enrolled in basic education to enhance his/her knowledge, skills and values to improve the quality of his/her life and to develop his/her potentials. Learning Environment refers to learning facilities, resources and technology, means of teaching, modes of learning, and connections to community, societal and global contexts towards the total development of the learner. Modification- may be used to describe changes in the curriculum. Modifications are made "for learners with disabilities who are unable to comprehend all of the content an instructor is teaching" (Disabilities, Opportunities, Internetworking, and Technology, 2O2l, par. 21. Resource Room - refers to a room within a medium or small school that does not have tJle ILRC. It serves as a place to render remedial or any other interventions for LWDs who need additional support services. Special Education Teacher - refers to a professional licensed teacher with a specialization on Special Education. Support Services -- refers to the necessar5r services appropriate to the needs of learners with disabilities such as but not 'limited to sign language interpreting, speech-language therapy, and physical therapy, assessment, occupational and behavioral therapy, and others. Universal Design for Learning (UDL) is a framework to improve and optimize teaching and learning for all people based on scientific insights into how humans learn (Center for Applied Special Technology 2017).