IRR of REPUBLIC ACT NO. 11650, July 18, 2024

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11650, OTHERWISE KNOWN AS THE “INSTITUTING A POLICY OF INCLUSION AND SERVICES FOR LEARNERS WITH DISABILITIES IN SUPPORT OF…

Republic Acts July 18, 2024



Pursuant to Section 32 of Republic Act No. (RA) 11650, titled “An Act Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of Inclusive Education, Establishing Inclusive Learning Resource Centers of Learners with Disabilities in All School Districts, Municipalities and Cities, Providing for Standards, Appropriating Funds Therefor, and for Other Purposes,” otherwise known as “Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of Inclusive Education Act,” Department of Education (DepEd), in consultation with Department of Health (DOH), Department of Social Welfare and Development (DSWD), and other concerned government agencies and education stakeholders, hereby issues the following rules and regulations to implement the provisions of the Act:

SECTION 1. Title. – These rules and regulations shall be referred to as the Implementing Rules and Regulations (IRR) of RA 11650, otherwise known as “Instituting a Policy of Inclusion and Services for Learners with Disabilities in Support of Inclusive Education Act.”

SEC. 2. Scope and Application. – Pursuant to Section 5 of the Act, this IRR shall apply to all early and basic education schools and Community Learning Centers (CLCs), both public and private. All schools and CLCs, whether public or private, shall ensure equitable access to quality education for every learner with disability, such that no learner shall be denied admission on the basis of disability.

SEC. 3. Rule on Interpretation. – Any ambiguity arising the execution and interpretation of the provisions of this IRR, along with other guidelines and policies to be issued in relation thereto, shall be resolved in accordance with the Rationale and Policy Declaration of the Act.

SEC. 4. Objective. – The purpose of this IRR is to provide guidance and instructions for the effective implementation of RA No. 11650.

SEC. 5. Definition of Terms. – As used in this IRR, the following shall mean or be understood as follows:  

a.
Accessibility expert refers to a trained individual who is knowledgeable in providing accessibility support to learners with disabilities through group or individualized training activities on the use of assistive technology and accessible contents;

b.
Alternative Learning System (ALS), in accordance with RA No. 11510 or the “Alternative Learning System Act,” refers to a parallel learning system that provides a viable alternative to the existing formal education instruction. It encompasses both nonformal and informal sources of knowledge and skills;

c.
Assessment refers to the systematic collection, review, and use of information about a wide variety of methods or tools used to evaluate, measure, and document the academic readiness, learning progress, skills acquisition, educational support, and related needs and services of learners for the purpose of improving their learning and development;
d.
Basic Education refers to a program of instruction intended to meet the basic learning needs which subsequent learning can be based. It encompasses kindergarten, elementary and secondary education of al learners, including those with disabilities, as well as those learners under Alternative Learning Systems as provided in RA No. 11510 and RA No. 10533, or the “Enhanced Basic Education Act of 2013”;

e.
Braille transcriber refers to personnel that provides services for learners with blindness such as print-to-braille transcription and print illustrative materials to tactile graphics;

f.
Child Development Centers (CDCs) refers to those day care centers established in every Barangay under RA No. 6972 or the “Barangay-Level Total Development and Protection of Children Act” and converted to CDC’s under RA No. 10410 or the “Early Years Act of 2013.” CDCs are implementing health, nutrition, early education, and social services development programs that provide for the basis holistic needs of learners with disabilities below five (5) years old to promote their optimum growth and development;

g.
Child Find System (CFS) refers to the system of identification, location, and evaluation of learners with disabilities not more than twenty-four (24) years of age who are not receiving basic education services for purposes of facilitating their inclusion into the general basic education system. It likewise covers learners with disabilities below five (5) years old who are not receiving early services and programs under RA No. 10410;

h.
Children who are at risk of disabilities refer to learners experiencing difficulties in learning, having disability or illness due to biological, psychological or environmental risk factors;

i.
Development delay refers to the delay that exists when a child does not reach developmental milestones at the expected age in any dimensions of functioning;

j.
General Education system refers to both Early Childhood Care and Development (ECCD) and Basic Education including ALS and other flexible learning options;

k.
Inclusive Education refers to the process of addressing and responding to the diversity of needs of all learners by moving towards the end goal of full and effective participation, presence, and achievement in learning cultures and communities, which involves accommodation, modification, adaptation, and individualization in content, approaches, structures, and strategies. It involves equitable opportunities for learners with disabilities to receive educational service, and the needed support and related services with their age-appropriate peer groups and, as far as practicable, in such schools or Inclusive Learning Resource Centers of Learners with Disabilities (ILRC) nearest their homes or residences, in order to prepare them to live as fully functional members of society;

l.
Inclusion refers to a process where all learners, regardless of their background and abilities, are given an equal chance to play, learn, and interact together in the same learning environment and the community. It is an approach where every learner is valued, supported, and given access to equal opportunities and learning experiences within an ILRC, CDC, or school setting, and the community;

m.
Inclusive Learning Resource Center (ILRC) of Learners with Disabilities refers to a physical or virtual center that provides support and related services to teaching and learning using appropriate, accessible, disability linguistically, culturally, and gender-sensitive instructional learning materials, tools, devices, gadgets, and equipment to facilitate and enhance learning, and assessment tools and instruments to evaluate developmental domains and specific areas of concern to determine appropriate services and placement decisions, with support and related services from medical, health, and allied professionals for care, habilitation, rehabilitation, and development of learners with disabilities;

n.
ILRC Personnel refers to all personnel who are considered qualified by DepEd to administer special needs services provided in this IRR. These include, but not limited to, guidance counselors, special needs teachers who are duly licensed professional teachers, all persons who are qualified to teach sign language or Braille, para-teachers, learning support aides, and other persons as may be qualified by DepEd to teach learners with disabilities in the ILRC, CDC, a resource room or inside or outside a classroom;

o.
Individualized Education Plan (IEP) refers to the systematic, purposive, and developmental educational programming of curricular and instructional priorities and contents designed to meet the educational requirements of a learner with disability and ensure mastery learning of skills and behaviors. It includes services to be provided and the duration and frequency of such describes the learner’s present level of performance, how the learner’s disabilities affect academic performance and specifies accommodations and modifications. An IEP shall be designed to meet the unique educational needs of a learner with disability who shall receive appropriate services, have real opportunities for equality, and fully participate in the general education system and the community. It shall likewise aim at developing the learner’s strengths and talents to achieve the greatest possible self-sufficiency and independent living;

p.
Instructional Materials for Learners with Disabilities refer to textbooks in Braille, large-type, audio, digital, or Filipino Sign Language (FSL) materials for the deaf, augmentative and alternative instructional materials for learners with developmental disabilities, or any other medium or apparatus that convey information to learners with disabilities or otherwise contributes to the learning process;

q.
Learners with Disabilities refer to all learners in the general early and basic education system, in whatever program, who require additional support and related services and pedagogic methods due to their long or short-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with other to develop them to their maximum capability;

r.
Learning Support Aides refer to qualified persons who work together in collaboration with special needs education teachers and para-teachers as defined in the Act and this IRR and contribute to the provision of services that promote achievement and progression of learners with disabilities. They may include those persons with experience in caring for learners with disabilities, graduates o any appropriate caregiving course under the Technical Education and Skills Development Authority (TESDA) or its accredited schools or training centers, and graduates of senior high school with caregiving as his or her specialized subject;

s.
Multidisciplinary Team refers to a group of health and allied health professionals who, through their specialized assessment, shall provide intervention and other recommendations that ensure the overall health and well-being of learners with disabilities;

t.
Multi-year Roadmap refers to a document that shall serve as a guide to government agencies and private stakeholders for the optimal realization of the objectives of the Act. It shall be part of and aligned with basic education roadmap as formulated by DepEd. It shall likewise contain the current policy, practices, gaps, and challenges affecting the early and basic education of learners with disabilities, set detailed targets and outcomes for a minimum period of five (5) years and provide the public and private stakeholders with specific actions or interventions including implementation and monitoring strategies and annual budgetary requirements. It shall be subject to a periodic review and updating to determine its implementation status and ensure that the delivery of services envisioned in the Act and this IRR is sustained;

u.
Para-teachers refers to those who have taken the licensure examination for teachers but were unable to qualify, and have been issued by the Board of Professional Teachers a special permit indicating their area of assignment and their completion of training programs on special needs education, or inclusive education to teach learners with disabilities in accordance with RA No. 9293, otherwise known as “An Act Amending Certain Sections of Republic Act Numbered Seventy-Eight Hundred and Thirty-Six (R.A. No. 7836), otherwise known as the “Philippine Teachers Professionalization Act of 1994”;

v.
Related Services refer to the provisions which include but not limited to, linguistic solutions for deaf learners’ concerns, speech-language pathology and audiology services, interpreting services, intervenor services, psychological services, physical and occupational therapy, recreation, social services, school health services, counseling, rehabilitation, and other mental health services, vision care services, orientation and mobility services, medical services, behavioral therapy services, braille transcription services, alternative format conversion services, and transportation services, as may be required to assist a learner with disability to fully enjoy the rights and benefits from education services;

w.
Reasonable Accommodation refers to the necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure learners with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms including their right to quality education;

x.
Resource Room refers to a room within a school that does not have the ILRC which serves as a place to render remedial or any other interventions for learners with disabilities who need additional support services;

y.
Registered Social Worker refers to a qualified professional with a licensed to practice social work, recognized and designated by the Department of Social Welfare and Development (DSWD) or the Local Social Welfare and Development Office (LSWDO). Their role encompasses an understanding of the client’s needs, assessing and employing appropriate interventions aligned to each individual’s circumstances, all within the framework of the approved guidelines and professional standards;

z.
Secretary refers to the Secretary of DepEd;

aa.
Special Needs Educations (SNED) refers to the customized instructional program or service designed to meet the diverse needs of an individual learner with disability, which may necessitate supplementary aids and services and teaching strategies in the classroom of non-academic settings. They include instructions on physical and vocational education, social skills development, and basic survival needs, and providing reasonable accommodations, modifications, adaptations, and individualization, as needed. It includes learners with disabilities in the general education system to enable them to realize their full potential and prepare them as independent functioning members of society. The term “Special Needs Education” shall replace the term “Special Education (SPED)”;

bb.
Special Needs Education Teacher (SNED Teacher) refers to an individual who teaches academic and life skills to basic education learners who have a range of disabilities and learning difficulties using various strategies targeting the learner’s holistic development. SNED teachers work in partnership with a general education teacher in planning, teaching, and providing support to learners with disabilities. They must have a degree in any of the following: Bachelor of Special Needs Education, Bachelor of Elementary or Secondary Education with Specialization in Special Needs Education, any Allied Undergraduate and Graduate degrees with at least eighteen (18) units in Professional Education with Specialization in Special Needs Education (SNED) or such other related degree program as may be developed in the future, and is qualified to teach Special Needs Education as provided in existing rules and regulations of DepEd;

cc.
Support Services refers to services provided to learners with disabilities by the ILRCs, schools, other facilities, group of medical and allied medical professionals, or by the community in general that facilitate, aid, and support the early and basic education of learners with disabilities in the potential toward self-sufficiency and become fully participative members of society. These include related services as defined therein;
dd.
Universal Design, as defined in the “United Nations Convention on the Rights of Persons with Disabilities,” refers to the design of products, environments, programs, and services to be usable by all people to the greatest extent possible without the need for adaptation or specialized design. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where there is needed;

ee.
Universal Design for Learning (UDL) refers to a scientifically valid framework for guiding educational practice that:

  i.
Provides flexibility in the way information is, presented, students respond or demonstrate knowledge and skills, and their engagement; and

 
ii.
Reduces barriers in instruction, provides appropriate accommodations, supports mental and physical challenges, and maintains high achievement expectations for all students, including learners with disabilities.

 
It also refers to a set of principles that guides the design of inclusive classroom instruction and accessible course materials. The three (3) principles of UDL are:

  a)
Recognition refers to multiple methods of representation that give learners a variety of ways to acquire information and build knowledge;

  b)
Strategic Learning refers to multiple means of student action and expression that provide learners alternative modes for demonstrating what they have learned; and

  c)
Affective Learning refers to multiple modes of student engagement that tap into interests, challenge them appropriately, and motivate them to learn.


SEC. 6. Inclusion Policy for Learners with Disabilities in Public and Private Schools. – The policy of inclusion is hereby instituted in all early and basic education schools, both public and private. All schools, whether public or private, shall ensure equitable access to quality education to every learner with disability, such that no learner shall be denied admission on the basis of disability.
For purposes of this IRR, the minimum services and conditions that a school must include in its admission systems and policies shall include the following:

a)
Provision of necessary accommodation and modification and when appropriate assistive devices and technology to assist learners with disabilities in the admission process;

b)
Accessible facilities and infrastructures compliant with BP 344 otherwise known as the “Accessibility Law,” as amended;

c)
Pre-referral and assessment process to ensure early detection and identification of disabilities; and

d)
Other forms of reasonable accommodation as may be mandated by DepEd.

Furthermore, to ensure the institution of policy of inclusion, all schools shall ensure that learners with disabilities and children who are at risk of disabilities shall be referred to the ILRCs for proper assessment of needs to identify the educational, related and support services and other forms of reasonable accommodation the child may need. This included IEP preparation in Section 13 of this IRR, if warranted or needed.
All learners with disabilities, whether enrolled in public or private schools, shall be accorded services and reasonable accommodation based on the IEP and shall have the right to avail of the appropriate support and related services under Section 8 of this IRR.

SEC. 7. Establishment of ILRCs. – DepEd, in collaboration with local government units (LGUs), shall initially establish and maintain at least one (1) in cities and municipalities: Provided that, in cities or municipalities requiring the establishment of such ILRCs in every schools district, as determined by DepEd, such ILRCs shall be established based on the multi-year roadmap, or as resources may allow.
All existing SPED Centers shall be converted to and renamed as “Inclusive Learning Resource Center.” Subject to item 7.3 of this IRR, each ILRC shall independently manage their own resources and operations and make their own budgetary decisions.  
    

 
7.1.
The LGUs may establish satellite ILRCs in schools, the operations and maintenance of which shall be included in the School Improvement Plan (IP). The SIP refers to a roadmap that lays down the school’s specific interventions and solutions to corresponding identified priority improvement areas and aims to improve the three (3) key result areas in basic education: access, quality, and governance.

For purposes of this IRR, DepEd shall issue guidelines on the establishment, operations, functions, and maintenance of al ILRCs including satellite and virtual ILRCs.

 
7.2.
Private early or basic education schools may likewise establish additional facilities needed for the education of learners with disabilities in coordination with ILRCs within their cities or municipalities.

 
7.3.
All ILRCs shall meet the following minimum standards:

    1.
Compliance with BP 344 otherwise known as the “Accessibility Law,” as amended;

    2.
Availability of services of trained ILRC supervisor, special needs education teacher, para-teacher, and learning support aide;

    3.
Availability of services of multi-disciplinary teams and other specialists referred to this IRR; and

  4.
Other qualifications as may be promulgated by DepEd.

Additionally, to encourage private early or basic education schools the establishment of better ILRC services and facilities, DepEd, through the issuance of a Department Order, shall provide non-monetary incentives, such as a seal of excellence awards scheme to LGUs and said schools.

 
7.4.
DepEd shall monitor and supervise all established ILRCs and shall coordinate with concerned offices for inclusive education at each governance level from national to district levels to oversee its operations.

Established ILRCs located in cities, municipalities, or school districts will be monitored and supervised at the School Division Office (SDO) level. For SPED Centers that have been converted to ILRCs, monitoring and supervision will be conducted at the school level.


SEC. 8. Functions of ILRCs. – The ILRC shall deliver free support and related services towards the fulfillment of the goals of inclusive education. It shall:

  8.1.
Implement the CFS to ensure that all learners with disabilities who are not receiving early and basic education services are identified, located, evaluated, and facilitated their inclusion into the general education system;
   
For purposes of this IRR, an integrated CFS shall be developed and promulgated by DepEd, in coordination with ECCD, DSWD, DOH, and Department of the Interior and Local Government (DILG) to ensure that learners 0-6 years old are mapped for early detection and appropriate referral for inclusion and intervention for purposes of facilitating their inclusion into the general basic education system. Likewise, learners with disabilities who are 7-24 years old who are not receiving basic education services shall also be identified and assessed for the same purposes. These shall include children who are at risk of disabilities and with developmental delays.

  8.2.
Utilize the expertise of a multidisciplinary team to conduct educational assessments and diagnosis of learners with disabilities, to identify specific developmental areas of concern and determine appropriate services and placement options for the preparation of their IEPs;

   
For this purpose, the multidisciplinary team shall primarily conduct the screening and assessment of all learners with manifestations of disability. On the conduct of screening and assessment, the multidisciplinary team is allowed to require the services of doctors employed in DepEd field offices. Support services in the screening and assessment of learners with disabilities from other National Government Agencies (NGAs) and stakeholders can nevertheless be accepted and recognized by ILRCs;

  8.3.
Spearhead the preparation, implementation, and review of the IEP in consultation with the concerned learners with disabilities and their parents, guardians, or primary care providers;

  8.4.
Provide appropriate support and related services as needed by learners with disabilities in their education, including school-based trainings to learners with disabilities and their diverse needs for their inclusion in the general education system;

  8.5.
Produce, procure, and ensure the availability of appropriate teaching and instructional materials for learners with disabilities, in accordance with existing intellectual property laws and regulations;

   
For this purpose, ILRCs shall coordinate with Bureau of Learning Resource (BLR) for the development, procurement, and production of teaching and instructional materials for learners with disabilities. In addition, DepEd shall assist ILRCs by providing to the latter a record and compilation of existing teaching and instructional materials, which were developed and are being utilized by DepEd’s bureaus and other different relevant government agencies such as, but not limited to, DOH, Department of Information and Communications Technology (DICT), Department of Science and Technology (DOST), and National Council on Disability Affairs (NCDA), that ILRCs may utilize in the performance of their functions;

   
ILRCs may avail resources and learning materials developed by Civil Society Organizations (CSOs), especially those catering to the disability sectors and their representatives in the development of appropriate teaching and instructional materials for learners with disabilities;

  8.6.
Provide and facilitate consultative mechanisms, counseling, technical assistance, and training of general basic education teachers, administrators, CDC child development workers and teaches, non-teaching personnel, parents, care providers, guardians, or other family members on the education of learners with disabilities;

  8.7.
Establish a referral system that shall provide and organize multidisciplinary services need by learners with disabilities and their families to mobilize community resources;

   
For this purpose, ILRCs and CDCs shall collaborate closely to fully implement referral systems. DepEd – Bureau of Learners Support Services (BLSS) shall be consulted in the development of said systems for diagnosis and interventions. Additionally, IACC shall engage relevant bureaus, offices, agencies, and partners to enhance the referral systems further.

   
DepEd shall also develop an inter-agency referral system from ECCD to basic education, mental health and psychosocial support (MHPSS), and livelihood or employment, in coordination with DOH, DSWD, TESDA, DILG, and Public Employment Service Office (PESO);

  8.8.
Monitor and ensure that learners with disabilities within the city or municipality or schools district receive the appropriate services as stipulated in the IEP;

  8.9.
Deliver such services, as developed and mandated by DepEd, under the ILRC’s alternate educational programs, early intervention program, and transition program among others;

   
a)
Alternative Educational Programs refer to program provided to learners with disabilities who are not able to attend school due to the severity of their disabilities or other circumstances, or both. The range of alternative educational programs or placement may include, but is not limited to, home-based, hospital-based, or community-based instruction.

   
For this purpose, DepEd shall oversee the unified development and implementation of Alternative Educational Programs across relevant bureaus and services within the Department. Additionally, DepEd shall issue guidelines on the implementation of these alternative educational programs in terms of modes of delivery, personnel and material requirements, and other relevant areas of concern.

    b)
Early Intervention Program refers to any form of educational program, therapy treatment, nutritional intervention, or family support designed to reduce the effects of disabilities or prevent the occurrence of learning and developmental problems, or both, later in the life of the children from birth to five (5) years presumed to be at risk for such problems.

   
For this purpose, DepEd shall develop policies and guidelines on the implementation of the Early Intervention Program together with ECCD, DSWD, DILG, LGU, and other relevant stakeholders.

    c)
Transition Program refers to a coordinated set of courses and activities for learners with disabilities that is:

      i.
Designed within an outcome-oriented process, which promotes movement from school to post-school activities that include post-secondary education, vocational training, integrated employment, supported employment, continuing and adult education, adult services, independent living or community participation; and

     
ii.
Based upon the individual learner’s needs, taking account the learner’s preferences and interests; and includes instruction, related services, and community experiences.

   
For this purpose, DepEd, in collaboration with CHED, TESDA, and other concerned stakeholders, shall develop guidelines for Transition Programs that would empower learners with disabilities with necessary skills for their post-school activities. The transition planning and services shall be an important component of the IEP of learners with disabilities.

  8.10.
Initiate the implementation of research-based innovative approaches and adopt or replicate best practices in providing educational or support and related services to learners with disabilities.

  8.11.
Orient the LGUs served by the ILRCs on the diverse needs and potentials of learners with disabilities;

  8.12. Familiarize the ILRC and its personnel with the city or municipality they serve, and the diverse needs and potentials of learners with disabilities;

  8.13.
Provide access to aids and services that are non-educational, but which enhance the educational process for the learners with disabilities. These shall include, but not limited to:

    a)
Language and speech therapy, occupational therapy, physical and physiotherapy, among other modes of treatment through a multidisciplinary team;

    b)
Quality reading and writing materials, especially Braille materials for learners with visual impairments, or other effective methods of delivering materials;

    c)
Acquisition and adaptation of equipment or devices;

    d)
Provision of consultation for creating appropriate and reasonable accommodation in the classroom, among others;

    e)
Provision of qualified sign language interpreters for deaf learners;

    f)
Assistance and monitoring in the transfer, or admission of eligible learners with disabilities to post-secondary or tertiary education institutions; and

    g)
Other similar services and actions or all types of aids and services that facilitate the learning process of learners with disabilities as determined by DepEd; and

  8.14.
Perform other functions as may be necessary in providing and facilitating the provision of support and related services to learners with disabilities.

   
The ILRC may also provide the same services to all other learners, including learners with disabilities under the ALS Program, as identified by school officials and teachers, parents, guardians, or the learners themselves.


SEC. 9. Hiring of ILRC Personnel Functions. – In addition to teachers with special training, special needs education teachers, para-teachers, learning support aides, licensed social workers, and other allied professionals with the knowledge, skills, and special training in interacting and dealing with learners with disabilities, DepEd, in accordance with its internal policies on recruitment, selection, and placement, shall hire the necessary personnel and support staff, including qualified persons with disabilities or parents, guardians, or primary caregivers of learners with disabilities, to operate, administer, and oversee the ILRC.
For purposes of this IRR, the ILRC workforce will be required to undergo continuous training and development in relevant areas such as CFS, referral pathways, IEP implementation, instructional strategies, and the like.
Each ILRC shall have an ILRC Supervisor and a multidisciplinary team, and supported by mobile teachers, a mobile multidisciplinary team, and para-teachers wherever necessary. They shall have the following functions:

  9.1.
Supervisor. The Supervisor shall:

    a)
Administer and supervise the ILRC Programs and oversee its other components;

    b)
Monitor and supervise the provision of technical assistance, training, and enhancement programs for the ILRC personnel. For purposes of this IRR, technical assistance shall include training needs assessment, advice on disability-inclusive processes, planning for capacity-building activities, and the like;

    c)
Prepare reports regularly on the operations of the ILRC to include the progress of learners with disabilities and submit the same to the Secretary through the Schools Division Office;

    d)
Ensure the performance of the functions of the ILRC and the implementation of the objectives of the Act and this IRR; and

   
e)
Perform such other related functions as may be designated by the Secretary.

  .
For this purpose, DepEd may, to the extent practicable, delegate as ILRC Supervisor from its pool of qualified personnel, subject to the qualification standards outlined in the rules and regulations of DepEd.

  9.2.
Multidisciplinary Team. The multidisciplinary team shall prepare the IEPs of all learners with disabilities based on the team’s assessments and diagnoses, monitor and evaluate the implementation of the IEP, and ensure that learners with disabilities are included within the general education system by appropriate and qualified personnel as close as possible to their homers and alongside their age-appropriate peer groups with or without disabilities.

   
The multidisciplinary team shall be composed of any or all of the following professional scientists, as regulated by the Civil Service Commission (CSC) and such special laws governing them, as may be necessary:

    a) Child and Adolescent Psychologist;

    b)
Developmental Pediatrician;

    c)
Educational Psychologist;

    d)
FSL Interpreter;

    e)
FSL Specialist;

    f)
ILRC Supervisor;

    g)
Neurologist;

    h)
Occupational Therapist;

    i)
Physical Therapist;|

    j)
Psychometrician;

    k)
Psychiatrist;

    l)
Reading Specialist;

    m)
Special needs teacher, who shall be the lead interventionist and implementor of the IEP;

    n)
Specialist for Braille and Other augmentative and alternative modes of communication;

    o)
Speech Language Pathologist; and

    p)
Sign Communication or Visual Specialist.

   
School heads of schools where ILRCs are established and the general education teachers are likewise members of the multidisciplinary team. Any additional professionals and specialists may be included as members of a multidisciplinary team, contingent upon the determination by the respective ILRC Supervisor that the services of such professionals and specialist are indispensable in accomplishing the mandates of a multidisciplinary team provided in the Act and this IRR.

   
For this purpose, DepEd, at all levels of governance, in coordination with DOG, LGU, and relevant stakeholders, shall map, coordinate, and engage professionals and specialist needed by the ILRCs for its multidisciplinary team. Furthermore, DepEd, DOH, or LGU may request the services of doctors employed in DepEd field offices and enlist professionals and specialist through employment or service contracting as may deemed probable, consistent with the employment rules and regulations of the hiring office.

  9.3.
Mobile Teachers. Mobile teachers shall be hired unless the ILRC Supervisor deems otherwise. Their principal task is to assist in the CFS and determine appropriate learning modalities using the services of the ILRC. They shall likewise share responsibility with the multidisciplinary team for planning and scheduling, assist isolated or remote schools with specialized equipment, individual programs, curriculum adjustment, and teaching aids, and perform other related functions. Mobile teachers shall either be special needs teachers or licensed teachers who have finished the necessary training programs on special needs education to be provided by DepEd.

  9.4.
Mobile Multidisciplinary Team. At least one (1) mobile multidisciplinary team in every municipality of city, or schools district with an existing ILRC, shall be organized as determined by the ILRC Supervisor. This team members shall serve as mobile consultants of the schools, the ILRCs, and the LGUs.

   
They may be drawn from professional organizations based in the region or nearby regions where the division is based. It shall be composed of necessary professionals and specialists in the multidisciplinary team as stated in paragraph 9.2 of this section. The mobile multidisciplinary team shall be prioritized for deployment to efficiently reach as many LGUs as possible.

   
Pursuant to this, DepEd, in consultation with the Advisory Committee under Section 14 hereof, and appropriate professional organizations, shall consider various programs to allow allied medical professionals in the relevant field to join the mobile disciplinary team.

  9.5.
Para-teachers. Para-teachers, as defined and regulated in this IRR and existing policies of DepEd, shall be hired and assigned to areas where there is a shortage or absence of a special needs teachers who is a duly licensed professional teacher as determined by DepEd. They shall perform the same tasks as special needs teachers within their areas of assignment. Provided, That they have completed the training programs on inclusive education to teach learners with disabilities prior to the performance of their tasks: Provided, further, That the completion of such training programs shall be indicated in the special permit.
     
   
After the expiration of their special permits, para-teachers shall be prioritized for employment as learning support aides or for other plantilla positions suitable to their qualifications within the ILRC in order to utilized their experience: Provided, however, that they took and passed the Licensure Examination for Teachers. DepEd shall provide opportunities for para-teachers to further develop their skills in special needs education.

   
To ensure the effective implementation of the Act, DepEd, DOH, and DSWD may hire other necessary personnel and support staff for the ILRC such as learning support aides.


SEC. 10. Remuneration, Benefits, and Incentives for ILRC Personnel and Staff. – The salary grades, benefits, and incentives of the ILRC Supervisions, teachers, and other personnel shall be in accordance with the Revised Compensation and Position Classification System and other civil service rules and regulations.

DepEd shall endeavor to attract the best available and qualified teaching staff and talents through adequate remuneration, benefits, scholarships and training grants, teacher exchange programs, incentives and allowances, and other means of securing their job satisfaction and tenure in their respective posts. A similar program shall be designed for support personnel to include interpreters, psychologists, social workers involved in the education, health and rehabilitation of learners with disabilities.

SEC. 11. Scholarship Program and Service Obligation. – DepEd, in collaboration with the Commission on Higher Education (CHED), shall develop a scholarship program for in-service teachers who shall take courses or the required master’s degree units on special needs education, inclusive education, or other courses to equip them with knowledge on policies, principles, and pedagogies on inclusive education, the grantees shall be required to fulfill an obligation to return service in DepEd.

DepEd shall take into consideration the personnel requirement for inclusive education for learners with disabilities at the regional level as indicated in the multi-year roadmap.

DepEd and CHED shall submit its report to the Joint Congressional Oversight Committee on a yearly basis.

SEC. 12. Pre-Service Education and In-Service Training. – DepEd shall collaborate with the CHED to ensure that teacher education institutions offering bachelor of elementary or secondary education degrees include in the curriculum courses on inclusive education which are updated and responsive to the diverse needs of learners with disabilities.

In order to adequately provide the needed personnel for the implementation of the Act and this IRR, the CHED, TESDA, and DepEd shall closely coordinate and effectively implement programs necessary to support the continuing education of DepEd personnel including a unified system for ladderized education, which shall have a mechanism for conversion of career experience into education degree credits. This shall include programs for transitions and progressions for teaching and non-teaching personnel, such as, but not limited to, programs for an education degree graduate to become a special needs education teacher, and a psychology degree graduate to become a guidance counselor: Provided, That they shall pass the required licensure examinations or were issued the required certifications.

DepEd, through National Educators Academy of the Philippines (NEAP), shall also coordinate with relevant partners in the government, the academe, and the private sector to develop and conduct appropriate training programs, advanced seminars, and workshops on disability for all in-service teachers, which may include those in private schools, to upgrade their skills and develop new professional competencies and enhance the services for learners with disabilities.

The Processional Regulation Commission (PRC) shall ensure that a separate set of questions for specialization on special needs education and inclusive education shall be incorporated in the licensure examination for professional teachers.

At least one (1) teacher education institution from Luzon, Visayas, and Mindanao, and in Metro Manila, Metro Cebu, and Metro Davao shall be established as a Center of Excellence in special needs education.

For purposes of this IRR, teacher education preparation and training shall be given priority. CHED shall ensure the offering of quality undergraduate and graduate programs for Special Needs Education to be offered by Higher Education Institutions (HEIs).

DepEd, through the NEAP and the Bureau of Human Resource and Organizational Development (BHROD), shall provide in-service training for teaching and non-teaching personnel. HEIs and other duly-recognized or accredited training institutions may be requested to assist in such trainings that can be credited for Continuing Professional Development points.

SEC. 13. IEP Preparation and Review. – With the active participation of the a SNED teachers, in collaboration with the multidisciplinary team and with the consent of the parents or guardians of the learners with disabilities and the learners with disabilities themselves, when appropriate, IEPs for all learners with disabilities who require specially designed instruction and educational support services and programs shall be prepared by the schools, the CDCs, and the ILRCs.

The IEP shall be based on the educational assessment and diagnosis of the learners with  disabilities by the multidisciplinary team and other relevant specialist. The parents or guardians of the learners with disabilities shall be given a copy of the IEP.

The IEP shall likewise be subject to an annual review or at such other period as may be determined by the multidisciplinary team, which shall not be later than one (1) year from its implementation to assess the progress of learners with disabilities and revise the plan when necessary.

An IEP review shall likewise be conducted upon the request of the parents or the school for its early review if there is a determination that such review is necessary. The result of the IEP review or the necessity of revising the same shall be communicated with the parents or guardians of the learners with the disabilities and the learners with disabilities themselves, when appropriate.

Guidelines for the assessment of learners with disabilities and preparation, implementation, and monitoring of the IEP shall be developed by DepEd in collaboration with the SPEC specialists, teachers, and members of the Multi-Disciplinary Team.

SEC. 14. Inter-Agency Coordinating Council for Learners with Disabilities (IACC). – For purposes of policy integration, harmonization, and coordination of functions, there is hereby an Inter-Agency Coordinating Council for Learners with Disabilities (IACC).

The IACC shall be composed of the following officials or their duly authorized representatives, up to the level of Assistant Secretary or its equivalent:

a) DepEd Secretary, as Chairperson;

b) DOH Secretary, as Co-Chairperson;

c) DSWD Secretary, as Co-Chairperson;

d) DPWH Secretary;

e) DILG Secretary;

f) Department of Finance (DOF) Secretary; and

g) NCDA Executive Director.

For purposes of this IRR, participation and involvement of other concerned national government agencies may be called upon by the IACC to ensure the accomplishment of its functions and complete execution of its policies.

14.1
The IACC shall perform the following functions:

  a)
Ensure that all government and private organizations involved are effectively implementing the provisions of the Act by conducting a quarterly assessment on the performance of their respective roles and responsibilities;

  b)
Ensure the formulation of a national policy on inclusive education;

  c)
Ensure the preparation and regularly review of the multi-year roadmap, supported by annual work and financial plans for the effective implementation of the Act and this IRR;

  d)
Develop policy guidelines and effective mechanism to ensure the implementation and enforcement of existing laws for learners with disabilities that contribute to their educational, physical, and psychosocial well-being;

  e)
Create appropriate and coordinated programs in health and related physiological and psychological health services, multidisciplinary domains, transportation and access for learners with disabilities. For this purpose, IACC shall map, maintain a directory, coordinate and engage professionals and specialists that may be needed by the ILRCs for its multidisciplinary team. It shall endeavor to provide an opportunity for these professional and specialists to convene for current trends and updates in the field in aid of policy and improvement of program delivery.

  f) Act as catalyst of change and source of information for the benefit of learners;

  g)
Constitute and authorize groups of experts on the education of learners with disabilities to conduct an annual audit to determine the compliance of the ILRCs on their operations; and

  h)
Coordinate with the Bureau of Learning Delivery (BLD) and the LGUs to ensure the establishment of ILRCs.

14.2.
The Council shall regularly convene at least once every quarter. The Council Chairperson may call a special meeting whenever necessary. Provided, That members are notified in writing at least three (3) days prior to the said meeting.


SEC. 15. The Bureau of Learning Delivery (BLD). – The BLD of DepEd shall implement the provisions of the Act and this IRR. It shall:

a)
Serve as the Secretariat of the IACC for purposes of coordinating the functions and meetings of the IACC;

b)
Coordinate with other national government agencies and offices as implementing partner agencies through an effective mechanism for the proper implementation and enforcement mechanism for the proper implementation and enforcement of the Act and other existing laws for learners with disabilities;

c)
In consultation with the Advisory Committee created pursuant to the Act and this IRR, other implementing partner agencies and stakeholders, formulate and adopt a national policy on inclusive education and prepare and regularly update a multiyear roadmap, supported by annual work and financial plan, for the effective implementation of the Act and this IRR;

d)
Participate in the development and implementation of an efficient and effective CFS in collaboration with the LGUs, the ILRCs, the ECCD Council and organizations of persons with disabilities;

e)
Formulate and implement policies and standards for the use of and ensure the availability of relevant training modules the learning delivery modalities for learners with disabilities, including the distance learning and training of their general education teachers, special needs teachers, para-teachers, and other persons as may be qualified by DepEd to teach learners with disabilities;

f)
Supervise, monitor, evaluate, and assess the compliance, operations, and performance of the schools and the ILRCs and their personnel pursuant to the Act, including the assessment for the need of additional ILRCs in schools district and regularly submit reports thereon to the IACC;

g)
Maintain a system for identification, referral, and intervention for learners with disabilities initiated by DepEd in coordination with the ECCD Council and other relevant stakeholders. In relation to Section 18 of the IRR, DepEd shall develop and maintain a system for the identification, referral, and intervention of learners with disabilities. Further, DepEd shall ensure proper coordination with key agencies such as but not limited to ECCD, DOH, and DSWD for the creation of knowledge management system for learners with disabilities;

h)
In coordination with a multidisciplinary team and the Advisory Committee for Education of Learners with Disabilities, develop the IEP framework and the guidelines for its preparation, and fundamental changes both in educational practice and design of educational services for inclusion of learners with disabilities in the general education system;

i)
Manage the funds intended for the implementation of the Act and this IRR and include in its program of work and fiscal plans the annual projects and activities to be undertaken by the IACC in the performance of its functions; and

j)
Perform such other necessary functions that the Secretary and the IACC may assign for the effective and efficient implementation of the Act.

For this purpose, BHROD, in coordination with BLD, shall hire additional personnel that shall compose the IACC Secretariat and handle all other functions relative to the implementation of the Act and this IRR. The personnel to be hired shall include on (1) Project Development Officer (PDO) IV, four (4) PDO III, six (6) PDO II, and eight (8) PDO I, all of which shall be under the Student Inclusion Division (SID). DepEd shall determine the qualifications, duties, and responsibilities of the personnel to be hired, as well as the compensation accruing with the internal policies and with existing rules and regulations of CSC and the Salary Standardization Law. 

SEC. 16. Progressive Realization of Inclusive Education. – The multi-year roadmap as provided in Section 14(c) of the Act shall be crafted to ensure the timely compliance of the implementation of the Act and this IRR, and the progressive realization of inclusive education.
Towards this end. the multi-year roadmap shall provide yearly targets for the following, such as, but not limited to:

a)
Conversion of existing SPED Centers to ILRCs, giving priority to those handling the most number of learners with disabilities;

b)
Creation of ILRCs in cities and municipalities without existing SPED Centers, giving priority to those cities and municipalities with the most number of learners with disabilities: Provided, that in cities and municipalities requiring the establishment of such ILRCs in every schools district, such as ILRCs shall be established on the multi-year roadmap, or as resources may allow;

c)
Creation of plantilla positions for ILRC personnel and staff, with consideration for career progression, in accordance with Section 8 of the Act; and

d)
Creation of plantilla position for teaching and non-teaching personnel needed for the implementation of the Act.

DepEd shall with its corresponding annual targets for the implementation of the roadmap to the Department of Budget and Management (DBM) and other concerned budgetary allocation and inclusion under the yearly national expenditure program of the government.
For purpose of this IRR, the multiyear roadmap shall be aligned with DepEd’s education agenda and development plan to provide a strategic mechanism to improve the delivery and quality of basic education for learners with disabilities.

SEC. 17. Advisory Committee for Education of Learners with Disabilities (Advisory Committee). – DepEd shall initiate the formation and establishment of the Advisory Committee through the issuance of a call for the submission of membership applications. The Advisory Committee shall be composed of representatives from various disability sectors, the academe, parent’s organizations, allied medical groups, and private business that cater to children with disabilities. Selection of members shall be conducted by DepEd, ensuring that each of the aforementioned sectors or groups is adequately represented.
The Advisory Committee, which shall directly coordinate and collaborate with the Secretary, shall have the following powers and functions:

a)
Represent learners with disabilities and their respective organizations, and participate in consultative meetings of DepEd and other organizations of persons with disabilities in the formulation of policies, plans and strategies, educational programs, rules and regulations, guidelines or regulatory changes on the education of learners with disabilities;

b)
Conduct research and policy studies on inclusive education and other matters related to the education of learners with disabilities;

c)
Participate in crafting, amending, evaluating, or updating the roadmap referred to this IRR;

d)
Subject to compliance with the provisions of RA No. 10173 or the “Data Privacy Act of 2012,” gather, consolidate, or interpret relevant data on the education of learners with disabilities and prepare the necessary report for the Secretary;

e)
For purposes of assessment, monitor the delivery of services for learners with disabilities as provided in the Act and this IRR;

f)
Review existing and recommend new legislation to promote the educational welfare, and physical and psychosocial well-being of learners with disabilities; and

g)
Perform other similar functions as may be necessary.

DepEd and its bureaus’ attached agencies are hereby charged to extend the necessary assistance and cooperation to the Advisory Committee in the performance of its functions. Likewise, DepEd may extend or allocate funds to the Advisory Committee for the performance of the above-enumerated functions, subject to existing budgeting, accounting, and auditing rules and regulations.

17.1 Composition of Advisory Committee for Education of Learners with Disabilities and the qualifications and terms of office of its members. The Advisory Committee is independent from DepEd and its members shall not be entitled to any compensation in the performance of their functions.
The Advisory Committee shall be composed of 15 members, as selected by the Secretary. In consideration of the wide range of disabilities and the evolving concept of inclusive education for learners with disabilities, the Advisory Committee may call upon and be assisted by other concerned CSOs, private sectors, and individuals, as may be necessary. The selection criteria for Advisory Committee members are the following: 
 

a.
Must be an organization of good standing and duly registered with the Securities and Exchange Commission (SEC);

b.
Must have a proven track record or achievements in relation to the implementation of plans, programs, projects, or activities of national scope, for learners with disabilities. The CSO or Non-Governmental Organization (NGO) must be engaged in advocacies for learners with disabilities for at least five (5) years;

c.
Must have an institutional structure for managing its affairs clearly showing the hierarchy of offices and/or officers;

d.
Must not have participated in the immediate past national election as a party-list representative or must not be currently seated as a party-list representative; and

e.
Must be represented by a person whose participation is endorsed by a majority of their organization’s officers.

Preferential consideration shall be given to the CSO or NGO who has an audited and updated financial reports of its operations for the last three (3) years.
Members of the Advisory Committee shall elect its chairperson and co-chairperson. The duties and functions of the latter are designated by the former.

17.2. Internal Rules of the Advisory Committee. The Advisory Committee upon organization shall formulate their internal rules which shall include replacement or recall of members who may be otherwise incapable of performing his/her tasks for any reason, voting procedures, and key performance objectives, among others.

17.3. Term of Office of the Members. The members of the Advisory Committee shall serve a three (3) year-term without prejudice to reappointment.

SEC. 18. Learner Information System. – DepEd, through its Planning Service and Information and Communications Technology Service, shall develop, maintain, and regularly update a secure Learner Information System (LIS) for learners with disabilities. It shall contain and store relevant disaggregated data of learners with disabilities such as, but not limited to, their personal information, socio-economic progress, and relevant medical records. The LIS shall likewise include information on existing ILRCs, status of delivery of services, list of public and private partners, and other relevant information that may be identified by DepEd.
Subject to the accessibility and security guidelines of DepEd, provisions of RA No. 10173 or the Data Privacy Act of 2012, provisions of this IRR, and other relevant government issuances, DepEd shall link the LIS to the CFS of the LGUs, the ECCD Council, the NCDA and to the information systems of other implementing partner agencies only after executing a Data Sharing Agreement and provided that access to data in the CFS and IEP by said agencies shall be limited to such data that are relevant to their roles and functions as determined in the Data Sharing Agreement.

Provided additionally, that the information uploaded in the LIS shall be regularly reviewed and updated to comprehensively record data requirements of learners with disabilities and other arising information that require documentation.

Provided additionally, that said access shall be limited to relevant personnel involved in early detection, screening, assessment, intervention, promotion, and other activities in support of inclusive education. Agencies allowed to access these data shall implement measures to secure data access ad confidentiality.
All implementing partners, public and private, and their personnel, teachers, and third party service providers shall ensure compliance with the provisions of the Data Privacy Act of 2012.

SEC. 19. Continuing Research to Identify the Needs of Learners with Disabilities.DepEd, through the Advisory Committee, by itself or in collaboration with relevant national government agencies and the private sector, shall undertake continuing research to identify and design strategies and programs that shall meet the diverse needs of learners with disabilities. Such continuing research shall also be used to develop instructional techniques and materials for use by the ILRCs towards improving the acquisition of skills for learners with disabilities for their transaction to independent disabilities for their transition to independent living, technical vocational training, or competitive skills development, and to design holistic programs for all schools and ILRCs to enhance the potential of the learners with disabilities to participate and be integrated into community life.

SEC. 20. Learner Assistance. – DepEd, DSWD, DOLE, NCDA, and LGUs shall develop programs to support the financial, educational, and accessibility needs of all learners with disabilities, particularly the economically disadvantaged learners with disabilities, as envisioned in RA No. 8425, otherwise known as the “Social Reform and Poverty Alleviation Act.”
The benefits accorded by RA no. 6728 as amended by RA No. 8545, otherwise known as the “Government Assistance to Students and Teachers in Private Education Act,” shall be extended to eligible high school learners with disabilities based on the criteria under the law on academic qualifications and financial needs and exiting DepEd guidelines. Learners with disabilities who are economically disadvantaged will be included as priority beneficiaries.
SDOs are tasked to encourage the LGUs within their jurisdiction to provide scholarships for allied medical professionals for the ILRCs and support services for learners with disabilities such as transportation support, assistive devices, and medical assistance including human support. Such assistance will be on top of the regular benefits and assistance enjoyed by persons with disabilities under existing laws and government programs.

SEC. 21. Sports, Recreation, and Artistic Opportunities. – DepEd shall establish opportunities for the safe, wholesome, interactive individual as well as group sports, recreation, artistic, and social acclivities of learners with disabilities, optimal use of leisure hours and advancement of physical, mental, social, and cultural development.
For purposes of this IRR, DepEd will collaborate with the agencies such as the Phil. Sports Commission, Commission on Culture and the Arts, and other public or private sports organizations, that can provide opportunities for inclusion of learners with disabilities in sports, recreation, artistic, and social activities.

SEC. 22. Instructional Materials for Learners with Disabilities. – Subject to the Philippine Marrakesh Regulations and other similar regulations, publishers shall grant the DepEd the authority to transcribe adopted instructional materials into accessible format which include, but not limited to, Braille large-print format, electronic, non-print or multimedia format for learners who are disables, without penalty or payment of royalty as provided in Republic Act No. 8293 otherwise known as the “Intellectual Property Code of the Philippines,” as amended. The publishers of a newly adopted instructions material shall provide, not later than the second working day after the adoption of a textbook title by the DepEd, the digital copy in accessible format of such materials for the purpose of producing their accessible versions for learners with disabilities.
The accessible versions shall be produced by DepEd or by non-profit accessible book producers who are authorized by IPOPHL to produce digital copies of instruction materials in accessible format. Said accessible versions shall indicate the copyright owner and the date of the original publication, and shall be copied and distributed without coat to either the learners with disabilities or their teachers-in-charge for instructional purposes. Production of instructional materials for learners with disabilities shall be in compliance with the “Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.” international and local laws, as well as rules and regulations issued by the appropriate government agencies.
For purposes of this IRR, DepEd, through the BLR and subject to existing national policies on intellectual properties, shall ensure that this provision of the law shall be enforced.

SEC. 23. Family Members, Guardians, and Care Providers’ Education and Roles. – Formal trainings, orientations, and counseling programs for parents, other family members, guardians, and care providers of learners with disabilities shall be developed and initiated by DepEd, and implemented in coordination with the LGUs, DSWD, ECCD Council, and the private sector. These programs shall equip and provide them with awareness and understanding of inclusive education such as the rights, privileges, benefits, and diverse needs of learners with  disabilities. These shall likewise set their essential roles as partners in educating learners with disabilities, to maximize their knowledge and skills to fully participate in developing the potentials of learners with disabilities.
For this purpose, the training to be provided for parents, guardians, or other family members, guardians, and care providers of learners with disabilities hall include any or all of the following:

1.
Procedural safeguards and processes to resolve disputes and complaints to protect the educational rights of learners with disabilities, as well as of their rights to actively participate and be involved in all aspects and stages of the latter’s education as provided in the Act;

2.
The assessment of learners with disabilities towards designing and implementation of the IEP;

3.
The utilization of instructional materials and assistive devices and technology in aid of the implementation of the IEP;

4.
Counseling intervention for both parents and learners with disabilities; and

5.
Other trainings as may have deemed necessary by DepEd.


SEC. 24. Incentives for Private Sector Participation. – Partnership between the government and the private sector catering to the diverse needs of learners with disabilities shall be encouraged. Any donation from the private sector in favor of DepEd for the provision of the necessary educational assistance, facilities, materials, and other appropriate support and related services for learners with disabilities shall be entitled to the benefits and incentives provided under Section 5 of RA No. 8525, otherwise known as the “Adopt-A-School Act of 1998,” allowing for additional deduction from the gross income equivalent to fifty percent (50%) of such expenses notwithstanding the provisions of existing laws to the contrary. Valuation of assistance other than money shall be based on the acquisition cost of the property taking into consideration the depreciated value of the property in case said property has already been used. They may also be entitled to the benefits of the first paragraph of Section 6 of said law.
The entitlements to such incentives shall be subject to the guidelines and minimum standards to be formulated by DepEd, provisions of the Revenue Code of 1997, as amended, and relevant revenue issuances of the Bureau of Internal Revenue (BIR).
For purposes of this IRR, DepEd, through the External Partnerships Service (EPS), shall provide the standards and guidelines for this section of the law.

SEC. 25. Responsibility of Government Agencies. – For purpose of this Act, the different agencies shall have the following roles:

a.
DepEd. DepEd shall be the lead agency in the implementation and yearly review of the programs promulgated by the Act and this IRR and shall ensure that learners with disabilities are guaranteed their right of access to free public early and basic education services. DepEd shall also ensure to maintain a workforce of sufficiently licensed professional special needs educators. It is imperative that DepEd provides comprehensive seminar and training workshops to enhance the qualifications and capabilities of these educators. Furthermore, DepEd shall facilitate the active participation of parents and legally authorized guardians in all programs pertinent to this statute. Additionally, DepEd shall guarantee the allocation of appropriate funds to effectively support and sustain the initiatives established by this legislation.

b.
DOH. DOH shall provide learners with disabilities with healthcare needs such as child mental health services, health plans, oral health care, family-to-family health information and education, advocacy organizations, habilitation and rehabilitation services, and other community organizations serving learners with disabilities and their families. It shall likewise coordinate with the ILRC for the services of Barangay Health Workers. This shall include the training of barangay health workers and other identified frontliners in identifying healthcare needs or manifestations of learners with disabilities.

 
Due to the importance of integrating primary care with mental health services, the DOH shall collaborate with the National Nutrition Council and the ECCD in the provision of inclusive health and nutrition services for the implementation of the Act.

 
Additionally, DOH and PhilHealth shall utilize their guidelines on assistive technology and rehabilitation provision in order to ensure appropriate assessment, prescription, and training in its safe and functional use.

c.
DSWD. The DSWD shall be responsible for the effective management and provision of social and welfare services, including auxiliary social services, for learners with disabilities based on their assessed needs, subject to its prescribed guidelines. It shall likewise coordinate with DepEd and the DOH for the details of necessary DSWD personnel to the ILRC.

d.
DPWH. The DPWH shall prescribe the proper physical indoor and outdoor set-up of the ILRC and ensure that the ILRC, roads, sidewalks, ramps, railings, and the like shall be constructed, built, and maintained in accordance with Batas Pambansa Blg. 344, otherwise known as the “Accessibility Law,” and universal design concepts to ensure their accessibility and the mobility of learners with disabilities.

 
The DPWH shall also ensure that ILRCs and school facilities consider the needs and requirements of learners with disabilities during emergencies and disasters and are compliant with Batas Pambansa 344 as amended.

e.
DOLE, TESDA, and PESO. The DOLE shall work with DepEd to develop a training program that helps learners with disabilities transition from school to work. Additionally, the DOLE shall provide the ILRC with current market analysis and offer job coaching sessions both before and during the employment of these learners. The DOLE, TESDA, and PESO shall facilitate job placements. The TESDA shall provide technical and vocational training when necessary. The PESO, on the other hand, shall conduct employability enhancement seminars, provide pre-employment counseling and orientation, and offer programs and activities on employment assistance pursuant to RA No. 8759, otherwise known as the “Public Employment Service Office Act of 1999,” as amended.

 
The DOLE, TESDA, and PESO shall lead the promotion of inclusion of learners with disabilities among public and private institutions and comply with the requirements set forth under RA No. 7277, otherwise known as the “Magna Carta for Disabled Persons,” as amended by RA No. 10524. They shall likewise disseminate materials and conduct orientation and information campaigns concerning effective practices in working training learners with disabilities.

f.
DILG. The DOLG, in consultation with DepEd, LGUs, and other relevant agencies and stakeholders shall promulgate the policies and guidelines relevant to the implementation of the Act and this IRR by the LGUs.

 
Additionally, DILG, in partnership with NCDA, capacitate LGUs on various disability-related training such as, but not limited to, sensitivity training and disability support unit guide for local higher education institutions.

g.
LGUs. The LGUs shall also perform the following responsibilities:

  i.
Partner with public or private volunteers and local or international private organizations, duly recognized and accredited by appropriate government office, for technical guidance and information dissemination campaigns and support to augment the funding for the services pertaining to the Act;

  ii.
Participate in all efforts concerning inclusion of learners with disabilities in the general education system, health services, transport services, and other social and welfare services;

  iii.
Adopt measures to raise awareness in the community to respond to the needs of learners with disabilities;

  iv.
Enact appropriate ordinances to implement the LGU’s role in the Act;

  v.
Coordinate and share the responsibility with national government agencies and other stakeholders for the implementation, regulation, enforcement, and monitoring of the provisions of the Act with in their territorial jurisdiction, including CFS; and

 
vi.
Advocate for para-teachers, learning support aides, and social workers to utilize the free online courses offered by the NCDA through their Accessible Online Learning System.

 
Notwithstanding the provisions of Sections 235 and 272 of RA No. 7160, otherwise known as the “Local Government Code of 1991,” the Local School Boards shall be authorized to set aside a portion of the proceeds to the Special Education Fund to supplement the funds of DepEd and other implementing partner for the delivery of support and related services for learners with disabilities to include, but not limited to, any of the following:

 
i.
Provision of sites, buildings or centers where there are no existing school facilities that may be used for purposes of the Act;

 
ii.
Provision of assistive devices, instructional materials, and teacher’s training;

  iii.
Delivery of health and nutrition services and interventions and educational assessment program for learners with disabilities in their respective localities that shall be initiated by the DOH and DepEd, respectively; and

  iv.
Provision of trainings on livelihood and entrepreneurial skills, in coordination with DOLE and TESDA.

f.
Barangays. The barangays shall coordinate with the Persons with Disability Affairs Office (PDAO) established under RA No. 7277, as amended by RA No. 10070, in their respective cities and municipalities for the assistance that they may provide for learners with disabilities their parents or guardians, care providers, and other family members on matters affecting the education and provision of services to learners with disabilities as provided in this Act.

 
A barangay may seek assistance from the ILRC in its area to facilitate the proper training of barangay help desk personnel to perform their functions under this section. The ILRC shall likewise ensure that necessary information and materials on the rights of learners with disabilities under the Act and other existing laws are provided to the barangays.


SEC. 26. Protection of Learners with Disabilities. – The Secretary shall issue policies and guidelines for implementation at all governance levels of DepEd to protect the learners with  disabilities within the ILRC and school premises against neglect, abuse, cruelty or exploitation, bullying, discrimination, and other acts or conditions prejudicial to their physical and psychosocial well-being and development as provided in the Act, RA No. 7277, as amended, RA No. 10627 or the “Anti-Bullying Act of 2013,” RA No. 7610 or the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act”, and other existing laws.

SEC. 27. Procedural Safeguards. – DepEd shall maintain procedures to ensure that learners with disabilities and their parents or guardians are guaranteed procedural safeguards for the enforcement and protection of their rights under the Act, including the provision of free and appropriate public education.
DepEd shall review its grievance machineries and rules of procedure to ensure its procedural safeguards include the creation of policies, procedures, and other administrative approaches which include, but are not limited to, the rights of the learners with disabilities or their parents or guardians to be informed in their mother tongue, and be served written notice on matter affecting the education of the learners with disabilities; the right to confidentiality of personally identifiable information, including the right of parents to written notice of and written consent to the exchange of such information among agencies. This shall also include the opportunity for the learners with disabilities themselves, their parents, or guardians to examine all related records and to participate in meetings in respect to the identification, evaluation, educational placement, and provision of education programs to learners with disabilities.
The DepEd and CHED, in coordination with DBM and CSC, shall likewise ensure that the necessary changes or adjustments in the plantilla items are reflected in the Revised Compensation and Position Classification System and other relevant existing rules and regulations.

SEC. 30. Program Support Budget (PSB). To ensure the institutionalization of services for learners with disabilities, a PSB for learners with disabilities shall be included as a line item in the General Appropriations of DepEd guarantee the implementation of the provisions of the Act, including the following:

a.
Implementation of the Child Find System;

b.
Hiring of specialists for the diagnosis and assessment of learners with disabilities and the recommendation of appropriate intervention;

c.
To defray expenses in the delivery of related services as stated in Section 5(v) of this IRR, such as transportation and various developmental, corrective, and other support services; and

d. Purchase of assistive devices, equipment, learning materials and other needed resources to deliver services effectively.


SEC. 31. Appropriations. – The amount necessary for the implementation of the Act and this IRR shall be charged against those authorized in the current appropriations of DepEd, DOH, DSWD, DPWH, and other implementing partner agencies as provided in the Act and/or this IRR. Thereafter, the amount necessary for its continued implementation shall be included in their respective budgetary allocations as separate line items in the annual General Appropriations Act.

SEC. 32. Joint Congressional Oversight Committee (JCOC) on Inclusive Education; Mandatory Annual Review; Impact Assessment Report. – There is hereby created a JCOC to oversee, monitor, and evaluate the implementation of the Act. The JCOC shall be composed of five (5) members each from the Senate and the House of Representatives with the Chairpersons of the Committees on Basic Education of both Houses as Co-Chairpersons. The Chairperson of the Higher and Technical Education of both Houses shall likewise be designated as members of the JCOC. The Speaker of the House of Representatives and the President of the Senate shall designate the other three (3) members of the House and the Senate, respectively, from among the members of the Committees on Basic Education, one (1) member of which shall be from the minority.
To assist the JCOC in evaluating the implementation of the Act, DepEd, in partnership with LGUs, other relevant agencies, and the private sector, shall conduct a mandatory annual review of the implementation of the Act and this IRR to measure its effectiveness, identify the gaps, issues challenges, and ensure its proper implementation. It shall likewise establish an evaluation system to assess the impact of the Act and the progress of learners with disabilities.

SEC. 33. Issuance of Policies and Guidelines. – DepEd, in consultation with concerned government agencies and other education stakeholders, may issue additional policies and guidelines as may be necessary to further implement this IRR.

SEC. 34. Amendments. – Amendments to this IRR shall be issued by DepEd, in consultation with concerned government agencies and other education stakeholders.

SEC. 35. Separability Clause. If any provision of this IRR is declared invalid or unconstitutional, the remainder of this IRR or any provision not otherwise affected shall remain in full force and effect.

SEC. 36. Repealing Clause. – All provisions of existing implementing rules and regulations, circulars, department issuances, and procedures corresponding to laws and any other law or parts of law inconsistent with this IRR are hereby repealed, amended, or modified accordingly.

SEC. 37. Effectivity. – This IRR shall take effect immediately after its publication in the Official Gazette.
This IRR shall be registered with the Office of the National Administrative Register (ONAR) at the University of the Philippine Law Center, UP Diliman, Quezon City.
Done this 18th day of July 2024.

 
   
   
 

(SGD.) SARA Z. DUTERTE
Vice President and Secretary
Department of Education