REVIEW OF THE PHILOSOPHICAL AND gain literacy.

Hauy's school soon grew into the

Institute for Blind Youth in 1791 as he garnered
LEGAL BASES OF INCLUSION
support from the government. Hauy also established
the first school for the blind in Russia after he
HISTORY OF EDUCATION FOR STUDENTS WITH resigned from his position in France.
DISABILITIES

People with disabilities in the past faced innumerable

challenges. They did not have basic civil rights, much
less access to education that accommodated their
special needs. Ancient civilizations such as Sparta,
Athens, Persia, Rome, and others even have
accounts of disabled people being killed as infants in
the belief that they are cursed beings (Winzer, 1993).
Disabled persons were the primary victims of myth
and superstition at that time.
19TH CENTURY
Plato's Republic the (children) of inferior parents,
and if some [children] of other parents are disabled The 19th century saw the birth of numerous schools
(ἀνάπηρον), will be hidden away in a secret and and institutions for students with disabilities in the
unknown place, as is fitting. (460c) United States (Safford, 1996). Rev.. Thomas
Gallaudet established the first school for the deaf
18TH CENTURY It was in the 18th century that in 1817 (Disability History Museum Staff, n.d.).
things started to change. Specifically, during the Samuel Gridley Howe soon followed in 1829 by
Enlightenment period, various thinkers changed the establishing his own school for the blind. He also
way we perceive education in society. One of them established the Massachusetts School for Idiotic
was Jean Jacques Rousseau, who, in his book and Feeble-Minded Children in 1848, hosting a
Emile, postulates that humans are cooperative by wide variety of mental disabilities that affect children.
nature (Peckover, 2012). In the succeeding years, America saw the continuous
His ideas became a framework that allows students growth of its institutions for special education until
with disabilities to be treated húmanely because of his laws were passed to ensure that students with
thesis that all people are equal. As a result, many disabilities have their rights secured.
different schools such as Sunday schools, schools of
industry, and monitoring schools in Europe were SPECIAL EDUCATION IN THE PHILIPPINES
established (Peckover, 2012). However, though these
schools recognized the needs of students with Education for students with disabilities in the
disabilities, they were not yet specifically fine-tuned Philippines followed the same trajectory as those of
for their needs. Europe. It started in 1907 with David Barrows and
Delia Delight Rice, when they conceptualized the
The first school dedicated solely to the deaf was first special education program in the country
established by Charles Michel L'Epeé in 1755 (Steinbock-Pratt, 2019). The program was initiated in
(Betten, 2013). He formed the first sign language the Insular School for the Deaf and Blind in
system in French, which allowed deaf people to Manila, starting with a class of only three students.
communicate with abled and differently-abled people
alike. He also conducted public demonstration Since then, numerous institutions sprouted and
lessons open to everyone willing to learn. L'Epee training for special education was conducted in the
inspired a host of future educators and opened the Philippines. In 1927, the Welfareville Children's
doors for inclusive education in France. Village was built to cater to the needs of the mentally
retarded. The National Orthopedic Hospital School
On the other hand, the first school for blind for Crippled. Children (NÖHSCC) was also
children was established in 1785 by Valentin Hauy established in 1947. It was used mainly for catering to
(Musée Louis Braille, 2022). He used large letters for children who were bound to be hospitalized for a long
the alphabet and embossed them in cardstock paper, time. The school conducts bedside teaching because
allowing them to recognize basic letters and, thus, the students have limited mobility (NOHSCC, n.d.)
 ●​ qualifies its definition by adding that they can
The Quezon City Science High School was created still perform the duties of the job they are
in 1949 to cater gifted children. In 1953, the performing.
philanthropists, Samuel Gaches and Elsie This law is considered to be the first civil disability
McCloskey, donated their property to the government rights in the United States (Disability Rights and
to house abandoned youth due to their physical and Education, 2021) Grants financial assistance to
mental deformities. This was called the Elsie Gaches several govt programs to make it more inclusive to the
Village. As a response to all of these, the Department disabled. Framework for subsequent laws on disabled
of Education and Culture (DEC) created a special individuals
education section to respond to the needs of students
with disabilities better. EDUCATION FOR ALL HANDICAPPED CHILDREN
(EAHCA)

●​ law that provides for FREE and

APPROPRIATE PUBLIC EDUCATION
(FAPE) to all disabled children (Francisco,
et. al., 2020)
●​ obligated all schools suffering from disability.
to evaluate and spot students possibly
●​ "child -spotting' task is delegated to the
school district who will subjects students to a
series of tests to determine their eligibility for
the benefits of the law
●​ orders school to develop an individualized
Legal Bases and Other Related Laws education plan (IEP) for each student
Special Education (ensures that unique needs of students will
be accommodated)
●​ provides funding specifically for education
Section 501 of the Rehabilitation Act of 1973,
●​ dedicates funds for students with disabilities
Education for All Handicapped Act (EAHCA),
Individuals with Disabilities Education Act (IDEA) and
INDIVIDUALS WITH DISABILITIES EDUCATION
the Americans with Disabilities Act (ADA).
ACT (IDEA)

Section 501 of the Rehabilitation Act

●​ federal law that also grants federal funding to
●​ Serve as a legal basis for the rights of the
agencies to guarant special education
disabled in the United States.
services for disabled students;
●​ illustrate their rights and privileges,
●​ provides 13 categories of disabilities to
protection against discrimination .
determine eligibility for the services of IDEA.
●​ purposes are similar but strikingly different
●​ 13 Categories of Disabilities According to
on how they approach it.
IDEA (deBettencourt, 2022)
●​ civil rights statutes that outlines provisions to
1. Autism
protect against discrimination based on
2. Specific Learning Disability
disability (Dept of Health and Human
3. Speech or language Impairment
Services, 2006)
4. Emotional Disturbance
●​ equal opportunities to receive gov't program
5. Traumatic Brain Injury
benefits and services;
6. Visual Impairment
●​ protects against employment discriminations
7. Hearing Impairment
penalizes employers who rejects application
8. Deafness
on the basis of the disability alone;
9. Mental Retardation
●​ law specifies that employers
10. Deaf-Blindness
accommodation
11. Multiple Disabilities
"Disabled Individuals"
12. Orthopedic Impairment
●​ a person who suffers from significant
13. Other Health Impairment
physical or mental impairment;
AMERICANS WITH DISABILITY ACT (ADA)

●​ provides more detailed definition of disabled Magna Carta fo Disabled Person (RA
people 7277) 1992
●​ "people who experience
substantial limitations on their daily life"
RA 7277 or Magna Carta for Disabled Person
Substantial limitation is defined into two
●​ Authored by Sen Francis Pangilinan to
categories;
protect the rights of disabled
1. Unable to perform a major life activity that
●​ Has 50 sections- which outlines numerous
most people can do 2. Must be significantly
rights of disabled person such as in health,
restricted in the condition, manner and
education, social services,
duration performing major life activities
telecommunication etc.
compared to the general population.
●​ Created in response to the calls of UN
Does not restrict disability by age Strengthens the
Convention on the Rights of Persons with
previous provisions regarding persons with disabilities
Disabilities
All government activities, programs, infrastructure
●​ Defines what is "DISABILITY" in our country,
must be ma inclusive for disabled persons. ADA
operationalizes as a restriction due to either
obligates the education system to improve special
physical, mental, sensory impairment that
education continually- evaluation
prohibits them from participating in an
activity considered normal for a human being
DISABILITY RIGHTS IN THE 21st Century ●​ Amended by RA 9442 in 2007 to add
additional privileges and rights for the
21st Century - numerous rights for PWDs are granted disabled (National Council on Disability
to help meet their needs. Affairs, 2012)

United Nations PRIVILEGES

"Universal Declaration of Human Rights" ●​ In most goods and services such as
"UN Convention to the Rights of the Child" transportation, restaurants, medicines.
"UN Convention on the Rights of Persons with educational assistance. creation of express
Disabilities' lanes and distribution of cards to be used in
"Salamanca Statement" identifying them
●​ Changes the term "DISABLED PERSON into
**** Right to Education- every PWD has the right to PERSONS WITH DISABILITY to make it
education that is free and inclusive. Inclusive more inclusive.
Education- they are mainstreamed together with ●​ Further enacts a change by prohibiting
children who normally- able to foster wider mockery or using disabilities to ridicule.
acceptance of society.
FURTHER LAWS RELATING TO MAGNA CARTA
In the Philippines RA 7277 and its amendments RA ●​ RA 10070-Persons with Disability Office
9442 and 10024. (PDAO)
- Cater the needs of persons with
**Employment, PWD"s have the right to equal disabilities as well as provide for the growing
opportunity for employment *** privileges.
●​ RA 10524
PWD's have the right to accessibility- this - changed the provision on employment
encompasses many things which includes - amended Section 5 that provides equal
architectural accommodations, where buildings need opportunity of employment in that it states 1% of all
to be inclusive; Braille signages, PUBLIC service positions in all government agencies shall be
reserved for persons with disabilities.
Philippines Magna Carta for Disabled Persons (RA - Certain tax exemption for private
7277) and subsequent amendments (RA 9442 and companies who shall hire PWD's
RA 10524) - Institutions and corporations remained
largely compliant.
 - Attitudes towards PWDs have largely ●​ The Alternative Learning System-established
improved. because of poverty, lack of schools in the
- in teaching, teachers in tertiary education community and high drop out rates in the
have generally been considerate to their students with country.
disabilities. ●​ Dep Ed remained to its guiding principles of
inclusion, responsiveness to rights and
Despite these laws PWDs face considerable sensitivity and responsiveness to contexts.
challenges.
CHED Memorandum Order (CMO) No. 23, Series
Department of Education Philosophy on Inclusion of 2000
-​ CHED Memorandum Order (CMO) No. 23,
●​ RA 9155-Governance of Basic Education Series of 2000, titled "Quality Education for
Act- uphold its mission of protecting and Learners with Special Needs,"
promoting the rights of every Filipino to -​ mandates that higher education institutions
"quality, equitable, culture-based and (HEls) must admit all students with special
complete basic education. needs, incorporate Special Education
●​ The philosophy of "INCLUSION" is reflected. (SPED) courses in teacher training
●​ Our philosophy or principles of inclusion is programs, and modify fa and facilities and
grounded in varied foundations of inclusive equipment to ensure accessibility for
education around the world- 1989 students with various disabilities.
Convention on the Rights of the Child, the
1994 Salamanca Statement and the Key Provisions of the Memorandum Order:
Education 2030 Framework for Action ●​ Zero Reject Policy:
●​ Section 1- Article XIV of the 1987 -​ HEls are required to admit all
Philippine Constitution encapsulates the students with special needs,
overall bases for inclusion regardless of their chosen course or
●​ RA 10533- Implementation of the K12 program, unless the facilities are
program manifests the inclusiveness of genuinely unable to accommodate
education. them.
●​ Section 8 of the Implementing Rules and ●​ SPED Opportunities:
Regulations of the Enhanced Basic -​ Teacher training institutions must
Education Act include SPED courses at both
-​ Programs for the Gifted and undergraduate and graduate levels.
Talented ●​ Scholarships for SPED Teachers:
-​ Programs for Learners Disabilities -​ The order encourages scholarships
-​ Indigenous People Education for qualified SPED teachers to
Program further develop the field.
-​ Madrasah Program ●​ Accessible Facilities:
-​ Programs for Learners under -​ Institutions must comply with the
Difficult Circumstances minimum requirements of Republic
●​ Dep Ed Order No 72 in 2009 provides Act 7277 to modify their facilities
elaboration of the country's philosophy of and equipment to ensure that
inclusion. quality education is accessible to all
●​ Key indicators of this alignment is the special learners with special needs.
education system in the Philippines- Dep Ed
Order 26 s 1997 ●​ Monitoring:
●​ Commands all schools to have at least 1 -​ CHED Regional Offices are
special education center with special needs. responsible for closely monitoring
●​ Dep Ed Order No 24 s 2004 recognition of ●​ Compliance with RA 7277:
the indigenous people and their rights as -​ The CMO aligns with the principles
members of the state. of the Magna Carta for Persons
●​ Dep Ed Order No 51 s 2004 and improved with Disabilities (RA 7277), which
De Ed Order No 40 s 2011, Refined outlines the rights and welfare of
Elementary Madrasah Curriculum. people with disabilities.