LAWS FOR PWDS Flashcards

1
Q

First legal basis of the care and protection for those with exceptionalities.

A

COMMONWEALTH ACT NO. 3203

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2
Q

Providing the “right of every child to live in an atmosphere conducive to the physical, moral and intellectual development” and the duty of the government “to promote the full growth of the faculties of every child.”

A
  • Art. 356 & 259:

COMMONWEALTH ACT NO. 3203

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3
Q

An act to promote the education of the blind; providing formal training of SPED teachers, rehabilitation of the Philippine National School for the Blind and the creation of the Printing House.

A

R.A. 3562

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4
Q
  • An act establishing a 10-year teacher training program for SPED which led to the admission of children with disabilities into regular public schools.
A

R. A. 5250

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5
Q

provided for: “a complete, adequate, and integrated system of education relevant to the goals of national development.

A
  • Sec. 8, Art. 15

1973 CONSTITUTION

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6
Q

the emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and are entitled to treatment and competent care; while the physically or mentally handicapped child shall be given the education and care required by his particular condition.

A
  • Article 3

PD 603 CHILD AND YOUTH WELFARE CODE

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7
Q

When needed, there shall be at least one special class in every province, and if possible, special schools for the physically handicapped, the mentally retarded, the emotionally disturbed and the specially gifted. The private sector shall be given all the necessary inducement and encouragement.

A
  • Article 74

PD 603 CHILD AND YOUTH WELFARE CODE

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8
Q
  • General Rights include:
A
  1. Rights of the child – well rounded development to be useful in society
  2. Right to education and improvement of skills.
  3. Admission to primary and secondary public schools.
  4. Vocational training and occupational placement for PWD.
  5. Pilot projects in area centers to bring all services together for all ages.
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9
Q
  • Re-structuring of the elementary education.
A

EDUCATION ACT OF 1982

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10
Q

states that the educational system is directed towards national development and culture, and that education should be provided to all so as to encourage participation in nation building.

A
  • Sec 1

EDUCATION ACT OF 1982

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11
Q

An act to enhance the mobility of PWDs; requiring cars, buildings, institutions, establishments and public utilities to install facilities and other devices for the use and safety of PWDs.

A

B.P. 344: ACCESSIBILITY LAW

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12
Q

“encourage non-formal, informal and indigenous learning system, as well as self-learning, independent and out-of-school study programs, and to provide adult citizens, the disabled and out-of-school youths with training on civics, vocational efficiency and other skills.”

A

1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

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13
Q

1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Art. 14, Sec 1, 2 & 4 states:

A
  1. The right of all to accessible quality education at all levels.
  2. The establishment of a system of scholarship and incentive.
  3. The provision for training in civics and vocational skills.
  4. The recognition of complementary roles of public and private institutions and shall supervise and regulate these.
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14
Q
  • Defines the children with special needs and their rights as children.
  • Provisions for the Protection, Promotion, and Participation of children with special needs as human beings.
A

RA 7610 SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION

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15
Q

issued on January 31, 1992 in response to the Copenhagen Declaration and the EFA Declaration and Framework. Unifying all government efforts to provide education and welfare for children with disabilities.

A

EFA PHILIPPINE PLAN OF ACTION

  • Proclamation No. 855
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16
Q
  • Adopted the policy on inclusion education.
A

WORLD CONFERENCE ON SPECIAL NEEDS EDUCATION HELD IN SALAMANCA, SPAIN IN JUNE 1994

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17
Q
  • Gave rise to the Salamanca Statement and Framework of Action on Special Needs Education that subscribes to the fundamental principle that “all children should learn together, wherever possible, regardless of any difficulties or differences they may have.”
A

WORLD CONFERENCE ON SPECIAL NEEDS EDUCATION HELD IN SALAMANCA, SPAIN IN JUNE 1994

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18
Q
  • Defines the Philosophy, Objectives, Guiding Principles of Special Education in the Philippines.
  • Provides the Administrative Policies of in Establishing Special Schools in the Public and Private Sector.
A

DEPED POLICIES AND GUIDELINE FOR SPECIAL EDUCATION AND THE REGULATION AND STANDARDS FOR SPECIAL SCHOOLS IN THE PHILIPPINES

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19
Q
  • SPED Programs and Educational services:
A
  1. Resource room plan
  2. Itinerant teacher plan
  3. Special class plan (Self-contained with provision for mainstreaming)
  4. Special education center
  5. Special day school
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20
Q
  • Alternative Educational Models for Children with Special Needs:
A
  1. Home-based Instruction
  2. Hospital instruction
  3. Community-based delivery system
  4. Vocational Program
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21
Q

the national implementation of the Parent Learning Support System (PLSS).

A
  • Dept. Order No. 126, s. 1990
22
Q

which enjoins the Regional Directors to designate a full-time Regional Supervisor In-charge of Special Education and to organize a SPED unit.

A
  • Dept. Order No. 1, s. 1997 or

Organization of a Regional SPED Unit and Designation of a Regional Supervisor in-charge of Special Education

23
Q

which institutionalizes the provision of equal educational opportunities to children with disabilities through special needs education. To be provided through the formal system and other alternative delivery services in education. It also requires all divisions to organize at least one SPED center and SPED programs in each area.

A
  • Dept. Order No. 26, s. 1997 or

Institutionalization of SPED Programs in All Schools

24
Q

which authorizes the Regional Directors to organize a Regional Special Education Council (RSEC)

A
  • Dept. Order No. 14, s. 1993 or

Regional Special Education Council

25
Q
  • Dept. Order No. 14, s. 1993 or Regional Special Education Council which authorizes the Regional Directors to organize a Regional Special Education Council (RSEC) and tasked with the following:
A
  1. Formulate and coordinate the implementation of policies, plans and programs.
  2. Organize regional SPED training team which shall conduct in-service training at the regional and sub-regional.
  3. Establish linkages with GOs and NGOs for either financial or human resources support.
26
Q

which authorizes the implementation of salary grades for SPED teachers and special principals as contained in the Revised Compensation and Position Classification System in the Government Act.

A
  • Dept. Order No. 5, s. 1998 or

Reclassification of Regular Teacher and Principal Items to Special Education (SPED) Teacher and Special School Principal

27
Q
  • CWC in coordination with the DOH, DSWD, DepED, LGU, NGO, Communities.
  • Programs for 0-6yr old include:
    1. Day Care
    2 . Child Minding
A

RA 8980 : A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD)

28
Q

Requiring all birthing centers and hospitals to test newborn babies at least within 24hours upon birth for 5 metabolic disorders for an early and appropriate treatment.

A

R.A. 9288: NEWBORN SCREENING

29
Q

MAGNA CARTA FOR THE DISABLED
RIGHTS AND PRIVILEGES OF THE DISABLED PERSONS:

A
  1. Health and auxiliary services; vocational rehabilitation; counseling and guidance.
  2. Accessibility; public facilities ; telecommunication; postal.
  3. Nondiscrimination – political and civil rights; employment.
  4. Adequate access to quality education and special education in cities or municipalities.
  5. Encourage learning institutions to take into account the special needs of disabled persons with respect to the use of school facilities, class schedules, physical education requirements and other pertinent considerations.
  6. Special requirements in the formulation of education policies and programs.
30
Q
  • CHAP 8, SEC 32. Other Privileges and Incentives for the exclusive use or enjoyment of Persons with disability:
  • At least a minimum of 20% discount.
A

REPUBLIC ACT NO. 9442 APPROVED 30 APRIL 2007

31
Q
  • At least a minimum of 20% discount:
A
  1. from all establishments relative to the utilization of all services in hotels and similar lodging; restaurants and recreation centers.
  2. on admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement.
  3. for the purchase of medicines in all drugstores.
  4. on medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, subject to guidelines to be issued by the DOH, in coordination with the PHILHEALTH.
  5. on medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the with the PHILHEALTH.
  6. on fare for domestic air and sea travel ; in public transpo like railways, skyways and bus fare.
32
Q
  • Educational assistance to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, in both public and private schools, through scholarships, grants, financial aids, subsidies and other incentives to PWD who meets the minimum requirements
A

REPUBLIC ACT NO. 9442 - APPROVED 30 APRIL 2007

33
Q
  • The abovementioned privileges are available only to PWD who are Filipino citizens upon submission of any of the ff as proof of his/her entitlement thereto:
A
  1. An identification card issued by the city or municipal mayor or the barangay captain of the place where the persons with disability resides;
  2. The passport of the persons with disability concerned; or
  3. Transportation discount fare Identification Card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP).
34
Q
  • The privileges may not be claimed if the PWD claims a _______ as may be granted by the commercial establishment and/or under other existing laws or in combination with other discount programs/s.
A

higher discount

35
Q
  • The establishments may claim the discounts granted as ________ based on the net cost of the goods sold or services rendered: Provided, that the total amount of the claimed tax deduction net of value-added tax if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC).
A

tax deductions

36
Q

Those caring for and living with a person with disability shall be granted the following incentives.

A
  • SEC 33. Incentives

REPUBLIC ACT NO. 9442 - APPROVED 30 APRIL 2007

37
Q
  • SEC 33. Incentives - Those caring for and living with a person with disability shall be granted the following incentives:
A
  1. PWDs shall be treated as dependents under the Section 35 (A) of the National Internal Revenue Code, individual taxpayers caring for them shall be accorded the privileges granted by the code insofar as having dependents under the same section are concerned; and
  2. Individuals or NGOs establishing homes, residential communities or retirement villages solely to suit the needs and requirements of persons with disability shall be accorded the following:
    a) Realty tax holiday for the first 5 years of operation;
    b) Priority in the building and/or maintenance of provincial or municipal roads leading to the said home, residential community or retirement village.
38
Q

Title Four: Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability

A
  • CHAP 1, SEC 39. Deliverance from Public Ridicule
  • SEC 40.
  • CHAP 2, SEC 41.
  • SEC 42

REPUBLIC ACT NO. 9442 APPROVED 30 APRIL 2007

39
Q

Public Ridicule shall be defined as an act of making fun or contemptuous imitating or making mockery of PWD whether in writing, or in words, or in action due to their impairment/s.

A
  • CHAP 1, SEC 39. Deliverance from Public Ridicule

REPUBLIC ACT NO. 9442 APPROVED 30 APRIL 2007

40
Q

No individual, group or community shall execute any of these acts of ridicule in any time and place which could intimidate or result in the loss of their self-esteem.

A
  • SEC 40

REPUBLIC ACT NO. 9442 APPROVED 30 APRIL 2007

41
Q

Deliverance from Vilification shall be defined as:
1. The utterance of slanderous and abusive statements against a PWD; and/or
2. An activity in public which incites hatred towards, serious contempt for, or severe ridicule of a PWD.

A
  • CHAP 2, SEC 41

REPUBLIC ACT NO. 9442 APPROVED 30 APRIL 2007

42
Q

Any individual, group or community is hereby prohibited from vilifying any PWD which could result into loss of self-esteem of the latter.

A
  • SEC 42

REPUBLIC ACT NO. 9442 APPROVED 30 APRIL 2007

43
Q

Any person who violates any provision of this Act shall suffer the following penalties.

A

SEC. 3. Section 46 Penal Clause

REPUBLIC ACT NO. 9442 APPROVED 30 APRIL 2007

44
Q

SEC. 3. Section 46 Penal Clause - Any person who violates any provision of this Act shall suffer the following penalties:

A
  1. For the first violation, a fine of not less than P50,000 but not exceeding P100,000 or imprisonment of not less than 6 mos but not more than 2 years, or both at the discretion of the court;
  2. For any subsequent violation, a fine of not less than P100,000 but not exceeding P200,000 or imprisonment for not less than 2 yrs but not more than 6 yrs, or both at the discretion of the court.
45
Q
  1. For the first violation, a fine of not less than _____ but not exceeding ______ or imprisonment of not less than _____ but not more than ______ , or both at the discretion of the court
A

P50,000

P100,000

6 mos

2 years

46
Q
  1. For any subsequent violation, a fine of not less than ____ but not exceeding ____ or imprisonment for not less than ____ but not more than _____, or both at the discretion of the court.
A

P100,000

P200,000

2 yrs

6 yrs

47
Q
  • Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than ____ or a fine of not less than ______, but not more than _____, or both, at the discretion of the court.
A

6 mos

P5,000

P50,000

48
Q
  • If the violator is a corporation, organization or any similar entity, the ______ thereof directly involved shall be liable therefore.
A

officials

49
Q
  • If the violator is an alien or a foreigner, he shall be ______ immediately after service of sentence without further deportation proceedings.
A

deported

50
Q
  • Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the _____ or ______ of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act.
A

cancellation or revocation