Article 28Labor and Agrarian Laws and Social Legislation, p. 28

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

gainful

employment.

The

Department of Labor and

Employment shall likewise design and conduct training

programs

geared

towards

providing

persons

with

disability with skills for livelihood.

SECTION 10. Vocational Guidance and Counseling .

—

The

Department

of

Social

and

Welfare

and

Development, shall implement measures providing and

evaluating vocational guidance and counseling to enable

persons with disability to secure, retain and advance in

employment. It shall ensure the availability and training

of

counselors

and

other

suitably

qualified

staff

responsible for the vocational guidance and counseling of

persons with disability.

SECTION 11. Implementing Rules and Regulations .

— The Department of Labor and Employment shall in

coordination with the Department of Social Welfare and

Development

(DSWD)

and

National

Council

for

the

Welfare

of

the

Disabled

Persons

(NCWDP)

shall

promulgate

the

rules

and

regulations

necessary

to

implement the provisions under this Chapter.

CHAPTER 2 Education

SECTION 12. Access to Quality Education . — The

State

shall

ensure

that

persons

with

disability

are

provided with adequate access to quality education and

ample opportunities to develop their skills. It shall take

appropriate steps to make such education accessible to

all persons with disability. It shall be unlawful for any

learning institution to deny a disabled person admission

to any course it offers by reason of handicap or disability.

The State shall take into consideration the special

requirements of persons with disability in the formulation

of educational policies and programs. It shall encourage

learning institutions to take into account the special

needs of persons with disability with respect to the use of

school

facilities,

class

schedules,

physical

education

requirements, and other pertinent consideration.

The State shall also promote the provision by learning

institutions,

especially

higher

learning

institutions of

auxiliary services that will facilitate the learning process

for persons with disability.

SECTION 13. Assistance to Disabled Students . —

The

State

shall

provide

financial

assistance

to

economically

marginalized

but

deserving

disabled

students pursuing post secondary or tertiary education.

Such assistance may be in the form of scholarship grants,

student loan programs, subsidies, and other incentives to

qualified disabled students in both public and private

schools. At least five percent (5%) of the allocation for the

Private Education Student Financial Assistance Program

created by virtue of R.A. 6725 shall be set aside for

disabled students pursuing vocational or technical and

degree courses.

SECTION 14. Special Education . — The State shall

establish, maintain and support complete, adequate and

integrated system of special education for the visually

impaired, hearing impaired, mentally retarded persons

and other types of exceptional children in all regions of

the

country.

Toward

this

end,

the

Department

of

Education, Culture and Sports shall establish, special

education

classes

in

public

schools

in

cities,

or

municipalities. It shall also establish, where viable, Braille

and Record Libraries in provinces, cities or municipalities.

The

National

Government

shall

allocate

funds

necessary for the effective implementation of the special

education program nationwide. Local government units

may

likewise

appropriate

counterpart

funds

to

supplement national funds.

SECTION 15. Vocational or Technical and Other

Training Programs . — The State shall provide persons

with disability with training in civics, vocational efficiency,

sports

and

physical

fitness,

and

other

skills.

The

Department

of

Education,

Culture

and

Sports

shall

establish in at least one government-owned vocational

and

technical

school

in

every

province

a

special

vocational and technical training program for persons

with disability. It shall develop and implement sports and

physical

fitness

programs

specifically

designed

for

persons with disability taking into consideration the

nature of their handicap.

SECTION 16. Non-Formal Education . — The State

shall develop non-formal education programs intended

for

the

total

human

development

of

persons

with

disability.

It

shall

provide

adequate

resources

for

non-formal education programs and projects that cater

to the special needs of persons with disability.

SECTION 17. State Universities and Colleges . — If

viable and needed, the state university or state college in

each region or province shall be responsible for (a) the

development of material appliances and technical aids

for persons with disability; (b) the development of training

materials

for

vocational

rehabilitation

and

special

education

instructions;

(c)

the

research

on

special

problems,

particularly

of

the

visually-impaired,

hearing-impaired,

speech-impaired,

and

orthopedically-impaired students, mentally retarded, and

multi-handicapped and others, and the elimination of

social barriers and discrimination against persons with

disability; and (d) inclusion of the Special Education for

Disabled (SPED) course in the curriculum.

The national government shall provide these state

universities

and

colleges

with

the necessary special

facilities

for

visually-impaired,

hearing-impaired,

speech-impaired, and orthopedically-impaired students.

It shall likewise allocate the necessary funds in support of

the above.

CHAPTER 3 Health

SECTION

18.

National

Health

Program .

— The

Department of Health in coordination with the National

Council for the Welfare of Disabled Persons, shall institute

a national health program which shall aim to attain the

following:

a)

prevention

of

disability,

whether

occurring

prenatally or post-natally;

b) recognition and early diagnosis of disability; and

c) early rehabilitation of the disabled.

SECTION

19.

Rehabilitation

Centers .

—

The

Department

of

Health

shall

establish

medical

rehabilitation centers in government provincial hospitals,

and

shall

include

in

its

annual

appropriation

the

necessary funds for the operation of such centers.

The

Department

of

Health

shall

formulate

and

implement a program to enable marginalized persons

with disability to avail of free rehabilitation services in

government hospitals.

SECTION 20. Health Services . — The State shall

protect and promote the right to health of persons with

disability

and

shall

adopt

an

integrated

and

comprehensive approach to their health development

which shall make essential health services available to

them at affordable cost.

The national government shall provide an integrated

health service for persons with disability which shall

include, but not limited to, the following:

a) prevention of disability through immunization,

nutrition, environmental protection and preservation, and

genetic counseling; and early detection of disability and

timely intervention to arrest disabling condition; and

b) medical treatment and rehabilitation.

The

Department

of

Health

shall

field

medical

personnel specializing in the treatment and rehabilitation

of persons with disability to provincial hospitals and,

when viable, to municipal health centers. It shall also train

its field health personnel in the provision of medical

attention to persons with disability. It shall further ensure

that its field health units have the necessary capabilities

to fit prosthetic and orthotic appliances on persons with

disability.

© Compiled By RGL

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