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IMPLEMENTING RULES AND REGULATIONS of the Magna
Carta for Disabled Persons (Republic Act No. 7277)
RULE I
DEFINITION OF TERMS
Abandoned – an abandoned
disabled person is one who has no proper parental care or guardianship, or whose parents or guardians have deserted him for
a period of at least six continuous months.
Abused – an abused disabled
person is one who has been maltreated raped, or seduced, exploited and overworked or made to work under conditions not conductive
to good health. He/She is made to be in the street or public places, and is exposed to moral danger.
Accreditation – means
the Certification given by the Department of Health (DOH) and the Department of Labor and Employment (DOLE) recognizing the
disability, skills, and qualifications of a disabled worker.
Adapted Physical Education
– therapeutic application of physical education to rehabilitate learners with special needs whose functional deficiencies
are amenable to improvement through exercise. Adapted physical education programs should be planned and implemented in coordination
with psychological and medical services.
Affordable Cost – the
lowest amount charged to a person that meets the criteria for affordability as determined under existing policies of the Department
of Health.
Apprentice – means a
worker who is covered by a written Apprenticeship Agreement with an individual employer.
Apprenticeable Occupation –
means any trade, form of employment or occupation, which requires more than three (3) months of practical on-the-job training
supplemented by related theoretical instruction.
Apprenticeship – means
on-the-job practical training supplemented by related theoretical instruction.
Apprenticeship Agreement –
means written employments contract in which the employer binds himself to train the apprentice in turn agrees to work for
the employer.
Auditory Training – the
producer of teaching persons with hearing impairments, to make full use of their residual ability.
Auxiliary - a. Offering, providing
help, assistance or support b. Functioning in a subsidiary capacity; augmenting or available to augment a basis power, potential,
or ability; supplementary
Auxiliary Aids and Services include:
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Qualified interpreters or other effective methods
of delivering materials to individuals with hearing impairments;
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Qualified readers, taped tests, or other effective
methods of delivering materials to individuals with visual impairments;
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Acquisition or modification of equipment or devices;
and
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Other similar services and actions or all types
of aids and services that facilitate the learning process of people with mental disability.
Auxiliary Social Services –
are the supportive activities in the delivery of social services to the marginalized sectors of society.
Basic Medical Services –
services rendered to disabled patients within the competence and capability of DOH health facilities which include health
examinations, medical/surgical procedures, regular dental care and selected procedures, routine/special laboratory examinations,
and ancillary procedures as required.
Cognitive Skills – refers
to the ability to see, perceive, understand, and see the relationship between ideas and facts.
Commerce – shall be taken
on mean as travel, trade, traffic, commerce, transportation, or level that use and build on the resources of the community,
including the impaired disabled and handicapped persons themselves, their families, and their community as a whole.
Community-Based Rehabilitation
- rehabilitation measures taken at the community level that use and build on the resources of the community, including
the impaired, disabled and handicapped persons themselves, their families, and their community as a whole. Complete, Adequate
and Integrated System of
Special Education – educational
program that caters to various types of learners with special needs from preschool to tertiary levels and their formal or
nonformal programs that are complementary mutually reinforcing and a comparable standards.
Covered Entity – means
an employer, employment agency, labor organization or joint labor-, management committee.
Customized Vehicle –
a vehicle manufactured, reconstituted or reassembled to suit the particular user according to his personal requirements, needs
or desire.
Depot – an area where
facilities for storing, classifying and sorting of goods/cargoes are provided. It may be a part or separate from the terminal
and serves as a place for storing of the transport facility, fueling, clearing, inspection, and repair.
Disability – shall mean
(1) a physical impairment that substantially limits one or more psychological, physiological or anatomical function of an
individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment;
Disabled Gifted – persons
who demonstrate superior performance capabilities in intellectual, creative, specific academic areas, leadership, or in the
arts in spite of physical, sensory or psychosocial disabilities.
Disabled Persons – those
suffering from restriction of different abilities, as a result of a mental. Physical or sensory impairment, in performing
an activity in the manner or within the range considered normal for a human being.
Disabled Worker – means
a worker whose earning capacity is impaired by mental, physical or sensory deficiency or injury.
Employment Agreement – means
the contract of employment entered into between the employer and the disabled worker.
Formal Education – refers
to hierarchically structured and chronologically graded learning organized and provided by the formal school system and for
which certification is required in order for the learner to progress through the grades or moved higher level (P.B. 232 –
Education Act 1982)
Fits/Seizures - a neurologic
condition characterized by sudden loss of consciousness coupled with sudden uncontrolled movements.
Functional - Relating directly
to everybody needs and interests; - Concerned with application in activity;
- Practical;
- Performing or able to perform
its regular function
Handicap – refers to
disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the function or
activity, that is considered normal given the age and sex of the individual.
Handicapped – a disadvantaged
for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that
is considered normal given the age and sex of the handicapped individual.
Impairment – is any loss,
diminution or aberration of psychological, physiological, or anatomical structure or function. Income Producing Projects or
Homework Schemes – means the work and services that a disabled person can adequately and preferentially do or provide
in sheltered workshops or in about the disabled persons homes that will provide them the opportunity to earn a living and
acquire a working capacity required in open industry.
Independent Living –
the degree to which a disabled person is able to maintain himself independently in the community and in gainful employment.
Indigent – a disabled
person whose level of income falls below the poverty threshold.
Learner with Special Needs –
a person who differs significantly from the average learner in (a) mental characteristics; (b) sensory abilities; (c)
neuromuscular or physical characteristics; (d) psychosocial characteristics; or has multiple handicaps or has chronic illness;
and or has a developmental lag to such an extent that he requires modified or specialized instruction and services in order
to develop to his maximum capability.
Learning Disabled – persons
who, although normal in sensory, emotional and intellectual abilities, exhibit disorders in perception, listening, thinking,
reading, writing, spelling, and arithmetic.
Learning Institution (LI) –
any educational institution managed or owned by the government, a private individual, a corporation or any legal entity,
which caters to children, youth and adults with special needs. A learning institution may be day or residential in nature
and maybe based either in the home, hospital, school or community. Included here are rehabilitation agencies, sheltered workshops,
day care centers and entities of similar nature.
Local Government Unit –
refers to the municipality, city, and province or to any political subdivision of the national government as defined by law.
Marginalized Disabled Persons –
refer to disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully
in socio-economic activities and who have no means of livelihood or whose incomes fall below the poverty threshold.
Mental Disability – disability
resulting from organic brain syndromes (example: mental retardation, acquired lesions of the central nervous system, demenia)
and mental illnesses (psychotic and non-psychotic disorders). Multi-handicapped – persons with more than one disability
such as those with mental retardation-blindness mental retardation-orthopedic handicap, deafness-blindness and others.
Neglected – a neglected
disabled person is one whose basic needs have been deliberately unattended or inadequately attended. As a result, the disabled
person is either malnourished, ill clad or without proper shelter.
Non-formal Education –
any unstructured educational activity which take place outside the established formal education system. It is designed to
complement or extend as well as provide an alternative to the formal education.
Normalization – a principle
in SPED where learners with special needs are provided with an educational and living environment as close as possible to
what is ordinarily enjoyed by most people.
Orthopedically Handicapped –
persons whose impairment interferes either permanently or temporarily, with the normal functioning of the joints, muscles
or limbs. Persons with Autism – a developmental disability, having onset before 30 months of age, which is marked by
disturbance in development, language and relationships with persons, activities and objects.
Persons with Behavioral Problems
– those who cannot adjust to the socially accepted norms of behavior and, consequently, disrupt their academic progress,
the learning efforts of their classmates, and interpersonal relations. Their emotional and social development is so seriously
impaired that they cannot benefit from instruction in an ordinary class.
Persons with Hearing Impairment
– those with auditory disabilities ranging from mild to profound hearing loss. Persons with Mental Retardation –
those with significant sub-average general intellectual functioning which originates during the developmental period, existing
concurrently with deficits in adaptive behavior like maturation, learning and social adjustment.
Persons with Visual Impairment
– those with visual disabilities ranging from partial to total loss of vision. Physiatrist – a doctor of medicine
with specialized training in rehabilitation medicine.
Prevocational Skills –
refer to preparatory activities designed to equip the learner with readiness skills for formal vocational training.
Private Practitioner – Physicians,
physiatrist, physical therapist, occupational therapist, speech therapist, psychologist, and other professionals engaged in
private practice.
Program Modification –
refers to any adjustments in the educational program and/or services for learners with special needs in order to facilitate
their learning. Modifications and adjustments may be done in such aspects as classroom program, services and facilities, class
schedule, curricular scope and sequence, teaching objectives, teaching strategies, instructional materials, facilities and
equipment.
Psychosocial – comes
from the words psychological and social; inter-relationship of the psychological aspects pertaining to the thoughts, feelings,
reactions, behavior of a person with the social aspects pertaining to the situation circumstances, events, relationships,
other people which influence or affect the person sometimes to the point of causing distress.
Public Transportation –
means transportation by air, land and sea that provides the public with general or special service on a regular and continuing
basis.
Public Transport Facilities –
shall defined as utilities of public transport operators engaged in the transportation of passengers on land, air and
water, with or without fixed route of any class or service. Facilities shall include, among others, the conveyances, terminals,
and other areas where people converge to wait for such conveyances.
Qualified Individual with a Disability
– shall mean an individual with disability who, with or without reasonable accommodations, can perform the essential
functions of the employment position that such individuals holds or desires. However, consideration shall be given to the
employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description
before advertising or interviewing applicant for the job, this description shall be considered evidence of the essential functions
of the job.
Quality Education – a
learning process that makes the individual a better person and prepares him to cope with rapid social change with appropriate
skills and positive values leading to productive and meaningful life as responsible citizen.
Readily Achievable – means
a goal can be easily attained and carried out without much difficulty or expense. In determining whether an action is readily
achievable, factors to be considered include –
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the natural and cost of the action;
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the overall financial resources of the facility
of facilities involved in the action; the number of persons employed at such facility; the effect on expense and resources,
or the impact otherwise of such action upon the operation of the facility
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the overall financial resources of the covered
entity with respect to the number of its employees; the number; type and location of its facilities; and
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the type of operations of the covered entity,
including the composition, structure and functions of the work force of such entity; the geographic separateness, administrative
or fiscal relationship of the facility or facilities in question to the covered entity;
Reasonable Accommodations includes
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improvement of existing facilities used any employees
in order to render these readily accessible to and usable by disabled persons; and
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modification of work schedules, reassignment to
a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations,
training materials or company policies, rules and regulations, the provision of auxiliary aids and services, and other similar
accommodations for disabled persons.
Rehabilitation - an integrated
approach to physical, psychosocial, cultural, spiritual, educational, or vocational measures that create conditions for the
individual to attain the highest possible level of functional ability. Research on Special Problems – studies conducted
on special education and related aspects such as: (a) conducted curriculum for particular types of competencies, learners
with special needs, (b) teaching strategies, (c) teachers’ competencies, (d) materials development, (e) nature and needs
of particular types of learners with special needs, (f) assessment of learners with special needs, (g) programs and services
and (h) adaptation in facilities and equipment. Sheltered Employment – means the provision of productive work for disabled
persons through workshops providing special facilities, income-producing projects or home works schemes with a view of giving
the disabled the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry.
Sheltered Workshop –
refers to the places with special facilities for disabled workers, where income producing projects or homework schemes are
available for the disabled to earn a living and acquire a working capacity required in open industry.
Social Barriers – refer
to the characteristics of institutions, whether legal, economic, cultural, recreational or other, any human group, community,
or society which limit the fullest possible participation of disabled persons in the life of the group. Social barriers include
negative attitudes, which tend to single out and exclude disabled persons and which distort roles and inter-personal relationships.
Special Class – refers
to a class generally for one type of a learner with special needs organized within the regular school and taught by a SPED
teacher.
Special Education (SPED) –
the type of education specifically designed for learners with special needs who can not profit maximally from regular
education such that they require trained personnel, modifications in the caracula, teaching methods, instructional materials
and adaptations in facilities and equipment.
Special Education Needs –
take the form of the need for one or more of the following: (a) the provision of special means of access to the curriculum
through special equipments, facilities or resources, modification of the physical environment or specialized teaching techniques;
(b) provision of a special or modified curriculum; (c) particular attention to the social structure and emotional climate
in which education takes place (UNESCO), World Education Report, 1991)
Special Education Teacher –
professionally trained educators teaching learners with special needS. | 
