The Second Congressional Commission on Education (EDCOM 2) has called on the Department of Education (DepEd), the Department of Interior and Local Government (DILG) and the Department of Budget and Management (DBM) to update the guidelines on the use of the Special Education Fund.
Under Republic Act 7160 or the Local Government Code of 1991, cities and municipalities can levy and collect an annual tax of 1% on the assessed value of real property to support the operation and maintenance of schools. Currently, the use of the Fund is governed by Joint Circular 1, series of 2017, and Joint Circular No. 2, series 2020, issued jointly by DepEd, DBM and DILG.
However, during the EDCOM 2 consultation in Batino Elementary School, a SPED Center transitioning to an Inclusive Learning Resource Center (ILRC), stakeholders highlighted how the SEF has not been tapped by many LGUs to support the implementation of the Inclusive Education Law (Republic Act 11650) despite clear provisions in the measure authorizing LGUs to use the same to support learners with disabilities (Section 24), specifically for the provision of school buildings, delivery of health and nutrition services, provision of assistive devices, as well as of trainings (together with DOLE and TESDA).
During the hearing, principals of various SPED Centers and ILRCs expressed their struggles with resource limitations, which forced them to turn away many SPED learners on waiting lists. “Out of the 100-plus students that are waitlisted, meron po kaming matatanggap na walo (8). Hindi po namin kayo tinatanggihan, pero napakarami po talaga,” said Ryan De Una, Principal of Pembo Elementary School.
EDCOM 2 Co-Chairperson, Cong. Roman Romulo highlighted the lack of a clear strategy to involve the Local School Boards and the SEF in the implementation of the Inclusive Education Act. “Wala pa ring planong nape-present kung saan pumapasok dito and Local School Boards natin at yung Special Education Fund. This is a holistic plan that must be presented by DepEd, including whether the funding comes from the national or the local… Dapat ma-factor-in na yan… sayang kasi eh, taun-taon may savings sa SEF,” he argued.
In the EDCOM Year 1 Report, the Commission found that the Special Education Fund (SEF) allocated to local government units (LGUs) across the Philippines remains largely underutilized. According to EDCOM’s analysis from 2018 to 2022, unspent SEF funds totaled approximately P15 billion in 2022 alone, with the highest underutilization rates observed in cities at 57%. Despite the existence of policies aimed at enhancing the reporting and accountability of SEF expenditures, significant gaps in oversight persist.
Senator Sherwin Gatchalian emphasized the importance of collaboration with local government units (LGUs) in utilizing the SEF more effectively. “Let’s collaborate closely with our LGUs. In the areas of the SEF and manpower, the LGUs can augment whatever we’re doing… whether it’s vision screening, early identification—the LGUs can help a lot in assisting our schools on the ground,” he stated.
During the discussion, Executive Director Karol Mark Yee explained that there is truly a need to update the two guidelines governing the Fund: “Actually, this is not the first time that we are making this observation— in fact, this is similar to what we have found in nutrition (Republic Act No. 110371 of 2017 or the Masustansyang Pagkain Para sa Batang Pilipino Act), and the Alternative Learning System (Republic Act No. 11510 of 2020 or ALS Act). Despite clear provisions in these three laws authorizing LGUs to tap the SEF to support nutrition and inclusion in education, the SEF guidelines have not yet been updated to reflect this, likely preventing LGUs from supporting its implementation.”
“It is important that we take a comprehensive review and update the SEF guidelines. Current policies have not kept pace with the changing educational needs and the increased demand for different education services. We need to ensure that aside from the national education agencies, our LGUs are also aligned with the goals of inclusive and equitable education for all learners and that we are able to systematically update our guidelines to be consistent with our laws,” said Executive Director Karol Mark Yee.
Notably, Senator Win Gatchalian has also filed Senate Bill 155 which will expand the use of the Special Education Fund (SEF) to cover not only the salaries of public elementary and high school teachers but also those of non-teaching staff, utility, and security personnel. Additionally, it will cover the salaries of pre-school teachers and provide capital outlay for pre-schools, the operation and maintenance of Alternative Learning System (ALS) programs, as well as support for distance education classes and training programs.
