(a) In this section:
(1) “Assistive technology device” means any device, including equipment or a product system, that is used to increase, maintain, or improve functional capabilities of a student with a disability.
(2) “Student with a disability” means a student who is eligible to participate in a school district’s special education program under § 29.003.
(3) “Transfer” means the process by which a school district that has purchased an assistive technology device may sell, lease, or loan the device for the continuing use of a student with a disability changing the school of attendance in the district or leaving the district.
(b) The agency by rule shall develop and annually disseminate standards for a school district’s transfer of an assistive technology device to an entity listed in this subsection when a student with a disability using the device changes the school of attendance in the district or ceases to attend school in the district that purchased the device and the student’s parents, or the student if the student has the legal capacity to enter into a contract, agrees to the transfer. The device may be transferred to:
(1) the school or school district in which the student enrolls;
(2) a state agency, including the Health and Human Services Commission, that provides services to the student following the student’s graduation from high school; or
(3) the student’s parents, or the student if the student has the legal capacity to enter into a contract.

Terms Used In Texas Education Code 30.0015

  • Contract: A legal written agreement that becomes binding when signed.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Rule: includes regulation. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The standards developed under this section must include:
(1) a uniform transfer agreement to convey title to an assistive technology device and applicable warranty information;
(2) a method for computing the fair market value of an assistive technology device, including a reasonable allowance for use; and
(3) a process to obtain written consent by the student’s parents, or the student where appropriate, to the transfer.
(d) This section does not alter any existing obligation under federal or state law to provide assistive technology devices to students with disabilities.

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