Current through Reg. 49, No. 38; September 20, 2024
(a) Unless otherwise specifically defined in
this section, the terms used in this section shall have the meanings ascribed
to such terms in Texas Education Code (TEC), §30.0015, (Transfer of
Assistive Technology Devices).
(b)
A transfer of an assistive technology device (ATD) pursuant to TEC,
§30.0015, shall be in accordance with a transfer agreement which
incorporates the standards described in TEC, §30.0015(c), and which
includes, specifically, the following.
(1)
The transferor and transferee must represent and agree that the terms of the
transfer are based on the fair market value of the ATD, determined in
accordance with generally accepted accounting principles.
(2) The informed consent of the parent of the
student with a disability for whom the ATD is being transferred must be
obtained before the transfer of an ATD pursuant to TEC, §30.0015. The
procedures employed by a school district in obtaining such informed consent
shall be consistent with the procedures employed by the district to obtain
parental consent under 34 Code of Federal Regulations (CFR), §300.300. If
the student has the legal capacity to enter into a contract, the informed
consent may be obtained from the student. Consistent with
34 CFR,
§300.505(c), informed
parental or adult student consent need not be obtained if the school district
can demonstrate that it has taken reasonable measures to obtain that consent,
and the student's parent or the adult student has failed to respond. To meet
the reasonable measures requirement, the school district must use procedures
consistent with those described in
34 CFR,
§300.322(d).
(3) If the transfer is a sale, then the sale
of the ATD shall be evidenced by a "Uniform Transfer Agreement" (UTA) which
includes the following:
(A) the names of the
transferor and the transferee (which may be any individual or entity identified
in TEC, §30.0015(b));
(B) the
date of the transfer;
(C) a
description of the ATD being transferred;
(D) the terms of the transfer (including the
transfer of warranties, to the extent applicable); and
(E) the signatures of authorized
representatives of both the transferor and the transferee.
(c) The Texas Education Agency
shall annually disseminate to school districts the standards for a school
district's transfer of an ATD pursuant to TEC, §30.0015.
(d) Nothing in this section or in TEC,
§30.0015, shall:
(1) alter any existing
obligation under federal or state law to provide ATDs to students with
disabilities;
(2) require a school
district to transfer an ATD to any person or entity;
(3) limit a school district's right to sell,
lease, loan, or otherwise convey or dispose of property as authorized by
federal or state laws, rules, or regulations; or
(4) authorize any transfer of an ATD that is
inconsistent with any restriction on transferability imposed by the
manufacturer or developer of the ATD or applicable federal or state laws,
rules, or regulations.
