Current through Reg. 50, No. 13; March 28, 2025
(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.
