SRC-JXG H.B. 633 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 633
76R12718 BDH-DBy: Maxey (Zaffirini)
Education
5/13/1999
Engrossed


DIGEST 

The federal Individuals with Disabilities Education Act (IDEA) requires
public schools to provide assistive technology devices (devices) necessary
for the individualized education programs of students with disabilities.
Such devices are the property of the purchasing school district.  While
federal rules permit a district to transfer ownership of property that it
no longer needs, current Texas law does not require the Texas Education
Agency (TEA) to assist local school districts in exercising their options
regarding the transfer of devices in accordance with federal requirements.
Students who cannot retain devices when they leave a district must undergo
evaluation for a new device when they enroll in a new district and that
district must then purchase a needed device at current pricing.  H.B. 633
would encourage the transfer of devices with students under certain
circumstances when they transfer schools within a district or leave the
school district in which the devices were purchased. 

PURPOSE

As proposed, H.B. 633 sets forth provisions regarding the transfer of
assistive technology devices for students with disabilities who leave
certain school districts. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Education Agency in SECTION 1
(Section 30.0015(b), Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 30A, Education Code, by adding Section 30.0015,
as follows: 

Sec. 30.0015.  TRANSFER OF ASSISTIVE TECHNOLOGY DEVICES.  Defines
"assistive technology device," "student with a disability," and "transfer."
Authorizes the Texas Education Agency (TEA), by rule, to 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 to the student's parents, or to the student if the student
has the legal capacity to enter into a contract, agrees to the transfer.
Authorizes the device to be transferred to certain entities. Sets forth the
requirements for the standards developed under this section.  Provides that
this section does not alter any existing obligation under federal or state
law to provide assistive technology devices to students with disabilities. 

SECTION 2. Emergency clause.
           Effective date: upon passage.