76R12718 BDH-D By Maxey H.B. No. 633 Substitute the following for H.B. No. 633: By Sadler C.S.H.B. No. 633 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the transfer of assistive technology devices for 1-3 students with disabilities who leave certain school districts. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 30, Education Code, is 1-6 amended by adding Section 30.0015 to read as follows: 1-7 Sec. 30.0015. TRANSFER OF ASSISTIVE TECHNOLOGY DEVICES. (a) 1-8 In this section: 1-9 (1) "Assistive technology device" means any device, 1-10 including equipment or a product system, that is used to increase, 1-11 maintain, or improve functional capabilities of a student with a 1-12 disability. 1-13 (2) "Student with a disability" means a student who is 1-14 eligible to participate in a school district's special education 1-15 program under Section 29.003. 1-16 (3) "Transfer" means the process by which a school 1-17 district that has purchased an assistive technology device may 1-18 sell, lease, loan, or give the device for the continuing use of a 1-19 student with a disability changing the school of attendance in the 1-20 district or leaving the district. 1-21 (b) The agency by rule shall develop and annually 1-22 disseminate standards for a school district's transfer of an 1-23 assistive technology device to an entity listed in this subsection 1-24 when a student with a disability using the device changes the 2-1 school of attendance in the district or ceases to attend school in 2-2 the district that purchased the device and the student's parents, 2-3 or the student if the student has the legal capacity to enter into 2-4 a contract, agrees to the transfer. The device may be transferred 2-5 to: 2-6 (1) the school or school district in which the student 2-7 enrolls; 2-8 (2) a state agency, including the Texas Rehabilitation 2-9 Commission and the Texas Department of Mental Health and Mental 2-10 Retardation, that provides services to the student following the 2-11 student's graduation from high school; or 2-12 (3) the student's parents, or the student if the 2-13 student has the legal capacity to enter into a contract. 2-14 (c) The standards developed under this section must include: 2-15 (1) a uniform transfer agreement to convey title to an 2-16 assistive technology device and applicable warranty information; 2-17 (2) a method for computing the fair market value of an 2-18 assistive technology device, including a reasonable allowance for 2-19 use; and 2-20 (3) a process to obtain written consent by the 2-21 student's parents, or the student where appropriate, to the 2-22 transfer. 2-23 (d) This section does not alter any existing obligation 2-24 under federal or state law to provide assistive technology devices 2-25 to students with disabilities. 2-26 SECTION 2. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 3-1 emergency and an imperative public necessity that the 3-2 constitutional rule requiring bills to be read on three several 3-3 days in each house be suspended, and this rule is hereby suspended, 3-4 and that this Act take effect and be in force from and after its 3-5 passage, and it is so enacted.