By Maxey H.B. No. 633 76R3375 BDH-D 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 child with a 1-12 disability. 1-13 (2) "Child 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 leaving the district. 1-20 (b) The agency shall develop and monitor guidelines for a 1-21 school district's transfer of an assistive technology device to an 1-22 entity listed in this subsection when a student using the device 1-23 ceases to attend school in the district that purchased the device 1-24 and the student's parents, or the student if the student has the 2-1 legal capacity to enter into a contract, agrees to the transfer. 2-2 The device may be transferred to: 2-3 (1) the school district in which the student enrolls; 2-4 (2) a state agency, including the Texas Rehabilitation 2-5 Commission and the Texas Department of Mental Health and 2-6 Mental Retardation, that provides services to the 2-7 student following the student's graduation from high school; or 2-8 (3) the student's parents, or the student if the 2-9 student has the legal capacity to enter into a contract. 2-10 (c) The guidelines developed under this section shall 2-11 include: 2-12 (1) a uniform transfer agreement to convey title to an 2-13 assistive technology device and applicable warranty information; 2-14 (2) a method for computing the fair market value of an 2-15 assistive technology device, including a reasonable allowance for 2-16 use; and 2-17 (3) a process to obtain written consent by the 2-18 student's parents, or the student where appropriate, to the 2-19 transfer. 2-20 (d) A school district may permit the use of an assistive 2-21 technology device by a student while the student attends any school 2-22 in the district. 2-23 SECTION 2. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.