1-1 By: Maxey (Senate Sponsor - Zaffirini) H.B. No. 633 1-2 (In the Senate - Received from the House May 11, 1999; 1-3 May 12, 1999, read first time and referred to Committee on 1-4 Education; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the transfer of assistive technology devices for 1-9 students with disabilities who leave certain school districts. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter A, Chapter 30, Education Code, is 1-12 amended by adding Section 30.0015 to read as follows: 1-13 Sec. 30.0015. TRANSFER OF ASSISTIVE TECHNOLOGY DEVICES. (a) 1-14 In this section: 1-15 (1) "Assistive technology device" means any device, 1-16 including equipment or a product system, that is used to increase, 1-17 maintain, or improve functional capabilities of a student with a 1-18 disability. 1-19 (2) "Student with a disability" means a student who is 1-20 eligible to participate in a school district's special education 1-21 program under Section 29.003. 1-22 (3) "Transfer" means the process by which a school 1-23 district that has purchased an assistive technology device may 1-24 sell, lease, loan, or give the device for the continuing use of a 1-25 student with a disability changing the school of attendance in the 1-26 district or leaving the district. 1-27 (b) The agency by rule shall develop and annually 1-28 disseminate standards for a school district's transfer of an 1-29 assistive technology device to an entity listed in this subsection 1-30 when a student with a disability using the device changes the 1-31 school of attendance in the district or ceases to attend school in 1-32 the district that purchased the device and the student's parents, 1-33 or the student if the student has the legal capacity to enter into 1-34 a contract, agrees to the transfer. The device may be transferred 1-35 to: 1-36 (1) the school or school district in which the student 1-37 enrolls; 1-38 (2) a state agency, including the Texas Rehabilitation 1-39 Commission and the Texas Department of Mental Health and Mental 1-40 Retardation, that provides services to the student following the 1-41 student's graduation from high school; or 1-42 (3) the student's parents, or the student if the 1-43 student has the legal capacity to enter into a contract. 1-44 (c) The standards developed under this section must include: 1-45 (1) a uniform transfer agreement to convey title to an 1-46 assistive technology device and applicable warranty information; 1-47 (2) a method for computing the fair market value of an 1-48 assistive technology device, including a reasonable allowance for 1-49 use; and 1-50 (3) a process to obtain written consent by the 1-51 student's parents, or the student where appropriate, to the 1-52 transfer. 1-53 (d) This section does not alter any existing obligation 1-54 under federal or state law to provide assistive technology devices 1-55 to students with disabilities. 1-56 SECTION 2. The importance of this legislation and the 1-57 crowded condition of the calendars in both houses create an 1-58 emergency and an imperative public necessity that the 1-59 constitutional rule requiring bills to be read on three several 1-60 days in each house be suspended, and this rule is hereby suspended, 1-61 and that this Act take effect and be in force from and after its 1-62 passage, and it is so enacted. 1-63 * * * * *