HBA-JRA H.B. 633 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 633
By: Maxey
Public Education
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

The federal Individuals with Disabilities Education Act (IDEA) requires
public schools to provide assistive technology devices necessary for the
individualized education programs of students with disabilities.  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 to
assist local school districts in exercising their options regarding the
transfer of assistive devices in accordance with federal requirements.
Consequently, school districts do not generally allow device transfers.
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 purchase a needed device at current pricing.  H.B. 633 will
encourage the transfer of devices with students under certain circumstances
when they leave the school district in which the devices were purchased. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

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

Sec. 30.0015.  TRANSFER OF ASSISTIVE TECHNOLOGY DEVICES.  (a)  Defines
"assistive technology device," "child with a disability," and "transfer." 

(b)  Requires the Texas Education Agency (agency) to develop and monitor
guidelines for the transfer of an assistive technology device from the
school district that purchased the device to another entity when the
student using the device ceases to attend school in the district and the
student's parents, or 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 the school district in which the student enrolls, a state
agency that provides services to the student following the student's
graduation from high school, the student's parents, or the student where
appropriate. 

(c)  Requires the guidelines developed under this section to include a
uniform transfer agreement to convey the title of an assistive technology
device and applicable warranty information; a method for computing the fair
market value of an assistive technology device, including a reasonable
allowance for use; and a process for obtaining written consent to the
transfer from the student's parents, or the student where appropriate. 

(d)  Authorizes a school district to permit the student's use of an
assistive technology device while the student attends any school in the
district. 

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