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


Office of House Bill AnalysisH.B. 633
By: Maxey
Public Education
7/15/1999
Enrolled



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.  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, Texas law, prior to the 76th Legislature, did 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 encourages 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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Education Agency in SECTION 1
(Section 30.0015, Education Code) of this bill. 

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," "student with a disability," and "transfer." 

(b)  Requires the Texas Education Agency (agency), by rule, to develop and
annually disseminate standards for a school district's transfer of an
assistive technology device to another entity when the student with a
disability using the device transfers school within a district or ceases to
attend school in the district that purchased the device 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)  Provides that the standards developed under this section must 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)  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.