ADMINISTRATION OF EQUIPMENT

	FEDERAL AND STATE REQUIREMENTS
Practice	Assistive technology device (ATD) means any device, including equipment or a product system, that is used to increase, maintain, or improve functional capabilities of the child with a disability. Citations: TEC 30.0015(a)(1)
Practice	The local educational agency (LEA) must comply with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE frameworks, including the SPECIAL FACTORS framework.
Practice	The LEA must comply with the FACILITIES CONSTRUCTION AND ALTERATION framework.
	DEFINITION
Practice	Equipment includes: Citations: 300.14
Practice	Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utilities, or equipment; and Citations: 300.14(a)
Practice	All other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as: Citations: 300.14(b)
Practice	Instructional equipment and necessary furniture; Citations: 300.14(b)
Practice	Printed, published, and audio-visual instructional materials; Citations: 300.14(b)
Practice	Telecommunications, sensory, and other technological aids and devices; and Citations: 300.14(b)
Practice	Books, periodicals, documents, and other related materials. Citations: 300.14(b)
	ACQUISITION OF EQUIPMENT
Practice	The LEA must comply with the FUNDING frameworks when acquiring equipment and supplies.
Practice	The LEA must ensure that ATDs are made available to the child with a disability if required as part of the child's special education, related services, or supplementary aids and services. Citations: 300.105(a)
Practice	On a case-by-case basis, the use of school-purchased ATDs in the child's home or in other settings is required if the child's admission, review, dismissal committee determines that the child needs access to those devices in order to receive a free appropriate public education. Citations: 300.105(b)
Practice	If the secretary of education determines that a program authorized under the Individuals with Disabilities Education Act (IDEA) Part B will be improved by permitting program funds to be used to acquire appropriate equipment, the secretary is authorized to allow the use of those funds for those purposes. Citations: 300.718(a)
	EQUIPMENT IN PRIVATE SCHOOLS
Practice	The LEA must comply with the CHILDREN IN PRIVATE SCHOOLS and PROPORTIONATE SHARE FUNDING FOR CHILDREN WITH DISABILITIES PARENTALLY-PLACED IN PRIVATE SCHOOLS frameworks.
Practice	Special education and related services provided to children with disabilities parentally-placed in private schools, including materials and equipment, must be secular, neutral, and nonideological. Citations: 300.138(c)(2)
Practice	The LEA must hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes in the IDEA Part B. Citations: 300.144(a)
Practice	The LEA may place equipment and supplies in a private school for the period of time needed for the IDEA Part B program. Citations: 300.144(b)
Practice	The LEA must ensure that the equipment and supplies placed in a private school: Citations: 300.144(c)
Practice	Are used only for IDEA Part B purposes; and Citations: 300.144(c)(1)
Practice	Can be removed from the private school without remodeling the private school facility. Citations: 300.144(c)(2)
Practice	The LEA must remove equipment and supplies from a private school if: Citations: 300.144(d)
Practice	The equipment and supplies are no longer needed for IDEA Part B purposes; or Citations: 300.144(d)(1)
Practice	Removal is necessary to avoid unauthorized use of equipment and supplies for other than IDEA Part B purposes. Citations: 300.144(d)(2)
	TRANSFER OF AN ATD
Practice	Transfer means the process by which the LEA that has purchased an ATD may sell, lease, or loan the device for the continuing use by the child or adult student with a disability changing the school of attendance in the district or leaving the district. Citations: TEC 30.0015(a)(3)
Practice	When the child or adult student with a disability using a device changes the school of attendance in the LEA or ceases to attend school in the LEA, the LEA may transfer an ATD according to the requirements of this framework. Citations: TEC 30.0015(b)
Practice	An ATD may only be transferred to: Citations: TEC 30.0015(b)
Practice	The school or LEA in which the child or adult student enrolls; Citations: TEC 30.0015(b)(1)
Practice	A state agency that provides services to the child or adult student following graduation from high school; or Citations: TEC 30.0015(b)(2)
Practice	The child's parents or the adult student, if the adult student has the legal capacity to enter into a contract. Citations: TEC 30.0015(b)(3)
Practice	A transfer must be in accordance with a transfer agreement which includes, specifically, the following: Citations: 89.1056(b)
Document	The transferor and transferee must represent and agree that the terms of the transfer are based on the fair market value of the ATD, determined in accordance with generally accepted accounting principles; and Citations: 89.1056(b)(1) TEC 30.0015(c)(2)
Document	The informed consent of the parent or adult student before transferring an ATD, in compliance with the CONSENT TO TRANSFER ASSISTIVE TECHNOLOGY DEVICES framework. Citations: 89.1056(b)(2) TEC 30.0015(b) TEC 30.0015(c)(3)
Practice	If the transfer is a sale, then the sale of the ATD must be evidenced by a Uniform Transfer Agreement which includes the following:
Document	The names of the transferor and the transferee; Citations: 89.1056(b)(3)(A)
Document	The date of the transfer; Citations: 89.1056(b)(3)(B)
Document	A description of the ATD being transferred; Citations: 89.1056(b)(3)(C)
Document	The terms of the transfer, including the transfer of warranties, to the extent applicable; and Citations: 89.1056(b)(3)(D) TEC 30.0015(c)(1)
Document	The signatures of authorized representatives of both the transferor and the transferee. Citations: 89.1056(b)(3)(E)
Practice	Nothing in this framework: Citations: 89.1056(d)
Practice	Alters any existing obligation under federal or state law to provide ATDs to children with disabilities; Citations: 89.1056(d)(1) TEC 30.0015(d)
Practice	Requires the LEA to transfer an ATD to any person or entity; Citations: 89.1056(d)(2)
Practice	Limits the LEA's right to sell, lease, loan, or otherwise convey or dispose of property as authorized by federal or state laws, rules, or regulations; or Citations: 89.1056(d)(3) 2 CFR 200.313
Practice	Authorizes any transfer of an ATD that is inconsistent with any restriction on transferability imposed by the manufacturer or developer of the ATD or applicable federal or state laws, rules, or regulations. Citations: 89.1056(d)(4) 2 CFR 200.313

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2 Code of Federal Regulations § 200.313 Equipment.

See also §200.439 Equipment and other capital expenditures.

(a) Title.
Subject to the obligations and conditions set forth in this section, title to equipment acquired under a Federal award will vest upon acquisition in the non-Federal entity. Unless a statute specifically authorizes the Federal agency to vest title in the non-Federal entity without further obligation to the Federal Government, and the Federal agency elects to do so, the title must be a conditional title. Title must vest in the non-Federal entity subject to the following conditions:
(1) Use the equipment for the authorized purposes of the project during the period of performance, or until the property is no longer needed for the purposes of the project.
(2) Not encumber the property without approval of the Federal awarding agency or pass-through entity.
(3) Use and dispose of the property in accordance with paragraphs (b), (c) and (e) of this section.

(b) A state must use, manage and dispose of equipment acquired under a Federal award by the state in accordance with state laws and procedures. Other non-Federal entities must follow paragraphs (c) through (e) of this section.

(c) Use.
(1) Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award, and the non-Federal entity must not encumber the property without prior approval of the Federal awarding agency. When no longer needed for the original program or project, the equipment may be used in other activities supported by the Federal awarding agency, in the following order of priority:
(i) Activities under a Federal award from the Federal awarding agency which funded the original program or project, then
(ii) Activities under Federal awards from other Federal awarding agencies. This includes consolidated equipment for information technology systems.
(2) During the time that equipment is used on the project or program for which it was acquired, the non-Federal entity must also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, provided that such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Use for non-federally-funded programs or projects is also permissible. User fees should be considered if appropriate.
(3) Notwithstanding the encouragement in §200.307 Program income to earn program income, the non-Federal entity must not use equipment acquired with the Federal award to provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains an interest in the equipment.
(4) When acquiring replacement equipment, the non-Federal entity may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property.

(d) Management requirements.
Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum, meet the following requirements:
(1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
(2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years.
(3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.
(4) Adequate maintenance procedures must be developed to keep the property in good condition.
(5) If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

(e) Disposition.
When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the non-Federal entity must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instructions:
(1) Items of equipment with a current per unit fair market value of $5,000 or less may be retained, sold or otherwise disposed of with no further obligation to the Federal awarding agency.
(2) Except as provided in §200.312 Federally-owned and exempt property, paragraph (b), or if the Federal awarding agency fails to provide requested disposition instructions within 120 days, items of equipment with a current per-unit fair-market value in excess of $5,000 may be retained by the non-Federal entity or sold. The Federal awarding agency is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of participation in the cost of the original purchase. If the equipment is sold, the Federal awarding agency may permit the non-Federal entity to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses.
(3) The non-Federal entity may transfer title to the property to the Federal Government or to an eligible third party provided that, in such cases, the non-Federal entity must be entitled to compensation for its attributable percentage of the current fair market value of the property.
(4) In cases where a non-Federal entity fails to take appropriate disposition actions, the Federal awarding agency may direct the non-Federal entity to take disposition actions.

Last Amended: 79 FR 75884, Dec. 19, 2014
Entered: Aug. 25, 2016

ADMINISTRATION OF EQUIPMENT

ADMINISTRATION OF EQUIPMENT

Authorities: 2 CFR Part 200; 34 CFR Part 300; Texas Education Code; 19 TAC Chapter 89