ADMINISTRATION OF EQUIPMENT  
 
Authorities:  34 C.F.R. Parts 80, 300; Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P "Assistive technology device" 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. TEC 30.0015(a)(1)

P The local educational agency (LEA) must comply with the ADMISSION, REVIEW, AND DISMISSAL (ARD) COMMITTEE frameworks, including the SPECIAL FACTORS framework.

P The LEA must comply with the FACILITIES framework.

DEFINITION


P The term "equipment" includes: 300.14

P
  • Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utilities, or equipment; and
300.14(a)

P
  • All other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as:
300.14(b)

P
    • Instructional equipment and necessary furniture;
300.14(b)

P
    • Printed, published, and audio-visual instructional materials;
300.14(b)

P
    • Telecommunications, sensory, and other technological aids and devices; and
300.14(b)

P
    • Books, periodicals, documents, and other related materials.
300.14(b)

ACQUISITION OF EQUIPMENT



P

The LEA must comply with the FUNDING frameworks when acquiring equipment and supplies. 



P

The LEA must ensure that assistive technology devices (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.

300.105(a)

P 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 ARD committee determines that the child needs access to those devices in order to receive free appropriate public education. 300.105(b)

P 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. 300.718(a)

EQUIPMENT IN PRIVATE SCHOOLS



P The LEA must comply with the PRIVATE SCHOOLS and PROPORTIONATE SHARE FUNDING FOR PARENTALLY-PLACED PRIVATE SCHOOL CHILD frameworks.

P Special education and related services provided to parentally-placed private school children with disabilities, including materials and equipment, must be secular, neutral, and nonideological. 300.138(c)(2)

P

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.

300.144(a)

P The LEA may place equipment and supplies in a private school for the period of time needed for the IDEA Part B program. 300.144(b)

P

The LEA must ensure that the equipment and supplies placed in a private school:

300.144(c)

P
  • Are used only for IDEA Part B purposes; and
300.144(c)(1)

P
  • Can be removed from the private school without remodeling the private school facility.
300.144(c)(2)

P The LEA must remove equipment and supplies from a private school if: 300.144(d)

P
  • The equipment and supplies are no longer needed for IDEA Part B purposes; or
300.144(d)(1)

P
  • Removal is necessary to avoid unauthorized use of equipment and supplies for other than IDEA Part B purposes.
300.144(d)(2)

TRANSFER OF AN ATD


P "Assistive technology device" 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. TEC 30.0015(a)(1)

P "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. TEC 30.0015(a)(3)

P 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. TEC 30.0015(b)

P An ATD may only be transferred to: TEC 30.0015(b)

P
  • The school or LEA in which the child or adult student enrolls;
TEC 30.0015(b)(1)

P
  • A state agency that provides services to the child or adult student following graduation from high school; or
TEC 30.0015(b)(2)

P
  • The child's parents or the adult student, if the adult student has the legal capacity to enter into a contract.
TEC 30.0015(b)(3)

P A transfer must be in accordance with a transfer agreement which includes, specifically, the following: 89.1056(b)

D
  • 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 
89.1056(b)(1)
TEC 30.0015(c)(2)

D 89.1056(b)(2)
TEC 30.0015(b)
TEC 30.0015(c)(3)

P If the transfer is a sale, then the sale of the ATD must be evidenced by a Uniform Transfer Agreement which includes the following: 89.1056(b)(3)
TEC 30.0015(c)(1)

D
  • The names of the transferor and the transferee;
89.1056(b)(3)(A)

D
  • The date of the transfer;
89.1056(b)(3)(B)

D
  • description of the ATD being transferred;
89.1056(b)(3)(C)

D
  • The terms of the transfer, including the transfer of warranties, to the extent applicable; and
89.1056(b)(3)(D)
TEC 30.0015(c)(1)

D
  • The signatures of authorized representatives of both the transferor and the transferee.
89.1056(b)(3)(E)

P Nothing in this framework: 89.1056(d)

P
  • Alters any existing obligation under federal or state law to provide ATDs to children with disabilities;
89.1056(d)(1)
TEC 30.0015(d)

P
  • Requires the LEA to transfer an ATD to any person or entity;
89.1056(d)(2)

P
  • 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
89.1056(d)(3)
2 USC 200.313

P
  • 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.
89.1056(d)(4)
2 USC 200.313

 
 
Last Updated: Wednesday, April 19, 2017