CONSENT TO TRANSFER ASSISTIVE TECHNOLOGY DEVICES  
 
Authorities: 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P The local educational agency (LEA) must comply with PARENT, ADULT STUDENT, and ADMINISTRATION OF EQUIPMENT, as appropriate.

P Assistive technology device (ATD) and transfer are defined in ADMINISTRATION OF EQUIPMENT.

D Before transferring an ATD, the LEA must, through a transfer agreement that incorporates the standards of the state, obtain informed consent from the parent or the adult student if the adult student has the legal capacity to enter into a contract. TEC 30.0015(b)
TEC 30.0015(c)(3)
89.1056(b)

ELEMENTS OF CONSENT TO TRANSFER ATDs


P The procedures employed by the LEA in obtaining informed consent to transfer an ATD must be consistent with the procedures employed by the LEA to obtain parental consent for an initial evaluation or reevaluation. 89.1056(b)(2)
300.300

P The informed consent that the LEA must obtain to transfer an ATD means: 300.9
TEC 30.0015(b)
TEC 30.0015(c)(3)
89.1056(b)

D
  • The parent or the adult student has been fully informed of all information relevant to the transfer in the parent or the adult student's native language or other mode of communication;
300.9(a)
89.1056(b)(2)

D
  • The parent or the adult student understands and agrees in writing to the transfer;
300.9(b)
89.1056(b)(2)

D
  • The consent describes the transfer;
300.9(b)
89.1056(b)(2)

D
  • The consent lists the records, if any, that will be released and to whom;
300.9(b)
89.1056(b)(2)

D
  • The parent or the adult student understands that the granting of consent is voluntary on the part of the parent or the adult student and may be revoked at any time; and
300.9(c)(1)
89.1056(b)(2)

D
  • The parent or the adult student understands that if consent is revoked, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
300.9(c)(2)
89.1056(b)

WHEN DESPITE REASONABLE EFFORTS, CONSENT IS NOT OBTAINED


P Informed parental or the adult student consent need not be obtained if the LEA can demonstrate: 89.1056(b)(2)

D
  • The LEA has taken reasonable measures to obtain that consent; and
89.1056(b)(2)
300.300(c)(2)
300.300(d)(5)
300.322(d)

D
  • The parent or the adult student has failed to respond.
89.1056(b)(2)

 
 
Last Updated: Thursday, September 24, 2015