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CONSENT TO TRANSFER ASSISTIVE TECHNOLOGY DEVICES

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
The local educational agency (LEA) must comply with the PARENT framework, the ADULT STUDENT AND TRANSFER OF RIGHTS framework, and the ADMINISTRATION OF EQUIPMENT framework, as appropriate.
Assistive technology device (ATD) and transfer are defined in the ADMINISTRATION OF EQUIPMENT framework.
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.
 
ELEMENTS OF CONSENT TO TRANSFER ATDs
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.
The informed consent that the LEA must obtain to transfer an ATD means:
  • 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;
  • The parent or the adult student understands and agrees in writing to the transfer;
  • The consent describes the transfer;
  • The consent lists the records, if any, that will be released and to whom;
  • 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
  • If consent is revoked, that revocation is not retroactive; therefore, it does not negate an action that has occurred after the consent was given and before the consent was revoked.
 
WHEN DESPITE REASONABLE EFFORTS, CONSENT IS NOT OBTAINED
Informed parental or the adult student consent need not be obtained if the LEA can demonstrate:
  • The LEA has taken reasonable measures to obtain that consent; and
  • The parent or the adult student has failed to respond.
  Last Updated : Wed, Jan 03, 2018