CONSENT TO TRANSFER ASSISTIVE TECHNOLOGY DEVICES

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

19 Texas Administrative Code § 89.1056. Transfer of Assistive Technology Devices.
 
. . . 
(b) A transfer of an assistive technology device (ATD) pursuant to TEC, §30.0015, shall be in accordance with a transfer agreement which incorporates the standards described in TEC, §30.0015(c), and which includes, specifically, the following.    
    (1) 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.    
    (2) The informed consent of the parent of the student with a disability for whom the ATD is being transferred must be obtained before the transfer of an ATD pursuant to TEC, §30.0015. The procedures employed by a school district in obtaining such informed consent shall be consistent with the procedures employed by the district to obtain parental consent under 34 Code of Federal Regulations (CFR), §300.300. If the student has the legal capacity to enter into a contract, the informed consent may be obtained from the student. Consistent with 34 CFR, §300.505(c), informed parental or adult student consent need not be obtained if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent or the adult student has failed to respond. To meet the reasonable measures requirement, the school district must use procedures consistent with those described in 34 CFR, §300.322(d).    
    (3) If the transfer is a sale, then the sale of the ATD shall be evidenced by a "Uniform Transfer Agreement" (UTA) which includes the following:      
       (A) the names of the transferor and the transferee (which may be any individual or entity identified in TEC, §30.0015(b));      
       (B) the date of the transfer;      
       (C) a description of the ATD being transferred;      
       (D) the terms of the transfer (including the transfer of warranties, to the extent applicable); and      
       (E) the signatures of authorized representatives of both the transferor and the transferee.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129  
Entered: Dec. 17, 2007

Texas Education Code § 30.0015. Transfer of Assistive Technology Devices.  

. . . 
b)  The agency by rule shall develop and annually disseminate standards for a school district's transfer of an assistive technology device to an entity listed in this subsection when a student with a disability using the device changes the school of attendance in the 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.  The device may be transferred to: 
    (1)  the school or school district in which the student enrolls;            
    (2)  a state agency, including the Health and Human Services Commission, that provides services to the student following the student's graduation from high school;  or 
    (3)  the student's parents, or the student if the student has the legal capacity to enter into a contract.
. . . 


Last Amended:  86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 6, eff. September 1, 2019
Entered: July 17, 2019 

Texas Education Code § 30.0015. Transfer of Assistive Technology Devices.

. . . 
(c)  The standards developed under this section must include:  
. . . 
    (3)  a process to obtain written consent by the student's parents, or the student where appropriate, to the transfer. 
. . . 


Last Amended:  86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 6, eff. September 1, 2019
Entered: July 17, 2019 

19 Texas Administrative Code § 89.1056. Transfer of Assistive Technology Devices.
 
. . . 
(b) A transfer of an assistive technology device (ATD) pursuant to TEC, §30.0015, shall be in accordance with a transfer agreement which incorporates the standards described in TEC, §30.0015(c), and which includes, specifically, the following.    
. . .   
    (2) The informed consent of the parent of the student with a disability for whom the ATD is being transferred must be obtained before the transfer of an ATD pursuant to TEC, §30.0015. The procedures employed by a school district in obtaining such informed consent shall be consistent with the procedures employed by the district to obtain parental consent under 34 Code of Federal Regulations (CFR), §300.300. If the student has the legal capacity to enter into a contract, the informed consent may be obtained from the student. Consistent with 34 CFR, §300.505(c), informed parental or adult student consent need not be obtained if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent or the adult student has failed to respond. To meet the reasonable measures requirement, the school district must use procedures consistent with those described in 34 CFR, §300.322(d).    
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

34 Code of Federal Regulations § 300.300  Parental consent.  

(a) Parental consent for initial evaluation.         
   (1)              
      (i) The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under §300.8 must, after providing notice consistent with §§300.503 and 300.504, obtain informed consent, consistent with §300.9, from the parent of the child before conducting the evaluation.       
      (ii) Parental consent for initial evaluation must not be construed as consent for initial provision of special  education and related services.               
      (iii) The public agency must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.         
   (2) For initial evaluations only, if the child is a ward of the State and is not residing with the child’s parent, the public agency is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if—               
      (i) Despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the child;               
      (ii) The rights of the parents of the child have been terminated in accordance with State law; or               
      (iii) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.             
   (3)              
      (i) If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under paragraph (a)(1) of this section, or the parent fails to respond to a request to provide consent, the public agency may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516), if appropriate, except to the extent inconsistent with State law relating to such parental consent.               
      (ii) The public agency does not violate its obligation under §300.111 and §§300.301 through 300.311 if it declines to pursue the evaluation.       

(b) Parental consent for services.        
   (1) A public agency that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.         
   (2) The public agency must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.         
   (3) If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, the public agency—              
      (i) May not use the procedures in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child;               
      (ii) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses to or fails to provide consent; and              
      (iii) Is not required to convene an IEP Team meeting or develop an IEP under §§300.320 and 300.324 for the child.        
   (4) If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency—              
      (i) May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with §300.503 before ceasing the provision of special education and related services;              
      (ii) May not use the procedures in subpart E of this part (including the mediation procedures under §300.506 or the due process procedures under §§300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child;              
      (iii) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and              
      (iv) Is not required to convene an IEP Team meeting or develop an IEP under §§300.320 and 300.324 for the child for further provision of special education and related services.

(c) Parental consent for reevaluations.         
   (1) Subject to paragraph (c)(2) of this section, each public agency—               
      (i) Must obtain informed parental consent, in accordance with §300.300(a)(1), prior to conducting any reevaluation of a child with a disability.               
      (ii) If the parent refuses to consent to the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using the consent override procedures described in paragraph (a)(3) of this section.  
      (iii) The public agency does not violate its obligation under §300.111 and §§300.301 through 300.311 if it declines to pursue the evaluation or reevaluation.         
   (2) The informed parental consent described in paragraph (c)(1) of this section need not be obtained if the public agency can demonstrate that—       
      (i) It made reasonable efforts to obtain such consent; and               
      (ii) The child’s parent has failed to respond. 

(d) Other consent requirements.         
   (1) Parental consent is not required before—               
      (i) Reviewing existing data as part of an evaluation or a reevaluation; or               
      (ii) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.         
   (2) In addition to the parental consent requirements described in paragraphs (a), (b), and (c) of this section, a State may require parental consent for other services and activities under this part if it ensures that each public agency in the State establishes and implements effective procedures to ensure that a parent’s refusal to consent does not result in a failure to provide the child with FAPE.         
   (3) A public agency may not use a parent's refusal to consent to one service or activity under paragraphs (a), (b), (c), or (d)(2) of this section to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this part.         
   (4)              
      (i) If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use the consent override procedures (described in paragraphs (a)(3) and (c)(1) of this section); and               
      (ii) The public agency is not required to consider the child as eligible for services under §§300.132 through 300.144.         
   (5) To meet the reasonable efforts requirement in paragraphs (a)(1)(iii), (a)(2)(i), (b)(2), and (c)(2)(i) of this section, the public agency must document its attempts to obtain parental consent using the procedures in §300.322(d). 


Last Amended:  73 FR 73027, Dec. 1, 2008
Entered:  December 8, 2008 
SBS

34 Code of Federal Regulations § 300.9  Consent.   

Consent means that—  

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;  

(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and  

(c)    
   (1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.       
   (2) If a parent revokes consent, 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).     
   (3)  If the parent revokes consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.


Last Amended:  73 FR 73027, Dec.1, 2008
Entered:  Dec. 1, 2008
SBS

19 Texas Administrative Code § 89.1056. Transfer of Assistive Technology Devices.
 
. . . 
(b) A transfer of an assistive technology device (ATD) pursuant to TEC, §30.0015, shall be in accordance with a transfer agreement which incorporates the standards described in TEC, §30.0015(c), and which includes, specifically, the following.    
    (1) 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.    
    (2) The informed consent of the parent of the student with a disability for whom the ATD is being transferred must be obtained before the transfer of an ATD pursuant to TEC, §30.0015. The procedures employed by a school district in obtaining such informed consent shall be consistent with the procedures employed by the district to obtain parental consent under 34 Code of Federal Regulations (CFR), §300.300. If the student has the legal capacity to enter into a contract, the informed consent may be obtained from the student. Consistent with 34 CFR, §300.505(c), informed parental or adult student consent need not be obtained if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent or the adult student has failed to respond. To meet the reasonable measures requirement, the school district must use procedures consistent with those described in 34 CFR, §300.322(d).    
    (3) If the transfer is a sale, then the sale of the ATD shall be evidenced by a "Uniform Transfer Agreement" (UTA) which includes the following:      
       (A) the names of the transferor and the transferee (which may be any individual or entity identified in TEC, §30.0015(b));      
       (B) the date of the transfer;      
       (C) a description of the ATD being transferred;      
       (D) the terms of the transfer (including the transfer of warranties, to the extent applicable); and      
       (E) the signatures of authorized representatives of both the transferor and the transferee.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129  
Entered: Dec. 17, 2007

Texas Education Code § 30.0015. Transfer of Assistive Technology Devices.  

. . . 
b)  The agency by rule shall develop and annually disseminate standards for a school district's transfer of an assistive technology device to an entity listed in this subsection when a student with a disability using the device changes the school of attendance in the 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.  The device may be transferred to: 
    (1)  the school or school district in which the student enrolls;            
    (2)  a state agency, including the Health and Human Services Commission, that provides services to the student following the student's graduation from high school;  or 
    (3)  the student's parents, or the student if the student has the legal capacity to enter into a contract.
. . . 


Last Amended:  86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 6, eff. September 1, 2019
Entered: July 17, 2019 

Texas Education Code § 30.0015. Transfer of Assistive Technology Devices.

. . . 
(c)  The standards developed under this section must include:  
. . . 
    (3)  a process to obtain written consent by the student's parents, or the student where appropriate, to the transfer. 
. . . 


Last Amended:  86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 6, eff. September 1, 2019
Entered: July 17, 2019 

34 Code of Federal Regulations § 300.9  Consent.    

Consent means that—   

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;   
. . . 


Last Amended:  73 FR 73027, Dec.1, 2008 
Entered:  Dec. 1, 2008

34 Code of Federal Regulations § 300.9  Consent.    

Consent means that—   

. . . 
(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and   
. . . 


Last Amended:  73 FR 73027, Dec.1, 2008 
Entered:  Dec. 1, 2008

34 Code of Federal Regulations § 300.9  Consent.    

Consent means that—   

. . . 
(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and   
. . . 


Last Amended:  73 FR 73027, Dec.1, 2008 
Entered:  Dec. 1, 2008

34 Code of Federal Regulations § 300.9  Consent.    

Consent means that—   

. . . 
(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and   
. . . 


Last Amended:  73 FR 73027, Dec.1, 2008 
Entered:  Dec. 1, 2008

34 Code of Federal Regulations § 300.9  Consent.    

Consent means that—   

. . . 
(c)    
    (1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.       
. . . 


Last Amended:  73 FR 73027, Dec.1, 2008 
Entered:  Dec. 1, 2008

34 Code of Federal Regulations § 300.9  Consent.    

Consent means that—   

. . . 
(c)    
. . .       
    (2) If a parent revokes consent, 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).     
. . .  


Last Amended:  73 FR 73027, Dec.1, 2008 
Entered:  Dec. 1, 2008

19 Texas Administrative Code § 89.1056. Transfer of Assistive Technology Devices.
 
. . . 
(b) A transfer of an assistive technology device (ATD) pursuant to TEC, §30.0015, shall be in accordance with a transfer agreement which incorporates the standards described in TEC, §30.0015(c), and which includes, specifically, the following.    
. . .   
    (2) The informed consent of the parent of the student with a disability for whom the ATD is being transferred must be obtained before the transfer of an ATD pursuant to TEC, §30.0015. The procedures employed by a school district in obtaining such informed consent shall be consistent with the procedures employed by the district to obtain parental consent under 34 Code of Federal Regulations (CFR), §300.300. If the student has the legal capacity to enter into a contract, the informed consent may be obtained from the student. Consistent with 34 CFR, §300.505(c), informed parental or adult student consent need not be obtained if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent or the adult student has failed to respond. To meet the reasonable measures requirement, the school district must use procedures consistent with those described in 34 CFR, §300.322(d).    
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

19 Texas Administrative Code § 89.1056. Transfer of Assistive Technology Devices.
 
. . . 
(b) A transfer of an assistive technology device (ATD) pursuant to TEC, §30.0015, shall be in accordance with a transfer agreement which incorporates the standards described in TEC, §30.0015(c), and which includes, specifically, the following.    
. . .   
    (2) The informed consent of the parent of the student with a disability for whom the ATD is being transferred must be obtained before the transfer of an ATD pursuant to TEC, §30.0015. The procedures employed by a school district in obtaining such informed consent shall be consistent with the procedures employed by the district to obtain parental consent under 34 Code of Federal Regulations (CFR), §300.300. If the student has the legal capacity to enter into a contract, the informed consent may be obtained from the student. Consistent with 34 CFR, §300.505(c), informed parental or adult student consent need not be obtained if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent or the adult student has failed to respond. To meet the reasonable measures requirement, the school district must use procedures consistent with those described in 34 CFR, §300.322(d).    
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

34 Code of Federal Regulations § 300.300  Parental consent.   

. . . 
(c) Parental consent for reevaluations.         
    . . .         
    (2) The informed parental consent described in paragraph (c)(1) of this section need not be obtained if the public agency can demonstrate that—       
       (i) It made reasonable efforts to obtain such consent; and               
       (ii) The child’s parent has failed to respond.  
. . . 


Last Amended:  73 FR 73027, Dec. 1, 2008 
Entered:  December 8, 2008  

34 Code of Federal Regulations § 300.300  Parental consent.   

. . . 
(d) Other consent requirements.         
    . . .        
    (5) To meet the reasonable efforts requirement in paragraphs (a)(1)(iii), (a)(2)(i), (b)(2), and (c)(2)(i) of this section, the public agency must document its attempts to obtain parental consent using the procedures in §300.322(d).  


Last Amended:  73 FR 73027, Dec. 1, 2008 
Entered:  December 8, 2008  

34 Code of Federal Regulations § 300.322  Parent participation. 

. . . 
(d) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as— 
    (1) Detailed records of telephone calls made or attempted and the results of those calls; 
    (2) Copies of correspondence sent to the parents and any responses received; and 
   (3) Detailed records of visits made to the parent’s home or place of employment and the results of those visits. 
. . . 


Last Amended:  71 FR 46788, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1056. Transfer of Assistive Technology Devices.
 
. . . 
(b) A transfer of an assistive technology device (ATD) pursuant to TEC, §30.0015, shall be in accordance with a transfer agreement which incorporates the standards described in TEC, §30.0015(c), and which includes, specifically, the following.    
. . .   
    (2) The informed consent of the parent of the student with a disability for whom the ATD is being transferred must be obtained before the transfer of an ATD pursuant to TEC, §30.0015. The procedures employed by a school district in obtaining such informed consent shall be consistent with the procedures employed by the district to obtain parental consent under 34 Code of Federal Regulations (CFR), §300.300. If the student has the legal capacity to enter into a contract, the informed consent may be obtained from the student. Consistent with 34 CFR, §300.505(c), informed parental or adult student consent need not be obtained if the school district can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent or the adult student has failed to respond. To meet the reasonable measures requirement, the school district must use procedures consistent with those described in 34 CFR, §300.322(d).    
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

Uniform Transfer Agreement Form for Assistive Technology Devices (TEA)

OSEP Letter to Goodman (June 21, 1998)

2 Code of Federal Regulations (CFR) §200.313