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

• Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utilities, or equipment; and

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

• Instructional equipment and necessary furniture;

• Printed, published, and audio-visual instructional materials;

• Telecommunications, sensory, and other technological aids and devices; and

• Books, periodicals, documents, and other related materials.

ACQUISITION OF EQUIPMENT

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

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.

EQUIPMENT IN PRIVATE SCHOOLS

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

The LEA must hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes in the IDEA.

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

• Are used only for IDEA Part B purposes; and

• Can be removed from the private school without remodeling the private school facility.

• The equipment and supplies are no longer needed for IDEA Part B purposes; or

• Removal is necessary to avoid unauthorized use of equipment and supplies for other than IDEA Part B purposes.

An ATD may only be transferred to:

• The school or LEA in which the child enrolls;          

• A state agency, including the Texas Rehabilitation Commission and the Texas Department of Mental Health and Mental Retardation, that provides services to the child following the child's graduation from high school; or

• The child's parents or the child, if the child has the legal capacity to enter into a contract.

A transfer must be in accordance with a transfer agreement which includes, specifically, the following:

• 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;

• The LEA must comply with the CONSENT TO TRANSFER ASSISTIVE TECHNOLOGY DEVICES framework before transferring an ATD; and

• If the transfer is a sale, then the sale of the ATD must be evidenced by a Uniform Transfer Agreement which includes the following:

• The names of the transferor and the transferee;

• The date of the transfer;

• A description of the ATD being transferred;

• The terms of the transfer (including the transfer of warranties, to the extent applicable); and

• The signatures of authorized representatives of both the transferor and the transferee.

• Alters any existing obligation under federal or state law to provide ATDs to children with disabilities;

• Requires the LEA to transfer an ATD to any person or entity;

• 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

• 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.