• "Transfer" means the process by which the LEA that has purchased an assistive technology device may sell, lease, or loan the device for the continuing use of a child with a disability who is changing the school of attendance in the LEA or leaving the LEA.

• 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 parent, or the child if the child has the legal capacity to enter into a contract.

ELEMENTS OF CONSENT TO TRANSFER ASSISTIVE TECHNOLOGY DEVICES

The "informed consent" that the LEA must obtain to transfer an assistive technology device means:

• The parent has been fully informed of all information relevant to the transfer in his or her native language or other mode of communication;

• The parent 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 understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime; and

• The parent understands that if the 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retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

Parental consent need not be obtained if the LEA can demonstrate:

• The LEA has taken reasonable measures to obtain that consent; and

• The parent failed to respond.