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2012 SESSION

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12104435D
HOUSE BILL NO. 382 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Education on January 30, 2012) (Patron Prior to Substitute--Delegate Pogge) A BILL to amend the Code of Virginia by adding a section numbered 22.1-129.1, relating to transfer of assistive technology devices.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 22.1-129.1 as follows:

§ 22.1-129.1. Transfer of assistive technology devices.

A. For the purposes of this section:

"Assistive technology device" means any device, including equipment or a product system, which is used to increase, maintain, or improve functional capabilities of a child with a disability. Assistive technology device shall not include surgically implanted medical devices, such as cochlear implants.

"Child with a disability" means the same as that term is defined in § 22.1-213.

"Transfer" means the process by which a school division that has purchased an assistive technology device may sell, lease, donate, or loan the device pursuant to subsection B.

B. An assistive technology device may be transferred to (i) the school division to which a child with a disability transfers from the school division that purchased the device and (ii) a state agency, including the Department of Rehabilitative Services, that provides services to a child with a disability following the child's graduation with a standard or advanced studies diploma or when a school division ceases to provide special education services for the student.

2. The Department of Education shall issue guidelines for the transfer of assistive technology devices no later than July 1, 2013. The guidelines shall address (i) a uniform transfer agreement to convey title to an assistive technology device and applicable warranty information and (ii) a method for computing the fair market value of an assistive technology device, including a reasonable allowance for use.