HF 2192

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for families, school 
  1.3             districts, or the department of economic security to 
  1.4             purchase from the school district used assistive 
  1.5             technology devices for children with disabilities; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 120. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [120.187] [DEFINITIONS.] 
  1.10     Subdivision 1.  [APPLICABILITY.] For the purposes of 
  1.11  sections 120.187 to 120.189, the following terms have the 
  1.12  meanings given them. 
  1.13     Subd. 2.  [ASSISTIVE TECHNOLOGY DEVICE.] "Assistive 
  1.14  technology device" is any item, piece of equipment, or product 
  1.15  system, whether acquired commercially off the shelf, modified, 
  1.16  or customized, that is used to increase, maintain, or improve 
  1.17  functional capabilities of children with disabilities in the 
  1.18  areas of seeing, hearing, speaking, walking, breathing, 
  1.19  performing manual tasks, learning, caring for oneself, or 
  1.20  working.  The term includes, but is not limited to: 
  1.21     (1) manual wheelchairs, motorized wheelchairs, motorized 
  1.22  scooters, and other aids that enhance the mobility of a child; 
  1.23     (2) hearing aids, assistive listening devices, and other 
  1.24  aids that enhance a child's ability to hear or communicate; 
  1.25     (3) voice-synthesized computer modules, optical scanners, 
  1.26  talking software, Braille printers, large print materials, and 
  2.1   other devices that enhance a child's ability to access print or 
  2.2   communicate; and 
  2.3      (4) other assistive devices such as environmental controls, 
  2.4   adaptive transportation aids, communication boards, and modified 
  2.5   environments. 
  2.6      Subd. 3.  [ASSISTIVE TECHNOLOGY SERVICE.] "Assistive 
  2.7   technology service" is any service that directly assists a child 
  2.8   with a disability in the selection, acquisition, or use of an 
  2.9   assistive technology device.  The term includes: 
  2.10     (1) the evaluation of the needs of a child with a 
  2.11  disability, including a functional evaluation of the individual 
  2.12  in the individual's customary environment; 
  2.13     (2) purchasing, leasing, or otherwise providing for the 
  2.14  acquisition of assistive technology devices or environmental 
  2.15  accommodations by children with disabilities; 
  2.16     (3) selecting, designing, fitting, customizing, adapting, 
  2.17  applying, retaining, repairing, or replacing assistive 
  2.18  technology devices or environmental accommodations; 
  2.19     (4) coordinating and using other therapies, interventions, 
  2.20  or services with assistive technology devices, such as those 
  2.21  associated with existing education and rehabilitation plans and 
  2.22  programs; 
  2.23     (5) training or technical assistance for a child with a 
  2.24  disability or, if appropriate, the child's family; and 
  2.25     (6) training or technical assistance for professionals 
  2.26  including individuals providing education or rehabilitation 
  2.27  services, employers, or other individuals who provide services 
  2.28  to, employ, or are otherwise substantially involved in the major 
  2.29  life functions of children with disabilities. 
  2.30     Sec. 2.  [120.188] [PURCHASING GUIDELINES.] 
  2.31     Subdivision 1.  [RIGHTS OF FAMILY OR LEGAL REPRESENTATIVE 
  2.32  TO PURCHASE SCHOOL-OWNED ASSISTIVE TECHNOLOGY DEVICES.] When a 
  2.33  child with a disability exits a school district, the child's 
  2.34  family or legal representative may purchase any assistive 
  2.35  technology devices that the school district has purchased on the 
  2.36  child's behalf.  The purchase price shall be the fair market 
  3.1   value of the device or a lesser amount.  The child must have 
  3.2   attended school in the school district for at least one year to 
  3.3   be eligible to purchase the device.  In addition, the child's 
  3.4   representative must notify, in writing, the individual education 
  3.5   plan team of the child's intent to purchase the device prior to 
  3.6   the child exiting the school district.  The child's 
  3.7   representative must complete a purchase agreement provided by 
  3.8   the school district.  The school district must respond, in 
  3.9   writing, to the request to purchase within 30 days. 
  3.10     Subd. 2.  [RIGHTS OF SCHOOL DISTRICTS TO PURCHASE 
  3.11  SCHOOL-OWNED ASSISTIVE TECHNOLOGY.] When a child with a 
  3.12  disability exits a school district and enters a new school 
  3.13  district, the child's new school district may purchase any 
  3.14  assistive technology devices that the child's former school 
  3.15  district has purchased on the child's behalf.  The purchase 
  3.16  price shall be the fair market value of the device or a lesser 
  3.17  amount.  The child's new school district must notify, in 
  3.18  writing, the child's former school district of the intent to 
  3.19  purchase the device.  The child's new school district must 
  3.20  complete a purchase agreement.  The child's former school 
  3.21  district must respond, in writing, to the request to purchase 
  3.22  within 30 days.  
  3.23     Subd. 3.  [CALCULATION OF FAIR MARKET VALUE.] The fair 
  3.24  market value of the assistive device is the difference between 
  3.25  the purchase price of the device less the reasonable allowance 
  3.26  for use. 
  3.27     Subd. 4.  [REASONABLE ALLOWANCE.] Under this section, a 
  3.28  reasonable allowance for use may not exceed the amount obtained 
  3.29  by multiplying the total amount for which the school district 
  3.30  originally purchased the device by a fraction, the denominator 
  3.31  of which is 1,825 and the numerator of which is the number of 
  3.32  days that the assistive device was used before purchasing the 
  3.33  device from the school system. 
  3.34     Subd. 5.  [REQUIREMENTS OF PURCHASE AGREEMENT.] A school 
  3.35  district must provide a purchase agreement that includes: 
  3.36     (1) a description of the parties to the agreement; 
  4.1      (2) a description of the device; 
  4.2      (3) a description of the original cost of the device; 
  4.3      (4) the agreed upon purchase price of the device based on 
  4.4   the fair market value or a lesser amount; 
  4.5      (5) an agreed upon payment schedule for the purchase of the 
  4.6   device not to exceed 12 monthly installments; 
  4.7      (6) the signature of the parties to the agreement or 
  4.8   authorized representatives; 
  4.9      (7) a waiver of the purchaser's rights to bring legal 
  4.10  action against the school district for nonconformities in the 
  4.11  device after purchase of the device; 
  4.12     (8) copies of any express warranties that came with the 
  4.13  device upon the initial purchase by the school district; and 
  4.14     (9) a copy of the maintenance history of the device, if any.
  4.15     Sec. 3.  [120.189] [INTERAGENCY AGREEMENT TO PURCHASE USED 
  4.16  ASSISTIVE TECHNOLOGY DEVICES.] 
  4.17     Subdivision 1.  [OPTION TO PURCHASE BY DEPARTMENT OF 
  4.18  ECONOMIC SECURITY.] The rehabilitation services division of the 
  4.19  department of economic security may purchase, at fair market 
  4.20  value, an assistive technology device initially purchased by a 
  4.21  school district for a child who is currently a recipient of 
  4.22  rehabilitation services and who needs the identical assistive 
  4.23  technology device as stated on the recipient's individual 
  4.24  written rehabilitation plan.  The purchase may be made not more 
  4.25  than three months prior to the child exiting the school district.
  4.26     Subd. 2.  [LIABILITY FOR USED EQUIPMENT.] The department of 
  4.27  economic security and the department of children, families, and 
  4.28  learning shall not be liable for any nonconformities in the 
  4.29  equipment after it is purchased by the rehabilitation services 
  4.30  division of the department of economic security.  A parent or 
  4.31  legal representative of a child with a disability shall waive 
  4.32  the child's rights to bring legal action against either the 
  4.33  department of economic security or the department of children, 
  4.34  families, and learning for any nonconformities in or injuries 
  4.35  arising out of the use of the assistive technology device.  This 
  4.36  section does not foreclose the child's right to bring suit 
  5.1   against the manufacturer, assistive device lessor, or assistive 
  5.2   device dealer for nonconformities in or injuries arising out of 
  5.3   the use of the assistive technology device. 
  5.4      Subd. 3.  [PURCHASE GUIDELINES.] A school district must 
  5.5   provide a purchase agreement that includes: 
  5.6      (1) a description of the parties to the agreement; 
  5.7      (2) a description of the device; 
  5.8      (3) a description of the original cost of the device; 
  5.9      (4) the agreed upon purchase price of the device based on 
  5.10  the fair market value, as calculated in section 120.188, 
  5.11  subdivision 2, or a lesser amount; 
  5.12     (5) the signature of the authorized representatives of the 
  5.13  school district and rehabilitative services division of the 
  5.14  department of economic security; 
  5.15     (6) copies of any express warranties that came with the 
  5.16  device upon the initial purchase by the school district; and 
  5.17     (7) a copy of the maintenance history of the device, if any.