1997 Minnesota Statutes

     120.188 Purchasing guidelines. 

    Subdivision 1.    Rights of school districts to purchase 
 school-owned assistive technology.  (a) When a child with a 
 disability exits a school district and enters a new school 
 district, the child's new school district may purchase any 
 assistive technology devices that the child's former school 
 district has purchased on the child's behalf.  The child's new 
 school district must notify, in writing, the child's former 
 school district of the intent to purchase the device.  The 
 child's new school district must complete a purchase agreement 
 according to section 120.1701, subdivision 10.  The child's 
 former school district must respond, in writing, to the request 
 to purchase within 30 days.  

    (b) School districts may decline to sell a device if they 
 can demonstrate the technology is a general use device or can be 
 modified for use by other students. 

    Subd. 2.    Liability for used equipment.  The child's 
 former school district shall not be liable for any 
 nonconformities in the equipment after it is purchased by the 
 child's new school district, or for injuries arising out of the 
 use of the assistive technology device.  This section does not 
 foreclose the child's right to bring suit against the 
 manufacturer, assistive device lessor, or assistive device 
 dealer for nonconformities in or injuries arising out of the use 
 of the assistive technology device. 

    Subd. 3.    Third-party payors.  Nothing contained in 
 this section shall be construed as decreasing the obligation of 
 an insurance company or other third-party payor to provide 
 coverage for assistive technology. 

    HIST: 1996 c 412 art 3 s 7