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Minnesota Legislature

Office of the Revisor of Statutes

125A.58 PURCHASING GUIDELINES.
    Subdivision 1. Rights of districts to purchase school-owned assistive technology. (a)
When a child with a disability exits a district and enters a new district, the child's new district
may purchase any assistive technology devices that the child's former district has purchased on
the child's behalf. The child's new district must notify, in writing, the child's former district of
the intent to purchase the device. The child's new district must complete a purchase agreement
according to section 125A.36. The child's former district must respond, in writing, to the request
to purchase within 30 days.
(b) 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 district is not liable for any
nonconformities in the equipment after it is purchased by the child's new 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 may be construed as
decreasing the obligation of an insurance company or other third-party payor to provide coverage
for assistive technology.
History: 1996 c 412 art 3 s 7; 1998 c 397 art 2 s 70,164