AN
ACT Relating to authorizing educational agencies to rent, sell, or transfer
assistive technology for the benefit of individuals with disabilities and
authorizing the creation of interagency cooperative agreements for the purpose
of providing assistive technology for children with disabilities; amending RCW
28A.335.180; adding a new section to chapter 28A.335 RCW; and adding a new
section to chapter 28A.155 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28A.335.180 and 1991 c 116 s 1 are each amended to read as follows:
Notwithstanding
any other provision of law, school districts, educational service districts, or
any other state or local governmental agency concerned with education, when
declaring texts and other books, equipment, materials or relocatable facilities
as surplus, shall, prior to other disposal thereof, serve notice in writing in
a newspaper of general circulation in the school district and to any public
school district or private school in Washington state annually requesting such
a notice, that the same is available for sale, rent, or lease to public school
districts or private schools, at depreciated cost or fair market value,
whichever is greater: PROVIDED, That students wishing to purchase texts
pursuant to RCW 28A.320.230(2) shall have priority as to such texts. The
notice requirement in this section does not apply to the sale or transfer of
assistive devices under section 2 of this act or chapter 72.40 RCW. Such
districts or agencies shall not otherwise sell, rent or lease such surplus
property to any person, firm, organization, or nongovernmental agency for at
least thirty days following publication of notice in a newspaper of general
circulation in the school district.
NEW
SECTION. Sec. 2. A
new section is added to chapter 28A.335 RCW to read as follows:
Notwithstanding
any other provision of law, the office of the superintendent of public
instruction, the Washington state school for the blind, the Washington state
school for the deaf, school districts, educational service districts, and all
other state or local governmental agencies concerned with education may loan,
lease, sell, or transfer assistive devices for the use and benefit of children
with disabilities to children with disabilities or their parents or to any
other public or private nonprofit agency providing services to or on behalf of
individuals with disabilities including but not limited to any agency providing
educational, health, or rehabilitation services. The notice requirement in RCW
28A.335.180 does not apply to the loan, lease, sale, or transfer of such
assistive devices. The sale or transfer of such devices is authorized under
this section regardless of whether or not the devices have been declared
surplus. The sale or transfer shall be recorded in an agreement between the
parties and based upon the item's depreciated value.
For
the purposes of this section, "assistive device" means any item,
piece of equipment, or product system, whether acquired commercially
off-the-shelf, modified, or customized, that is used to increase, maintain, or
improve functional capabilities of children with disabilities.
For
the purpose of implementing this section, each educational agency shall
establish and maintain an inventory of assistive technology devices in its
possession that exceed one hundred dollars and, for each such device, shall
establish a value, which shall be adjusted annually to reflect depreciation.
This
section shall not enhance or diminish the obligation of school districts to
provide assistive technology to children with disabilities where needed to
achieve a free and appropriate public education and equal opportunity in
accessing academic and extracurricular activities.
NEW
SECTION. Sec. 3. A
new section is added to chapter 28A.155 RCW to read as follows:
Notwithstanding
any other provision of law, the office of the superintendent of public
instruction, the Washington state school for the deaf, the Washington state
school for the blind, school districts, educational service districts, and all
other state and local government educational agencies and the department of
services for the blind, the department of social and health services, and all
other state and local government agencies concerned with the care, education,
or habilitation or rehabilitation of children with disabilities may enter into
interagency cooperative agreements for the purpose of providing assistive
technology devices and services to children with disabilities. Such arrangements
may include but are not limited to interagency agreements for the acquisition,
including joint funding, maintenance, loan, sale, lease, or transfer of
assistive technology devices and for the provision of assistive technology
services including but not limited to assistive technology assessments and
training.
For
the purposes of this section, "assistive device" means any item,
piece of equipment, or product system, whether acquired commercially
off-the-shelf, modified, or customized, that is used to increase, maintain, or
improve functional capabilities of children with disabilities. The term
"assistive technology service" means any service that directly
assists a child with a disability in the selection, acquisition, or use of an
assistive technology device. Assistive technology service includes:
(1)
The evaluation of the needs of a child with a disability, including a
functional evaluation of the child in the child's customary environment;
(2)
Purchasing, leasing, or otherwise providing for the acquisition of assistive
technology devices by children with disabilities;
(3)
Selecting, designing, fitting, customizing, adapting, applying, retaining,
repairing, or replacing of assistive technology devices;
(4)
Coordinating and using other therapies, interventions, or services with
assistive technology devices, such as those associated with existing education
and rehabilitation plans and programs;
(5)
Training or technical assistance for a child with a disability or if
appropriate, the child's family; and
(6) Training or technical assistance for professionals, including
individuals providing education and rehabilitation services, employers, or
other individuals who provide services to, employ, or are otherwise
substantially involved in the major life functions of children with
disabilities.
