BILL NUMBER: AB 2097	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 23, 2012

   An act to add Section 56363.2 to the Education Code, relating to
special education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2097, as introduced, Hill. Special education: assistive
technology devices.
   Existing law requires an individualized education program (IEP)
team, when developing an IEP, to consider whether an individual with
exceptional needs requires assistive technology devices and services,
as defined. Existing law states that a local educational agency is
not required to purchase medical equipment, which excludes an
assistive technology device, for an individual with exceptional needs
but that a local educational agency is responsible for providing
other specialized equipment for use at school that is needed to
implement the IEP.
   This bill would authorize a local educational agency or special
education local plan area to retain, sell, or otherwise dispose of an
assistive technology device, including, but not limited to, giving
the assistive technology device to the individual with exceptional
needs to whom it was assigned, if specified determinations are made.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Assistive technology devices provided to individuals with
exceptional needs better enables individuals with exceptional needs
to achieve the goals stipulated in their individualized education
program, develop important life skills, and transition into
adulthood.
   (b) Assistive technology devices are tools for access,
independence, and academic success for individuals with exceptional
needs. Assistive technology devices can range from low-technology
equipment such as a calculator or audio recording device, to more
sophisticated technology that is specialized and tailored to the
individual needs of the pupil, and can include adaptive equipment,
specialized computer software, a hearing aid, or a powered wheel
chair.
   (c) State law does not authorize an assistive technology device to
be given to an individual with exceptional needs for whom the
assistive technology device was designed and assigned for use, when
the individual with exceptional needs ages out of his or her
eligibility for special education services under the federal
Individual with Disabilities Education Act (IDEA) (20 U.S.C. Sec.
1400 et seq.). This lack of authority has resulted in some assistive
technology devices that cannot be reassigned to another individual
with exceptional needs, due to its unique construction or design, to
be rendered useless.
   (d) It is the intent of the Legislature that in specified
circumstances, a special education local plan area or local
educational agency be authorized to sell or give an assistive
technology device to the individual with exceptional needs to whom it
was assigned when the individual with exceptional needs will lose
their IDEA eligibility.
  SEC. 2.  Section 56363.2 is added to the Education Code, to read:
   56363.2.  In accordance with Section 80.32 of Title 34 of the Code
of Federal Regulations, a local educational agency or special
education local plan area may retain, sell, or otherwise dispose of
an assistive technology device, as defined in Section 56020.5,
including, but not limited to, giving the assistive technology device
to the individual with exceptional needs to whom it was assigned, if
the local educational agency or special education local plan area
determines that the assistive technology device has a current
per-unit fair market value of less than five thousand dollars
($5,000) and is no longer needed by the local educational agency or
special education local plan area for other individuals with
exceptional needs.