Virginia Code 22.1-129.1: Transfer of assistive technology devices.
A. For the purposes of this section:
Terms Used In Virginia Code 22.1-129.1
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Education. See Virginia Code 22.1-1
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- parents: means any parent, guardian, legal custodian, or other person having control or charge of a child. See Virginia Code 22.1-1
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- state agency: means the same as that term is defined in § Virginia Code 1-206
“Assistive technology device” means any device, including equipment or a product system, which is used to increase, maintain, or improve functional capabilities of a child with a disability. Assistive technology device shall not include surgically implanted medical devices, such as cochlear implants.
“Child with a disability” means the same as that term is defined in § 22.1-213.
“Transfer” means the process by which a school division that has purchased an assistive technology device may sell, lease, donate, or loan the device pursuant to subsection B.
B. An assistive technology device may be transferred to (i) the school division to which a child with a disability transfers from the school division that purchased the device; (ii) a state agency, including the Department for Aging and Rehabilitative Services, that provides services to a child with a disability following the child’s graduation or when a school division ceases to provide special education services for the student; or (iii) the parents of a child with a disability, or the child with a disability if the child with a disability is age 18 or older and has capacity to enter into a contract.