Notwithstanding
any other provision of law, the office of the superintendent of
public instruction, the Washington state school for the blind,
the Washington state center for childhood deafness and hearing
loss, 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.
[2009 c 381 § 28; 1997 c 104 § 2.]
NOTES:
Findings -- Intent -- 2009 c 381: See note following RCW 72.40.015.