1. MEMORANDUM K12: 2006-131
    2. SUBJECT: INTERAGENCY AGREEMENT FOR THE TRANSFER OF ASSISTIVE TECHNOLOGY
    3. VI. General Provisions
  1. Consumer Request for Transfer of Assistive Technology
  2. Agency Certification of Assistive Technology Transfer Decision

FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
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John L. Winn
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
DONNA G. CALLAWAY
ROBERTO MARTÍNEZ
PHOEBE RAULERSON
KATHLEEN SHANAHAN
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Contact Information:
LINDA K. TAYLOR
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Karen Morris
(850) 245-0478
Karen.Morris@fldoe.org
MEMORANDUM
K12: 2006-131
TO:
Exceptional Student Education Directors
FROM:
Bambi J. Lockman
DATE:
September 11, 2006
SUBJECT: INTERAGENCY
AGREEMENT
FOR THE TRANSFER OF ASSISTIVE
TECHNOLOGY
The purpose of this memorandum is to ensure understanding of and compliance with the attached
Florida Interagency Agreement for the Transfer of Assistive Technology. This interagency
agreement meets the requirements of Senate Bill (SB) 2550 passed by the 2005 Legislature, creating
Section 1003.575, Florida Statutes, “Assistive technology devices; findings; interagency
agreements,” regarding the transition of assistive technology. To view the bill text in its entirety, see
Chapter 2005-188, Laws of Florida.
This bill became effective July 1, 2005, and required an interagency agreement among the agencies
listed below:
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The Florida Infants and Toddlers Early Intervention Program of the Department of Health
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The Division of Blind Services of the Department of Education
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The Division of Vocational Rehabilitation of the Department of Education
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The Voluntary Prekindergarten Education Program of the Department of Education and the
Agency for Workforce Innovation
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The Bureau of Exceptional Education and Student Services of the Department of Education
The interagency agreement is required to provide a mechanism by which a young person, or his or
her parent, may request that an assistive technology device remain with the young person as he or
BAMBI J. LOCKMAN
Chief
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Bureau of Exceptional Education and Student Services
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325 W. GAINES STREET • SUITE 614 • TALLAHASSEE, FL 32399-0400 • (850) 245-0475 • www.fldoe.org

Interagency Agreement for the Transfer of Assistive Technology
September 6, 2006
Page Two
she moves through the continuum from home to school and to post-school. In addition, a procedure
is established to ensure the young person and all individuals who assist in the transition of a young
person are informed of assistive technology devices and services that may meet the transition needs.
The attached interagency agreement was developed by representatives of the above agencies and is
designed to provide the transition mechanism outlined in SB 2550. Sample forms for the transfer of
assistive technology are attached which may be used by parents and school districts to track assistive
technology transition requests and outcomes.
Information regarding the rights of students to request the transition of their assistive technology
must be provided to the student, his or her family, and the transition individual educational plan
team. Upon receipt of this memorandum, we encourage all exceptional student education (ESE)
directors to review and share this information with the ESE teachers in their district. This
information should be provided to all IEP teams, so they may inform students and their families of
the option to request the transition of their technology.
BJL/kmm
Attachments:
Florida Interagency Agreement for the Transfer of Assistive Technology
Consumer Request Form for the Transfer of Assistive Technology
Agency Certification of Assistive Technology Transfer Decision
cc:
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Florida Diagnostic and Learning Resources System Managers
Transition Contact Persons

Interagency Agreement
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June 1, 2006
Florida Interagency Agreement for the
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Transfer of Assistive Technology
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I.
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Introduction
Florida local education agencies (LEAs) and select state agencies periodically
provide assistive technology to children and youth with disabilities as part of their
individual support plan (ISP), individualized plan for employment (IPE),
individualized family support plan (IFSP), or individual educational plan (IEP) in
accordance with federal and state law. This interagency agreement seeks to
establish a framework for a more efficient transition of technology as individuals
move through the continuum of education to employment.
II.
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Authority
Section 1003.575, Florida Statutes (F.S.), requires interagency agreements to
support a framework that ensures the opportunity to request assistive technology
devices be retained for use by a child or youth with a disability as he/she
transitions to another school district, postsecondary institution, state or
community agency, employment facility or community living facility.
III.
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Participating
Agencies
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Florida Infants and Toddlers Early Intervention Program (Early Steps) of the
Division of Children’s Medical Services of the Department of Health
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The Division of Blind Services of the Department of Education
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The Division of Vocational Rehabilitation of the Department of Education
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The Voluntary Prekindergarten Education Program of the Department of
Education and the Agency for Workforce Innovation
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The Bureau of Exceptional Education and Student Services of the Department
of Education
IV.
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Purpose of this Agreement
A.
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General
Purpose
The purpose of this agreement is to clarify requirements in accordance
with S. 1003.575, F.S., associated with the transfer of assistive technology
for children and youth with disabilities as they move through the
continuum from home to school(s) to post-school.
Assistive technology is defined as an item, piece of equipment, or product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities.
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Interagency Agreement
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June 1, 2006
B.
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Specific
Purpose
The specific purpose is to provide a framework for ensuring that children
and youth with disabilities and their families, educators, and employers are
informed about the continued use and transfer of assistive technology
devices that may assist in meeting transition needs. This framework will
establish a mechanism by which the users of such equipment or his or her
parent may request that an assistive technology device remain with the
young person as he or she moves through the continuum from home to
school to post-school.
V.
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Specific Terms and Conditions for Coordination of Services by Agencies in
this Agreement
A.
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The Agency for Workforce Innovation (AWI) administers the operational
requirements of the Voluntary Prekindergarten (VPK) Educational
Program pursuant to Chapter 1002, F.S. No funds received by the
participating child nor the AWI are used for the purchase or transfer of
assistive technology devices. Because the children are in an educational
setting, the AWI will assist in the coordination and facilitation, as
appropriate, for the purchase or transfer of an assistive technology device
between a participating VPK child and the agency purchasing or
transferring the device.
As such, provisions related to the purchase and
transfer of technology devices shall not apply to AWI. AWI is neither an
affected agency nor an LEA.
B.
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Authority for Transfer of Property by LEA
LEAs have clear authority from federal and state regulations to manage
the general affairs of the district. This includes the authority to transfer
property the LEA no longer needs. Equipment may be used by the district
in the program or project for which it was acquired as long as needed.
When no longer needed for the original program or project, the equipment
may be used in other program activities or may be sold at fair market
value to another agency or individual as noted in S. 274.05, F.S., and (34
CFR § 80.42(4)(e)).
Because students profit from continued use of the same technology, LEAs
are encouraged to transfer equipment with the student. However, the
sending LEA may choose to offer assistive technology to the receiving
LEA, offer the assistive technology to another student in the sending LEA,
offer the device to another federally funded program, or dispose of the
device according to school district policy.
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Interagency Agreement
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June 1, 2006
To ensure accountability for the transfer of property, the LEA must
consider the following guidance in preparing to transfer assistive
technology:
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The school board may receive reasonable value for transferring
property.
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Transfer of assistive technology devices may be made to any number
of entities or individuals, including, but not limited to, another LEA, a
postsecondary institution, a human service agency, an employer, or a
private individual.
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Transfer of assistive technology devices should be completed through
applicable LEA procedures that are consistent with LEA property
record requirements.
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The transfer procedure should define the responsibility of the recipient
for supporting the user of the equipment and for the care, maintenance,
and upgrading of the equipment.
C.
Framework for the Transfer of Assistive Technology
The affected agencies will develop the following upon execution of this
agreement:
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Procedures for a transfer process as outlined in the following section
of this agreement
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Informational materials for dissemination to children and youth with
disabilities, their families, educators, and employers about the transfer
of assistive technology devices that may assist in meeting transition
needs
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A form to ensure an accessible and consumer friendly request process
D. Request
Process
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A request to retain an assistive technology device must be made to the
agency that owns the device, in writing, by a youth with disabilities or
his or her parent or guardian.
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(S. 1003.575, F.S.)
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The affected agency will acknowledge receipt of the written request
within 10 working days.
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The affected agency will certify that the technology was purchased by
the LEA or state agency and document the original cost and date of
purchase.
At its discretion, the LEA or affected state agency may
request reimbursement for the assistive technology being transferred.
Assistive technology reimbursement may be based on a straight line of
depreciation taking into account the nature of the equipment, historical
usage patterns, and technological development as noted in S. 274.05,
F.S. and (34 CFR § 80.42(4)(e)).
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Within 30 working days after original request, the agency that owns
the device will notify the requestor of the established transfer date.
A written request is necessary only in those cases where an assistive technology device is owned by an entity other than a young
person or his or her parent or guardian.
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Interagency Agreement
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June 1, 2006
E.
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Liability for Used Equipment
Neither the Department of Education nor Department of Health shall be
liable for any nonconformity in the equipment after it is purchased and
transferred or for injuries arising out of the use of the assistive technology
device.
F.
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Third-Party
Payor
Nothing contained in this section shall be construed as decreasing the
obligation of an insurance company or other third-party payor to provide
coverage for assistive technology.
G.
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Resolution of Disputes
The parties to this agreement resolve to address interagency disputes in a
timely manner. Any complaint or grievance shall be in writing and
identify the conflict and proposed action to be taken and by whom. The
staff from the receiving agency shall provide a written response, which
includes proposed solutions to the dispute, within forty-five (45) days of
receipt of notice of the conflict. Should additional action be required, a
report from both agencies will be submitted to the appropriate parties who
signed the agreement representing their agency. Until final resolution of a
dispute, each of the parties to this agreement shall respect the policies and
procedures of one another.
In the case of disputes regarding financial
obligations, during the pendency of any disputes the public agency
responsible for educating the disabled child or youth must ensure that the
youth receives all required services at no cost to the parents.
H.
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Financial Responsibility
General Statement
Equipment purchased with state or federal funds valued at less than $5,000
may be sold at fair market value to another agency named in this
agreement. In determining fair market value, a straight line of
depreciation is suggested, taking into consideration the nature of the
equipment, historical usage patterns, and technological development.
Each affected agency named in this agreement has financial responsibility
for ensuring the provision of services to children and youth, including
those with disabilities.
Therefore, upon signing this agreement, each
affected agency understands that reimbursement may be requested for the
assistive technology being transferred, and the receiving agency must meet
or negotiate this reimbursement request.
Conditions and Terms of Reimbursement
If a noneducational agency fails to provide or pay for services for which
they are responsible and that are also considered special education and
related services, the LEA (or state agency responsible for developing the
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Interagency Agreement
June 1, 2006
child’s IEP) shall provide or pay for these services to the child in a timely
manner. The LEA or state agency may then claim reimbursement for the
services from the noneducational agency that was responsible for the
provision of the services and failed to provide or pay for these services,
and that agency shall reimburse the LEA or state agency in accordance
with the terms of this agreement.
I.
Timely and Appropriate Coordination of Services
The request process above outlines the procedures for timely and
appropriate delivery of services.
The agency that owns the device will
acknowledge the receipt of the written request within 10 working days and
will notify the requestor of the established transfer date within 30 working
days of the request.
VI.
General Provisions
A.
Compliance with Laws
Each party shall comply with all federal, state, and local laws, rules,
regulations, standards, and executive orders, without limitation to those
designated within this agreement. The laws and regulations of the state
shall govern the rights of the parties, performance of this agreement, and
any disputes. If any provision of this agreement is held invalid or
unenforceable, the remaining provisions shall continue valid and
enforceable to the full extent permitted by law. Any changes in the
governing law, rules, and regulations during the term of this agreement
shall apply but do not require an amendment.
B.
Nondiscrimination
The parties shall comply with the mandates that all persons, regardless of
race, color, religion, sex, age, disability, national origin, or political
affiliation, shall have equal access to employment opportunities, and all
other applicable federal and state laws, rules, and regulations, including
the Americans with Disabilities Act.
C.
Amendments or Modifications
This agreement may be amended or modified at any time by consensus of
all state agencies in this agreement. No agent, employee, or other
representative is empowered to alter any of the terms of the agreement,
unless done in writing and signed by the authorized representative of all
respective parties.
In witness whereof, the parties have executed this agreement on the dates
stated in the following pages.
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Consumer Request for Transfer of Assistive Technology
Date: ________________
Consumer Name: _________________________________________________
School/Agency: __________________________ Grade: ________________
If the individual requesting the transfer of assistive technology is different from the
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consumer listed above, complete the following information.
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Name: ____________________________
Phone: ______________________
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Relationship to Consumer: _________________________________________
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I request the transfer of the following assistive technology. Be as specific as possible.
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Use additional sheets if necessary.
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Item Name: ____________________ Brand Name: ______________________
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Model or serial number: ________________
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I request this assistive technology be transferred from:
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School: __________________________ District:_______________________
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I request this assistive technology be transferred to:
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School/Agency/Person: ________________District/County_______________
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Address: ________________________________________________________
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Phone: ______________
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Consumer Signature: _____________________________________________
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Agency Receipt/Date: _______________________
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Agency Signature: We acknowledge receipt of written request.
(Must be signed and 1 copy returned to consumer within 10 working days)

____________________________ _____________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

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Agency Certification of Assistive Technology Transfer Decision
The School Board of _________________________ County
________approves (complete section 1 only)
________denies (completes section 2 only) the attached assistive
technology (AT) transfer request
Section 1: (complete for approval of transfer)
School or State Agency
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______Does not request reimbursement for the AT being transferred.
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______Requests reimbursement for the AT being transferred at the amount
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of $____________.
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We have mutually agreed on ___________________________as the transfer
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date.
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Consumer
Agency
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Date of notification of transfer date:____________________
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(Consumer must be notified within 30 working days of original request.)
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The receiving agency will assume responsibility for support, maintenance,
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repair, or replacement of the device as of the date of transfer.
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Section 2: (Complete for denial of transfer)
Please provide reasons for denial:
If denied, please attach an alternative assistive technology transition plan
for this student.
Agency Signature______________________ Date_____________

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