CQC(LEGAL) - TECHNOLOGY RESOURCES: EQUIPMENT
Technology Lending Program Grant
A district may apply to the commissioner of education to participate in the technology lending grant program established under Education Code 32.301. Education Code 32.301(b)
A district may use a grant awarded under this program or other local funds to purchase, maintain, and insure equipment for a technology lending program. Equipment purchased by a district with a grant is the property of the district. Education Code 32.303
Transfer of Equipment to Students
A district may transfer to a student enrolled in the district:
- Any data processing equipment donated to the district, including equipment donated by a private donor, or a state eleemosynary institution or state agency under Government Code 2175.905 [see Fees, below];
- Any equipment purchased by the district, to the extent consistent with the provisions at Use of Public Funds, below; and
- Any surplus or salvage equipment owned by the district.
Education Code 32.102(a)
Before transferring data processing equipment to a student, a district must:
- Adopt rules governing transfers, including provisions for technical assistance to the student by the district;
- Determine that the transfer serves a public purpose and benefits the district; and
- Remove from the equipment any offensive, confidential, or proprietary information, as determined by the district.
Education Code 32.104
A district may accept:
- Donations of data processing equipment for transfer under these provisions; and
- Gifts, grants, or donations of money or services to purchase, refurbish, or repair data processing equipment.
Education Code 32.102(b)
A state eleemosynary institution or institution or agency of higher education or other state agency may not collect a fee or other reimbursement from a district for surplus or salvage data processing equipment transferred to the district. Gov't Code 2175.905(c)
Use of Public Funds
A district may spend public funds to:
- Purchase, refurbish, or repair any data processing equipment transferred to a student; and
- Store, transport, or transfer data processing equipment under these provisions.
Education Code 32.105
A student is eligible to receive data processing equipment under these provisions only if the student does not otherwise have home access to data processing equipment, as determined by the district. A district shall give preference to educationally disadvantaged students. Education Code 32.103
Return of Equipment
Except as provided below, a student who receives data processing equipment from a district under these provisions shall return the equipment to the district not later than the earliest of:
- Five years after the date the student receives the equipment;
- The date the student graduates;
- The date the student transfers to another district; or
- The date the student withdraws from school.
The requirements above do not apply if, at the time the student is required to return the equipment, the district determines that the equipment has no marketable value.
Education Code 32.106
"Data processing" means information technology equipment and related services designed for the automated storage, manipulation, and retrieval of data by electronic or mechanical means. Gov't Code 2054.003(3); Education Code 32.101