By Denton H.B. No. 1165 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the testing of certain deaf or blind students enrolled 1-3 at institutions of higher education. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 51.306, Education Code, is amended by 1-6 adding Subsection (l) to read as follows: 1-7 (l) An institution may not require a deaf or blind student 1-8 to take the test required by this section as a condition for 1-9 enrollment in an upper division course or require a deaf or blind 1-10 student to participate in a remediation program as a result of the 1-11 test. This subsection expires September 1, 1995. 1-12 SECTION 2. Effective September 1, 1995, Section 51.306, 1-13 Education Code, is amended by adding Subsections (n) and (o) to 1-14 read as follows: 1-15 (n) This section applies to a blind student only if the test 1-16 is administered to that student in large print or Braille or is 1-17 administered by audio cassette or by a reader, as appropriate to 1-18 that student. 1-19 (o) This section does not apply to a deaf student. 1-20 SECTION 3. Subchapter F, Chapter 51, Education Code, is 1-21 amended by adding Section 51.3061 to read as follows: 1-22 Sec. 51.3061. TESTING AND REMEDIAL COURSEWORK FOR DEAF 1-23 STUDENTS. (a) In this section: 1-24 (1) "Agency" means the Central Education Agency. 2-1 (2) "Coordinating board" means the Texas Higher 2-2 Education Coordinating Board. 2-3 (3) "Deaf student" means a student who is a deaf 2-4 person, as defined by Section 54.205(a) of this code. 2-5 (4) "Institution of higher education" has the meaning 2-6 assigned by Section 61.003 of this code. 2-7 (b) A deaf student who enrolls at an institution of higher 2-8 education must take the Stanford Achievement Test, nationally 2-9 normed on the hearing-impaired population by Gallaudet University, 2-10 if the student: 2-11 (1) is a full-time or part-time freshman enrolled in a 2-12 certificate or degree program that contains nine or more semester 2-13 credit hours of general education courses or the equivalent of 2-14 those courses; or 2-15 (2) is a transfer student from an institution that is 2-16 not an institution of higher education, has less than 60 semester 2-17 credit hours, and has not previously taken the test required by 2-18 this section. 2-19 (c) The agency shall administer the test. 2-20 (d) A deaf testing committee is established to advise the 2-21 coordinating board and the State Board of Education on required 2-22 performance standards on the test and required remedial coursework 2-23 for students who fail the test. 2-24 (e) The deaf testing committee consists of the following 10 2-25 members: 2-26 (1) a person appointed by the agency's testing and 2-27 evaluation division; 3-1 (2) a person appointed by the agency's office on deaf 3-2 education; 3-3 (3) an administrator of the deaf student services 3-4 program of the Texas State Technical College System; 3-5 (4) a vice-president of the Southwest Collegiate 3-6 Institute for the Deaf; 3-7 (5) a person appointed by Eastfield College's deaf 3-8 support services program; 3-9 (6) a person appointed by Houston Community College's 3-10 deaf support services program; 3-11 (7) a person appointed by Eastfield College's 3-12 Gallaudet extension program; 3-13 (8) a person with expertise in deaf student services 3-14 from an institution of higher education, appointed by the 3-15 coordinating board; and 3-16 (9) two persons appointed by the coordinating board. 3-17 SECTION 4. Notwithstanding Section 51.3061, Education Code, 3-18 as added by this Act, deaf students who enroll at institutions of 3-19 higher education are required to take the test prescribed by that 3-20 section beginning with the fall semester in 1995. 3-21 SECTION 5. Not later than May 1, 1995, the Texas Higher 3-22 Education Coordinating Board and the State Board of Education shall 3-23 establish performance standards for the test required under Section 3-24 51.3061, Education Code, as added by this Act, and shall establish 3-25 remedial coursework requirements for students who fail the test. 3-26 SECTION 6. Except as provided by Section 2 of this Act, this 3-27 Act takes effect immediately. 4-1 SECTION 7. The importance of this legislation and the 4-2 crowded condition of the calendars in both houses create an 4-3 emergency and an imperative public necessity that the 4-4 constitutional rule requiring bills to be read on three several 4-5 days in each house be suspended, and this rule is hereby suspended, 4-6 and that this Act take effect and be in force according to its 4-7 terms, and it is so enacted.