H.B. No. 1165
    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.