1-1 By: Denton (Senate Sponsor - Barrientos) H.B. No. 1165
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on
1-4 Education; May 20, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the testing of certain deaf or blind students enrolled
1-22 at institutions of higher education.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 51.306, Education Code, is amended by
1-25 adding Subsection (l) to read as follows:
1-26 (l) An institution may not require a deaf or blind student
1-27 to take the test required by this section as a condition for
1-28 enrollment in an upper division course or require a deaf or blind
1-29 student to participate in a remediation program as a result of the
1-30 test. This subsection expires September 1, 1995.
1-31 SECTION 2. Effective September 1, 1995, Section 51.306,
1-32 Education Code, is amended by adding Subsections (n) and (o) to
1-33 read as follows:
1-34 (n) This section applies to a blind student only if the test
1-35 is administered to that student in large print or Braille or is
1-36 administered by audio cassette or by a reader, as appropriate to
1-37 that student.
1-38 (o) This section does not apply to a deaf student.
1-39 SECTION 3. Subchapter F, Chapter 51, Education Code, is
1-40 amended by adding Section 51.3061 to read as follows:
1-41 Sec. 51.3061. TESTING AND REMEDIAL COURSEWORK FOR DEAF
1-42 STUDENTS. (a) In this section:
1-43 (1) "Agency" means the Central Education Agency.
1-44 (2) "Coordinating board" means the Texas Higher
1-45 Education Coordinating Board.
1-46 (3) "Deaf student" means a student who is a deaf
1-47 person, as defined by Section 54.205(a) of this code.
1-48 (4) "Institution of higher education" has the meaning
1-49 assigned by Section 61.003 of this code.
1-50 (b) A deaf student who enrolls at an institution of higher
1-51 education must take the Stanford Achievement Test, nationally
1-52 normed on the hearing-impaired population by Gallaudet University,
1-53 if the student:
1-54 (1) is a full-time or part-time freshman enrolled in a
1-55 certificate or degree program that contains nine or more semester
1-56 credit hours of general education courses or the equivalent of
1-57 those courses; or
1-58 (2) is a transfer student from an institution that is
1-59 not an institution of higher education, has less than 60 semester
1-60 credit hours, and has not previously taken the test required by
1-61 this section.
1-62 (c) The agency shall administer the test.
1-63 (d) A deaf testing committee is established to advise the
1-64 coordinating board and the State Board of Education on required
1-65 performance standards on the test and required remedial coursework
1-66 for students who fail the test.
1-67 (e) The deaf testing committee consists of the following 10
1-68 members:
2-1 (1) a person appointed by the agency's testing and
2-2 evaluation division;
2-3 (2) a person appointed by the agency's office on deaf
2-4 education;
2-5 (3) an administrator of the deaf student services
2-6 program of the Texas State Technical College System;
2-7 (4) a vice-president of the Southwest Collegiate
2-8 Institute for the Deaf;
2-9 (5) a person appointed by Eastfield College's deaf
2-10 support services program;
2-11 (6) a person appointed by Houston Community College's
2-12 deaf support services program;
2-13 (7) a person appointed by Eastfield College's
2-14 Gallaudet extension program;
2-15 (8) a person with expertise in deaf student services
2-16 from an institution of higher education, appointed by the
2-17 coordinating board; and
2-18 (9) two persons appointed by the coordinating board.
2-19 SECTION 4. Notwithstanding Section 51.3061, Education Code,
2-20 as added by this Act, deaf students who enroll at institutions of
2-21 higher education are required to take the test prescribed by that
2-22 section beginning with the fall semester in 1995.
2-23 SECTION 5. Not later than May 1, 1995, the Texas Higher
2-24 Education Coordinating Board and the State Board of Education shall
2-25 establish performance standards for the test required under Section
2-26 51.3061, Education Code, as added by this Act, and shall establish
2-27 remedial coursework requirements for students who fail the test.
2-28 SECTION 6. Except as provided by Section 2 of this Act, this
2-29 Act takes effect immediately.
2-30 SECTION 7. The importance of this legislation and the
2-31 crowded condition of the calendars in both houses create an
2-32 emergency and an imperative public necessity that the
2-33 constitutional rule requiring bills to be read on three several
2-34 days in each house be suspended, and this rule is hereby suspended,
2-35 and that this Act take effect and be in force according to its
2-36 terms, and it is so enacted.
2-37 * * * * *
2-38 Austin,
2-39 Texas
2-40 May 20, 1993
2-41 Hon. Bob Bullock
2-42 President of the Senate
2-43 Sir:
2-44 We, your Committee on Education to which was referred H.B.
2-45 No. 1165, have had the same under consideration, and I am
2-46 instructed to report it back to the Senate with the recommendation
2-47 that it do pass and be printed.
2-48 Ratliff,
2-49 Chairman
2-50 * * * * *
2-51 WITNESSES
2-52 FOR AGAINST ON
2-53 ___________________________________________________________________
2-54 Name: Fran Herrington Borre x
2-55 Representing: Symposium on Deaf
2-56 City: Austin
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2-58 Name: Julius P. Seeger x
2-59 Representing: Travis Co. Assoc. Deaf Seniors
2-60 City: Austin
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