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
   2-57  -------------------------------------------------------------------
   2-58  Name:  Julius P. Seeger                          x
   2-59  Representing:  Travis Co. Assoc. Deaf Seniors
   2-60  City:  Austin
   2-61  -------------------------------------------------------------------