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 -------------------------------------------------------------------