By: Barrientos S.B. No. 349
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the testing of certain deaf or blind students enrolled
1-2 at institutions of higher education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.306, Education Code, is amended by
1-5 adding Subsection (l) to read as follows:
1-6 (l) An institution may not require a deaf or blind student
1-7 to take the test required by this section as a condition for
1-8 enrollment in an upper division course or require a deaf or blind
1-9 student to participate in a remediation program as a result of the
1-10 test. This subsection expires September 1, 1995.
1-11 SECTION 2. Effective September 1, 1995, Section 51.306,
1-12 Education Code, is amended by adding Subsections (n) and (o) to
1-13 read as follows:
1-14 (n) This section applies to a blind student only if the test
1-15 is administered to that student in large print or braille or is
1-16 administered by audio cassette or by a reader, as appropriate to
1-17 that student.
1-18 (o) This section does not apply to a deaf student.
1-19 SECTION 3. Subchapter F, Chapter 51, Education Code, is
1-20 amended by adding Section 51.3061 to read as follows:
1-21 Sec. 51.3061. TESTING AND REMEDIAL COURSEWORK FOR DEAF
1-22 STUDENTS. (a) In this section:
1-23 (1) "Agency" means the Central Education Agency.
1-24 (2) "Coordinating board" means the Texas Higher
2-1 Education Coordinating Board.
2-2 (3) "Deaf student" means a student who is a deaf
2-3 person, as defined by Section 54.205(a) of this code.
2-4 (4) "Institution of higher education" has the meaning
2-5 assigned by Section 61.003 of this code.
2-6 (b) A deaf student who enrolls at an institution of higher
2-7 education must take the Stanford Achievement Test, nationally
2-8 normed on the hearing-impaired population by Gallaudet University,
2-9 if the student:
2-10 (1) is a full-time or part-time freshman enrolled in a
2-11 certificate or degree program that contains nine or more semester
2-12 credit hours of general education courses or the equivalent of
2-13 those courses; or
2-14 (2) is a transfer student from an institution that is
2-15 not an institution of higher education, has less than 60 semester
2-16 credit hours, and has not previously taken the test required by
2-17 this section.
2-18 (c) The agency shall administer the test.
2-19 (d) A deaf testing committee is established to advise the
2-20 coordinating board and the State Board of Education on required
2-21 performance standards on the test and required remedial coursework
2-22 for students who fail the test.
2-23 (e) The deaf testing committee consists of the following 10
2-24 members:
2-25 (1) a person appointed by the agency's testing and
2-26 evaluation division;
2-27 (2) a person appointed by the agency's office on deaf
3-1 education;
3-2 (3) an administrator of the deaf student services
3-3 program of the Texas State Technical College System;
3-4 (4) a vice-president of the Southwest Collegiate
3-5 Institute for the Deaf;
3-6 (5) a person appointed by Eastfield College's deaf
3-7 support services program;
3-8 (6) a person appointed by Houston Community College's
3-9 deaf support services program;
3-10 (7) a person appointed by Eastfield College's
3-11 Gallaudet extension program;
3-12 (8) a person with expertise in deaf student services
3-13 from an institution of higher education, appointed by the
3-14 coordinating board; and
3-15 (9) two persons appointed by the coordinating board.
3-16 SECTION 4. Notwithstanding Section 51.3061, Education Code,
3-17 as added by this Act, deaf students who enroll at institutions of
3-18 higher education are required to take the test prescribed by that
3-19 section beginning with the fall semester in 1995.
3-20 SECTION 5. Not later than May 1, 1995, the Texas Higher
3-21 Education Coordinating Board and the State Board of Education shall
3-22 establish performance standards for the test required under Section
3-23 51.3061, Education Code, as added by this Act, and shall establish
3-24 remedial coursework requirements for students who fail the test.
3-25 SECTION 6. Except as provided by Section 2 of this Act, this
3-26 Act takes effect immediately.
3-27 SECTION 7. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force according to its
4-6 terms, and it is so enacted.