By:  Barrientos                                        S.B. No. 349
       73R4477 SOS-D
                                 A BILL TO BE ENTITLED
    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, 1993.
   1-12        SECTION 2.  Effective September 1, 1993, 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, as appropriate to 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)  "Deaf student" means a student who is a deaf
   1-24  person, as defined by Section 54.205(a) of this code.
    2-1              (2)  "Institution of higher education" has the meaning
    2-2  assigned by Section 61.003 of this code.
    2-3        (b)  A deaf student who enrolls at an institution of higher
    2-4  education must take the Stanford Achievement Test, nationally
    2-5  normed on the hearing-impaired population by Gallaudet University,
    2-6  if the student:
    2-7              (1)  is a full-time or part-time freshman enrolled in a
    2-8  certificate or degree program that contains the equivalent of nine
    2-9  or more semester credit hours of general education courses; or
   2-10              (2)  is a transfer student from an institution that is
   2-11  not an institution of higher education, has less than 60 semester
   2-12  credit hours, and has not previously taken the test required by
   2-13  this section.
   2-14        (c)  The Central Education Agency shall administer the test.
   2-15        (d)  A deaf testing committee is established to determine
   2-16  required performance standards on the test and to determine
   2-17  required remedial coursework for students who fail the test.
   2-18        (e)  The deaf testing committee consists of the following
   2-19  seven members:
   2-20              (1)  a person appointed by the Central Education
   2-21  Agency's testing and evaluation division;
   2-22              (2)  a person appointed by the Central Education
   2-23  Agency's office on deaf education;
   2-24              (3)  an administrator of the deaf student services
   2-25  program of the Texas State Technical College System;
   2-26              (4)  a vice-president of the Southwest Collegiate
   2-27  Institute for the Deaf;
    3-1              (5)  a person appointed by Eastfield College's deaf
    3-2  support services program;
    3-3              (6)  a person appointed by Houston Community College's
    3-4  deaf support services program; and
    3-5              (7)  a person appointed by Eastfield College's
    3-6  Gallaudet extension program.
    3-7        SECTION 4.  Notwithstanding Section 51.3061, Education Code,
    3-8  as added by this Act, deaf students who enroll at institutions of
    3-9  higher education are required to take the test prescribed by that
   3-10  section beginning with the fall semester in 1995.
   3-11        SECTION 5.  Not later than May 1, 1995, the deaf testing
   3-12  committee established under Section 51.3061, Education Code, as
   3-13  added by this Act, shall establish performance standards for the
   3-14  test required under that section and shall establish remedial
   3-15  coursework requirements for students who fail the test.
   3-16        SECTION 6.  Except as provided by Section 2 of this Act, this
   3-17  Act takes effect immediately.
   3-18        SECTION 7.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended,
   3-23  and that this Act take effect and be in force according to its
   3-24  terms, and it is so enacted.