1-1 By: Barrientos S.B. No. 349
1-2 (In the Senate - Filed February 15, 1993; February 15, 1993,
1-3 read first time and referred to Committee on Education;
1-4 March 31, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 31, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Ratliff x
1-10 Haley x
1-11 Barrientos x
1-12 Bivins x
1-13 Harris of Tarrant x
1-14 Luna x
1-15 Montford x
1-16 Shapiro x
1-17 Sibley x
1-18 Turner x
1-19 Zaffirini x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 349 By: Barrientos
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the testing of certain deaf or blind students enrolled
1-24 at institutions of higher education.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 51.306, Education Code, is amended by
1-27 adding Subsection (l) to read as follows:
1-28 (l) An institution may not require a deaf or blind student
1-29 to take the test required by this section as a condition for
1-30 enrollment in an upper division course or require a deaf or blind
1-31 student to participate in a remediation program as a result of the
1-32 test. This subsection expires September 1, 1995.
1-33 SECTION 2. Effective September 1, 1995, Section 51.306,
1-34 Education Code, is amended by adding Subsections (n) and (o) to
1-35 read as follows:
1-36 (n) This section applies to a blind student only if the test
1-37 is administered to that student in large print or braille or is
1-38 administered by audio cassette or by a reader, as appropriate to
1-39 that student.
1-40 (o) This section does not apply to a deaf student.
1-41 SECTION 3. Subchapter F, Chapter 51, Education Code, is
1-42 amended by adding Section 51.3061 to read as follows:
1-43 Sec. 51.3061. TESTING AND REMEDIAL COURSEWORK FOR DEAF
1-44 STUDENTS. (a) In this section:
1-45 (1) "Agency" means the Central Education Agency.
1-46 (2) "Coordinating board" means the Texas Higher
1-47 Education Coordinating Board.
1-48 (3) "Deaf student" means a student who is a deaf
1-49 person, as defined by Section 54.205(a) of this code.
1-50 (4) "Institution of higher education" has the meaning
1-51 assigned by Section 61.003 of this code.
1-52 (b) A deaf student who enrolls at an institution of higher
1-53 education must take the Stanford Achievement Test, nationally
1-54 normed on the hearing-impaired population by Gallaudet University,
1-55 if the student:
1-56 (1) is a full-time or part-time freshman enrolled in a
1-57 certificate or degree program that contains nine or more semester
1-58 credit hours of general education courses or the equivalent of
1-59 those courses; or
1-60 (2) is a transfer student from an institution that is
1-61 not an institution of higher education, has less than 60 semester
1-62 credit hours, and has not previously taken the test required by
1-63 this section.
1-64 (c) The agency shall administer the test.
1-65 (d) A deaf testing committee is established to advise the
1-66 coordinating board and the State Board of Education on required
1-67 performance standards on the test and required remedial coursework
1-68 for students who fail the test.
2-1 (e) The deaf testing committee consists of the following 10
2-2 members:
2-3 (1) a person appointed by the agency's testing and
2-4 evaluation division;
2-5 (2) a person appointed by the agency's office on deaf
2-6 education;
2-7 (3) an administrator of the deaf student services
2-8 program of the Texas State Technical College System;
2-9 (4) a vice-president of the Southwest Collegiate
2-10 Institute for the Deaf;
2-11 (5) a person appointed by Eastfield College's deaf
2-12 support services program;
2-13 (6) a person appointed by Houston Community College's
2-14 deaf support services program;
2-15 (7) a person appointed by Eastfield College's
2-16 Gallaudet extension program;
2-17 (8) a person with expertise in deaf student services
2-18 from an institution of higher education, appointed by the
2-19 coordinating board; and
2-20 (9) two persons appointed by the coordinating board.
2-21 SECTION 4. Notwithstanding Section 51.3061, Education Code,
2-22 as added by this Act, deaf students who enroll at institutions of
2-23 higher education are required to take the test prescribed by that
2-24 section beginning with the fall semester in 1995.
2-25 SECTION 5. Not later than May 1, 1995, the Texas Higher
2-26 Education Coordinating Board and the State Board of Education shall
2-27 establish performance standards for the test required under Section
2-28 51.3061, Education Code, as added by this Act, and shall establish
2-29 remedial coursework requirements for students who fail the test.
2-30 SECTION 6. Except as provided by Section 2 of this Act, this
2-31 Act takes effect immediately.
2-32 SECTION 7. The importance of this legislation and the
2-33 crowded condition of the calendars in both houses create an
2-34 emergency and an imperative public necessity that the
2-35 constitutional rule requiring bills to be read on three several
2-36 days in each house be suspended, and this rule is hereby suspended,
2-37 and that this Act take effect and be in force according to its
2-38 terms, and it is so enacted.
2-39 * * * * *
2-40 Austin,
2-41 Texas
2-42 March 31, 1993
2-43 Hon. Bob Bullock
2-44 President of the Senate
2-45 Sir:
2-46 We, your Committee on Education to which was referred S.B. No. 349,
2-47 have had the same under consideration, and I am instructed to
2-48 report it back to the Senate with the recommendation that it do not
2-49 pass, but that the Committee Substitute adopted in lieu thereof do
2-50 pass and be printed.
2-51 Ratliff,
2-52 Chairman
2-53 * * * * *
2-54 WITNESSES
2-55 FOR AGAINST ON
2-56 ___________________________________________________________________
2-57 Name: Mary-Ann Morriss x
2-58 Representing: Sympo
2-59 City: Austin
2-60 -------------------------------------------------------------------
2-61 FOR AGAINST ON
2-62 ___________________________________________________________________
2-63 Name: Fran Herrington-Borre x
2-64 Representing: Symposium Deaf & Hard Hearing
2-65 City: Austin
2-66 -------------------------------------------------------------------
2-67 Name: Billy Collins x x
2-68 Representing: TCDHI
2-69 City: Austin
2-70 -------------------------------------------------------------------
3-1 Name: Andrew Scincher x
3-2 Representing: Tx St. Technical College
3-3 City: Waco
3-4 -------------------------------------------------------------------
3-5 Name: Marvin B. Sallop x
3-6 Representing: Texas School for the Deaf
3-7 City: Austin
3-8 -------------------------------------------------------------------
3-9 Name: Penny Black x x
3-10 Representing: TCDHI
3-11 City: Austin
3-12 -------------------------------------------------------------------
3-13 Name: Ralph H. White x
3-14 Representing: TCDHI
3-15 City: Austin
3-16 -------------------------------------------------------------------
3-17 Name: Walter Hinojosa x
3-18 Representing: Tx Federation of Teachers
3-19 City: Austin
3-20 -------------------------------------------------------------------
3-21 Name: Gary Curtis x
3-22 Representing: Tx Education Agency
3-23 City: Austin
3-24 -------------------------------------------------------------------
3-25 Name: Joan M. Matthews x
3-26 Representing: Tx Hi. Ed. Coord. Board
3-27 City: Austin
3-28 -------------------------------------------------------------------