BILL ANALYSIS C.S.H.B. 2309 By: Rangel 04-06-95 Committee Report (Substituted) BACKGROUND In 1987, the Texas Legislature approved legislation which directed the Texas Higher Education Coordinating Board to implement a diagnostic test instrument to measure whether high school students who entered an institution of public higher education were capable of doing college-level work. The Texas Higher Education Coordinating Board, in consultation with various faculty and educational leaders throughout the state, adopted the Texas Academic Skills Program (TASP). The TASP is a three part test (reading, writing, and math) which is used to determine whether a student needs to take remediation courses in addition to regular courses. PURPOSE H.B. 2309, as substituted would modify the assessment of students enrolled in a degree program and also provide enrichment courses to those students which a university determines need enrichment. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 51 F, Section 51.306, Education Code, as amended by Chapters 273 and 431, Acts of the 73rd Legislature, Regular Session, 1993, to read as follows: Sec. 51.306. ASSESSMENT AND ENRICHMENT COURSEWORK. (a) Defines "board", "deaf student", "blind student" and "enrichment courses." (b) Requires that the following categories of students entering public institutions of higher education in the fall of 1989 and thereafter shall be assessed for reading, writing, and mathematics skills: 1) all full-time and part-time freshmen enrolled in a degree program, 2) any other student prior to the accumulation of nine or more semester hours or the equivalent, and 3) any transfer with fewer than 60 semester credit hours who has not been previously assessed. (c) Authorizes each institution of higher education to use an assessment procedure developed and prescribed by the board. (d) Prohibits an institution from using results derived from the test as 1) a condition for admission and 2) limiting a student's advancement in a degree program. (e) Directs each institution of higher education to consider a student's performance under the assessment procedure and determine whether a student needs to take enrichment courses. (f) Authorizes an institution of higher education to refer a student to enrichment courses, if the results of the assessment procedure indicate that enrichment is necessary in the assessed area. (g) Allows the state to continue to fund approved non-degree credit enrichment courses; authorizes the board to develop formulas that augment institutional funding for freshmen-level courses for which the failure rate is significantly higher than average. (i) Students will bear the cost of the assessment procedure. Additionally, appropriation shall be made to the board to cover overall administrative costs of the assessment program. (j) Requires that all institutions report to the board on the students being assessed and the effectiveness of the assessment procedure; students shall not be identified by name in the report. (k) Provides exemptions to high school students who perform at a level or above set by the board on the TAAS. An exemption is valid for five years from the date the TAAS is taken and the set score-level is achieved. (l) Provides an exemption to an entering or transferring student who has performed at or above a level set by the board on the American College Test (ACT) and the Scholastic Aptitude Test (SAT); exemption is valid for five years after the test is taken and the score-level achieved; requires a student enrolling in an institution after the five-year exemption period to take the assessment procedure. (m) Authorizes the board to adopt rules to administer this subchapter. (n) This section does not apply to a blind student. (o) This section does not apply to a student located outside this state who takes a course outside this state. (p) This section does not apply to a deaf student. (q) Requires an institution of higher education to provide students to whom this section applies information in the institution's catalog relating to the assessment procedure and enrichment courses established under this section. SECTION 2. (a) Effective date: September 1, 1995. (b) Applies to all students in institutions of higher education regardless of when admitted. SECTION 3. Emergency clause. COMPARISON OF SUBSTITUTE TO ORIGINAL SECTION 1 amends Section 51.306 Subsection (a), Education Code, by adding Subsection (4) as follows: Defines "enrichment course" as a course or other offering, including an offering not in the form of a traditional course, that will provide in-depth problem solving and critical thinking skills or knowledge content to enable a student to succeed in the student's chosen instructional program. SECTION 1 amends Section 51.306, Education Code, by adding Subsection (i) as follows: Requires appropriation to be made to the board to cover overall administrative costs of the assessment procedure. SECTION 1 amends Section 51.306, Education Code, by amending Subsection (j) as follows: For the purposes of the report, students shall not be identified by name. SECTION 1 amends Section 51.306, Education Code, by amending Subsection (k) as follows: This exemption will be in effect for five years from the date of the TAAS is taken and the test score-level is achieved. A student enrolling for the first time in an institution of higher education after the five-year period has elapsed must conform to all provisions of this section. SECTION 1 amends Section 51.306, Education Code, by amending Subsection (n) as follows: The provision is changed to exempt blind students from taking the assessment procedure. SUMMARY OF COMMITTEE ACTION H.B. 2309 was considered by the committee in a public hearing on March 28, 1995. The committee considered a complete substitute for the bill. The following persons testified in favor of the bill: Mr. Bill Segura; and Dr. Ana M. "Cha" Guzman. The following person testified neutrally on the bill: Dr. Ronnie Glasscock. The bill was left pending. H.B. 2309 was considered by the committee in a public hearing on April 4, 1995. Two amendments were offered to the substitute. All of those amendments were adopted without objection by a non-record vote. The substitute as amended was adopted without objection by a non-record vote. The chair directed the staff to incorporate the amendments into the substitute. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.