BILL ANALYSIS


                                                    C.S.H.B. 2309
                                             By: Rangel (Ratliff)
                                                        Education
                                                          5-18-95
                            Senate Committee Report (Substituted)
BACKGROUND

In 1987, the Texas Legislature approved legislation directing 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 coordinating board, in consultation with
various faculty and educational leaders throughout the state,
adopted the Texas Academic Skills Program (TASP).  The TASP is a
test which is used to determine whether a student needs to take
remediation courses in addition to regular courses.

PURPOSE

As proposed, C.S.H.B. 2309 modifies the assessment of students
enrolled in a degree program and also provides enrichment courses
to those students which a university determines need enrichment of
basic skills.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.306, Education Code, as follows:

     Sec.  51.306.  New heading:  ASSESSMENT AND ENRICHMENT
     COURSEWORK.  (a)  Adds definitions for "private or independent
     institution of higher education" and "enrichment course."
     
     (b)  Makes conforming changes.
       
       (c)  Requires the board to include and involve faculty and
       developmental educators from various institutions in
       developing and updating the assessment procedure.  Makes
       conforming changes.
       
       (d)  Makes conforming changes.
       
       (e)  Requires each institution of higher education to apply
       standards for the minimum level of performance set by the
       board for the skills listed in Subsection (b) and consider
       a student's performance under the assessment procedure and
       determine whether the student must take enrichment courses
       under this section.  Deletes a requirement that the board
       prescribe minimum performance standards.
       
       (f)  Makes conforming changes.
       
       (g)  Authorizes a student identified as needing enrichment
       education to enroll in upper-division courses before passing
       the part of the assessment procedure pertaining to the area
       of identified deficiency until the earlier of the date the
       student completes the sophomore year or the date the student
       completes 60 semester credit hours.  Prohibits a student
       from enrolling in an upper-division course unless the
       student has passed the part of the assessment procedure
       pertaining to the area of identified deficiency after
       completion of the sophomore year or 60 semester credit
       hours.  Deletes a provision authorizing a student to enroll
       in upper division courses.
       
       (h)  Requires the Texas Higher Education Coordinating Board
       to develop formulas to augment institutional funding for
       freshman-level courses for which the student failure rate is
       significantly higher than average.  Makes conforming
       changes.
       
       (i)  Makes no changes.
       
       (j)  Makes conforming and nonsubstantive changes.
       
       (k)  Prohibits the report, concerning the results of the
       students being assessed, from identifying students by name
       and requires it to contain certain information.  Makes
       conforming changes.
       
       (l)  Requires a student enrolling for the first time in an
       institution of higher education after the five-year, rather
       than three-year, period has elapsed to conform to all
       provisions of this section.  Makes conforming changes. 
       Deletes provision exempting blind and deaf students from the
       test and a remediation program as condition for enrollment
       in an upper division course.
       
       (m)  Makes conforming and nonsubstantive changes.
       
       (n)  Prohibits a student who meets the required level of
       performance in a skill listed in Subsection (b) from being
       required to be reassessed in that skill under the statewide
       assessment program.
       
       (o)  Reletters existing subsection.
       
       (p)  Provides that this section does not apply to a blind
       student.
       
       (q)-(s)  Redesignate existing Subsections (o)-(p).  Makes
       conforming changes.
       
       (t)  Provides that this section does not apply to a certain
       temporary students at an institution.
       
       (u)  Requires a student to present certain information to
       the institution at which the student seeks the exemption as
       evidence of enrollment in the other institution.
       
       (v)  Provides that an exemption under Subsection (t)
       terminates if the student enrolls on a permanent basis in an
       institution or enrolls in a certificate or degree program at
       an institution.
       
       (w)  Provides that this section does not apply to a certain
       student.
       
       (x)  Requires a student who the assessment procedure
       indicates is deficient in mathematics and who completes the
       mathematics enrichment coursework prescribed by the
       institution to retake the mathematics portion of the
       assessment procedure.  Authorizes the student to enroll in
       additional mathematics enrichment coursework or in the
       entry-level mathematics course required for the student's
       certificate or degree program if the assessment procedure
       indicates that the student is still deficient in
       mathematics.  Requires the institution to award the student
       credit for the course toward completion of the student's
       certificate or degree program and prohibits the institution
       from requiring the student to retake the mathematics portion
       of the assessment procedure or prohibit the student from
       enrolling in an upper-division course because of failure to
       pass the mathematics portion of the assessment procedure if
       the student enrolls in and passes the entry-level
       mathematics course.  
       
       (y)  Prohibits a certain student from being required to
       participate in a mathematics enrichment program; required to
       retake the mathematics portion of the assessment procedure;
       or prohibited from advancing in the degree program.
       
     SECTION 2.     (a)  Effective date:  September 1, 1995.

     (b)  Provides that the change in law made by this Act applies
     to all students at institutions of higher education regardless
     of when admitted.
     
SECTION 3. Emergency clause.