74R10155 E
By Rangel, et al. H.B. No. 2309
Substitute the following for H.B. No. 2309:
By Gallego C.S.H.B. No. 2309
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the basic skills assessment of students at institutions
1-3 of higher education and to programs for students in need of
1-4 enrichment in those basic skills.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.306, Education Code, as amended by
1-7 Chapters 273 and 431, Acts of the 73rd Legislature, Regular
1-8 Session, 1993, is amended to read as follows:
1-9 Sec. 51.306. ASSESSMENT <TESTING> AND ENRICHMENT <REMEDIAL>
1-10 COURSEWORK. (a) In this section:
1-11 (1) "Board" and "institution of higher education" have
1-12 the meanings assigned by Section 61.003 of this code.
1-13 (2) "Deaf student" means a student who is a deaf
1-14 person as defined by Section 54.205(a) of this code.
1-15 (3) "Blind student" means a student who is a blind
1-16 person as defined by Section 54.205(a) of this code.
1-17 (4) "Enrichment course" means a course or other
1-18 offering, including an offering not in the form of a traditional
1-19 course, that will provide in-depth problem-solving and critical
1-20 thinking skills or knowledge content to enable a student to succeed
1-21 in the student's chosen instructional program.
1-22 (b) All students in the following categories who enter
1-23 public institutions of higher education in the fall of 1989 and
1-24 thereafter must be assessed <tested> for reading, writing, and
2-1 mathematics skills:
2-2 (1) all full-time and part-time freshmen enrolled in a
2-3 <certificate or> degree program;
2-4 (2) any other student, prior to the accumulation of
2-5 nine or more semester credit hours or the equivalent; and
2-6 (3) any transfer student with fewer than 60 semester
2-7 credit hours or the equivalent who has not previously been assessed
2-8 under this section <taken the tests>.
2-9 (c) For purposes of Subsection (b) <that purpose>, the
2-10 institution shall use an assessment procedure <a test instrument>
2-11 prescribed by the board. The same procedure <instrument> shall be
2-12 used at all public institutions of higher education.
2-13 <(c)> The assessment procedure developed <test instrument
2-14 adopted> by the board must be of a diagnostic nature and be
2-15 designed to provide a comparison of the skill level of the
2-16 individual student with the skill level necessary for a student to
2-17 perform effectively in an undergraduate degree program. In
2-18 developing the assessment procedure <test>, the board shall
2-19 consider the recommendations of faculty from various institutions
2-20 of higher education.
2-21 (d) An institution may not use results derived from the
2-22 assessment procedure:
2-23 (1) <performance on the test> as a condition of
2-24 admission into the institution; or
2-25 (2) to prohibit or limit a student's advancement in a
2-26 degree program.
2-27 (e) Each institution shall consider a student's performance
3-1 under the assessment procedure and determine whether the student
3-2 must take enrichment courses under this section <The board shall
3-3 prescribe minimum performance standards for the test instrument>.
3-4 <A student whose performance is below the standard for tested skill
3-5 must participate in a remediation program. An institution may
3-6 require higher performance standards.>
3-7 (f) If the <test> results of the assessment procedure
3-8 indicate that enrichment <remedial> education is necessary in any
3-9 area assessed <tested>, the institution shall refer the student to
3-10 enrichment <remedial> courses or other enrichment <remedial>
3-11 programs made available by the institution. Each institution shall
3-12 make available those courses and programs on the same campus at
3-13 which the student would otherwise attend classes. The courses or
3-14 programs may not be considered as credit toward completion of
3-15 degree requirements.
3-16 (g) <A student may not enroll in any upper division course
3-17 completion of which would give the student 60 or more semester
3-18 credit hours or the equivalent until the student's test results
3-19 meet or exceed the minimum standards in all test scores. The board
3-20 shall establish other assessment procedures to be used by
3-21 institutions in exceptional cases to allow a student to enroll in
3-22 upper division courses in cases where student test results do not
3-23 meet minimum standards.>
3-24 <(h)> The state shall continue to fund approved nondegree
3-25 credit enrichment <remedial> courses. Additionally, the board
3-26 shall develop formulas to augment institutional funding for
3-27 freshman-level courses for which the student failure rate is
4-1 significantly higher than average <of other remedial academic
4-2 programs>. The additional funding required under such formulas
4-3 shall be met by state appropriation <for fiscal years 1990-1991 and
4-4 thereafter>.
4-5 (h) <(i)> Each institution shall establish an advising
4-6 program to advise students at every level of courses and degree
4-7 options that are appropriate for the individual student.
4-8 (i) <(j)> The <unit> costs of administering the assessment
4-9 procedure <each test> shall be borne by the student. Costs of
4-10 administering the assessment procedure <tests> to students shown to
4-11 be financially needy under criteria established by the board shall
4-12 be borne by the state through appropriation to the board for that
4-13 purpose or other sources of funds. Additionally, appropriation
4-14 shall be made to the board to cover overall administrative costs of
4-15 the assessment <testing> program.
4-16 (j) <(k)> Each institution shall report annually to the
4-17 board, on or before a day set by rule of the board, concerning the
4-18 results of the students being assessed <tested> and the
4-19 effectiveness of the institution's enrichment <remedial> program
4-20 and advising program. <The report shall identify by name the high
4-21 school from which each tested student graduated and a statement as
4-22 to whether or not the student's performance was above or below the
4-23 standard.> For the purposes of the <this> report, students shall
4-24 not be identified by name.
4-25 <(l) An institution may not require a deaf or blind student
4-26 to take the test required by this section as a condition for
4-27 enrollment in an upper division course or require a deaf or blind
5-1 student to participate in a remediation program as a result of the
5-2 test. This subsection expires September 1, 1995.>
5-3 (k) <(m)(1)> A high school student who performs at or above
5-4 a level on the Texas Assessment of Academic Skills test to be set
5-5 by the board is exempt from this section. This exemption will be
5-6 in effect for five <three> years from the date the Texas Assessment
5-7 of Academic Skills test is taken and the set score level is
5-8 achieved. A student <Students> enrolling for the first time in an
5-9 institution of higher education <Texas public colleges and
5-10 universities> after the five-year <three-year> period has elapsed
5-11 must conform to all provisions of this section.
5-12 (l) <(2)> Entering or transferring students who have
5-13 achieved a score to be set by the board on the Scholastic
5-14 Assessment Test or the American College Test are exempt from the
5-15 requirements of this section. The <This> exemption is effective
5-16 <will be in effect> for five years from the date <either> the
5-17 Scholastic Assessment Test or the American College Test is taken
5-18 and the set standard is achieved. A student <Students> enrolling
5-19 for the first time in an institution of higher education <Texas
5-20 public colleges and universities> after the five-year period has
5-21 elapsed must conform to all provisions of this section.
5-22 (m) <(n)> The board shall adopt rules necessary for the
5-23 administration of this subchapter.
5-24 (n) This section does not apply <applies> to a blind student
5-25 <only if the test is administered to that student in large print or
5-26 Braille or is administered by audio cassette or by a reader, as
5-27 appropriate to that student>.
6-1 (o) This section does not apply to a student located outside
6-2 this state who enrolls in a course offered outside this state by an
6-3 institution of higher education.
6-4 (p) <(o)> This section does not apply to a deaf student.
6-5 (q) <(p)> An institution of higher education shall provide
6-6 to each student to whom this section applies <under Subsection (b)
6-7 of this section> who is accepted by the institution for admission
6-8 information in the institution's catalog relating to the assessment
6-9 procedure and enrichment courses established under <testing and
6-10 remedial requirements of> this section <and of the rules adopted by
6-11 the Texas Higher Education Coordinating Board>.
6-12 SECTION 2. (a) This Act takes effect September 1, 1995.
6-13 (b) The change in law made by this Act applies to all
6-14 students at institutions of higher education regardless of when
6-15 admitted.
6-16 SECTION 3. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended.