By Rangel H.B. No. 2309
74R7519 JSA-F
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 (b) All students in the following categories who enter
1-18 public institutions of higher education in the fall of 1989 and
1-19 thereafter must be assessed <tested> for reading, writing, and
1-20 mathematics skills:
1-21 (1) all full-time and part-time freshmen enrolled in a
1-22 <certificate or> degree program;
1-23 (2) any other student, prior to the accumulation of
1-24 nine or more semester credit hours or the equivalent; and
2-1 (3) any transfer student with fewer than 60 semester
2-2 credit hours or the equivalent who has not previously been assessed
2-3 under this section <taken the tests>.
2-4 (c) For purposes of Subsection (b) <that purpose>, the
2-5 institution shall use an assessment procedure <a test instrument>
2-6 prescribed by the board. The same procedure <instrument> shall be
2-7 used at all public institutions of higher education.
2-8 <(c)> The assessment procedure developed <test instrument
2-9 adopted> by the board must be of a diagnostic nature and be
2-10 designed to provide a comparison of the skill level of the
2-11 individual student with the skill level necessary for a student to
2-12 perform effectively in an undergraduate degree program. In
2-13 developing the assessment procedure <test>, the board shall
2-14 consider the recommendations of faculty from various institutions
2-15 of higher education.
2-16 (d) An institution may not use results derived from the
2-17 assessment procedure: <performance on the test>
2-18 (1) as a condition of admission into the institution;
2-19 or
2-20 (2) to prohibit or limit a student's advancement in a
2-21 degree program.
2-22 (e) Each institution shall consider a student's performance
2-23 under the assessment procedure and determine whether the student
2-24 must take enrichment courses under this section <The board shall
2-25 prescribe minimum performance standards for the test instrument>.
2-26 <A student whose performance is below the standard for tested skill
2-27 must participate in a remediation program. An institution may
3-1 require higher performance standards.>
3-2 (f) If the <test> results of the assessment procedure
3-3 indicate that enrichment <remedial> education is necessary in any
3-4 area assessed <tested>, the institution shall refer the student to
3-5 enrichment <remedial> courses or other enrichment <remedial>
3-6 programs made available by the institution. Each institution shall
3-7 make available those courses and programs on the same campus at
3-8 which the student would otherwise attend classes. The courses or
3-9 programs may not be considered as credit toward completion of
3-10 degree requirements.
3-11 (g) <A student may not enroll in any upper division course
3-12 completion of which would give the student 60 or more semester
3-13 credit hours or the equivalent until the student's test results
3-14 meet or exceed the minimum standards in all test scores. The board
3-15 shall establish other assessment procedures to be used by
3-16 institutions in exceptional cases to allow a student to enroll in
3-17 upper division courses in cases where student test results do not
3-18 meet minimum standards.>
3-19 <(h)> The state shall continue to fund approved nondegree
3-20 credit enrichment <remedial> courses. Additionally, the board
3-21 shall develop formulas to augment institutional funding for
3-22 freshman-level courses for which the student failure rate is
3-23 significantly higher than average <of other remedial academic
3-24 programs>. The additional funding required under such formulas
3-25 shall be met by state appropriation <for fiscal years 1990-1991 and
3-26 thereafter>.
3-27 (h) <(i)> Each institution shall establish an advising
4-1 program to advise students at every level of courses and degree
4-2 options that are appropriate for the individual student.
4-3 (i) <(j)> The <unit> costs of administering the assessment
4-4 procedure <each test> shall be borne by the student. Costs of
4-5 administering the assessment procedure <tests> to students shown to
4-6 be financially needy under criteria established by the board shall
4-7 be borne by the state through appropriation to the board for that
4-8 purpose or other sources of funds. The amount collected from
4-9 students under this subsection shall be appropriated <Additionally,
4-10 appropriation shall be made> to the board to cover overall
4-11 administrative costs of the assessment <testing> program.
4-12 (j) <(k)> Each institution shall report annually to the
4-13 board, on or before a day set by rule of the board, concerning the
4-14 results of the students being assessed <tested> and the
4-15 effectiveness of the institution's enrichment <remedial> program
4-16 and advising program. <The report shall identify by name the high
4-17 school from which each tested student graduated and a statement as
4-18 to whether or not the student's performance was above or below the
4-19 standard.> For the purposes of the <this> report, students may
4-20 <shall> not be identified by name.
4-21 <(l) An institution may not require a deaf or blind student
4-22 to take the test required by this section as a condition for
4-23 enrollment in an upper division course or require a deaf or blind
4-24 student to participate in a remediation program as a result of the
4-25 test. This subsection expires September 1, 1995.>
4-26 (k) <(m)(1)> A high school student who performs at or above
4-27 a level on the Texas Assessment of Academic Skills test to be set
5-1 by the board is exempt from this section. This exemption will be
5-2 in effect for three years from the date the Texas Assessment of
5-3 Academic Skills test is taken and the set score level is achieved.
5-4 A student <Students> enrolling for the first time in an institution
5-5 of higher education <Texas public colleges and universities> after
5-6 the three-year period has elapsed must conform to all provisions of
5-7 this section.
5-8 (l) <(2)> Entering or transferring students who have
5-9 achieved a score to be set by the board on the Scholastic
5-10 Assessment Test or the American College Test are exempt from the
5-11 requirements of this section. The <This> exemption is effective
5-12 <will be in effect> for five years from the date <either> the
5-13 Scholastic Assessment Test or the American College Test is taken
5-14 and the set standard is achieved. A student <Students> enrolling
5-15 for the first time in an institution of higher education <Texas
5-16 public colleges and universities> after the five-year period has
5-17 elapsed must conform to all provisions of this section.
5-18 (m) <(n)> The board shall adopt rules necessary for the
5-19 administration of this subchapter.
5-20 (n) This section applies to a blind student only if the
5-21 assessment procedure <test> is administered to that student in
5-22 large print or Braille or is administered by audio cassette or by a
5-23 reader, as appropriate to that student.
5-24 (o) This section does not apply to a student located outside
5-25 this state who enrolls in a course offered outside this state by an
5-26 institution of higher education.
5-27 (p) <(o)> This section does not apply to a deaf student.
6-1 (q) <(p)> An institution of higher education shall provide
6-2 to each student to whom this section applies <under Subsection (b)
6-3 of this section> who is accepted by the institution for admission
6-4 information in the institution's catalog relating to the assessment
6-5 procedure and enrichment courses established under <testing and
6-6 remedial requirements of> this section <and of the rules adopted by
6-7 the Texas Higher Education Coordinating Board>.
6-8 SECTION 2. (a) This Act takes effect September 1, 1995.
6-9 (b) The change in law made by this Act applies to all
6-10 students at institutions of higher education regardless of when
6-11 admitted.
6-12 SECTION 3. The importance of this legislation and the
6-13 crowded condition of the calendars in both houses create an
6-14 emergency and an imperative public necessity that the
6-15 constitutional rule requiring bills to be read on three several
6-16 days in each house be suspended, and this rule is hereby suspended.