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.