1-1  By:  Rangel, et al. (Senate Sponsor - Ratliff)        H.B. No. 2309
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on
    1-4  Education; May 17, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 6, Nays 0;
    1-6  May 17, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 2309                 By:  Ratliff
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the basic skills assessment of students at institutions
   1-11  of higher education and to programs for students in need of
   1-12  enrichment in those basic skills.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 51.306, Education Code, as amended by
   1-15  Chapters 273 and 431, Acts of the 73rd Legislature, Regular
   1-16  Session, 1993, is amended to read as follows:
   1-17        Sec. 51.306.  ASSESSMENT <TESTING> AND ENRICHMENT <REMEDIAL>
   1-18  COURSEWORK.  (a)  In this section:
   1-19              (1)  "Board," <and> "institution of higher education,"
   1-20  and "private or independent institution of higher education" have
   1-21  the meanings assigned by Section 61.003 of this code.
   1-22              (2)  "Deaf student" means a student who is a deaf
   1-23  person as defined by Section 54.205(a) of this code.
   1-24              (3)  "Blind student" means a student who is a blind
   1-25  person as defined by Section 54.205(a) of this code.
   1-26              (4)  "Enrichment course" means a course or other
   1-27  offering, including an offering not in the form of a traditional
   1-28  course, that will provide problem-solving and critical thinking
   1-29  skills or subject-matter knowledge content sufficient to enable a
   1-30  student to succeed in the student's chosen instructional program.
   1-31        (b)  All students in the following categories who enter
   1-32  public institutions of higher education in the fall of 1989 and
   1-33  thereafter must be assessed <tested> for reading, writing, and
   1-34  mathematics skills:
   1-35              (1)  all full-time and part-time freshmen enrolled in a
   1-36  certificate or degree program;
   1-37              (2)  any other student, prior to the accumulation of
   1-38  nine or more semester credit hours or the equivalent;  and
   1-39              (3)  any transfer student with fewer than 60 semester
   1-40  credit hours or the equivalent who has not previously been assessed
   1-41  under this section <taken the tests>.
   1-42        (c)  For purposes of Subsection (b) <that purpose>, the
   1-43  institution shall use an assessment procedure <a test instrument>
   1-44  prescribed by the board.  The same procedure <instrument> shall be
   1-45  used at all public institutions of higher education.
   1-46        <(c)>  The assessment procedure developed <test instrument
   1-47  adopted> by the board must be of a diagnostic nature and be
   1-48  designed to provide a comparison of the skill level of the
   1-49  individual student with the skill level necessary for a student to
   1-50  perform effectively in an undergraduate degree program.  In
   1-51  developing and updating the assessment procedure <test>, the board
   1-52  shall include and involve <consider the recommendations of> faculty
   1-53  and developmental educators from various institutions of higher
   1-54  education.
   1-55        (d)  An institution may not use results derived from the
   1-56  assessment procedure <performance on the test> as a condition of
   1-57  admission into the institution.
   1-58        (e)  In carrying out the initial assessment procedure, each
   1-59  institution shall:
   1-60              (1)  apply standards for the minimum level of
   1-61  performance set by the board for the skills listed in Subsection
   1-62  (b); and
   1-63              (2)  consider a student's performance under the
   1-64  assessment procedure and determine the enrichment courses that the
   1-65  student must take under this section <The board shall prescribe
   1-66  minimum performance standards for the test instrument>.  <A student
   1-67  whose performance is below the standard for tested skill must
   1-68  participate in a remediation program.  An institution may require
    2-1  higher performance standards.>
    2-2        (f)  If the <test> results of the assessment procedure
    2-3  indicate that enrichment <remedial> education is necessary in any
    2-4  area assessed <tested>, the institution shall refer the student to
    2-5  enrichment <remedial> courses or other enrichment <remedial>
    2-6  programs made available by the institution.  Each institution shall
    2-7  make available those courses and programs on the same campus at
    2-8  which the student would otherwise attend classes.  The courses or
    2-9  programs may not be considered as credit toward completion of
   2-10  degree requirements.
   2-11        (g)  A student identified as needing enrichment education may
   2-12  enroll in upper-division courses before passing the part of the
   2-13  assessment procedure pertaining to the area of identified
   2-14  deficiency until the earlier of the date the student completes the
   2-15  sophomore year or the date the student completes 60 semester credit
   2-16  hours.  After completion of the sophomore year or 60 semester
   2-17  credit hours, a student may not enroll in an upper-division course
   2-18  unless the student has passed the part of the assessment procedure
   2-19  pertaining to the area of identified deficiency <A student may not
   2-20  enroll in any upper division course completion of which would give
   2-21  the student 60 or more semester credit hours or the equivalent
   2-22  until the student's test results meet or exceed the minimum
   2-23  standards in all test scores.  The board shall establish other
   2-24  assessment procedures to be used by institutions in exceptional
   2-25  cases to allow a student to enroll in upper division courses in
   2-26  cases where student test results do not meet minimum standards>.
   2-27        (h)  The state shall continue to fund approved nondegree
   2-28  credit enrichment <remedial> courses.  Additionally, the board
   2-29  shall develop formulas to augment institutional funding for
   2-30  freshman-level courses for which the student failure rate is
   2-31  significantly higher than average <of other remedial academic
   2-32  programs>.  The additional funding required under such formulas
   2-33  shall be met by state appropriation <for fiscal years 1990-1991 and
   2-34  thereafter>.
   2-35        (i)  Each institution shall establish an advising program to
   2-36  advise students at every level of courses and degree options that
   2-37  are appropriate for the individual student.
   2-38        (j)  The <unit> costs of administering the assessment
   2-39  procedure <each test> shall be borne by the student.  Costs of
   2-40  administering the assessment procedure <tests> to students shown to
   2-41  be financially needy under criteria established by the board shall
   2-42  be borne by the state through appropriation to the board for that
   2-43  purpose or other sources of funds.  Additionally, appropriation
   2-44  shall be made to the board to cover overall administrative costs of
   2-45  the assessment <testing> program.
   2-46        (k)  Each institution shall report annually to the board, on
   2-47  or before a day set by rule of the board, concerning the results of
   2-48  the students being assessed <tested> and the effectiveness of the
   2-49  institution's enrichment <remedial> program and advising program.
   2-50  The report shall not identify students by name and must:
   2-51              (1)  cover each student assessed at the institution,
   2-52  whether under the assessment procedure described by this section or
   2-53  a locally administered assessment instrument;
   2-54              (2)  <shall> identify by name the high school from
   2-55  which each assessed <tested> student graduated and state <a
   2-56  statement as to> whether <or not> the student's performance was
   2-57  above or below the standard; and
   2-58              (3)  include the number of students assessed, the
   2-59  number of students placed in an enrichment program, the number of
   2-60  students who completed the enrichment program, and the number of
   2-61  students who did not complete the enrichment program<.  For the
   2-62  purposes of this report, students shall not be identified by name>.
   2-63        (l)  <An institution may not require a deaf or blind student
   2-64  to take the test required by this section as a condition for
   2-65  enrollment in an upper division course or require a deaf or blind
   2-66  student to participate in a remediation program as a result of the
   2-67  test.  This subsection expires September 1, 1995.>
   2-68        <(m)(1)>  A high school student who performs at or above a
   2-69  level on the Texas Assessment of Academic Skills test to be set by
   2-70  the board is exempt from this section.  This exemption will be in
    3-1  effect for five <three> years from the date the Texas Assessment of
    3-2  Academic Skills test is taken and the set score level is achieved.
    3-3  A student <Students> enrolling for the first time in an institution
    3-4  of higher education <Texas public colleges and universities> after
    3-5  the five-year <three-year> period has elapsed must conform to all
    3-6  provisions of this section.
    3-7        (m) <(2)>  Entering or transferring students who have
    3-8  achieved a score to be set by the board on the Scholastic
    3-9  Assessment Test or the American College Test are exempt from the
   3-10  requirements of this section.  The <This> exemption is effective
   3-11  <will be in effect> for five years from the date <either> the
   3-12  Scholastic Assessment Test or the American College Test is taken
   3-13  and the set standard is achieved. A student <Students> enrolling
   3-14  for the first time in an institution of higher education <Texas
   3-15  public colleges and universities> after the five-year period has
   3-16  elapsed must conform to all provisions of this section.
   3-17        (n)  A student who meets the required level of performance in
   3-18  a skill listed in Subsection (b) may not be required to be
   3-19  reassessed in that skill under the statewide assessment program.
   3-20        (o)  The board shall adopt rules necessary for the
   3-21  administration of this subchapter.
   3-22        (p) <(n)>  This section does not apply <applies> to a blind
   3-23  student <only if the test is administered to that student in large
   3-24  print or Braille or is administered by audio cassette or by a
   3-25  reader, as appropriate to that student>.
   3-26        (q) <(o)>  This section does not apply to a student located
   3-27  outside this state who enrolls in a course offered outside this
   3-28  state by an institution of higher education.
   3-29        (r) <(o)>  This section does not apply to a deaf student.
   3-30        (s) <(p)>  An institution of higher education shall provide
   3-31  to each student to whom this section applies <under Subsection (b)
   3-32  of this section> who is accepted by the institution for admission
   3-33  information in the institution's catalog relating to the assessment
   3-34  procedure and enrichment courses established under <testing and
   3-35  remedial requirements of> this section <and of the rules adopted by
   3-36  the Texas Higher Education Coordinating Board>.
   3-37        (t)  This section does not apply to a student at an
   3-38  institution of higher education who:
   3-39              (1)  enrolls on a temporary basis in the institution of
   3-40  higher education; and
   3-41              (2)  is also enrolled in a private or independent
   3-42  institution of higher education or an out-of-state institution of
   3-43  higher education.
   3-44        (u)  To receive an exemption under Subsection (t), a student
   3-45  must present to the institution of higher education at which the
   3-46  student seeks the exemption as evidence of enrollment in the other
   3-47  institution:
   3-48              (1)  a transcript, grade report, or paid fee receipt
   3-49  from the preceding semester; or
   3-50              (2)  any other evidence acceptable to the institution
   3-51  of higher education as proof of enrollment in the other
   3-52  institution.
   3-53        (v)  An exemption under Subsection (t) terminates if the
   3-54  student:
   3-55              (1)  enrolls on a permanent basis in an institution of
   3-56  higher education; or
   3-57              (2)  enrolls in a certificate or degree program at an
   3-58  institution of higher education.
   3-59        (w)  This section does not apply to a student who:
   3-60              (1)  has been graduated from an institution of higher
   3-61  education, a private or independent institution of higher
   3-62  education, or an out-of-state institution of higher education;
   3-63              (2)  is not enrolled in a certificate or degree program
   3-64  at an institution of higher education; or
   3-65              (3)  is enrolled in a certificate program of one year
   3-66  or less.
   3-67        (x)  A student who the assessment procedure indicates is
   3-68  deficient in mathematics and who completes the mathematics
   3-69  enrichment coursework prescribed by the institution must retake the
   3-70  mathematics portion of the assessment procedure.  If the assessment
    4-1  procedure indicates that the student is still deficient in
    4-2  mathematics, the student may enroll in additional mathematics
    4-3  enrichment coursework or in the entry-level mathematics course
    4-4  required for the student's certificate or degree program.  If the
    4-5  student enrolls in and passes the entry-level mathematics course,
    4-6  the institution shall award the student credit for the course
    4-7  toward completion of the student's certificate or degree program
    4-8  and may not require the student to retake the mathematics portion
    4-9  of the assessment procedure or prohibit the student from enrolling
   4-10  in an upper-division course because of failure to pass the
   4-11  mathematics portion of the assessment procedure.
   4-12        (y)  A student who is at least 45 years of age at the time
   4-13  the student enters an institution of higher education, is enrolled
   4-14  in a degree program requiring not more than six hours of
   4-15  college-level mathematics, and does not meet the minimum
   4-16  performance standards on the mathematics portion of the assessment
   4-17  procedure may not be:
   4-18              (1)  required to participate in a mathematics
   4-19  enrichment program;
   4-20              (2)  required to retake the mathematics portion of the
   4-21  assessment procedure; or
   4-22              (3)  prohibited from advancing in the degree program.
   4-23        SECTION 2.  (a) This Act takes effect September 1, 1995.
   4-24        (b)  The change in law made by this Act applies to all
   4-25  students at institutions of higher education regardless of when
   4-26  admitted.
   4-27        SECTION 3.  The importance of this legislation and the
   4-28  crowded condition of the calendars in both houses create an
   4-29  emergency and an imperative public necessity that the
   4-30  constitutional rule requiring bills to be read on three several
   4-31  days in each house be suspended, and this rule is hereby suspended.
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