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.
4-32 * * * * *