By Hernandez H.B. No. 2381
74R6619 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to remedial education by public institutions of higher
1-3 education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 51.306(f)-(p), Education Code, are
1-6 amended to read as follows:
1-7 (f) If the test results indicate that remedial education is
1-8 necessary in any area tested, the institution shall refer the
1-9 student to remedial courses or other remedial education programs
1-10 made available by the institution. Each institution shall make
1-11 available those courses and programs on the same campus at which
1-12 the student would otherwise attend classes. The courses or
1-13 programs may not be considered as credit toward completion of
1-14 degree requirements.
1-15 (g) The board, in cooperation with institutions of higher
1-16 education, shall adopt a process to determine the type and level of
1-17 remedial education that a student needs as indicated by the
1-18 student's test results.
1-19 (h) A student may not enroll in any upper division course
1-20 completion of which would give the student 60 or more semester
1-21 credit hours or the equivalent until the student's test results
1-22 meet or exceed the minimum standards in all test scores. The board
1-23 shall establish other assessment procedures to be used by
1-24 institutions in exceptional cases to allow a student to enroll in
2-1 upper division courses in cases where student test results do not
2-2 meet minimum standards.
2-3 (i) <(h)> The state shall continue to fund approved
2-4 nondegree credit remedial courses. Additionally, the board shall
2-5 develop formulas to augment institutional funding of other remedial
2-6 education <academic> programs. The additional funding required
2-7 under such formulas shall be met by state appropriation <for fiscal
2-8 years 1990-1991 and thereafter>.
2-9 (j) <(i)> Each institution shall establish an advising
2-10 program to advise students at every level of courses and degree
2-11 options that are appropriate for the individual student.
2-12 (k) <(j)> The unit costs of each test shall be borne by the
2-13 student. Costs of administering the tests to students shown to be
2-14 financially needy under criteria established by the board shall be
2-15 borne by the state through appropriation to the board for that
2-16 purpose or other sources of funds. Additionally, appropriation
2-17 shall be made to the board to cover overall administrative costs of
2-18 the testing program.
2-19 (l) The board, in cooperation with institutions of higher
2-20 education, shall adopt criteria to evaluate the effectiveness of
2-21 each institution's remedial education program.
2-22 (m) <(k)> Each institution shall report annually to the
2-23 board, on or before a day set by rule of the board, concerning the
2-24 results of the students being tested and the effectiveness of the
2-25 institution's remedial education program and advising program in
2-26 accordance with the criteria adopted under Subsection (l). The
2-27 report shall identify by name the high school from which each
3-1 tested student graduated and a statement as to whether or not the
3-2 student's performance was above or below the standard. For the
3-3 purposes of this report, students shall not be identified by name.
3-4 (n) The board shall use the criteria adopted under
3-5 Subsection (l) to evaluate the effectiveness of each institution's
3-6 remedial education program and to make funding recommendations to
3-7 the legislature.
3-8 (o) <(m)(1)> A high school student who performs at or above
3-9 a level on the Texas Assessment of Academic Skills test to be set
3-10 by the board is exempt from this section. This exemption will be
3-11 in effect for three years from the date the Texas Assessment of
3-12 Academic Skills test is taken and the set score level is achieved.
3-13 Students enrolling for the first time in Texas public colleges and
3-14 universities after the three-year period has elapsed must conform
3-15 to all provisions of this section.
3-16 (p) <(2)> Entering or transferring students who have
3-17 achieved a score to be set by the board on the Scholastic
3-18 Assessment Test or the American College Test are exempt from the
3-19 requirements of this section. This exemption will be in effect for
3-20 five years from the date either the Scholastic Assessment Test or
3-21 the American College Test is taken and the set standard is
3-22 achieved. Students enrolling for the first time in Texas public
3-23 colleges and universities after the five-year period has elapsed
3-24 must conform to all provisions of this section.
3-25 (q) <(n)> The board shall adopt rules necessary for the
3-26 administration of this subchapter.
3-27 (r) <(n)> This section applies to a blind student only if
4-1 the test is administered to that student in large print or Braille
4-2 or is administered by audio cassette or by a reader, as appropriate
4-3 to that student.
4-4 (s) <(o)> This section does not apply to a student located
4-5 outside this state who enrolls in a course offered outside this
4-6 state by an institution of higher education.
4-7 (t) <(o)> This section does not apply to a deaf student.
4-8 (u) <(p)> An institution of higher education shall provide
4-9 to each student under Subsection (b) of this section who is
4-10 accepted by the institution for admission information in the
4-11 institution's catalog relating to the testing and remedial
4-12 education requirements of this section and of the rules adopted by
4-13 the Texas Higher Education Coordinating Board.
4-14 SECTION 2. Not later than September 1, 1996, the board, in
4-15 cooperation with institutions of higher education, shall adopt the:
4-16 (1) process required by Section 51.306(g), Education
4-17 Code, as amended by this Act; and
4-18 (2) criteria required by Section 51.306(l), Education
4-19 Code, as amended by this Act.
4-20 SECTION 3. This Act takes effect September 1, 1995.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.