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.