MMA C.S.H.B. 2725 75(R)BILL ANALYSIS


HIGHER EDUCATION
C.S.H.B. 2725
By: Maxey
5-02-97
Committee Report (Substituted)


BACKGROUND 

At schools such as the University of Texas Graduate School, admissions
officers rely on standardized test scores to automatically reject
candidates without considering their academic record. 

A book published by the University of Chicago Press, The Case Against the
SAT, found that the SAT is "statistically irrelevant" in college
admissions. 

For persons with disabilities like deafness, standardized test scores are
often inaccurate measures of the student's ability.  Studies have shown
that because the native tongue of persons with deafness is sign language,
primarily verbal assessment instruments, like the verbal sections of the
GRE or SAT, are not accurate in measuring the abilities of persons with
deafness. 

PURPOSE

C.S.H.B. 2725 makes the submission of standardized test scores for persons
with disabilities optional for admissions and financial aid determinations
for all types of higher education programs, undergraduate, graduate, and
professional.  Universities would be prohibited from requiring applicants
with disabilities to submit their scores. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding
Section 51.9241 to read as follows: 
Sec. 51.9241. USE OF STANDARDIZED TEST SCORES IN ADMISSIONS OF HANDICAPPED
APPLICANTS.  (a)  Prohibits an institution from requiring that an
applicant submit, for admission, a standardized test score or scores,
including results of tests commonly known as the PSAT, SAT, ACT, GRE,
GMAT, MCAT, or LSAT, if the applicant: 
 (1) is handicapped as defined by Section 121.002, Human Resources Code,
and the person's handicap is reasonably likely to impair or interfere with
the applicant's performance on a standardized test; and 
 (2) submits with the admission application a signed statement of a
licensed physician or other licensed health care provider that the
applicant's disability is reasonably likely to impair or interfere with
the applicant's performance on a standardized test. 
(b) Deems as grounds for disciplinary action by the appropriate licensing
agency for a physician or other health care provider to: 
  (1) sign a false or misleading statement described by Subsection (a); or
 (2) sign a statement described by Subsection (a) without determining the
accuracy of the statement. 


 SECTION 2. Amends Subchapter A, Chapter 56, Education Code, by adding
Section 56.004 to read as follows: 
 Sec. 56.004. USE OF STANDARDIZED TEST RESULTS IN FINANCIAL AID
DETERMINATIONS OF HANDICAPPED APPLICANTS. (a) States that an institution
of higher education, the Texas Higher Education Coordinating Board, or any
person acting on behalf of the above relating to the award of a
scholarship or other financial aid to a student or applicant for financial
aid may not require the applicant to submit his or her standardized test
score or scores, including results of tests commonly known as the PSAT,
SAT, ACT, GRE, GMAT, MCAT, or LSAT if the applicant:  
(1) is handicapped, as defined by Section 121.002, Human Resources Code,
and the person's handicap is reasonably likely to impair or interfere with
the applicant's performance on a standardized test; and 
(2) submits with the scholarship or financial aid application a signed
statement of a licensed physician or other licensed health care provider
that the applicant's disability is reasonably likely to impair or
interfere with the applicant's performance on a standardized test. 
(b) Deems as grounds for disciplinary action by the appropriate licensing
agency for a physician or other health care provider to: 
 (1) sign a false or misleading statement described by Subsection (a); or
 (2) sign a statement described by Subsection (a) without determining the
accuracy of the statement.                       

SECTION 3. Effective beginning with admissions or awards of financial aid
for the 1998 fall semester. 

SECTION 4. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

H.B. 2725, as originally proposed, would have prohibited requiring the
submission of standardized test scores for all applicants.   

C.S.H.B. 2725, instead, narrows the prohibition to handicapped persons.
The applicant must submit a statement from a licensed professional
confirming that the handicap would interfere with the applicant's
performance.  Any licensee providing misleading information would be
subject to penalties from the appropriate licensing entity.