MMA C.S.S.B. 729 75(R)BILL ANALYSIS HIGHER EDUCATION C.S.S.B. 729 By: Bivins (Rangel) 4-27-97 Committee Report (Substituted) BACKGROUND Currently, state law sets forth requirements for testing and remedial coursework. However, the state spends approximately $75 million per year on remedial and developmental courses for higher education institutions and no accountability measures exist to show the effectiveness for higher education remedial programs. This bill addresses the accountability system for remedial course work by establishing measures for the evaluation of the Texas Academic Skills Program. PURPOSE C.S.S.B. 729 addresses the accountability system for developmental course work by establishing measures for the evaluation and funding of the Texas Academic Skills Program (TASP). 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 Section 51.306, Education Code, as follows: Sec. 51.306.TEXAS ACADEMIC SKILLS PROGRAM. (a) Defines "general academic teaching institution," "public junior college," and "public technical institute," in addition to the terms already contained in the subsection. (b) Requires each undergraduate student who enters a public institution of higher education to be tested for certain skills prior to enrolling in any coursework. Requires the Texas Higher Education Coordinating Board (THECB) to prescribe circumstances under which a student who has not been tested may enroll in coursework. Requires a student who is permitted to enroll without taking the test prescribed by THECB to take the test under Subsection (c) of this section by the end of the first semester of enrollment. Deletes categories of students required to take the test before entering an institution. Makes conforming changes. (c) Requires the institution to use the Texas Academic Skills Program Test (TASP test) for purposes of Subsection (b) of this section. Authorizes THECB to prescribe an alternative test instrument for an institution to assess a student. Requires each alternative test instrument to be correlated with the test. Makes conforming changes. (d) Prohibits the use of a student's performance on the test as a condition for admission. (e) Makes a conforming and non-substantive change. Strikes the word "remediation" to replace it with the word "developmental." (f) Makes conforming changes. Adds language to require that a student take the portion of the test for which developmental education was required on completion of the developmental coursework or program. (g) Prohibits the student from enrolling in more than 60 semester credit hours (SCH) until the student's test results meet or exceed the minimum standards in each skill area for which developmental education was required or until the student earns a "B" or better in a freshman-level credit course in the deficient subject matter. Mandates THECB to establish a list of freshman-level credit courses for each skill area of the test instrument. Makes conforming and non-substantive changes. (h) Makes conforming changes. Adds language to prohibit an institution from receiving funding for developmental coursework taken by a student exceeding 18 SCH, and prohibits a public junior college or public technical institute from receiving funding for developmental coursework in excess of 27 SCH. Requires the THECB to develop a performance funding formula by which institutions may receive additional funding for each student who successfully completes developmental courses. Makes conforming and non-substantive changes. (i) and (j) Makes no change. (k) Adds language to require THECB to publish annually a summary of the report required in Section 51.403(e) of this code identifying certain information, including the number of students at each high school who took and passed the test while enrolled in high school. Requires THECB to publish an annual report that summarizes the total number of students meeting certain requirements by each institution for each academic year. Makes conforming and non-substantive changes. (l) Makes a conforming subsection change. Provides that a high school student who performs at or above a level set by THECB on the exit-level assessment required under Section 39.023 is exempt from this section. States that the level set by THECB may not exceed a level equivalent to a 95 percent probability of passing the test. Provides that this exemption is in effect for three years from the date a student takes the assessment and achieves the set score level. Clarifies that a student enrolling at an institution for the first time after three years must conform to all provisions of the section. (m) Makes conforming and non-substantive changes. (n) Makes no change. (o) Provides that a student at an institution is exempt from the requirements of this section if the student enrolls on a temporary basis at the institution and: (1) is also enrolled at an accredited private or independent institution or an accredited out-of-state institution; or (2) has graduated from an institution, an accredited private or independent institution or an accredited out-of-state institution. (p) Requires a student to present one of the following statements to the institution at which the student seeks the exemption under Subsection (o) as evidence of enrollment in another institution: (1) a transcript, grade report, or paid fee receipt from the preceding semester; or (2) any other evidence acceptable to the institution as proof of enrollment in the other institution. (q) Sets forth provisions for termination of exemption if a student meets one of the following requirements: (1) enrolls on a permanent basis in an institution; or, (2) enrolls in a certificate or degree program at an institution. (r) States that this section does not apply to: (1) a student who accumulated three or more college-level SCH prior to fall semester, 1989; (2) a student located outside this state who enrolls in a course offered outside this state by an institution; (3) a deaf student; (4) a student who has graduated with a baccalaureate degree from an institution, an accredited private or independent institution, or an accredited out-of-state institution; (5) a student enrolled in a certificate program at a community or technical college of one year or less; or (6) a student who is a citizen or a country other than the United States and is not seeking a degree. (s) Makes a conforming subsection change. Requires an institution to provide certain information to students to whom this section applies, rather than under Subsection (b) of this section. Makes conforming changes. (t) Makes a conforming subsection change. Deletes existing Subsection (q). (u) Makes a conforming subsection change. Provides that a student may have certain disorders as defined by Section 38.003, rather than Section 21.924(a) or a math learning disability. Deletes existing Subsection (u). Makes conforming changes. (v) Requires a student who has passed the exit-level assessment required under Section 39.023 to be encouraged to take the test while enrolled in high school unless the student's scores on the exit-level assessment or on the Scholastic Assessment Test or the American College Test exempt the student from the test as required by this section. Requires the Texas Education Agency (TEA) to work with THECB to encourage eligible students to take the test, but deems taking the test to be voluntary. (w)(1) Sets forth provisions that apply to high school students taking the test required by this section. (2) Requires eligible high school students to pay for the cost of taking the test unless funds are appropriated for that purpose. Requires THECB and TEA to develop a mechanism for the payment of the cost of the test, if funds were appropriated. (3) Requires THECB to arrange for the test to be offered to high school students outside of regularly scheduled school days at locations throughout the state. (4) Prohibits a student's test scores from being reported to anyone other than the student and the student's parents, except as authorized by the student. (5) Prohibits requiring a high school student who fails to achieve the minimum required score set by THECB from taking developmental classes while in high school. Mandates compliance with the provision of this section of a student who enters a public institution after graduation from high school. (6) Requires that a high school student achieving the minimum required score set by THECB be deemed to have met the requirements of this section, provided that the student enrolls in the institution not later than five years from the date the test is taken and the set score level is achieved. Requires that a student enrolling for the first time in an institution after the five-year period comply with all provisions of this section. (7) Requires TEA and THECB to work together to provide high school students, parents and schools with information regarding the TASP and assist them in interpreting the results of the test. Repeals existing Subsections (r) and (s) regarding exemptions. SECTION 2. Amends Subsection (e), Section 51.403, Education Code, to require institutions to report student performance to a student's last high school attended, rather than the junior college, as established by THECB and the State Board of Education. Adds language to require each high school receiving a report concerning five or more students from the same institution to include, as part of a performance report required under Section 39.053(a), the number and percentage of students needing developmental coursework according to THECB's minimum standards. SECTION 3. (a) Effective date: September 1, 1997, except as provided by Subsection (b). (b) Provides that the change in law made by this Act to Section 51.306(b), Education Code, takes effect with the fall semester of 1998. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 729 replaces, in every area referenced in the bill the word "remediation" or "remedial" with "developmental." C.S.S.B. 729 makes a technical change to the added language to Subsection (f) to read "take" instead of "retake" because students who are given an alternative assessment test, other than the TASP, will technically be taking the TASP for the first time at this point. C.S.S.B. 729 amends Subsection (g) by deleting the three skill areas in the added language to address a situation where a student has received a grade of "B" or better in a freshman-level credit course in the subject matter of the assessed deficit. Requires the THECB to create a list of such courses. C.S.S.B. 729 amends Subsection (h) by changing the cap of SCH in developmental courses for which an institution can receive funding. The change establishes an overall cap for developmental courses instead of limiting each skill level to a certain amount of SCH. C.S.S.B. 729 adds to Subsection (k), Subdivision (5) to direct the THECB to include in its annual report the total number of students who satisfied the requirement of Subsection (g) by earning an acceptable grade in an approved course. This change tracks the number of students who are unable to pass the TASP, but are able to pass course work with a "B" or better. C.S.S.B. 729 adds to Subsections (l) and (m) language that would require that the level set by the THECB for TASP test exemptions not exceed a level that is equivalent to a 95 percent probability of passing the test. C.S.S.B. 729 adds language to Subsection (u) to address a specific learning disability in mathematics. C.S.S.B. 729 replaces the added language in SECTION 2, Subsection (e) (original bill) with new language that would require each school district receiving a report concerning five or more students from the same institution of higher education to include, as part of a performance report, the number and percentage of students needing a developmental course. The change eliminates the requirement of releasing the information to the newspapers. Makes a conforming change.