SRC-JRN C.S.S.B. 729 75(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 729
By: Bivins
Education
3-6-97
Committee Report (Substituted)


DIGEST 

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 coursework by establishing measures for the evaluation
of the Texas Academic Skills Program. 

PURPOSE

As proposed, C.S.S.B. 729 addresses the accountability system for remedial
coursework by establishing measures for the evaluation of the Texas
Academic Skills Program. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.306, Education Code, as follows:

Sec. 51.306. New heading:  TEXAS ACADEMIC SKILLS PROGRAM.  (a) Defines
"general academic teaching institution," "public junior college," and
"public technical institute."  Makes conforming changes. 

(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
(board) 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 the board to take the test
under Subsection (c) of this section by the end of the semester of
enrollment.  Deletes categories of students required to take the test
before entering public institutions of higher education.  Makes conforming
changes. 

(c) Requires the institution to use the Texas Academic Skills Program Test
(test) for purposes of Subsection (b) of this section.  Authorizes the
board to prescribe an alternative test instrument for an institution to
use to test a student.  Requires each alternative test instrument to be
correlated with the test.  Makes conforming changes.  

(e) Makes a conforming and nonsubstantive change.

(f) Requires the student to retake the portion of the test for which
remediation was required on completion of the remedial coursework or
program.  Makes a conforming change.  

(g) Prohibits the student from enrolling in more than 60 semester hours
until the student's test results meet or exceed the minimum standards in
each skill area:  reading, writing, and mathematics, rather than in all
test scores.  Makes conforming and nonsubstantive changes.   
 
(h) Prohibits a general academic teaching institution from receiving
funding for remedial coursework taken by a student exceeding six semester
credit hours in each skill area, and prohibits a public junior college or
public technical institute from receiving funding for coursework in excess
of nine semester credit hours in each skill area.  Requires the board to
develop a performance funding formula by which institutions may receive
additional funding for each student who successfully completes
remediation.  Makes conforming and nonsubstantive changes.   

(i) and (j) Makes no change.

(k) Requires the board to publish annually a summary of the report
required in Section 51.403(e) of this code identifying certain
information.  Requires the summary to include the number of students at
each high school who took and passed the test while enrolled in high
school.  Requires the board to publish an annual report that summarizes
the total number of students meeting certain requirements  by institution
of higher education for each academic year.  Makes conforming and
nonsubstantive changes. 

(l) Provides that a student who performs at or above a level set by the
board on the exitlevel assessment required under Section 39.023 of this
code is exempt from this section. Provides that this exemption is in
effect from the date a student takes the assessment and achieves the set
score level.  Makes conforming and nonsubstantive changes.   

(m) Makes conforming and nonsubstantive changes.  

(n) Makes no change.

(o) Provides that a student at an institution of higher education is
exempt from the requirements of this section if the student enrolls on a
temporary basis at the institution of higher education and meets certain
requirements.  

(p) Requires a student to present certain information to the institution
of higher education at which the student seeks the exemption as evidence
of enrollment in another institution.  
(q) Sets forth provisions for termination of exemptions if a student meets
certain requirements.   

(r) Sets forth provisions to which this section does not apply.  Makes
conforming changes.  
(s) Requires an institution of higher education to provide certain
information to students to whom this section applies, rather than under
Subsection (b) of this section.  Makes conforming changes.   

(t) Deletes existing Subsection (q).

(u) Provides that a student may have certain disorders as defined by
Section 38.003 of this code, rather than Section 21.924(a).  Deletes
existing Subsection (u).  Makes conforming changes.  

(v) Requires a student who has passed the exit-level assessment required
under Section 39.023 of this code 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 to work with the board to encourage
eligible students to take the test, but taking the test shall be
voluntary. 

(w) Sets forth provisions that apply to high school students taking the
test required by this section.  Deletes existing Subsections (r) and (s)
regarding exemptions. 

 SECTION 2. Amends Section 51.403(e), Education Code, to require
institutions of higher education to report student performance to a
student's last high school attended, rather than the junior college, as
established by the coordinating board, rather than the coordinating board,
Texas College and University System, and the State Board of Education.
Requires each high school receiving a report concerning five or more
students from the same institution of higher education to release to a
generally circulated newspaper certain information.  Requires the high
school to release the information by the 30th day after the date on which
the high school receives the report. 

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.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 51.306 (b), Education Code, to require the board
to prescribe circumstances, rather than exceptional 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 to
take the test under Subsection (c) of this section by the end of the
semester of enrollment. 

Amends SECTION 1, Section 51.306(w)(1), Education Code, to require test
scores of a high school student to be reported only to the student and the
student's parents, except as authorized by the student rather than
reporting the test scores  to the student and the student's parents.