By Rangel                                       H.B. No. 1698

      75R7117 JSA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the basic skills assessment of students of institutions

 1-3     of higher education and to programs for students in need of

 1-4     enrichment in basic skills.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 51.306, Education Code, as amended by

 1-7     Chapters 76, 362, 747, 777, and 804, Acts of the 74th Legislature,

 1-8     Regular Session, 1995, is amended to read as follows:

 1-9           Sec. 51.306.  BASIC SKILLS ASSESSMENT [TESTING] AND

1-10     ENRICHMENT [REMEDIAL] COURSEWORK.  (a)  In this section:

1-11                 (1)  "Board," "institution of higher education," and

1-12     "private or independent institution of higher education" have the

1-13     meanings assigned by Section 61.003 of this code.

1-14                 (2)  "Deaf student" means a student who is a deaf

1-15     person as defined by Section 54.205(a) of this code.

1-16                 (3)  "Blind student" means a student who is a blind

1-17     person as defined by Section 54.205(a) of this code.

1-18           (b)  All students in the following categories who enter

1-19     public institutions of higher education must be assessed [tested]

1-20     for reading, writing, and mathematics skills:

1-21                 (1)  all full-time and part-time freshmen enrolled in a

1-22     degree program;

1-23                 (2)  any other student, prior to the accumulation of

1-24     nine or more semester credit hours or the equivalent;  and

 2-1                 (3)  any transfer student with fewer than 60 semester

 2-2     credit hours or the equivalent who has not previously been assessed

 2-3     under this section [taken the tests].

 2-4           (c)  For purposes of Subsection (b) [that purpose], the

 2-5     institution shall use an assessment procedure [a test instrument]

 2-6     prescribed by the board.  The same procedure [instrument] shall be

 2-7     used at all public institutions of higher education.

 2-8           [(c)]  The assessment procedure developed [test instrument

 2-9     adopted] by the board must be of a diagnostic nature and be

2-10     designed to provide a comparison of the skill level of the

2-11     individual student with the skill level necessary for a student to

2-12     perform effectively in an undergraduate degree program.  In

2-13     developing the assessment procedure [test], the board shall

2-14     consider the recommendations of faculty from various institutions

2-15     of higher education.

2-16           (d)  An institution may not use results derived from the

2-17     assessment procedure:

2-18                 (1)  [performance on the test] as a condition of

2-19     admission into the institution; or

2-20                 (2)  to prohibit or limit a student's advancement in a

2-21     degree program.

2-22           (e)  Each institution shall consider a student's performance

2-23     under the assessment procedure and determine whether the student

2-24     must take enrichment courses under this section. [The board shall

2-25     prescribe minimum performance standards for the test instrument.  A

2-26     student whose performance is below the standard for tested skill

2-27     must participate in a remediation program.  An institution may

 3-1     require higher performance standards.]

 3-2           [(f)]  If the [test] results of the assessment procedure

 3-3     indicate that enrichment [remedial] education is necessary in any

 3-4     area assessed [tested], the institution shall refer the student to

 3-5     enrichment [remedial] courses or other enrichment [remedial]

 3-6     programs made available by the institution.  Each institution shall

 3-7     make available those courses and programs on the same campus at

 3-8     which the student would otherwise attend classes.  The courses or

 3-9     programs may not be considered as credit toward completion of

3-10     degree requirements.

3-11           (f)  [(g)  A student may not enroll in any upper division

3-12     course completion of which would give the student 60 or more

3-13     semester credit hours or the equivalent until the student's test

3-14     results meet or exceed the minimum standards in all test scores.

3-15     The board shall establish other assessment procedures to be used by

3-16     institutions in exceptional cases to allow a student to enroll in

3-17     upper division courses in cases where student test results do not

3-18     meet minimum standards.]

3-19           [(h)]  The state shall continue to fund approved nondegree

3-20     credit enrichment [remedial] courses.  Additionally, the board

3-21     shall develop formulas to augment institutional funding for

3-22     freshman-level courses for which the student failure rate is

3-23     significantly higher than average [of other remedial academic

3-24     programs].  The additional funding required under such formulas

3-25     shall be met by state appropriation [for fiscal years 1990-1991 and

3-26     thereafter].

3-27           (g) [(i)]  Each institution shall establish an advising

 4-1     program to advise students at every level of courses and degree

 4-2     options that are appropriate for the individual student.

 4-3           (h) [(j)]  The [unit] costs of administering the assessment

 4-4     procedure [each test] shall be borne by the student.  Costs of

 4-5     administering the assessment procedure [tests] to students shown to

 4-6     be financially needy under criteria established by the board shall

 4-7     be borne by the state through appropriation to the board for that

 4-8     purpose or other sources of funds.  The amount collected from

 4-9     students under this subsection shall be appropriated [Additionally,

4-10     appropriation shall be made] to the board to cover overall

4-11     administrative costs of the assessment [testing] program.

4-12           (i) [(k)]  Each institution shall report annually to the

4-13     board, on or before a day set by rule of the board, concerning the

4-14     results of the students being assessed [tested] and the

4-15     effectiveness of the institution's enrichment [remedial] program

4-16     and advising program.  [The report shall identify by name the high

4-17     school from which each tested student graduated and a statement as

4-18     to whether or not the student's performance was above or below the

4-19     standard.]  For the purposes of the [this] report, students may

4-20     [shall] not be identified by name.

4-21           (j) [(m)(1)]  A high school student who performs at or above

4-22     a level on the Texas Assessment of Academic Skills test to be set

4-23     by the board is exempt from this section.  This exemption will be

4-24     in effect for three years from the date the Texas Assessment of

4-25     Academic Skills test is taken and the set score level is achieved.

4-26     A student [Students] enrolling for the first time in an institution

4-27     of higher education [Texas public colleges and universities] after

 5-1     the three-year period has elapsed must conform to all provisions of

 5-2     this section.

 5-3           (k) [(2)]  Entering or transferring students who have

 5-4     achieved a score to be set by the board on the Scholastic

 5-5     Assessment Test or the American College Test are exempt from the

 5-6     requirements of this section.  The [This] exemption is effective

 5-7     [will be in effect] for five years from the date [either] the

 5-8     Scholastic Assessment Test or the American College Test is taken

 5-9     and the set standard is achieved. A student [Students] enrolling

5-10     for the first time in an institution of higher education [Texas

5-11     public colleges and universities] after the five-year period has

5-12     elapsed must conform to all provisions of this section.

5-13           (l) [(n)]  This section applies to a blind student only if

5-14     the assessment procedure [test] is administered to that student in

5-15     large print or Braille or is administered by audio cassette or by a

5-16     reader, as appropriate to that student.

5-17           (m) [(o)]  This section does not apply to a student located

5-18     outside this state who enrolls in a course offered outside this

5-19     state by an institution of higher education.

5-20           (n) [(p)]  An institution of higher education shall provide

5-21     to each student to whom this section applies [under Subsection (b)

5-22     of this  section] who is accepted by the institution for admission

5-23     information in the institution's catalog relating to the assessment

5-24     procedure and enrichment courses established under [testing and

5-25     remedial  requirements of] this section [and of the rules adopted

5-26     by the Texas Higher Education Coordinating Board].

5-27           (o) [(q)]  This section does not apply to a deaf student.

 6-1           (p) [(q)]  An institution may exempt a non-degree-seeking or

 6-2     non-certificate-seeking student who will be 55 years of age or

 6-3     older on the first class day of a term or semester from the

 6-4     assessment procedure and enrichment courses established under

 6-5     [testing requirements imposed by] this section as a condition for

 6-6     enrollment during that term or semester in a course.

 6-7           (q)  This section does not apply to a student at an

 6-8     institution of higher education who:

 6-9                 (1)  enrolls on a temporary basis in the institution of

6-10     higher education; and

6-11                 (2)  is also enrolled in a private or independent

6-12     institution of higher education or an out-of-state institution of

6-13     higher education or has graduated from an institution of higher

6-14     education, a private or independent institution of higher

6-15     education, or an out-of-state institution of higher education.

6-16           (r)  To receive an exemption under Subsection (q), a student

6-17     must:

6-18                 (1)  if the student claims the exemption because the

6-19     student is also enrolled in a private or independent institution of

6-20     higher education or an out-of-state institution of higher

6-21     education, present to the institution of higher education at which

6-22     the student seeks the exemption as evidence of enrollment in the

6-23     other institution:

6-24                       (A)  a transcript, grade report, or paid fee

6-25     receipt from the preceding semester; or

6-26                       (B)  any other evidence acceptable to the

6-27     institution of higher education as proof of enrollment in the other

 7-1     institution;

 7-2                 (2)  if the student claims the exemption because the

 7-3     student has graduated from an institution of higher education, a

 7-4     private or independent institution of higher education, or an

 7-5     out-of-state institution of higher education, present to the

 7-6     institution of higher education at which the student seeks the

 7-7     exemption as evidence of graduation from the other institution a

 7-8     diploma or transcript; and

 7-9                 (3)  sign a form stating that the student does not

7-10     intend to enroll on a permanent basis in or receive a [certificate

7-11     or] degree from the institution of higher education at which the

7-12     student seeks the exemption.

7-13           (s)  An exemption under Subsection (q) terminates if the

7-14     student:

7-15                 (1)  enrolls on a permanent basis in the institution of

7-16     higher education; or

7-17                 (2)  enrolls in a [certificate or] degree program at

7-18     the institution of higher education.

7-19           (t) [(q)]  A student who has been diagnosed as having

7-20     dyslexia or a related disorder, as those terms are defined  by

7-21     Section 38.003 [21.924(a)], by a qualified professional whose

7-22     license or credentials are appropriate to diagnose the disorder as

7-23     determined by the board and who completes the enrichment courses

7-24     [remedial program] prescribed by the institution may be required to

7-25     undergo the assessment  procedure [retake the test] once but may

7-26     not be required to take an additional enrichment course [referred

7-27     to an additional remedial course or other remedial program or

 8-1     precluded from enrolling in an upper division course because of the

 8-2     student's performance on the test].

 8-3           [(s)  This section does not apply to a student enrolled in a

 8-4     certificate program of one year or less.]

 8-5           SECTION 2.  (a)  This Act takes effect September 1, 1997.

 8-6           (b)  The change in law made by this Act applies to all

 8-7     students at institutions of higher education regardless of when

 8-8     admitted.

 8-9           SECTION 3.  The importance of this legislation and the

8-10     crowded condition of the calendars in both houses create an

8-11     emergency and an imperative public necessity that the

8-12     constitutional rule requiring bills to be read on three several

8-13     days in each house be suspended, and this rule is hereby suspended.