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.