75R12085 CAG-D By Maxey H.B. No. 2725 Substitute the following for H.B. No. 2725: By Solis C.S.H.B. No. 2725 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of standardized test scores in making 1-3 admissions determinations and in awarding scholarships and 1-4 financial aid for certain persons at public institutions of higher 1-5 education. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-8 amended by adding Section 51.9241 to read as follows: 1-9 Sec. 51.9241. USE OF STANDARDIZED TEST SCORES IN ADMISSIONS 1-10 OF HANDICAPPED APPLICANTS. (a) An institution of higher education 1-11 may not require an applicant for admission to the institution or to 1-12 a degree program, school, or college within the institution to 1-13 report, submit, or disclose the applicant's test score or other 1-14 result from the administration of a standardized assessment, 1-15 achievement, or admissions test, including any of the tests 1-16 commonly known as the PSAT, SAT, ACT, GRE, GMAT, MCAT, or LSAT, if 1-17 the applicant: 1-18 (1) is a handicapped person, as defined by Section 1-19 121.002, Human Resources Code, and the person's handicap is 1-20 reasonably likely to impair or interfere with the applicant's 1-21 performance on a standardized test; and 1-22 (2) submits with the admission application a signed 1-23 statement of a licensed physician or other licensed health care 1-24 provider that the applicant's handicap is reasonably likely to 2-1 impair or interfere with the applicant's performance on a 2-2 standardized test. 2-3 (b) It is a ground for disciplinary action by the 2-4 appropriate licensing agency for a physician or other health care 2-5 provider to: 2-6 (1) sign a false or misleading statement described by 2-7 Subsection (a); or 2-8 (2) sign a statement described by Subsection (a) 2-9 without determining the accuracy of the statement. 2-10 SECTION 2. Subchapter A, Chapter 56, Education Code, is 2-11 amended by adding Section 56.004 to read as follows: 2-12 Sec. 56.004. USE OF STANDARDIZED TEST RESULTS IN FINANCIAL 2-13 AID DETERMINATIONS OF HANDICAPPED APPLICANTS. (a) An institution 2-14 of higher education, the Texas Higher Education Coordinating Board, 2-15 or any person acting on behalf of an institution of higher 2-16 education or the coordinating board relating to the award of a 2-17 scholarship or other financial aid to an applicant for a 2-18 scholarship or financial aid may not require the applicant to 2-19 report, submit, or disclose the applicant's test score or other 2-20 result from the administration of a standardized assessment, 2-21 achievement, or admissions test, including any of the tests 2-22 commonly known as the PSAT, SAT, ACT, GRE, GMAT, MCAT, or LSAT, if 2-23 the applicant: 2-24 (1) is a handicapped person, as defined by Section 2-25 121.002, Human Resources Code, and the person's handicap is 2-26 reasonably likely to impair or interfere with the applicant's 2-27 performance on a standardized test; and 3-1 (2) submits with the scholarship or financial aid 3-2 application a signed statement of a licensed physician or other 3-3 licensed health care provider that the applicant's handicap is 3-4 reasonably likely to impair or interfere with the applicant's 3-5 performance on a standardized test. 3-6 (b) It is a ground for disciplinary action by the 3-7 appropriate licensing agency for a physician or other health care 3-8 provider to: 3-9 (1) sign a false or misleading statement described by 3-10 Subsection (a); or 3-11 (2) sign a statement described by Subsection (a) 3-12 without determining the accuracy of the statement. 3-13 SECTION 3. This Act applies beginning with admissions or 3-14 awards of financial aid for the 1998 fall semester. 3-15 SECTION 4. The importance of this legislation and the 3-16 crowded condition of the calendars in both houses create an 3-17 emergency and an imperative public necessity that the 3-18 constitutional rule requiring bills to be read on three several 3-19 days in each house be suspended, and this rule is hereby suspended.