By Rangel H.R. No. 1231
75R17199 JSA-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 75th Legislature, Regular Session, 1997, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 148 to consider and
1-6 take action on the following matters:
1-7 (1) House Rule 13, Section 9(a)(4) is suspended to permit
1-8 the committee to add the following new text:
1-9 SECTION 2. Section 51.306, Education Code, as amended by
1-10 Chapters 76, 362, 747, 777, and 804, Acts of the 74th Legislature,
1-11 1995, is amended to read as follows:
1-12 Sec. 51.306. TEXAS ACADEMIC SKILLS PROGRAM [TESTING AND
1-13 REMEDIAL COURSEWORK]. (a) In this section:
1-14 (1) "Board," "institution of higher education," [and]
1-15 "private or independent institution of higher education," "general
1-16 academic teaching institution," "public junior college," and
1-17 "public technical institute" have the meanings assigned by Section
1-18 61.003 of this code.
1-19 (2) "Deaf student" means a student who is a deaf
1-20 person as defined by Section 54.205(a) of this code.
1-21 (3) "Blind student" means a student who is a blind
1-22 person as defined by Section 54.205(a) of this code.
1-23 (b) Each undergraduate student [All students in the
1-24 following categories] who enters a [enter] public institution
2-1 [institutions] of higher education must be tested for reading,
2-2 writing, and mathematics skills prior to enrolling in any
2-3 coursework. The board shall prescribe circumstances under which a
2-4 student who has not been tested may enroll in coursework. A
2-5 student who is permitted to enroll without taking the test
2-6 prescribed by the board must take the test under Subsection (c) not
2-7 later than the end of the first semester of enrollment[:]
2-8 [(1) all full-time and part-time freshmen enrolled in
2-9 a degree program;]
2-10 [(2) any other student, prior to the accumulation of
2-11 nine or more semester credit hours or the equivalent; and]
2-12 [(3) any transfer student with fewer than 60 semester
2-13 credit hours or the equivalent who has not previously taken the
2-14 tests].
2-15 (c) For purposes of Subsection (b) [that purpose], the
2-16 institution shall use the Texas Academic Skills Program Test [a
2-17 test] instrument prescribed by the board. However, the board may
2-18 prescribe an alternative test instrument for an institution to use
2-19 to test a student. Each alternative test instrument prescribed
2-20 shall be correlated with the Texas Academic Skills Program Test.
2-21 Each [The same instrument shall be used at all public institutions
2-22 of higher education.]
2-23 [(c) The] test instrument adopted by the board must be of a
2-24 diagnostic nature and be designed to provide a comparison of the
2-25 skill level of the individual student with the skill level
2-26 necessary for a student to perform effectively in an undergraduate
2-27 degree program. In developing the Texas Academic Skills Program
3-1 Test [test], the board shall consider the recommendations of
3-2 faculty from various institutions of higher education.
3-3 (d) An institution may not use performance on the test as a
3-4 condition of admission into the institution.
3-5 (e) The board shall prescribe minimum performance standards
3-6 for each [the] test instrument. A student whose performance is
3-7 below the standard for tested skill must participate in a
3-8 developmental [remediation] program. An institution may require
3-9 higher performance standards.
3-10 (f) If the test results indicate that developmental
3-11 [remedial] education is necessary in any area tested, the
3-12 institution shall refer the student to developmental [remedial]
3-13 courses or other developmental [remedial] programs made available
3-14 by the institution. Each institution shall make available those
3-15 courses and programs on the same campus at which the student would
3-16 otherwise attend classes. The courses or programs may not be
3-17 considered as credit toward completion of degree requirements. On
3-18 completion of the developmental coursework or program, the student
3-19 shall take that portion of the Texas Academic Skills Program Test
3-20 for which developmental education was required.
3-21 (g) A student may not enroll in any upper division course
3-22 completion of which would give the student 60 or more semester
3-23 credit hours or the equivalent until the student's Texas Academic
3-24 Skills Program Test [test] results meet or exceed the minimum
3-25 standards in each skill area for which developmental education was
3-26 required or the student has earned a grade of "B" or better in a
3-27 freshman-level credit course in the subject matter of the assessed
4-1 deficit. For that purpose, the board shall establish a list of
4-2 freshman-level credit courses for each skill area of the test
4-3 instrument [all test scores]. The board shall establish other
4-4 assessment procedures to be used by institutions [in exceptional
4-5 cases] to allow a student to enroll in upper division courses in
4-6 cases where student test results do not meet minimum standards.
4-7 (h) The state shall [continue to] fund approved nondegree
4-8 credit developmental [remedial] courses; however, a general
4-9 academic teaching institution may not receive funding for
4-10 developmental coursework taken by a student in excess of 18
4-11 semester credit hours, and a public junior college or public
4-12 technical institute may not receive funding for developmental
4-13 coursework taken by a student in excess of 27 semester credit
4-14 hours. Additionally, the board shall develop formulas to augment
4-15 institutional funding of other developmental [remedial] academic
4-16 programs and shall develop a performance funding formula by which
4-17 institutions may receive additional funding for each student who
4-18 successfully completes the developmental courses. The additional
4-19 funding required under such formulas shall be met by state
4-20 appropriation [for fiscal years 1990-1991 and thereafter].
4-21 (i) Each institution shall establish an advising program to
4-22 advise students at every level of courses and degree options that
4-23 are appropriate for the individual student.
4-24 (j) The unit costs of each test shall be borne by the
4-25 student. Costs of administering the tests to students shown to be
4-26 financially needy under criteria established by the board shall be
4-27 borne by the state through appropriation to the board for that
5-1 purpose or other sources of funds. Additionally, appropriation
5-2 shall be made to the board to cover overall administrative costs of
5-3 the testing program.
5-4 (k) Each institution shall report annually to the board, on
5-5 or before a day set by rule of the board, concerning the results of
5-6 the students being tested and the effectiveness of the
5-7 institution's developmental [remedial] program and advising
5-8 program. In addition, the board shall publish annually a summary
5-9 of the report required by Section 51.403(e) identifying [The report
5-10 shall identify] by name the high school from which each tested
5-11 student graduated and a statement as to whether or not the
5-12 student's performance was above or below the standard. The summary
5-13 must include the number of students at each high school who took
5-14 and passed the test while enrolled in high school. For the
5-15 purposes of this report, students shall not be identified by name.
5-16 The board shall publish annually a report summarizing by
5-17 institution of higher education for each academic year the total
5-18 number of students who:
5-19 (1) entered a developmental program;
5-20 (2) completed developmental courses;
5-21 (3) took the Texas Academic Skills Program Test after
5-22 completing developmental courses;
5-23 (4) passed the Texas Academic Skills Program Test
5-24 after completing developmental courses; and
5-25 (5) satisfied the requirement of Subsection (g) in
5-26 each skill area by earning an acceptable grade in an approved
5-27 course as permitted by that subsection.
6-1 (l) [(m)(1)] A high school student who performs at or above
6-2 a level set by the board on the exit-level assessment required
6-3 under Section 39.023 [on the Texas Assessment of Academic Skills
6-4 test to be set by the board] is exempt from this section. The
6-5 level set by the board may not exceed a level that is equivalent to
6-6 a 95 percent probability of passing the Texas Academic Skills
6-7 Program Test. This exemption will be in effect for three years
6-8 from the date a student takes the assessment and achieves [the
6-9 Texas Assessment of Academic Skills test is taken and] the set
6-10 score level [is achieved]. A student [Students] enrolling for the
6-11 first time in an institution of higher education [Texas public
6-12 colleges and universities] after the three-year period has elapsed
6-13 must conform to all provisions of this section.
6-14 (m) An entering [(2) Entering] or transferring student
6-15 [students] who has [have] achieved a score to be set by the board
6-16 on the Scholastic Assessment Test or the American College Test is
6-17 [are] exempt from the requirements of this section. The score set
6-18 by the board may not exceed a score that is equivalent to a 95
6-19 percent probability of passing the Texas Academic Skills Program
6-20 Test. This exemption is effective [will be in effect] for five
6-21 years from the date [either] the Scholastic Assessment Test or the
6-22 American College Test is taken and the set standard is achieved. A
6-23 student [Students] enrolling for the first time in an institution
6-24 of higher education [Texas public colleges and universities] after
6-25 the five-year period has elapsed must conform to all provisions of
6-26 this section.
6-27 (n) This section applies to a blind student only if the test
7-1 is administered to that student in large print or Braille or is
7-2 administered by audio cassette or by a reader, as appropriate to
7-3 that student.
7-4 (o) A student at an institution of higher education is
7-5 exempt from the requirements of this section if the student enrolls
7-6 on a temporary basis at the institution of higher education and:
7-7 (1) is also enrolled at an accredited private or
7-8 independent institution of higher education or an accredited
7-9 out-of-state institution of higher education; or
7-10 (2) has graduated from an institution of higher
7-11 education, an accredited private or independent institution of
7-12 higher education, or an accredited out-of-state institution of
7-13 higher education.
7-14 (p) To receive an exemption under Subsection (o) of this
7-15 section, a student must present to the institution of higher
7-16 education at which the student seeks the exemption as evidence of
7-17 enrollment in another institution:
7-18 (1) a transcript, grade report, or paid fee receipt
7-19 from the preceding semester; or
7-20 (2) any other evidence acceptable to the institution
7-21 of higher education as proof of enrollment in the other
7-22 institution.
7-23 (q) An exemption under Subsection (o) of this section
7-24 terminates if the student:
7-25 (1) enrolls on a permanent basis in an institution of
7-26 higher education; or
7-27 (2) enrolls in a certificate or degree program at an
8-1 institution of higher education.
8-2 (r) This section does not apply to:
8-3 (1) a student who accumulated three or more
8-4 college-level semester credit hours prior to the 1989 fall
8-5 semester;
8-6 (2) a student located outside this state who enrolls
8-7 in a course offered outside this state by an institution of higher
8-8 education;
8-9 (3) a deaf student;
8-10 (4) a student who has graduated with a baccalaureate
8-11 degree from an institution of higher education, an accredited
8-12 private or independent institution of higher education, or an
8-13 accredited out-of-state institution of higher education;
8-14 (5) a student enrolled in a certificate program at a
8-15 community or technical college of one year or less; or
8-16 (6) a student who is a citizen of a country other than
8-17 the United States and is not seeking a degree.
8-18 (s) [(p)] An institution of higher education shall provide
8-19 to each student [under Subsection (b) of this section] who is
8-20 accepted by the institution for admission and to whom this section
8-21 applies information in the institution's catalog relating to the
8-22 testing and developmental [remedial] requirements of this section
8-23 and of the rules adopted by the Texas Higher Education Coordinating
8-24 Board.
8-25 (t) [(q) This section does not apply to a deaf student.]
8-26 [(q)] An institution may exempt a non-degree-seeking or
8-27 non-certificate-seeking student who will be 55 years of age or
9-1 older on the first class day of a term or semester from the testing
9-2 requirements imposed by this section as a condition for enrollment
9-3 during that term or semester in a course.
9-4 (u) [(q) This section does not apply to a student at an
9-5 institution of higher education who:]
9-6 [(1) enrolls on a temporary basis in the institution
9-7 of higher education; and]
9-8 [(2) is also enrolled in a private or independent
9-9 institution of higher education or an out-of-state institution of
9-10 higher education or has graduated from an institution of higher
9-11 education, a private or independent institution of higher
9-12 education, or an out-of-state institution of higher education.]
9-13 [(q)] A student who has been diagnosed as having dyslexia or
9-14 a related disorder, as those terms are defined by Section 38.003
9-15 [21.924(a)], or a specific learning disability in mathematics by a
9-16 qualified professional whose license or credentials are appropriate
9-17 to diagnose the disorder or disability as determined by the board
9-18 and who completes the developmental [remedial] program prescribed
9-19 by the institution may be required to retake the test once but may
9-20 not be referred to an additional developmental [remedial] course or
9-21 other developmental [remedial] program or precluded from enrolling
9-22 in an upper division course because of the student's performance on
9-23 the test.
9-24 (v) A student who has passed the exit-level assessment
9-25 required under Section 39.023 shall be encouraged to take the test
9-26 required by this section while enrolled in high school unless the
9-27 student's scores on the exit-level assessment required under
10-1 Section 39.023, on the Scholastic Assessment Test, or on the
10-2 American College Test exempt the student from the test requirement
10-3 as provided by this section. The Texas Education Agency shall work
10-4 with the board to encourage eligible students to take the test;
10-5 however, taking the test shall be voluntary.
10-6 (w)(1) The provisions of this subsection apply to high
10-7 school students taking the test required by this section.
10-8 (2) Each eligible high school student shall pay for
10-9 the cost of taking the test unless funds are appropriated for that
10-10 purpose. If funds are appropriated for that purpose, the board and
10-11 the Texas Education Agency shall develop a mechanism for the
10-12 payment of the cost of the test.
10-13 (3) The board shall arrange for the test to be offered
10-14 to high school students outside of regularly scheduled school days
10-15 and at locations throughout the state.
10-16 (4) Except as authorized by the student, test scores
10-17 of a high school student shall be reported only to the student and
10-18 the student's parents.
10-19 (5) A high school student who fails to achieve the
10-20 minimum required score set by the board may not be required to take
10-21 developmental classes while in high school. However, after
10-22 graduation from high school, a student who enters a public
10-23 institution of higher education must comply with the provisions of
10-24 this section.
10-25 (6) A high school student who achieves the minimum
10-26 required score set by the board shall be deemed to have met the
10-27 requirements of this section when enrolling at an institution of
11-1 higher education, provided that the student enrolls in the
11-2 institution not later than five years from the date the test is
11-3 taken and the set score level is achieved. A student enrolling for
11-4 the first time in an institution of higher education after the
11-5 five-year period has elapsed must comply with all provisions of
11-6 this section.
11-7 (7) The board and the Texas Education Agency shall
11-8 work together to provide high school students, their parents, and
11-9 their schools with information about the Texas Academic Skills
11-10 Program and assist them in interpreting the results of the test.
11-11 [(r) To receive an exemption under Subsection (q), a student
11-12 must:]
11-13 [(1) if the student claims the exemption because the
11-14 student is also enrolled in a private or independent institution of
11-15 higher education or an out-of-state institution of higher
11-16 education, present to the institution of higher education at which
11-17 the student seeks the exemption as evidence of enrollment in the
11-18 other institution:]
11-19 [(A) a transcript, grade report, or paid fee
11-20 receipt from the preceding semester; or]
11-21 [(B) any other evidence acceptable to the
11-22 institution of higher education as proof of enrollment in the other
11-23 institution;]
11-24 [(2) if the student claims the exemption because the
11-25 student has graduated from an institution of higher education, a
11-26 private or independent institution of higher education, or an
11-27 out-of-state institution of higher education, present to the
12-1 institution of higher education at which the student seeks the
12-2 exemption as evidence of graduation from the other institution a
12-3 diploma or transcript; and]
12-4 [(3) sign a form stating that the student does not
12-5 intend to enroll on a permanent basis in or receive a certificate
12-6 or degree from the institution of higher education at which the
12-7 student seeks the exemption.]
12-8 [(s) An exemption under Subsection (q) terminates if the
12-9 student:]
12-10 [(1) enrolls on a permanent basis in the institution
12-11 of higher education; or]
12-12 [(2) enrolls in a certificate or degree program at the
12-13 institution of higher education.]
12-14 [(s) This section does not apply to a student enrolled in a
12-15 certificate program of one year or less.]
12-16 Explanation: This change is necessary in order to provide
12-17 improvements to the present procedures relating to the testing of
12-18 students at institutions of higher education for competency in
12-19 certain skill areas and to the requirement that certain students
12-20 take developmental courses in order to improve their skills in
12-21 those areas.
12-22 (2) House Rule 13, Sections 9(a)(1), (3), and (4), are
12-23 suspended to permit the committee to amend text that is not in
12-24 disagreement and to add additional text not included in either the
12-25 house or the senate version of the bill, by adding the following
12-26 text:
12-27 SECTION 4. (a) Not later than September 1, 1998, the Texas
13-1 Higher Education Coordinating Board shall adopt rules to implement
13-2 Subchapter S, Chapter 61, Education Code, as added by this Act.
13-3 (b) The change in law made by this Act to Section 51.306(b),
13-4 Education Code, requiring each student to be tested for reading,
13-5 writing, and mathematics skills before enrolling in course work,
13-6 takes effect beginning with the fall semester 1998.
13-7 Explanation: This change is necessary in order to provide
13-8 for implementing the changes in law made by Section 2 of the bill.