AN ACT
1-1 relating to the curricula of certain institutions of higher
1-2 education, including skills testing and developmental coursework.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 61, Education Code, is amended by adding
1-5 Subchapter S to read as follows:
1-6 SUBCHAPTER S. TRANSFER OF CREDIT
1-7 Sec. 61.821. DEFINITIONS. In this subchapter:
1-8 (1) "Core curriculum" means the curriculum in liberal
1-9 arts, humanities, and sciences and political, social, and cultural
1-10 history that all undergraduate students of an institution of higher
1-11 education are required to complete before receiving an academic
1-12 undergraduate degree.
1-13 (2) "Field of study curriculum" means a set of courses
1-14 that will satisfy the lower division requirements for a bachelor's
1-15 degree in a specific academic area at a general academic teaching
1-16 institution.
1-17 Sec. 61.822. CORE CURRICULUM. (a) The board, with the
1-18 assistance of advisory committees composed of representatives of
1-19 institutions of higher education, shall develop a recommended core
1-20 curriculum of at least 42 semester credit hours, including a
1-21 statement of the content, component areas, and objectives of the
1-22 core curriculum. At least a majority of the members of any
1-23 advisory committee named under this section shall be faculty
2-1 members of an institution of higher education.
2-2 (b) Each institution of higher education shall adopt a core
2-3 curriculum of no less than 42 semester credit hours, including
2-4 specific courses comprising the curriculum. The core curriculum
2-5 shall be consistent with the common course-numbering system and
2-6 with the statement, recommendations, and rules issued by the board.
2-7 An institution may have a core curriculum of other than 42 semester
2-8 credit hours only if approved by the board.
2-9 (c) If a student successfully completes the 42-hour core
2-10 curriculum at an institution of higher education, that block of
2-11 courses may be transferred to any other institution of higher
2-12 education and must be substituted for the receiving institution's
2-13 core curriculum. A student shall receive academic credit for each
2-14 of the courses transferred and may not be required to take
2-15 additional core curriculum courses at the receiving institution
2-16 unless the board has approved a larger core curriculum at the
2-17 institution.
2-18 (d) A student who transfers from one institution of higher
2-19 education to another without completing the core curriculum of the
2-20 sending institution shall receive academic credit from the
2-21 receiving institution for each of the courses that the student has
2-22 successfully completed in the core curriculum of the sending
2-23 institution. Following receipt of credit for these courses, the
2-24 student may be required to satisfy further course requirements in
2-25 the core curriculum of the receiving institution.
3-1 Sec. 61.823. FIELD OF STUDY CURRICULUM. (a) The board,
3-2 with the assistance of advisory committees composed of
3-3 representatives of institutions of higher education, shall develop
3-4 field of study curricula. Each advisory committee shall be
3-5 equitably composed of representatives of institutions of higher
3-6 education. Each university system or institution of higher
3-7 education which offers a degree program for which a field of study
3-8 curriculum is proposed shall be offered participation on the
3-9 advisory committee for that particular field of study. At least a
3-10 majority of the members of any advisory committee named under this
3-11 section shall be faculty members of an institution of higher
3-12 education.
3-13 (b) If a student successfully completes a field of study
3-14 curriculum developed by the board, that block of courses may be
3-15 transferred to a general academic teaching institution and must be
3-16 substituted for that institution's lower division requirements for
3-17 the degree program for the field of study into which the student
3-18 transfers, and the student shall receive full academic credit
3-19 toward the degree program for the block of courses transferred.
3-20 (c) A student who transfers from one institution of higher
3-21 education to another without completing the field of study
3-22 curriculum of the sending institution shall receive academic credit
3-23 from the receiving institution for each of the courses that the
3-24 student has successfully completed in the field of study curriculum
3-25 of the sending institution. Following receipt of credit for these
4-1 courses, the student may be required to satisfy further course
4-2 requirements in the field of study curriculum of the receiving
4-3 institution.
4-4 Sec. 61.824. INSTITUTIONAL EVALUATIONS. Each institution
4-5 shall review and evaluate the institution's core curriculum and
4-6 applicable field of study curricula at intervals specified by the
4-7 board and shall report the results of that review to the board.
4-8 Sec. 61.825. BOARD EVALUATIONS. The board shall develop
4-9 criteria to evaluate the transfer practices of each institution of
4-10 higher education and shall evaluate the transfer practices of each
4-11 institution based on those criteria.
4-12 Sec. 61.826. DISPUTE RESOLUTION. (a) The board by rule
4-13 shall adopt procedures to be followed by:
4-14 (1) institutions of higher education in resolving
4-15 disputes concerning the transfer of lower division course credit;
4-16 and
4-17 (2) the commissioner of higher education or the
4-18 commissioner's designee in making a final determination concerning
4-19 transfer of the course credit if the transfer is in dispute.
4-20 (b) Each institution of higher education shall publish in
4-21 its course catalogs the procedures adopted by the board under
4-22 Subsection (a).
4-23 (c) If an institution of higher education does not accept
4-24 course credit earned by a student at another institution of higher
4-25 education, that institution shall give written notice to the
5-1 student and the other institution that the transfer of the course
5-2 credit is denied. The two institutions and the student shall
5-3 attempt to resolve the transfer of the course credit in accordance
5-4 with board rules. If the transfer dispute is not resolved to the
5-5 satisfaction of the student or the institution at which the credit
5-6 was earned within 45 days after the date the student received
5-7 written notice of the denial, the institution that denies the
5-8 transfer of the course credit shall notify the commissioner of
5-9 higher education of its denial and the reasons for the denial.
5-10 (d) The commissioner of higher education or the
5-11 commissioner's designee shall make the final determination about a
5-12 dispute concerning the transfer of course credit and give written
5-13 notice of the determination to the involved student and
5-14 institutions.
5-15 (e) The board shall collect data on the types of transfer
5-16 disputes that are reported and the disposition of each case that is
5-17 considered by the commissioner of higher education or the
5-18 commissioner's designee.
5-19 Sec. 61.827. RULES. The board is authorized to adopt rules
5-20 implementing the provisions of this subchapter.
5-21 Sec. 61.828. CONCURRENTLY ENROLLED STUDENTS. A student
5-22 concurrently enrolled at more than one institution of higher
5-23 education shall follow the core curriculum or the field of study
5-24 curriculum of the institution in which the student is classified as
5-25 a degree-seeking student.
6-1 Sec. 61.829. EFFECT ON OTHER POLICIES. This subchapter does
6-2 not affect the authority of an institution of higher education to
6-3 adopt its own admission standards in compliance with this title or
6-4 its own grading policies.
6-5 SECTION 2. Section 51.306, Education Code, as amended by
6-6 Chapters 76, 362, 747, 777, and 804, Acts of the 74th Legislature,
6-7 1995, is amended to read as follows:
6-8 Sec. 51.306. TEXAS ACADEMIC SKILLS PROGRAM [TESTING AND
6-9 REMEDIAL COURSEWORK]. (a) In this section:
6-10 (1) "Board," "institution of higher education," [and]
6-11 "private or independent institution of higher education," "general
6-12 academic teaching institution," "public junior college," and
6-13 "public technical institute" have the meanings assigned by Section
6-14 61.003 of this code.
6-15 (2) "Deaf student" means a student who is a deaf
6-16 person as defined by Section 54.205(a) of this code.
6-17 (3) "Blind student" means a student who is a blind
6-18 person as defined by Section 54.205(a) of this code.
6-19 (b) Each undergraduate student [All students in the
6-20 following categories] who enters a [enter] public institution
6-21 [institutions] of higher education must be tested for reading,
6-22 writing, and mathematics skills prior to enrolling in any
6-23 coursework. The board shall prescribe circumstances under which a
6-24 student who has not been tested may enroll in coursework. A
6-25 student who is permitted to enroll without taking the test
7-1 prescribed by the board must take the test under Subsection (c) not
7-2 later than the end of the first semester of enrollment[:]
7-3 [(1) all full-time and part-time freshmen enrolled in
7-4 a degree program;]
7-5 [(2) any other student, prior to the accumulation of
7-6 nine or more semester credit hours or the equivalent; and]
7-7 [(3) any transfer student with fewer than 60 semester
7-8 credit hours or the equivalent who has not previously taken the
7-9 tests].
7-10 (c) For purposes of Subsection (b) [that purpose], the
7-11 institution shall use the Texas Academic Skills Program Test [a
7-12 test] instrument prescribed by the board. However, the board may
7-13 prescribe an alternative test instrument for an institution to use
7-14 to test a student. Each alternative test instrument prescribed
7-15 shall be correlated with the Texas Academic Skills Program Test.
7-16 Each [The same instrument shall be used at all public institutions
7-17 of higher education.]
7-18 [(c) The] test instrument adopted by the board must be of a
7-19 diagnostic nature and be designed to provide a comparison of the
7-20 skill level of the individual student with the skill level
7-21 necessary for a student to perform effectively in an undergraduate
7-22 degree program. In developing the Texas Academic Skills Program
7-23 Test [test], the board shall consider the recommendations of
7-24 faculty from various institutions of higher education.
7-25 (d) An institution may not use performance on the test as a
8-1 condition of admission into the institution.
8-2 (e) The board shall prescribe minimum performance standards
8-3 for each [the] test instrument. A student whose performance is
8-4 below the standard for tested skill must participate in a
8-5 developmental [remediation] program. An institution may require
8-6 higher performance standards.
8-7 (f) If the test results indicate that developmental
8-8 [remedial] education is necessary in any area tested, the
8-9 institution shall refer the student to developmental [remedial]
8-10 courses or other developmental [remedial] programs made available
8-11 by the institution. Each institution shall make available those
8-12 courses and programs on the same campus at which the student would
8-13 otherwise attend classes. The courses or programs may not be
8-14 considered as credit toward completion of degree requirements. On
8-15 completion of the developmental coursework or program, the student
8-16 shall take that portion of the Texas Academic Skills Program Test
8-17 for which developmental education was required.
8-18 (g) A student may not enroll in any upper division course
8-19 completion of which would give the student 60 or more semester
8-20 credit hours or the equivalent until the student's Texas Academic
8-21 Skills Program Test [test] results meet or exceed the minimum
8-22 standards in each skill area for which developmental education was
8-23 required or the student has earned a grade of "B" or better in a
8-24 freshman-level credit course in the subject matter of the assessed
8-25 deficit. For that purpose, the board shall establish a list of
9-1 freshman-level credit courses for each skill area of the test
9-2 instrument [all test scores]. The board shall establish other
9-3 assessment procedures to be used by institutions [in exceptional
9-4 cases] to allow a student to enroll in upper division courses in
9-5 cases where student test results do not meet minimum standards.
9-6 (h) The state shall [continue to] fund approved nondegree
9-7 credit developmental [remedial] courses; however, a general
9-8 academic teaching institution may not receive funding for
9-9 developmental coursework taken by a student in excess of 18
9-10 semester credit hours, and a public junior college or public
9-11 technical institute may not receive funding for developmental
9-12 coursework taken by a student in excess of 27 semester credit
9-13 hours. Additionally, the board shall develop formulas to augment
9-14 institutional funding of other developmental [remedial] academic
9-15 programs and shall develop a performance funding formula by which
9-16 institutions may receive additional funding for each student who
9-17 successfully completes the developmental courses. The additional
9-18 funding required under such formulas shall be met by state
9-19 appropriation [for fiscal years 1990-1991 and thereafter].
9-20 (i) Each institution shall establish an advising program to
9-21 advise students at every level of courses and degree options that
9-22 are appropriate for the individual student.
9-23 (j) The unit costs of each test shall be borne by the
9-24 student. Costs of administering the tests to students shown to be
9-25 financially needy under criteria established by the board shall be
10-1 borne by the state through appropriation to the board for that
10-2 purpose or other sources of funds. Additionally, appropriation
10-3 shall be made to the board to cover overall administrative costs of
10-4 the testing program.
10-5 (k) Each institution shall report annually to the board, on
10-6 or before a day set by rule of the board, concerning the results of
10-7 the students being tested and the effectiveness of the
10-8 institution's developmental [remedial] program and advising
10-9 program. In addition, the board shall publish annually a summary
10-10 of the report required by Section 51.403(e) identifying [The report
10-11 shall identify] by name the high school from which each tested
10-12 student graduated and a statement as to whether or not the
10-13 student's performance was above or below the standard. The summary
10-14 must include the number of students at each high school who took
10-15 and passed the test while enrolled in high school. For the
10-16 purposes of this report, students shall not be identified by name.
10-17 The board shall publish annually a report summarizing by
10-18 institution of higher education for each academic year the total
10-19 number of students who:
10-20 (1) entered a developmental program;
10-21 (2) completed developmental courses;
10-22 (3) took the Texas Academic Skills Program Test after
10-23 completing developmental courses;
10-24 (4) passed the Texas Academic Skills Program Test
10-25 after completing developmental courses; and
11-1 (5) satisfied the requirement of Subsection (g) in
11-2 each skill area by earning an acceptable grade in an approved
11-3 course as permitted by that subsection.
11-4 (l) [(m)(1)] A high school student who performs at or above
11-5 a level set by the board on the exit-level assessment required
11-6 under Section 39.023 [on the Texas Assessment of Academic Skills
11-7 test to be set by the board] is exempt from this section. The
11-8 level set by the board may not exceed a level that is equivalent to
11-9 a 95 percent probability of passing the Texas Academic Skills
11-10 Program Test. This exemption will be in effect for three years
11-11 from the date a student takes the assessment and achieves [the
11-12 Texas Assessment of Academic Skills test is taken and] the set
11-13 score level [is achieved]. A student [Students] enrolling for the
11-14 first time in an institution of higher education [Texas public
11-15 colleges and universities] after the three-year period has elapsed
11-16 must conform to all provisions of this section.
11-17 (m) An entering [(2) Entering] or transferring student
11-18 [students] who has [have] achieved a score to be set by the board
11-19 on the Scholastic Assessment Test or the American College Test is
11-20 [are] exempt from the requirements of this section. The score set
11-21 by the board may not exceed a score that is equivalent to a 95
11-22 percent probability of passing the Texas Academic Skills Program
11-23 Test. This exemption is effective [will be in effect] for five
11-24 years from the date [either] the Scholastic Assessment Test or the
11-25 American College Test is taken and the set standard is achieved. A
12-1 student [Students] enrolling for the first time in an institution
12-2 of higher education [Texas public colleges and universities] after
12-3 the five-year period has elapsed must conform to all provisions of
12-4 this section.
12-5 (n) This section applies to a blind student only if the test
12-6 is administered to that student in large print or Braille or is
12-7 administered by audio cassette or by a reader, as appropriate to
12-8 that student.
12-9 (o) A student at an institution of higher education is
12-10 exempt from the requirements of this section if the student enrolls
12-11 on a temporary basis at the institution of higher education and:
12-12 (1) is also enrolled at an accredited private or
12-13 independent institution of higher education or an accredited
12-14 out-of-state institution of higher education; or
12-15 (2) has graduated from an institution of higher
12-16 education, an accredited private or independent institution of
12-17 higher education, or an accredited out-of-state institution of
12-18 higher education.
12-19 (p) To receive an exemption under Subsection (o), a student
12-20 must present to the institution of higher education at which the
12-21 student seeks the exemption as evidence of enrollment in another
12-22 institution:
12-23 (1) a transcript, grade report, or paid fee receipt
12-24 from the preceding semester; or
12-25 (2) any other evidence acceptable to the institution
13-1 of higher education as proof of enrollment in the other
13-2 institution.
13-3 (q) An exemption under Subsection (o) terminates if the
13-4 student:
13-5 (1) enrolls on a permanent basis in an institution of
13-6 higher education; or
13-7 (2) enrolls in a certificate or degree program at an
13-8 institution of higher education.
13-9 (r) This section does not apply to:
13-10 (1) a student who accumulated three or more
13-11 college-level semester credit hours prior to the 1989 fall
13-12 semester;
13-13 (2) a student located outside this state who enrolls
13-14 in a course offered outside this state by an institution of higher
13-15 education;
13-16 (3) a deaf student;
13-17 (4) a student who has graduated with a baccalaureate
13-18 degree from an institution of higher education, an accredited
13-19 private or independent institution of higher education, or an
13-20 accredited out-of-state institution of higher education;
13-21 (5) a student enrolled in a certificate program at a
13-22 community or technical college of one year or less; or
13-23 (6) a student who is a citizen of a country other than
13-24 the United States and is not seeking a degree.
13-25 (s) [(p)] An institution of higher education shall provide
14-1 to each student [under Subsection (b) of this section] who is
14-2 accepted by the institution for admission and to whom this section
14-3 applies information in the institution's catalog relating to the
14-4 testing and developmental [remedial] requirements of this section
14-5 and of the rules adopted by the Texas Higher Education Coordinating
14-6 Board.
14-7 (t) [(q) This section does not apply to a deaf student.]
14-8 [(q)] An institution may exempt a non-degree-seeking or
14-9 non-certificate-seeking student who will be 55 years of age or
14-10 older on the first class day of a term or semester from the testing
14-11 requirements imposed by this section as a condition for enrollment
14-12 during that term or semester in a course.
14-13 (u) [(q) This section does not apply to a student at an
14-14 institution of higher education who:]
14-15 [(1) enrolls on a temporary basis in the institution
14-16 of higher education; and]
14-17 [(2) is also enrolled in a private or independent
14-18 institution of higher education or an out-of-state institution of
14-19 higher education or has graduated from an institution of higher
14-20 education, a private or independent institution of higher
14-21 education, or an out-of-state institution of higher education.]
14-22 [(q)] A student who has been diagnosed as having dyslexia or
14-23 a related disorder, as those terms are defined by Section 38.003
14-24 [21.924(a)], or a specific learning disability in mathematics by a
14-25 qualified professional whose license or credentials are appropriate
15-1 to diagnose the disorder or disability as determined by the board
15-2 and who completes the developmental [remedial] program prescribed
15-3 by the institution may be required to retake the test once but may
15-4 not be referred to an additional developmental [remedial] course or
15-5 other developmental [remedial] program or precluded from enrolling
15-6 in an upper division course because of the student's performance on
15-7 the test.
15-8 (v) A student who has passed the exit-level assessment
15-9 required under Section 39.023 shall be encouraged to take the test
15-10 required by this section while enrolled in high school unless the
15-11 student's scores on the exit-level assessment required under
15-12 Section 39.023, on the Scholastic Assessment Test, or on the
15-13 American College Test exempt the student from the test requirement
15-14 as provided by this section. The Texas Education Agency shall work
15-15 with the board to encourage eligible students to take the test;
15-16 however, taking the test shall be voluntary.
15-17 (w)(1) The provisions of this subsection apply to high
15-18 school students taking the test required by this section.
15-19 (2) Each eligible high school student shall pay for
15-20 the cost of taking the test unless funds are appropriated for that
15-21 purpose. If funds are appropriated for that purpose, the board and
15-22 the Texas Education Agency shall develop a mechanism for the
15-23 payment of the cost of the test.
15-24 (3) The board shall arrange for the test to be offered
15-25 to high school students outside of regularly scheduled school days
16-1 and at locations throughout the state.
16-2 (4) Except as authorized by the student, test scores
16-3 of a high school student shall be reported only to the student and
16-4 the student's parents.
16-5 (5) A high school student who fails to achieve the
16-6 minimum required score set by the board may not be required to take
16-7 developmental classes while in high school. However, after
16-8 graduation from high school, a student who enters a public
16-9 institution of higher education must comply with the provisions of
16-10 this section.
16-11 (6) A high school student who achieves the minimum
16-12 required score set by the board shall be deemed to have met the
16-13 requirements of this section when enrolling at an institution of
16-14 higher education, provided that the student enrolls in the
16-15 institution not later than five years from the date the test is
16-16 taken and the set score level is achieved. A student enrolling for
16-17 the first time in an institution of higher education after the
16-18 five-year period has elapsed must comply with all provisions of
16-19 this section.
16-20 (7) The board and the Texas Education Agency shall
16-21 work together to provide high school students, their parents, and
16-22 their schools with information about the Texas Academic Skills
16-23 Program and assist them in interpreting the results of the test.
16-24 [(r) To receive an exemption under Subsection (q), a student
16-25 must:]
17-1 [(1) if the student claims the exemption because the
17-2 student is also enrolled in a private or independent institution of
17-3 higher education or an out-of-state institution of higher
17-4 education, present to the institution of higher education at which
17-5 the student seeks the exemption as evidence of enrollment in the
17-6 other institution:]
17-7 [(A) a transcript, grade report, or paid fee
17-8 receipt from the preceding semester; or]
17-9 [(B) any other evidence acceptable to the
17-10 institution of higher education as proof of enrollment in the other
17-11 institution;]
17-12 [(2) if the student claims the exemption because the
17-13 student has graduated from an institution of higher education, a
17-14 private or independent institution of higher education, or an
17-15 out-of-state institution of higher education, present to the
17-16 institution of higher education at which the student seeks the
17-17 exemption as evidence of graduation from the other institution a
17-18 diploma or transcript; and]
17-19 [(3) sign a form stating that the student does not
17-20 intend to enroll on a permanent basis in or receive a certificate
17-21 or degree from the institution of higher education at which the
17-22 student seeks the exemption.]
17-23 [(s) An exemption under Subsection (q) terminates if the
17-24 student:]
17-25 [(1) enrolls on a permanent basis in the institution
18-1 of higher education; or]
18-2 [(2) enrolls in a certificate or degree program at the
18-3 institution of higher education.]
18-4 [(s) This section does not apply to a student enrolled in a
18-5 certificate program of one year or less.]
18-6 SECTION 3. Sections 51.305 and 61.078, Education Code, are
18-7 repealed.
18-8 SECTION 4. (a) Not later than September 1, 1998, the Texas
18-9 Higher Education Coordinating Board shall adopt rules to implement
18-10 Subchapter S, Chapter 61, Education Code, as added by this Act.
18-11 (b) The change in law made by this Act to Subsection (b),
18-12 Section 51.306, Education Code, requiring each student to be tested
18-13 for reading, writing, and mathematics skills before enrolling in
18-14 course work, takes effect beginning with the fall semester 1998.
18-15 SECTION 5. The importance of this legislation and the
18-16 crowded condition of the calendars in both houses create an
18-17 emergency and an imperative public necessity that the
18-18 constitutional rule requiring bills to be read on three several
18-19 days in each house be suspended, and this rule is hereby suspended,
18-20 and that this Act take effect and be in force from and after its
18-21 passage, and it is so enacted.
S.B. No. 148
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 148 passed the Senate on
February 11, 1997, by the following vote: Yeas 30, Nays 0;
May 29, 1997, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 30, 1997, House
granted request of the Senate; May 31, 1997, Senate adopted
Conference Committee Report by the following vote: Yeas 30,
Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 148 passed the House, with
amendments, on May 25, 1997, by the following vote: Yeas 141,
Nays 0, one present not voting; May 30, 1997, House granted request
of the Senate for appointment of Conference Committee;
May 31, 1997, House adopted Conference Committee Report by the
following vote: Yeas 124, Nays 17, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor