By: Bivins S.B. No. 729
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Texas Academic Skills Program for students at
1-2 public institutions of higher education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.306, Education Code, as amended by
1-5 Chapters 76, 362, 747, 777, and 804, Acts of the 74th Legislature,
1-6 1995, is amended to read as follows:
1-7 Sec. 51.306. TEXAS ACADEMIC SKILLS PROGRAM [TESTING AND
1-8 REMEDIAL COURSEWORK]. (a) In this section:
1-9 (1) "Board," "institution of higher education," [and]
1-10 "private or independent institution of higher education," "general
1-11 academic teaching institution," "public junior college," and
1-12 "public technical institute" have the meanings assigned by Section
1-13 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) Each undergraduate student [All students in the
1-19 following categories] who enters a [enter] public institution
1-20 [institutions] of higher education must be tested for reading,
1-21 writing, and mathematics skills prior to enrolling in any
1-22 coursework. The board shall prescribe circumstances under which a
1-23 student who has not been tested may enroll in coursework. A
2-1 student who is permitted to enroll without taking the test
2-2 prescribed by the board must take the test under Subsection (c) of
2-3 this section no later than the end of the semester of enrollment[:]
2-4 [(1) all full-time and part-time freshmen enrolled in
2-5 a degree program;]
2-6 [(2) any other student, prior to the accumulation of
2-7 nine or more semester credit hours or the equivalent; and]
2-8 [(3) any transfer student with fewer than 60 semester
2-9 credit hours or the equivalent who has not previously taken the
2-10 tests].
2-11 (c) For purposes of Subsection (b) of this section [that
2-12 purpose], the institution shall use the Texas Academic Skills
2-13 Program Test [a test] instrument prescribed by the board; however,
2-14 the board may prescribe an alternative test instrument for an
2-15 institution to use to test a student. Each alternative test
2-16 instrument prescribed shall be correlated with the Texas Academic
2-17 Skills Program Test. Each [The same instrument shall be used at
2-18 all public institutions of higher education.]
2-19 [(c) The] test instrument adopted by the board must be of a
2-20 diagnostic nature and be designed to provide a comparison of the
2-21 skill level of the individual student with the skill level
2-22 necessary for a student to perform effectively in an undergraduate
2-23 degree program. In developing the Texas Academic Skills Program
2-24 Test [test], the board shall consider the recommendations of
2-25 faculty from various institutions of higher education.
3-1 (d) An institution may not use performance on the test as a
3-2 condition of admission into the institution.
3-3 (e) The board shall prescribe minimum performance standards
3-4 for each [the] test instrument. A student whose performance is
3-5 below the standard for tested skill must participate in a
3-6 remediation program. An institution may require higher performance
3-7 standards.
3-8 (f) If the test results indicate that remedial education is
3-9 necessary in any area tested, the institution shall refer the
3-10 student to remedial courses or other remedial programs made
3-11 available by the institution. Each institution shall make
3-12 available those courses and programs on the same campus at which
3-13 the student would otherwise attend classes. The courses or
3-14 programs may not be considered as credit toward completion of
3-15 degree requirements. On completion of the remedial coursework or
3-16 program, the student shall retake that portion of the Texas
3-17 Academic Skills Program Test for which remediation was required.
3-18 (g) A student may not enroll in any upper division course
3-19 completion of which would give the student 60 or more semester
3-20 credit hours or the equivalent until the student's Texas Academic
3-21 Skills Program Test [test] results meet or exceed the minimum
3-22 standards in each skill area: reading, writing, and mathematics
3-23 [all test scores]. The board shall establish other assessment
3-24 procedures to be used by institutions in exceptional cases to allow
3-25 a student to enroll in upper division courses in cases where
4-1 student test results do not meet minimum standards.
4-2 (h) The state shall [continue to] fund approved nondegree
4-3 credit remedial courses; however, a general academic teaching
4-4 institution shall not receive funding for remedial coursework taken
4-5 by a student in excess of six semester credit hours in each skill
4-6 area, and a public junior college or public technical institute
4-7 shall not receive funding for remedial coursework taken by a
4-8 student in excess of nine semester credit hours in each skill
4-9 area. Additionally, the board shall develop formulas to augment
4-10 institutional funding of other remedial academic programs and shall
4-11 develop a performance funding formula by which institutions may
4-12 receive additional funding for each student who successfully
4-13 completes remediation. The additional funding required under such
4-14 formulas shall be met by state appropriation [for fiscal years
4-15 1990-1991 and thereafter].
4-16 (i) Each institution shall establish an advising program to
4-17 advise students at every level of courses and degree options that
4-18 are appropriate for the individual student.
4-19 (j) The unit costs of each test shall be borne by the
4-20 student. Costs of administering the tests to students shown to be
4-21 financially needy under criteria established by the board shall be
4-22 borne by the state through appropriation to the board for that
4-23 purpose or other sources of funds. Additionally, appropriation
4-24 shall be made to the board to cover overall administrative costs of
4-25 the testing program.
5-1 (k) Each institution shall report annually to the board, on
5-2 or before a day set by rule of the board, concerning the results of
5-3 the students being tested and the effectiveness of the
5-4 institution's remedial program and advising program. In addition,
5-5 the board shall publish annually a summary of the report required
5-6 in Section 51.403(e) of this code identifying [The report shall
5-7 identify] by name the high school from which each tested student
5-8 graduated and a statement as to whether or not the student's
5-9 performance was above or below the standard, and the summary shall
5-10 include the number of students at each high school who took and
5-11 passed the test while enrolled in high school. For the purposes of
5-12 this report, students shall not be identified by name. The board
5-13 shall publish annually a report summarizing by institution of
5-14 higher education for each academic year the total number of
5-15 students who:
5-16 (1) entered remediation;
5-17 (2) completed remediation;
5-18 (3) took the Texas Academic Skills Program Test after
5-19 completing remediation; and
5-20 (4) passed the Texas Academic Skills Program Test
5-21 after completing remediation.
5-22 (l) [(m)(1)] A high school student who performs at or above
5-23 a level set by the board on the exit-level assessment required
5-24 under Section 39.023 of this code [on the Texas Assessment of
5-25 Academic Skills test to be set by the board] is exempt from this
6-1 section. This exemption will be in effect for three years from the
6-2 date a student takes the assessment and achieves [the Texas
6-3 Assessment of Academic Skills test is taken and] the set score
6-4 level [is achieved]. A student [Students] enrolling for the first
6-5 time in an institution of higher education [Texas public colleges
6-6 and universities] after the three-year period has elapsed must
6-7 conform to all provisions of this section.
6-8 (m) An entering [(2) Entering] or transferring student
6-9 [students] who has [have] achieved a score to be set by the board
6-10 on the Scholastic Assessment Test or the American College Test is
6-11 [are] exempt from the requirements of this section. This exemption
6-12 is effective [will be in effect] for five years from the date
6-13 [either] the Scholastic Assessment Test or the American College
6-14 Test is taken and the set standard is achieved. A student
6-15 [Students] enrolling for the first time in an institution of higher
6-16 education [Texas public colleges and universities] after the
6-17 five-year period has elapsed must conform to all provisions of this
6-18 section.
6-19 (n) This section applies to a blind student only if the test
6-20 is administered to that student in large print or Braille or is
6-21 administered by audio cassette or by a reader, as appropriate to
6-22 that student.
6-23 (o) A student at an institution of higher education is
6-24 exempt from the requirements of this section if the student enrolls
6-25 on a temporary basis at the institution of higher education and:
7-1 (1) is also enrolled at an accredited private or
7-2 independent institution of higher education or an accredited
7-3 out-of-state institution of higher education; or
7-4 (2) has graduated from an institution of higher
7-5 education, an accredited private or independent institution of
7-6 higher education, or an accredited out-of-state institution of
7-7 higher education.
7-8 (p) To receive an exemption under Subsection (o) of this
7-9 section, a student must present to the institution of higher
7-10 education at which the student seeks the exemption as evidence of
7-11 enrollment in another institution:
7-12 (1) a transcript, grade report, or paid fee receipt
7-13 from the preceding semester; or
7-14 (2) any other evidence acceptable to the institution
7-15 of higher education as proof of enrollment in the other
7-16 institution.
7-17 (q) An exemption under Subsection (o) of this section
7-18 terminates if the student:
7-19 (1) enrolls on a permanent basis in an institution of
7-20 higher education; or
7-21 (2) enrolls in a certificate or degree program at an
7-22 institution of higher education.
7-23 (r) This section does not apply to:
7-24 (1) a student who accumulated three or more
7-25 college-level semester credit hours prior to the 1989 fall
8-1 semester;
8-2 (2) a student located outside this state who enrolls
8-3 in a course offered outside this state by an institution of higher
8-4 education;
8-5 (3) a deaf student;
8-6 (4) a student who has graduated with a baccalaureate
8-7 degree from an institution of higher education, an accredited
8-8 private or independent institution of higher education, or an
8-9 accredited out-of-state institution of higher education;
8-10 (5) a student enrolled in a certificate program at a
8-11 community or technical college of one year or less; or
8-12 (6) a student who is a citizen of a country other than
8-13 the United States and is not seeking a degree.
8-14 (s) [(p)] An institution of higher education shall provide
8-15 to each student [under Subsection (b) of this section] who is
8-16 accepted by the institution for admission and to whom this section
8-17 applies information in the institution's catalog relating to the
8-18 testing and remedial requirements of this section and of the rules
8-19 adopted by the Texas Higher Education Coordinating Board.
8-20 (t) [(q) This section does not apply to a deaf student.]
8-21 [(q)] An institution may exempt a non-degree-seeking or
8-22 non-certificate-seeking student who will be 55 years of age or
8-23 older on the first class day of a term or semester from the testing
8-24 requirements imposed by this section as a condition for enrollment
8-25 during that term or semester in a course.
9-1 (u) [(q) This section does not apply to a student at an
9-2 institution of higher education who:]
9-3 [(1) enrolls on a temporary basis in the institution
9-4 of higher education; and]
9-5 [(2) is also enrolled in a private or independent
9-6 institution of higher education or an out-of-state institution of
9-7 higher education or has graduated from an institution of higher
9-8 education, a private or independent institution of higher
9-9 education, or an out-of-state institution of higher education.]
9-10 [(q)] A student who has been diagnosed as having dyslexia or
9-11 a related disorder, as those terms are defined by Section 38.003 of
9-12 this code [21.924(a)], by a qualified professional whose license or
9-13 credentials are appropriate to diagnose the disorder as determined
9-14 by the board and who completes the remedial program prescribed by
9-15 the institution may be required to retake the test once but may not
9-16 be referred to an additional remedial course or other remedial
9-17 program or precluded from enrolling in an upper division course
9-18 because of the student's performance on the test.
9-19 (v) A student who has passed the exit-level assessment
9-20 required under Section 39.023 of this code shall be encouraged to
9-21 take the test required by this section while enrolled in high
9-22 school unless the student's scores on the exit-level assessment
9-23 required under Section 39.023 of this code, on the Scholastic
9-24 Assessment Test, or on the American College Test exempt the student
9-25 from the test requirement as provided by this section. The Texas
10-1 Education Agency shall work with the board to encourage eligible
10-2 students to take the test; however, taking the test shall be
10-3 voluntary.
10-4 (w)(1) The provisions of this subsection apply to high
10-5 school students taking the test required by this section.
10-6 (2) Each eligible high school student shall pay for
10-7 the cost of taking the test unless funds are appropriated for that
10-8 purpose. If funds are appropriated for that purpose, the board and
10-9 the Texas Education Agency shall develop a mechanism for the
10-10 payment of the cost of the test.
10-11 (3) The board shall arrange for the test to be offered
10-12 to high school students outside of regularly scheduled school days
10-13 and at locations throughout the state.
10-14 (4) Except as authorized by the student, test scores
10-15 of a high school student shall be reported only to the student and
10-16 the student's parents.
10-17 (5) A high school student who fails to achieve the
10-18 minimum required score set by the board shall not be required to
10-19 take remedial classes while in high school. However, after
10-20 graduation from high school, a student who enters a public
10-21 institution of higher education must comply with the provisions of
10-22 this section.
10-23 (6) A high school student who achieves the minimum
10-24 required score set by the board shall be deemed to have met the
10-25 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
12-1 private or independent institution of higher education, or an
12-2 out-of-state institution of higher education, present to the
12-3 institution of higher education at which the student seeks the
12-4 exemption as evidence of graduation from the other institution a
12-5 diploma or transcript; and]
12-6 [(3) sign a form stating that the student does not
12-7 intend to enroll on a permanent basis in or receive a certificate
12-8 or degree from the institution of higher education at which the
12-9 student seeks the exemption.]
12-10 [(s) An exemption under Subsection (q) terminates if the
12-11 student:]
12-12 [(1) enrolls on a permanent basis in the institution
12-13 of higher education; or]
12-14 [(2) enrolls in a certificate or degree program at the
12-15 institution of higher education.]
12-16 [(s) This section does not apply to a student enrolled in a
12-17 certificate program of one year or less.]
12-18 SECTION 2. Subsection (e), Section 51.403, Education Code,
12-19 is amended to read as follows:
12-20 (e) Under guidelines established by the coordinating board
12-21 [Coordinating Board, Texas College and University System,] and the
12-22 State Board of Education, [postsecondary] institutions of higher
12-23 education shall report student performance during the first year
12-24 enrolled after graduation from high school to the high school [or
12-25 junior college] last attended. This report shall include, but not
13-1 be limited to, appropriate student test scores, a description of
13-2 developmental courses required, and the student's grade point
13-3 average. Appropriate safeguards for student privacy shall be
13-4 included in the rules for implementation of this subsection. Each
13-5 high school receiving a report concerning five or more students
13-6 from the same institution of higher education shall release to a
13-7 newspaper of general circulation in the area in which the high
13-8 school is located the number of students covered by the report and
13-9 the percentage of those students reported as needing a
13-10 developmental course according to the minimum standards adopted by
13-11 the coordinating board under Section 51.306(e). The high school
13-12 shall release the information not later than the 30th day after the
13-13 date on which the high school receives the report.
13-14 SECTION 3. (a) Except as provided by Subsection (b) of this
13-15 section, this Act takes effect September 1, 1997.
13-16 (b) The change in law made by this Act to Subsection (b),
13-17 Section 51.306, Education Code, requiring each entering
13-18 undergraduate student to be tested for reading, writing, and
13-19 mathematics skills prior to enrolling in coursework takes effect
13-20 with the fall semester of 1998.
13-21 SECTION 4. The importance of this legislation and the
13-22 crowded condition of the calendars in both houses create an
13-23 emergency and an imperative public necessity that the
13-24 constitutional rule requiring bills to be read on three several
13-25 days in each house be suspended, and this rule is hereby suspended.