75R12813 CAG-D
By Bivins S.B. No. 729
Substitute the following for S.B. No. 729:
By Rangel C.S.S.B. No. 729
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Academic Skills Program for students at
1-3 public institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.306, Education Code, as amended by
1-6 Chapters 76, 362, 747, 777, and 804, Acts of the 74th Legislature,
1-7 1995, is amended to read as follows:
1-8 Sec. 51.306. TEXAS ACADEMIC SKILLS PROGRAM [TESTING AND
1-9 REMEDIAL COURSEWORK]. (a) In this section:
1-10 (1) "Board," "institution of higher education," [and]
1-11 "private or independent institution of higher education," "general
1-12 academic teaching institution," "public junior college," and
1-13 "public technical institute" have the meanings assigned by Section
1-14 61.003 of this code.
1-15 (2) "Deaf student" means a student who is a deaf
1-16 person as defined by Section 54.205(a) of this code.
1-17 (3) "Blind student" means a student who is a blind
1-18 person as defined by Section 54.205(a) of this code.
1-19 (b) Each undergraduate student [All students in the
1-20 following categories] who enters a [enter] public institution
1-21 [institutions] of higher education must be tested for reading,
1-22 writing, and mathematics skills prior to enrolling in any
1-23 coursework. The board shall prescribe circumstances under which a
1-24 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) not
2-3 later than the end of the first 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) [that purpose], the
2-12 institution shall use the Texas Academic Skills Program Test [a
2-13 test] instrument prescribed by the board. However, the board may
2-14 prescribe an alternative test instrument for an institution to use
2-15 to test a student. Each alternative test instrument prescribed
2-16 shall be correlated with the Texas Academic Skills Program Test.
2-17 Each [The same instrument shall be used at all public institutions
2-18 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.
2-26 (d) An institution may not use performance on the test as a
2-27 condition of admission into the institution.
3-1 (e) The board shall prescribe minimum performance standards
3-2 for each [the] test instrument. A student whose performance is
3-3 below the standard for tested skill must participate in a
3-4 developmental [remediation] program. An institution may require
3-5 higher performance standards.
3-6 (f) If the test results indicate that developmental
3-7 [remedial] education is necessary in any area tested, the
3-8 institution shall refer the student to developmental [remedial]
3-9 courses or other developmental [remedial] programs made available
3-10 by the institution. Each institution shall make available those
3-11 courses and programs on the same campus at which the student would
3-12 otherwise attend classes. The courses or programs may not be
3-13 considered as credit toward completion of degree requirements. On
3-14 completion of the developmental coursework or program, the student
3-15 shall take that portion of the Texas Academic Skills Program Test
3-16 for which developmental education was required.
3-17 (g) A student may not enroll in any upper division course
3-18 completion of which would give the student 60 or more semester
3-19 credit hours or the equivalent until the student's Texas Academic
3-20 Skills Program Test [test] results meet or exceed the minimum
3-21 standards in each skill area for which developmental education was
3-22 required or the student has earned a grade of "B" or better in a
3-23 freshman-level credit course in the subject matter of the assessed
3-24 deficit. For that purpose, the board shall establish a list of
3-25 freshman-level credit courses for each skill area of the test
3-26 instrument [all test scores]. The board shall establish other
3-27 assessment procedures to be used by institutions [in exceptional
4-1 cases] to allow a student to enroll in upper division courses in
4-2 cases where student test results do not meet minimum standards.
4-3 (h) The state shall [continue to] fund approved nondegree
4-4 credit developmental [remedial] courses; however, a general
4-5 academic teaching institution may not receive funding for
4-6 developmental coursework taken by a student in excess of 18
4-7 semester credit hours, and a public junior college or public
4-8 technical institute may not receive funding for developmental
4-9 coursework taken by a student in excess of 27 semester credit
4-10 hours. Additionally, the board shall develop formulas to augment
4-11 institutional funding of other developmental [remedial] academic
4-12 programs and shall develop a performance funding formula by which
4-13 institutions may receive additional funding for each student who
4-14 successfully completes the developmental courses. The additional
4-15 funding required under such formulas shall be met by state
4-16 appropriation [for fiscal years 1990-1991 and thereafter].
4-17 (i) Each institution shall establish an advising program to
4-18 advise students at every level of courses and degree options that
4-19 are appropriate for the individual student.
4-20 (j) The unit costs of each test shall be borne by the
4-21 student. Costs of administering the tests to students shown to be
4-22 financially needy under criteria established by the board shall be
4-23 borne by the state through appropriation to the board for that
4-24 purpose or other sources of funds. Additionally, appropriation
4-25 shall be made to the board to cover overall administrative costs of
4-26 the testing program.
4-27 (k) Each institution shall report annually to the board, on
5-1 or before a day set by rule of the board, concerning the results of
5-2 the students being tested and the effectiveness of the
5-3 institution's developmental [remedial] program and advising
5-4 program. In addition, the board shall publish annually a summary
5-5 of the report required by Section 51.403(e) identifying [The report
5-6 shall identify] by name the high school from which each tested
5-7 student graduated and a statement as to whether or not the
5-8 student's performance was above or below the standard. The summary
5-9 must include the number of students at each high school who took
5-10 and passed the test while enrolled in high school. For the
5-11 purposes of this report, students shall not be identified by name.
5-12 The board shall publish annually a report summarizing by
5-13 institution of higher education for each academic year the total
5-14 number of students who:
5-15 (1) entered a developmental program;
5-16 (2) completed developmental courses;
5-17 (3) took the Texas Academic Skills Program Test after
5-18 completing developmental courses;
5-19 (4) passed the Texas Academic Skills Program Test
5-20 after completing developmental courses; and
5-21 (5) satisfied the requirement of Subsection (g) in
5-22 each skill area by earning an acceptable grade in an approved
5-23 course as permitted by that subsection.
5-24 (l) [(m)(1)] A high school student who performs at or above
5-25 a level set by the board on the exit-level assessment required
5-26 under Section 39.023 [on the Texas Assessment of Academic Skills
5-27 test to be set by the board] is exempt from this section. The
6-1 level set by the board may not exceed a level that is equivalent to
6-2 a 95 percent probability of passing the Texas Academic Skills
6-3 Program Test. This exemption will be in effect for three years
6-4 from the date a student takes the assessment and achieves [the
6-5 Texas Assessment of Academic Skills test is taken and] the set
6-6 score level [is achieved]. A student [Students] enrolling for the
6-7 first time in an institution of higher education [Texas public
6-8 colleges and universities] after the three-year period has elapsed
6-9 must conform to all provisions of this section.
6-10 (m) An entering [(2) Entering] or transferring student
6-11 [students] who has [have] achieved a score to be set by the board
6-12 on the Scholastic Assessment Test or the American College Test is
6-13 [are] exempt from the requirements of this section. The score set
6-14 by the board may not exceed a score that is equivalent to a 95
6-15 percent probability of passing the Texas Academic Skills Program
6-16 Test. This exemption is effective [will be in effect] for five
6-17 years from the date [either] the Scholastic Assessment Test or the
6-18 American College Test is taken and the set standard is achieved. A
6-19 student [Students] enrolling for the first time in an institution
6-20 of higher education [Texas public colleges and universities] after
6-21 the five-year period has elapsed must conform to all provisions of
6-22 this section.
6-23 (n) This section applies to a blind student only if the test
6-24 is administered to that student in large print or Braille or is
6-25 administered by audio cassette or by a reader, as appropriate to
6-26 that student.
6-27 (o) A student at an institution of higher education is
7-1 exempt from the requirements of this section if the student enrolls
7-2 on a temporary basis at the institution of higher education and:
7-3 (1) is also enrolled at an accredited private or
7-4 independent institution of higher education or an accredited
7-5 out-of-state institution of higher education; or
7-6 (2) has graduated from an institution of higher
7-7 education, an accredited private or independent institution of
7-8 higher education, or an accredited out-of-state institution of
7-9 higher education.
7-10 (p) To receive an exemption under Subsection (o) of this
7-11 section, a student must present to the institution of higher
7-12 education at which the student seeks the exemption as evidence of
7-13 enrollment in another institution:
7-14 (1) a transcript, grade report, or paid fee receipt
7-15 from the preceding semester; or
7-16 (2) any other evidence acceptable to the institution
7-17 of higher education as proof of enrollment in the other
7-18 institution.
7-19 (q) An exemption under Subsection (o) of this section
7-20 terminates if the student:
7-21 (1) enrolls on a permanent basis in an institution of
7-22 higher education; or
7-23 (2) enrolls in a certificate or degree program at an
7-24 institution of higher education.
7-25 (r) This section does not apply to:
7-26 (1) a student who accumulated three or more
7-27 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 developmental [remedial] requirements of this section
8-19 and of the rules adopted by the Texas Higher Education Coordinating
8-20 Board.
8-21 (t) [(q) This section does not apply to a deaf student.]
8-22 [(q)] An institution may exempt a non-degree-seeking or
8-23 non-certificate-seeking student who will be 55 years of age or
8-24 older on the first class day of a term or semester from the testing
8-25 requirements imposed by this section as a condition for enrollment
8-26 during that term or semester in a course.
8-27 (u) [(q) This section does not apply to a student at an
9-1 institution of higher education who:]
9-2 [(1) enrolls on a temporary basis in the institution
9-3 of higher education; and]
9-4 [(2) is also enrolled in a private or independent
9-5 institution of higher education or an out-of-state institution of
9-6 higher education or has graduated from an institution of higher
9-7 education, a private or independent institution of higher
9-8 education, or an out-of-state institution of higher education.]
9-9 [(q)] A student who has been diagnosed as having dyslexia or
9-10 a related disorder, as those terms are defined by Section 38.003
9-11 [21.924(a)], or a specific learning disability in mathematics by a
9-12 qualified professional whose license or credentials are appropriate
9-13 to diagnose the disorder or disability as determined by the board
9-14 and who completes the developmental [remedial] program prescribed
9-15 by the institution may be required to retake the test once but may
9-16 not be referred to an additional developmental [remedial] course or
9-17 other developmental [remedial] program or precluded from enrolling
9-18 in an upper division course because of the student's performance on
9-19 the test.
9-20 (v) A student who has passed the exit-level assessment
9-21 required under Section 39.023 shall be encouraged to take the test
9-22 required by this section while enrolled in high school unless the
9-23 student's scores on the exit-level assessment required under
9-24 Section 39.023, on the Scholastic Assessment Test, or on the
9-25 American College Test exempt the student from the test requirement
9-26 as provided by this section. The Texas Education Agency shall work
9-27 with the board to encourage eligible students to take the test;
10-1 however, taking the test shall be voluntary.
10-2 (w)(1) The provisions of this subsection apply to high
10-3 school students taking the test required by this section.
10-4 (2) Each eligible high school student shall pay for
10-5 the cost of taking the test unless funds are appropriated for that
10-6 purpose. If funds are appropriated for that purpose, the board and
10-7 the Texas Education Agency shall develop a mechanism for the
10-8 payment of the cost of the test.
10-9 (3) The board shall arrange for the test to be offered
10-10 to high school students outside of regularly scheduled school days
10-11 and at locations throughout the state.
10-12 (4) Except as authorized by the student, test scores
10-13 of a high school student shall be reported only to the student and
10-14 the student's parents.
10-15 (5) A high school student who fails to achieve the
10-16 minimum required score set by the board may not be required to take
10-17 developmental classes while in high school. However, after
10-18 graduation from high school, a student who enters a public
10-19 institution of higher education must comply with the provisions of
10-20 this section.
10-21 (6) A high school student who achieves the minimum
10-22 required score set by the board shall be deemed to have met the
10-23 requirements of this section when enrolling at an institution of
10-24 higher education, provided that the student enrolls in the
10-25 institution not later than five years from the date the test is
10-26 taken and the set score level is achieved. A student enrolling for
10-27 the first time in an institution of higher education after the
11-1 five-year period has elapsed must comply with all provisions of
11-2 this section.
11-3 (7) The board and the Texas Education Agency shall
11-4 work together to provide high school students, their parents, and
11-5 their schools with information about the Texas Academic Skills
11-6 Program and assist them in interpreting the results of the test.
11-7 [(r) To receive an exemption under Subsection (q), a student
11-8 must:]
11-9 [(1) if the student claims the exemption because the
11-10 student is also enrolled in a private or independent institution of
11-11 higher education or an out-of-state institution of higher
11-12 education, present to the institution of higher education at which
11-13 the student seeks the exemption as evidence of enrollment in the
11-14 other institution:]
11-15 [(A) a transcript, grade report, or paid fee
11-16 receipt from the preceding semester; or]
11-17 [(B) any other evidence acceptable to the
11-18 institution of higher education as proof of enrollment in the other
11-19 institution;]
11-20 [(2) if the student claims the exemption because the
11-21 student has graduated from an institution of higher education, a
11-22 private or independent institution of higher education, or an
11-23 out-of-state institution of higher education, present to the
11-24 institution of higher education at which the student seeks the
11-25 exemption as evidence of graduation from the other institution a
11-26 diploma or transcript; and]
11-27 [(3) sign a form stating that the student does not
12-1 intend to enroll on a permanent basis in or receive a certificate
12-2 or degree from the institution of higher education at which the
12-3 student seeks the exemption.]
12-4 [(s) An exemption under Subsection (q) terminates if the
12-5 student:]
12-6 [(1) enrolls on a permanent basis in the institution
12-7 of higher education; or]
12-8 [(2) enrolls in a certificate or degree program at the
12-9 institution of higher education.]
12-10 [(s) This section does not apply to a student enrolled in a
12-11 certificate program of one year or less.]
12-12 SECTION 2. Section 51.403(e), Education Code, is amended to
12-13 read as follows:
12-14 (e) Under guidelines established by the Texas Higher
12-15 Education Coordinating Board[, Texas College and University
12-16 System,] and the State Board of Education, [postsecondary]
12-17 institutions of higher education shall report student performance
12-18 during the first year enrolled after graduation from high school to
12-19 the high school [or junior college] last attended. This report
12-20 shall include, but not be limited to, appropriate student test
12-21 scores, a description of developmental courses required, and the
12-22 student's grade point average. Appropriate safeguards for student
12-23 privacy shall be included in the rules for implementation of this
12-24 subsection. Each school district receiving a report concerning
12-25 five or more students from the same institution of higher education
12-26 shall include, as part of a performance report required under
12-27 Section 39.053(a), the number of and the percentage of students
13-1 needing a developmental course according to the minimum standards
13-2 adopted by the coordinating board under Section 51.306(e).
13-3 SECTION 3. (a) Except as provided by Subsection (b) of this
13-4 section, this Act takes effect September 1, 1997.
13-5 (b) The change in law made by this Act to Section 51.306(b),
13-6 Education Code, requiring each entering undergraduate student to be
13-7 tested for reading, writing, and mathematics skills before
13-8 enrolling in course work takes effect with the fall semester of
13-9 1998.
13-10 SECTION 4. The importance of this legislation and the
13-11 crowded condition of the calendars in both houses create an
13-12 emergency and an imperative public necessity that the
13-13 constitutional rule requiring bills to be read on three several
13-14 days in each house be suspended, and this rule is hereby suspended.