By: Bivins S.B. No. 729
97S0511/1
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 exceptional circumstances
1-23 under which a student who has not been tested may enroll in
2-1 coursework. Under exceptional circumstances, a student who is
2-2 permitted to enroll must take the test prescribed by the board
2-3 under Subsection (c) of this section no later than the end of the
2-4 semester of enrollment[:]
2-5 [(1) all full-time and part-time freshmen enrolled in
2-6 a degree program;]
2-7 [(2) any other student, prior to the accumulation of
2-8 nine or more semester credit hours or the equivalent; and]
2-9 [(3) any transfer student with fewer than 60 semester
2-10 credit hours or the equivalent who has not previously taken the
2-11 tests].
2-12 (c) For purposes of Subsection (b) of this section [that
2-13 purpose], the institution shall use the Texas Academic Skills
2-14 Program Test [a test] instrument prescribed by the board; however,
2-15 the board may prescribe an alternative test instrument for an
2-16 institution to use to test a student initially. Each alternative
2-17 test instrument prescribed shall be correlated with the Texas
2-18 Academic Skills Program Test. Each [The same instrument shall be
2-19 used at all public institutions of higher education.]
2-20 [(c) The] test instrument adopted by the board must be of a
2-21 diagnostic nature and be designed to provide a comparison of the
2-22 skill level of the individual student with the skill level
2-23 necessary for a student to perform effectively in an undergraduate
2-24 degree program. In developing the Texas Academic Skills Program
2-25 Test [test], the board shall consider the recommendations of
3-1 faculty from various institutions of higher education.
3-2 (d) An institution may not use performance on the test as a
3-3 condition of admission into the institution.
3-4 (e) The board shall prescribe minimum performance standards
3-5 for each [the] test instrument. A student whose performance is
3-6 below the standard for tested skill must participate in a
3-7 remediation program. An institution may require higher performance
3-8 standards.
3-9 (f) If the test results indicate that remedial education is
3-10 necessary in any area tested, the institution shall refer the
3-11 student to remedial courses or other remedial programs made
3-12 available by the institution. Each institution shall make
3-13 available those courses and programs on the same campus at which
3-14 the student would otherwise attend classes. The courses or
3-15 programs may not be considered as credit toward completion of
3-16 degree requirements. On completion of the remedial coursework or
3-17 program, the student shall retake that portion of the Texas
3-18 Academic Skills Program Test for which remediation was required.
3-19 (g) A student may not enroll in any upper division course
3-20 completion of which would give the student 60 or more semester
3-21 credit hours or the equivalent until the student's Texas Academic
3-22 Skills Program Test [test] results meet or exceed the minimum
3-23 standards in each skill area: reading, writing, and mathematics
3-24 [all test scores]. The board shall establish other assessment
3-25 procedures to be used by institutions in exceptional cases to allow
4-1 a student to enroll in upper division courses in cases where
4-2 student test results do not meet minimum standards.
4-3 (h) The state shall [continue to] fund approved nondegree
4-4 credit remedial courses; however, a general academic teaching
4-5 institution shall not receive funding for remedial coursework taken
4-6 by a student in excess of six semester credit hours in each skill
4-7 area, and a public junior college or public technical institute
4-8 shall not receive funding for remedial coursework taken by a
4-9 student in excess of nine semester credit hours in each skill area.
4-10 Additionally, the board shall develop formulas to augment
4-11 institutional funding of other remedial academic programs and shall
4-12 develop a performance funding formula by which institutions may
4-13 receive additional funding for each student who successfully
4-14 completes remediation. The additional funding required under such
4-15 formulas shall be met by state appropriation [for fiscal years
4-16 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
5-1 the testing program.
5-2 (k) Each institution shall report annually to the board, on
5-3 or before a day set by rule of the board, concerning the results of
5-4 the students being tested and the effectiveness of the
5-5 institution's remedial program and advising program. In addition,
5-6 the board shall publish annually a summary of the report required
5-7 in Section 51.403(e) of this code identifying [The report shall
5-8 identify] by name the high school from which each tested student
5-9 graduated and a statement as to whether or not the student's
5-10 performance was above or below the standard, and the summary shall
5-11 include the number of students at each high school who took and
5-12 passed the test while enrolled in high school. For the purposes of
5-13 this report, students shall not be identified by name. The board
5-14 shall publish annually a report summarizing by institution of
5-15 higher education for each academic year the total number of
5-16 students who:
5-17 (1) entered remediation;
5-18 (2) completed remediation;
5-19 (3) took the Texas Academic Skills Program Test after
5-20 completing remediation; and
5-21 (4) passed the Texas Academic Skills Program Test
5-22 after completing remediation.
5-23 (l)[(m)(1)] A high school student who performs at or above a
5-24 level set by the board on the exit-level assessment required under
5-25 Section 39.023 of this code [on the Texas Assessment of Academic
6-1 Skills test to be set by the board] is exempt from this section.
6-2 This exemption will be in effect for three years from the date a
6-3 student takes the assessment and achieves [the Texas Assessment of
6-4 Academic Skills test is taken and] the set score level [is
6-5 achieved]. A student [Students] enrolling for the first time in an
6-6 institution of higher education [Texas public colleges and
6-7 universities] after the three-year period has elapsed must conform
6-8 to all provisions of this section.
6-9 (m) An entering [(2) Entering] or transferring student
6-10 [students] who has [have] achieved a score to be set by the board
6-11 on the Scholastic Assessment Test or the American College Test is
6-12 [are] exempt from the requirements of this section. This exemption
6-13 is effective [will be in effect] for five years from the date
6-14 [either] the Scholastic Assessment Test or the American College
6-15 Test is taken and the set standard is achieved. A student
6-16 [Students] enrolling for the first time in an institution of higher
6-17 education [Texas public colleges and universities] after the
6-18 five-year period has elapsed must conform to all provisions of this
6-19 section.
6-20 (n) This section applies to a blind student only if the test
6-21 is administered to that student in large print or Braille or is
6-22 administered by audio cassette or by a reader, as appropriate to
6-23 that student.
6-24 (o) A student at an institution of higher education is
6-25 exempt from the requirements of this section if the student enrolls
7-1 on a temporary basis at the institution of higher education and:
7-2 (1) is also enrolled at an accredited private or
7-3 independent institution of higher education or an accredited
7-4 out-of-state institution of higher education; or
7-5 (2) has graduated from an institution of higher
7-6 education, an accredited private or independent institution of
7-7 higher education, or an accredited out-of-state institution of
7-8 higher education.
7-9 (p) To receive an exemption under Subsection (o) of this
7-10 section, a student must present to the institution of higher
7-11 education at which the student seeks the exemption as evidence of
7-12 enrollment in another institution:
7-13 (1) a transcript, grade report, or paid fee receipt
7-14 from the preceding semester; or
7-15 (2) any other evidence acceptable to the institution
7-16 of higher education as proof of enrollment in the other
7-17 institution.
7-18 (q) An exemption under Subsection (o) of this section
7-19 terminates if the student:
7-20 (1) enrolls on a permanent basis in an institution of
7-21 higher education; or
7-22 (2) enrolls in a certificate or degree program at an
7-23 institution of higher education.
7-24 (r) This section does not apply to:
7-25 (1) a student who accumulated three or more
8-1 college-level semester credit hours prior to the 1989 fall
8-2 semester;
8-3 (2) a student located outside this state who enrolls
8-4 in a course offered outside this state by an institution of higher
8-5 education;
8-6 (3) a deaf student;
8-7 (4) a student who has graduated with a baccalaureate
8-8 degree from an institution of higher education, an accredited
8-9 private or independent institution of higher education, or an
8-10 accredited out-of-state institution of higher education;
8-11 (5) a student enrolled in a certificate program at a
8-12 community or technical college of one year or less; or
8-13 (6) a student who is a citizen of a country other than
8-14 the United States and is not seeking a degree.
8-15 (s) [(p)] An institution of higher education shall provide
8-16 to each student [under Subsection (b) of this section] who is
8-17 accepted by the institution for admission and to whom this section
8-18 applies information in the institution's catalog relating to the
8-19 testing and remedial requirements of this section and of the rules
8-20 adopted by the Texas Higher Education Coordinating 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
9-1 during that term or semester in a course.
9-2 (u) [(q) This section does not apply to a student at an
9-3 institution of higher education who:]
9-4 [(1) enrolls on a temporary basis in the institution
9-5 of higher education; and]
9-6 [(2) is also enrolled in a private or independent
9-7 institution of higher education or an out-of-state institution of
9-8 higher education or has graduated from an institution of higher
9-9 education, a private or independent institution of higher
9-10 education, or an out-of-state institution of higher education.]
9-11 [(q)] A student who has been diagnosed as having dyslexia or
9-12 a related disorder, as those terms are defined by Section 38.003 of
9-13 this code [21.924(a)], by a qualified professional whose license or
9-14 credentials are appropriate to diagnose the disorder as determined
9-15 by the board and who completes the remedial program prescribed by
9-16 the institution may be required to retake the test once but may not
9-17 be referred to an additional remedial course or other remedial
9-18 program or precluded from enrolling in an upper division course
9-19 because of the student's performance on the test.
9-20 (v) A student who has passed the exit-level assessment
9-21 required under Section 39.023 of this code shall be encouraged to
9-22 take the test required by this section while enrolled in high
9-23 school unless the student's scores on the exit-level assessment
9-24 required under Section 39.023 of this code, on the Scholastic
9-25 Assessment Test, or on the American College Test exempt the student
10-1 from the test requirement as provided by this section. The Texas
10-2 Education Agency shall work with the board to encourage eligible
10-3 students to take the test; however, taking the test shall be
10-4 voluntary.
10-5 (w)(1) The provisions of this subsection apply to high
10-6 school students taking the test required by this section.
10-7 (2) Each eligible high school student shall pay for
10-8 the cost of taking the test unless funds are appropriated for that
10-9 purpose. If funds are appropriated for that purpose, the board and
10-10 the Texas Education Agency shall develop a mechanism for the
10-11 payment of the cost of the test.
10-12 (3) The board shall arrange for the test to be offered
10-13 to high school students outside of regularly scheduled school days
10-14 and at locations throughout the state.
10-15 (4) Test scores of a high school student shall be
10-16 reported only to the student and 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.