1-1 By: Bivins S.B. No. 729
1-2 (In the Senate - Filed February 24, 1997; February 26, 1997,
1-3 read first time and referred to Committee on Education;
1-4 March 10, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 10, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 729 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the Texas Academic Skills Program for students at
1-11 public institutions of higher education.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 51.306, Education Code, as amended by
1-14 Chapters 76, 362, 747, 777, and 804, Acts of the 74th Legislature,
1-15 1995, is amended to read as follows:
1-16 Sec. 51.306. TEXAS ACADEMIC SKILLS PROGRAM [TESTING AND
1-17 REMEDIAL COURSEWORK]. (a) In this section:
1-18 (1) "Board," "institution of higher education," [and]
1-19 "private or independent institution of higher education," "general
1-20 academic teaching institution," "public junior college," and
1-21 "public technical institute" have the meanings assigned by Section
1-22 61.003 of this code.
1-23 (2) "Deaf student" means a student who is a deaf
1-24 person as defined by Section 54.205(a) of this code.
1-25 (3) "Blind student" means a student who is a blind
1-26 person as defined by Section 54.205(a) of this code.
1-27 (b) Each undergraduate student [All students in the
1-28 following categories] who enters a [enter] public institution
1-29 [institutions] of higher education must be tested for reading,
1-30 writing, and mathematics skills prior to enrolling in any
1-31 coursework. The board shall prescribe circumstances under which a
1-32 student who has not been tested may enroll in coursework. A
1-33 student who is permitted to enroll without taking the test
1-34 prescribed by the board must take the test under Subsection (c) of
1-35 this section no later than the end of the semester of enrollment[:]
1-36 [(1) all full-time and part-time freshmen enrolled in
1-37 a degree program;]
1-38 [(2) any other student, prior to the accumulation of
1-39 nine or more semester credit hours or the equivalent; and]
1-40 [(3) any transfer student with fewer than 60 semester
1-41 credit hours or the equivalent who has not previously taken the
1-42 tests].
1-43 (c) For purposes of Subsection (b) of this section [that
1-44 purpose], the institution shall use the Texas Academic Skills
1-45 Program Test [a test] instrument prescribed by the board; however,
1-46 the board may prescribe an alternative test instrument for an
1-47 institution to use to test a student. Each alternative test
1-48 instrument prescribed shall be correlated with the Texas Academic
1-49 Skills Program Test. Each [The same instrument shall be used at
1-50 all public institutions of higher education.]
1-51 [(c) The] test instrument adopted by the board must be of a
1-52 diagnostic nature and be designed to provide a comparison of the
1-53 skill level of the individual student with the skill level
1-54 necessary for a student to perform effectively in an undergraduate
1-55 degree program. In developing the Texas Academic Skills Program
1-56 Test [test], the board shall consider the recommendations of
1-57 faculty from various institutions of higher education.
1-58 (d) An institution may not use performance on the test as a
1-59 condition of admission into the institution.
1-60 (e) The board shall prescribe minimum performance standards
1-61 for each [the] test instrument. A student whose performance is
1-62 below the standard for tested skill must participate in a
1-63 remediation program. An institution may require higher performance
1-64 standards.
2-1 (f) If the test results indicate that remedial education is
2-2 necessary in any area tested, the institution shall refer the
2-3 student to remedial courses or other remedial programs made
2-4 available by the institution. Each institution shall make
2-5 available those courses and programs on the same campus at which
2-6 the student would otherwise attend classes. The courses or
2-7 programs may not be considered as credit toward completion of
2-8 degree requirements. On completion of the remedial coursework or
2-9 program, the student shall retake that portion of the Texas
2-10 Academic Skills Program Test for which remediation was required.
2-11 (g) A student may not enroll in any upper division course
2-12 completion of which would give the student 60 or more semester
2-13 credit hours or the equivalent until the student's Texas Academic
2-14 Skills Program Test [test] results meet or exceed the minimum
2-15 standards in each skill area: reading, writing, and mathematics
2-16 [all test scores]. The board shall establish other assessment
2-17 procedures to be used by institutions in exceptional cases to allow
2-18 a student to enroll in upper division courses in cases where
2-19 student test results do not meet minimum standards.
2-20 (h) The state shall [continue to] fund approved nondegree
2-21 credit remedial courses; however, a general academic teaching
2-22 institution shall not receive funding for remedial coursework taken
2-23 by a student in excess of six semester credit hours in each skill
2-24 area, and a public junior college or public technical institute
2-25 shall not receive funding for remedial coursework taken by a
2-26 student in excess of nine semester credit hours in each skill
2-27 area. Additionally, the board shall develop formulas to augment
2-28 institutional funding of other remedial academic programs and shall
2-29 develop a performance funding formula by which institutions may
2-30 receive additional funding for each student who successfully
2-31 completes remediation. The additional funding required under such
2-32 formulas shall be met by state appropriation [for fiscal years
2-33 1990-1991 and thereafter].
2-34 (i) Each institution shall establish an advising program to
2-35 advise students at every level of courses and degree options that
2-36 are appropriate for the individual student.
2-37 (j) The unit costs of each test shall be borne by the
2-38 student. Costs of administering the tests to students shown to be
2-39 financially needy under criteria established by the board shall be
2-40 borne by the state through appropriation to the board for that
2-41 purpose or other sources of funds. Additionally, appropriation
2-42 shall be made to the board to cover overall administrative costs of
2-43 the testing program.
2-44 (k) Each institution shall report annually to the board, on
2-45 or before a day set by rule of the board, concerning the results of
2-46 the students being tested and the effectiveness of the
2-47 institution's remedial program and advising program. In addition,
2-48 the board shall publish annually a summary of the report required
2-49 in Section 51.403(e) of this code identifying [The report shall
2-50 identify] by name the high school from which each tested student
2-51 graduated and a statement as to whether or not the student's
2-52 performance was above or below the standard, and the summary shall
2-53 include the number of students at each high school who took and
2-54 passed the test while enrolled in high school. For the purposes of
2-55 this report, students shall not be identified by name. The board
2-56 shall publish annually a report summarizing by institution of
2-57 higher education for each academic year the total number of
2-58 students who:
2-59 (1) entered remediation;
2-60 (2) completed remediation;
2-61 (3) took the Texas Academic Skills Program Test after
2-62 completing remediation; and
2-63 (4) passed the Texas Academic Skills Program Test
2-64 after completing remediation.
2-65 (l) [(m)(1)] A high school student who performs at or above
2-66 a level set by the board on the exit-level assessment required
2-67 under Section 39.023 of this code [on the Texas Assessment of
2-68 Academic Skills test to be set by the board] is exempt from this
2-69 section. This exemption will be in effect for three years from the
3-1 date a student takes the assessment and achieves [the Texas
3-2 Assessment of Academic Skills test is taken and] the set score
3-3 level [is achieved]. A student [Students] enrolling for the first
3-4 time in an institution of higher education [Texas public colleges
3-5 and universities] after the three-year period has elapsed must
3-6 conform to all provisions of this section.
3-7 (m) An entering [(2) Entering] or transferring student
3-8 [students] who has [have] achieved a score to be set by the board
3-9 on the Scholastic Assessment Test or the American College Test is
3-10 [are] exempt from the requirements of this section. This exemption
3-11 is effective [will be in effect] for five years from the date
3-12 [either] the Scholastic Assessment Test or the American College
3-13 Test is taken and the set standard is achieved. A student
3-14 [Students] enrolling for the first time in an institution of higher
3-15 education [Texas public colleges and universities] after the
3-16 five-year period has elapsed must conform to all provisions of this
3-17 section.
3-18 (n) This section applies to a blind student only if the test
3-19 is administered to that student in large print or Braille or is
3-20 administered by audio cassette or by a reader, as appropriate to
3-21 that student.
3-22 (o) A student at an institution of higher education is
3-23 exempt from the requirements of this section if the student enrolls
3-24 on a temporary basis at the institution of higher education and:
3-25 (1) is also enrolled at an accredited private or
3-26 independent institution of higher education or an accredited
3-27 out-of-state institution of higher education; or
3-28 (2) has graduated from an institution of higher
3-29 education, an accredited private or independent institution of
3-30 higher education, or an accredited out-of-state institution of
3-31 higher education.
3-32 (p) To receive an exemption under Subsection (o) of this
3-33 section, a student must present to the institution of higher
3-34 education at which the student seeks the exemption as evidence of
3-35 enrollment in another institution:
3-36 (1) a transcript, grade report, or paid fee receipt
3-37 from the preceding semester; or
3-38 (2) any other evidence acceptable to the institution
3-39 of higher education as proof of enrollment in the other
3-40 institution.
3-41 (q) An exemption under Subsection (o) of this section
3-42 terminates if the student:
3-43 (1) enrolls on a permanent basis in an institution of
3-44 higher education; or
3-45 (2) enrolls in a certificate or degree program at an
3-46 institution of higher education.
3-47 (r) This section does not apply to:
3-48 (1) a student who accumulated three or more
3-49 college-level semester credit hours prior to the 1989 fall
3-50 semester;
3-51 (2) a student located outside this state who enrolls
3-52 in a course offered outside this state by an institution of higher
3-53 education;
3-54 (3) a deaf student;
3-55 (4) a student who has graduated with a baccalaureate
3-56 degree from an institution of higher education, an accredited
3-57 private or independent institution of higher education, or an
3-58 accredited out-of-state institution of higher education;
3-59 (5) a student enrolled in a certificate program at a
3-60 community or technical college of one year or less; or
3-61 (6) a student who is a citizen of a country other than
3-62 the United States and is not seeking a degree.
3-63 (s) [(p)] An institution of higher education shall provide
3-64 to each student [under Subsection (b) of this section] who is
3-65 accepted by the institution for admission and to whom this section
3-66 applies information in the institution's catalog relating to the
3-67 testing and remedial requirements of this section and of the rules
3-68 adopted by the Texas Higher Education Coordinating Board.
3-69 (t) [(q) This section does not apply to a deaf student.]
4-1 [(q)] An institution may exempt a non-degree-seeking or
4-2 non-certificate-seeking student who will be 55 years of age or
4-3 older on the first class day of a term or semester from the testing
4-4 requirements imposed by this section as a condition for enrollment
4-5 during that term or semester in a course.
4-6 (u) [(q) This section does not apply to a student at an
4-7 institution of higher education who:]
4-8 [(1) enrolls on a temporary basis in the institution
4-9 of higher education; and]
4-10 [(2) is also enrolled in a private or independent
4-11 institution of higher education or an out-of-state institution of
4-12 higher education or has graduated from an institution of higher
4-13 education, a private or independent institution of higher
4-14 education, or an out-of-state institution of higher education.]
4-15 [(q)] A student who has been diagnosed as having dyslexia or
4-16 a related disorder, as those terms are defined by Section 38.003 of
4-17 this code [21.924(a)], by a qualified professional whose license or
4-18 credentials are appropriate to diagnose the disorder as determined
4-19 by the board and who completes the remedial program prescribed by
4-20 the institution may be required to retake the test once but may not
4-21 be referred to an additional remedial course or other remedial
4-22 program or precluded from enrolling in an upper division course
4-23 because of the student's performance on the test.
4-24 (v) A student who has passed the exit-level assessment
4-25 required under Section 39.023 of this code shall be encouraged to
4-26 take the test required by this section while enrolled in high
4-27 school unless the student's scores on the exit-level assessment
4-28 required under Section 39.023 of this code, on the Scholastic
4-29 Assessment Test, or on the American College Test exempt the student
4-30 from the test requirement as provided by this section. The Texas
4-31 Education Agency shall work with the board to encourage eligible
4-32 students to take the test; however, taking the test shall be
4-33 voluntary.
4-34 (w)(1) The provisions of this subsection apply to high
4-35 school students taking the test required by this section.
4-36 (2) Each eligible high school student shall pay for
4-37 the cost of taking the test unless funds are appropriated for that
4-38 purpose. If funds are appropriated for that purpose, the board and
4-39 the Texas Education Agency shall develop a mechanism for the
4-40 payment of the cost of the test.
4-41 (3) The board shall arrange for the test to be offered
4-42 to high school students outside of regularly scheduled school days
4-43 and at locations throughout the state.
4-44 (4) Except as authorized by the student, test scores
4-45 of a high school student shall be reported only to the student and
4-46 the student's parents.
4-47 (5) A high school student who fails to achieve the
4-48 minimum required score set by the board shall not be required to
4-49 take remedial classes while in high school. However, after
4-50 graduation from high school, a student who enters a public
4-51 institution of higher education must comply with the provisions of
4-52 this section.
4-53 (6) A high school student who achieves the minimum
4-54 required score set by the board shall be deemed to have met the
4-55 requirements of this section when enrolling at an institution of
4-56 higher education, provided that the student enrolls in the
4-57 institution not later than five years from the date the test is
4-58 taken and the set score level is achieved. A student enrolling for
4-59 the first time in an institution of higher education after the
4-60 five-year period has elapsed must comply with all provisions of
4-61 this section.
4-62 (7) The board and the Texas Education Agency shall
4-63 work together to provide high school students, their parents, and
4-64 their schools with information about the Texas Academic Skills
4-65 Program and assist them in interpreting the results of the test.
4-66 [(r) To receive an exemption under Subsection (q), a student
4-67 must:]
4-68 [(1) if the student claims the exemption because the
4-69 student is also enrolled in a private or independent institution of
5-1 higher education or an out-of-state institution of higher
5-2 education, present to the institution of higher education at which
5-3 the student seeks the exemption as evidence of enrollment in the
5-4 other institution:]
5-5 [(A) a transcript, grade report, or paid fee
5-6 receipt from the preceding semester; or]
5-7 [(B) any other evidence acceptable to the
5-8 institution of higher education as proof of enrollment in the other
5-9 institution;]
5-10 [(2) if the student claims the exemption because the
5-11 student has graduated from an institution of higher education, a
5-12 private or independent institution of higher education, or an
5-13 out-of-state institution of higher education, present to the
5-14 institution of higher education at which the student seeks the
5-15 exemption as evidence of graduation from the other institution a
5-16 diploma or transcript; and]
5-17 [(3) sign a form stating that the student does not
5-18 intend to enroll on a permanent basis in or receive a certificate
5-19 or degree from the institution of higher education at which the
5-20 student seeks the exemption.]
5-21 [(s) An exemption under Subsection (q) terminates if the
5-22 student:]
5-23 [(1) enrolls on a permanent basis in the institution
5-24 of higher education; or]
5-25 [(2) enrolls in a certificate or degree program at the
5-26 institution of higher education.]
5-27 [(s) This section does not apply to a student enrolled in a
5-28 certificate program of one year or less.]
5-29 SECTION 2. Subsection (e), Section 51.403, Education Code,
5-30 is amended to read as follows:
5-31 (e) Under guidelines established by the coordinating board
5-32 [Coordinating Board, Texas College and University System,] and the
5-33 State Board of Education, [postsecondary] institutions of higher
5-34 education shall report student performance during the first year
5-35 enrolled after graduation from high school to the high school [or
5-36 junior college] last attended. This report shall include, but not
5-37 be limited to, appropriate student test scores, a description of
5-38 developmental courses required, and the student's grade point
5-39 average. Appropriate safeguards for student privacy shall be
5-40 included in the rules for implementation of this subsection. Each
5-41 high school receiving a report concerning five or more students
5-42 from the same institution of higher education shall release to a
5-43 newspaper of general circulation in the area in which the high
5-44 school is located the number of students covered by the report and
5-45 the percentage of those students reported as needing a
5-46 developmental course according to the minimum standards adopted by
5-47 the coordinating board under Section 51.306(e). The high school
5-48 shall release the information not later than the 30th day after the
5-49 date on which the high school receives the report.
5-50 SECTION 3. (a) Except as provided by Subsection (b) of this
5-51 section, this Act takes effect September 1, 1997.
5-52 (b) The change in law made by this Act to Subsection (b),
5-53 Section 51.306, Education Code, requiring each entering
5-54 undergraduate student to be tested for reading, writing, and
5-55 mathematics skills prior to enrolling in coursework takes effect
5-56 with the fall semester of 1998.
5-57 SECTION 4. The importance of this legislation and the
5-58 crowded condition of the calendars in both houses create an
5-59 emergency and an imperative public necessity that the
5-60 constitutional rule requiring bills to be read on three several
5-61 days in each house be suspended, and this rule is hereby suspended.
5-62 * * * * *