By: Bivins S.R. No. 929
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on Senate
1-5 Bill No. 148 to consider and take action on the following matters:
1-6 (1) Senate Rule 12.03(4) is suspended to permit the
1-7 committee to add the following new text:
1-8 SECTION 2. Section 51.306, Education Code, as amended by
1-9 Chapters 76, 362, 747, 777, and 804, Acts of the 74th Legislature,
1-10 1995, is amended to read as follows:
1-11 Sec. 51.306. TEXAS ACADEMIC SKILLS PROGRAM [TESTING AND
1-12 REMEDIAL COURSEWORK]. (a) In this section:
1-13 (1) "Board," "institution of higher education," [and]
1-14 "private or independent institution of higher education," "general
1-15 academic teaching institution," "public junior college," and
1-16 "public technical institute" have the meanings assigned by Section
1-17 61.003 of this code.
1-18 (2) "Deaf student" means a student who is a deaf
1-19 person as defined by Section 54.205(a) of this code.
1-20 (3) "Blind student" means a student who is a blind
1-21 person as defined by Section 54.205(a) of this code.
1-22 (b) Each undergraduate student [All students in the
1-23 following categories] who enters a [enter] public institution
2-1 [institutions] of higher education must be tested for reading,
2-2 writing, and mathematics skills prior to enrolling in any
2-3 coursework. The board shall prescribe circumstances under which a
2-4 student who has not been tested may enroll in coursework. A
2-5 student who is permitted to enroll without taking the test
2-6 prescribed by the board must take the test under Subsection (c) not
2-7 later than the end of the first semester of enrollment[:]
2-8 [(1) all full-time and part-time freshmen enrolled in
2-9 a degree program;]
2-10 [(2) any other student, prior to the accumulation of
2-11 nine or more semester credit hours or the equivalent; and]
2-12 [(3) any transfer student with fewer than 60 semester
2-13 credit hours or the equivalent who has not previously taken the
2-14 tests].
2-15 (c) For purposes of Subsection (b) [that purpose], the
2-16 institution shall use the Texas Academic Skills Program Test [a
2-17 test] instrument prescribed by the board. However, the board may
2-18 prescribe an alternative test instrument for an institution to use
2-19 to test a student. Each alternative test instrument prescribed
2-20 shall be correlated with the Texas Academic Skills Program Test.
2-21 Each [The same instrument shall be used at all public institutions
2-22 of higher education.]
2-23 [(c) The] test instrument adopted by the board must be of a
2-24 diagnostic nature and be designed to provide a comparison of the
2-25 skill level of the individual student with the skill level
3-1 necessary for a student to perform effectively in an undergraduate
3-2 degree program. In developing the Texas Academic Skills Program
3-3 Test [test], the board shall consider the recommendations of
3-4 faculty from various institutions of higher education.
3-5 (d) An institution may not use performance on the test as a
3-6 condition of admission into the institution.
3-7 (e) The board shall prescribe minimum performance standards
3-8 for each [the] test instrument. A student whose performance is
3-9 below the standard for tested skill must participate in a
3-10 developmental [remediation] program. An institution may require
3-11 higher performance standards.
3-12 (f) If the test results indicate that developmental
3-13 [remedial] education is necessary in any area tested, the
3-14 institution shall refer the student to developmental [remedial]
3-15 courses or other developmental [remedial] programs made available
3-16 by the institution. Each institution shall make available those
3-17 courses and programs on the same campus at which the student would
3-18 otherwise attend classes. The courses or programs may not be
3-19 considered as credit toward completion of degree requirements. On
3-20 completion of the developmental coursework or program, the student
3-21 shall take that portion of the Texas Academic Skills Program Test
3-22 for which developmental education was required.
3-23 (g) A student may not enroll in any upper division course
3-24 completion of which would give the student 60 or more semester
3-25 credit hours or the equivalent until the student's Texas Academic
4-1 Skills Program Test [test] results meet or exceed the minimum
4-2 standards in each skill area for which developmental education was
4-3 required or the student has earned a grade of "B" or better in a
4-4 freshman-level credit course in the subject matter of the assessed
4-5 deficit. For that purpose, the board shall establish a list of
4-6 freshman-level credit courses for each skill area of the test
4-7 instrument [all test scores]. The board shall establish other
4-8 assessment procedures to be used by institutions [in exceptional
4-9 cases] to allow a student to enroll in upper division courses in
4-10 cases where student test results do not meet minimum standards.
4-11 (h) The state shall [continue to] fund approved nondegree
4-12 credit developmental [remedial] courses; however, a general
4-13 academic teaching institution may not receive funding for
4-14 developmental coursework taken by a student in excess of 18
4-15 semester credit hours, and a public junior college or public
4-16 technical institute may not receive funding for developmental
4-17 coursework taken by a student in excess of 27 semester credit
4-18 hours. Additionally, the board shall develop formulas to augment
4-19 institutional funding of other developmental [remedial] academic
4-20 programs and shall develop a performance funding formula by which
4-21 institutions may receive additional funding for each student who
4-22 successfully completes the developmental courses. The additional
4-23 funding required under such formulas shall be met by state
4-24 appropriation [for fiscal years 1990-1991 and thereafter].
4-25 (i) Each institution shall establish an advising program to
5-1 advise students at every level of courses and degree options that
5-2 are appropriate for the individual student.
5-3 (j) The unit costs of each test shall be borne by the
5-4 student. Costs of administering the tests to students shown to be
5-5 financially needy under criteria established by the board shall be
5-6 borne by the state through appropriation to the board for that
5-7 purpose or other sources of funds. Additionally, appropriation
5-8 shall be made to the board to cover overall administrative costs of
5-9 the testing program.
5-10 (k) Each institution shall report annually to the board, on
5-11 or before a day set by rule of the board, concerning the results of
5-12 the students being tested and the effectiveness of the
5-13 institution's developmental [remedial] program and advising
5-14 program. In addition, the board shall publish annually a summary
5-15 of the report required by Section 51.403(e) identifying [The report
5-16 shall identify] by name the high school from which each tested
5-17 student graduated and a statement as to whether or not the
5-18 student's performance was above or below the standard. The summary
5-19 must include the number of students at each high school who took
5-20 and passed the test while enrolled in high school. For the
5-21 purposes of this report, students shall not be identified by name.
5-22 The board shall publish annually a report summarizing by
5-23 institution of higher education for each academic year the total
5-24 number of students who:
5-25 (1) entered a developmental program;
6-1 (2) completed developmental courses;
6-2 (3) took the Texas Academic Skills Program Test after
6-3 completing developmental courses;
6-4 (4) passed the Texas Academic Skills Program Test
6-5 after completing developmental courses; and
6-6 (5) satisfied the requirement of Subsection (g) in
6-7 each skill area by earning an acceptable grade in an approved
6-8 course as permitted by that subsection.
6-9 (l) [(m)(1)] A high school student who performs at or above
6-10 a level set by the board on the exit-level assessment required
6-11 under Section 39.023 [on the Texas Assessment of Academic Skills
6-12 test to be set by the board] is exempt from this section. The
6-13 level set by the board may not exceed a level that is equivalent to
6-14 a 95 percent probability of passing the Texas Academic Skills
6-15 Program Test. This exemption will be in effect for three years
6-16 from the date a student takes the assessment and achieves [the
6-17 Texas Assessment of Academic Skills test is taken and] the set
6-18 score level [is achieved]. A student [Students] enrolling for the
6-19 first time in an institution of higher education [Texas public
6-20 colleges and universities] after the three-year period has elapsed
6-21 must conform to all provisions of this section.
6-22 (m) An entering [(2) Entering] or transferring student
6-23 [students] who has [have] achieved a score to be set by the board
6-24 on the Scholastic Assessment Test or the American College Test is
6-25 [are] exempt from the requirements of this section. The score set
7-1 by the board may not exceed a score that is equivalent to a 95
7-2 percent probability of passing the Texas Academic Skills Program
7-3 Test. This exemption is effective [will be in effect] for five
7-4 years from the date [either] the Scholastic Assessment Test or the
7-5 American College Test is taken and the set standard is achieved. A
7-6 student [Students] enrolling for the first time in an institution
7-7 of higher education [Texas public colleges and universities] after
7-8 the five-year period has elapsed must conform to all provisions of
7-9 this section.
7-10 (n) This section applies to a blind student only if the test
7-11 is administered to that student in large print or Braille or is
7-12 administered by audio cassette or by a reader, as appropriate to
7-13 that student.
7-14 (o) A student at an institution of higher education is
7-15 exempt from the requirements of this section if the student enrolls
7-16 on a temporary basis at the institution of higher education and:
7-17 (1) is also enrolled at an accredited private or
7-18 independent institution of higher education or an accredited
7-19 out-of-state institution of higher education; or
7-20 (2) has graduated from an institution of higher
7-21 education, an accredited private or independent institution of
7-22 higher education, or an accredited out-of-state institution of
7-23 higher education.
7-24 (p) To receive an exemption under Subsection (o) of this
7-25 section, a student must present to the institution of higher
8-1 education at which the student seeks the exemption as evidence of
8-2 enrollment in another institution:
8-3 (1) a transcript, grade report, or paid fee receipt
8-4 from the preceding semester; or
8-5 (2) any other evidence acceptable to the institution
8-6 of higher education as proof of enrollment in the other
8-7 institution.
8-8 (q) An exemption under Subsection (o) of this section
8-9 terminates if the student:
8-10 (1) enrolls on a permanent basis in an institution of
8-11 higher education; or
8-12 (2) enrolls in a certificate or degree program at an
8-13 institution of higher education.
8-14 (r) This section does not apply to:
8-15 (1) a student who accumulated three or more
8-16 college-level semester credit hours prior to the 1989 fall
8-17 semester;
8-18 (2) a student located outside this state who enrolls
8-19 in a course offered outside this state by an institution of higher
8-20 education;
8-21 (3) a deaf student;
8-22 (4) a student who has graduated with a baccalaureate
8-23 degree from an institution of higher education, an accredited
8-24 private or independent institution of higher education, or an
8-25 accredited out-of-state institution of higher education;
9-1 (5) a student enrolled in a certificate program at a
9-2 community or technical college of one year or less; or
9-3 (6) a student who is a citizen of a country other than
9-4 the United States and is not seeking a degree.
9-5 (s) [(p)] An institution of higher education shall provide
9-6 to each student [under Subsection (b) of this section] who is
9-7 accepted by the institution for admission and to whom this section
9-8 applies information in the institution's catalog relating to the
9-9 testing and developmental [remedial] requirements of this section
9-10 and of the rules adopted by the Texas Higher Education Coordinating
9-11 Board.
9-12 (t) [(q) This section does not apply to a deaf student.]
9-13 [(q)] An institution may exempt a non-degree-seeking or
9-14 non-certificate-seeking student who will be 55 years of age or
9-15 older on the first class day of a term or semester from the testing
9-16 requirements imposed by this section as a condition for enrollment
9-17 during that term or semester in a course.
9-18 (u) [(q) This section does not apply to a student at an
9-19 institution of higher education who:]
9-20 [(1) enrolls on a temporary basis in the institution
9-21 of higher education; and]
9-22 [(2) is also enrolled in a private or independent
9-23 institution of higher education or an out-of-state institution of
9-24 higher education or has graduated from an institution of higher
9-25 education, a private or independent institution of higher
10-1 education, or an out-of-state institution of higher education.]
10-2 [(q)] A student who has been diagnosed as having dyslexia or
10-3 a related disorder, as those terms are defined by Section 38.003
10-4 [21.924(a)], or a specific learning disability in mathematics by a
10-5 qualified professional whose license or credentials are appropriate
10-6 to diagnose the disorder or disability as determined by the board
10-7 and who completes the developmental [remedial] program prescribed
10-8 by the institution may be required to retake the test once but may
10-9 not be referred to an additional developmental [remedial] course or
10-10 other developmental [remedial] program or precluded from enrolling
10-11 in an upper division course because of the student's performance on
10-12 the test.
10-13 (v) A student who has passed the exit-level assessment
10-14 required under Section 39.023 shall be encouraged to take the test
10-15 required by this section while enrolled in high school unless the
10-16 student's scores on the exit-level assessment required under
10-17 Section 39.023, on the Scholastic Assessment Test, or on the
10-18 American College Test exempt the student from the test requirement
10-19 as provided by this section. The Texas Education Agency shall work
10-20 with the board to encourage eligible students to take the test;
10-21 however, taking the test shall be voluntary.
10-22 (w)(1) The provisions of this subsection apply to high
10-23 school students taking the test required by this section.
10-24 (2) Each eligible high school student shall pay for
10-25 the cost of taking the test unless funds are appropriated for that
11-1 purpose. If funds are appropriated for that purpose, the board and
11-2 the Texas Education Agency shall develop a mechanism for the
11-3 payment of the cost of the test.
11-4 (3) The board shall arrange for the test to be offered
11-5 to high school students outside of regularly scheduled school days
11-6 and at locations throughout the state.
11-7 (4) Except as authorized by the student, test scores
11-8 of a high school student shall be reported only to the student and
11-9 the student's parents.
11-10 (5) A high school student who fails to achieve the
11-11 minimum required score set by the board may not be required to take
11-12 developmental classes while in high school. However, after
11-13 graduation from high school, a student who enters a public
11-14 institution of higher education must comply with the provisions of
11-15 this section.
11-16 (6) A high school student who achieves the minimum
11-17 required score set by the board shall be deemed to have met the
11-18 requirements of this section when enrolling at an institution of
11-19 higher education, provided that the student enrolls in the
11-20 institution not later than five years from the date the test is
11-21 taken and the set score level is achieved. A student enrolling for
11-22 the first time in an institution of higher education after the
11-23 five-year period has elapsed must comply with all provisions of
11-24 this section.
11-25 (7) The board and the Texas Education Agency shall
12-1 work together to provide high school students, their parents, and
12-2 their schools with information about the Texas Academic Skills
12-3 Program and assist them in interpreting the results of the test.
12-4 [(r) To receive an exemption under Subsection (q), a student
12-5 must:]
12-6 [(1) if the student claims the exemption because the
12-7 student is also enrolled in a private or independent institution of
12-8 higher education or an out-of-state institution of higher
12-9 education, present to the institution of higher education at which
12-10 the student seeks the exemption as evidence of enrollment in the
12-11 other institution:]
12-12 [(A) a transcript, grade report, or paid fee
12-13 receipt from the preceding semester; or]
12-14 [(B) any other evidence acceptable to the
12-15 institution of higher education as proof of enrollment in the other
12-16 institution;]
12-17 [(2) if the student claims the exemption because the
12-18 student has graduated from an institution of higher education, a
12-19 private or independent institution of higher education, or an
12-20 out-of-state institution of higher education, present to the
12-21 institution of higher education at which the student seeks the
12-22 exemption as evidence of graduation from the other institution a
12-23 diploma or transcript; and]
12-24 [(3) sign a form stating that the student does not
12-25 intend to enroll on a permanent basis in or receive a certificate
13-1 or degree from the institution of higher education at which the
13-2 student seeks the exemption.]
13-3 [(s) An exemption under Subsection (q) terminates if the
13-4 student:]
13-5 [(1) enrolls on a permanent basis in the institution
13-6 of higher education; or]
13-7 [(2) enrolls in a certificate or degree program at the
13-8 institution of higher education.]
13-9 [(s) This section does not apply to a student enrolled in a
13-10 certificate program of one year or less.]
13-11 Explanation: This change is necessary in order to provide
13-12 improvements to the present procedures relating to the testing of
13-13 students at institutions of higher education for competency in
13-14 certain skill areas and to the requirement that certain students
13-15 take developmental courses in order to improve their skills in
13-16 those areas.
13-17 (2) Senate Rules 12.03(1), (3), and (4) are suspended to
13-18 permit the committee to amend text that is not in disagreement and
13-19 to add additional text not included in either the house or the
13-20 senate version of the bill, by adding the following text:
13-21 SECTION 4. (a) Not later than September 1, 1998, the Texas
13-22 Higher Education Coordinating Board shall adopt rules to implement
13-23 Subchapter S, Chapter 61, Education Code, as added by this Act.
13-24 (b) The change in law made by this Act to Subsection (b),
13-25 Section 51.306, Education Code, requiring each student to be tested
14-1 for reading, writing, and mathematics skills before enrolling in
14-2 course work, takes effect beginning with the fall semester 1998.
14-3 Explanation: This change is necessary in order to provide
14-4 for implementing the changes in law made by Section 2 of the bill.
14-5 ______________________________________
14-6 President of the Senate
14-7 I hereby certify that the above
14-8 Resolution was adopted by the Senate
14-9 on May 29, 1997, by the following
14-10 vote: Yeas 31, Nays 0.
14-11 ______________________________________
14-12 Secretary of the Senate