By Bivins                                              S.R. No. 929

         75R17198 JSA-D                           

                                 R E S O L U T I O N

 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

1-24     [institutions] of higher education must be tested for reading,

 2-1     writing, and mathematics skills prior to enrolling in any

 2-2     coursework.  The board shall prescribe circumstances under which a

 2-3     student who has not been tested may enroll in coursework.  A

 2-4     student who is permitted to enroll without taking the test

 2-5     prescribed by the board must take the test under Subsection (c) not

 2-6     later than the end of the first semester of enrollment[:]

 2-7                 [(1)  all full-time and part-time freshmen enrolled in

 2-8     a degree program;]

 2-9                 [(2)  any other student, prior to the accumulation of

2-10     nine or more semester credit hours or the equivalent; and]

2-11                 [(3)  any transfer student with fewer than 60 semester

2-12     credit hours or the equivalent who has not previously taken the

2-13     tests].

2-14           (c)  For purposes of Subsection (b) [that purpose], the

2-15     institution shall use the Texas Academic Skills Program Test [a

2-16     test] instrument prescribed by the board.  However, the board may

2-17     prescribe an alternative test instrument for an institution to use

2-18     to test a student.  Each alternative test instrument prescribed

2-19     shall be correlated with the Texas Academic Skills Program Test.

2-20     Each [The same instrument shall be used at all public institutions

2-21     of higher education.]

2-22           [(c)  The] test instrument adopted by the board must be of a

2-23     diagnostic nature and be designed to provide a comparison of the

2-24     skill level of the individual student with the skill level

2-25     necessary for a student to perform effectively in an undergraduate

2-26     degree program.  In developing the Texas Academic Skills Program

2-27     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     developmental [remediation] program.  An institution may require

 3-8     higher performance standards.

 3-9           (f)  If the test results indicate that developmental

3-10     [remedial] education is necessary in any area tested, the

3-11     institution shall refer the student to developmental [remedial]

3-12     courses or other developmental [remedial] programs made available

3-13     by the institution.  Each institution shall make available those

3-14     courses and programs on the same campus at which the student would

3-15     otherwise attend classes.  The courses or programs may not be

3-16     considered as credit toward completion of degree requirements.  On

3-17     completion of the developmental coursework or program, the student

3-18     shall take that portion of the Texas Academic Skills Program Test

3-19     for which developmental education was required.

3-20           (g)  A student may not enroll in any upper division course

3-21     completion of which would give the student 60 or more semester

3-22     credit hours or the equivalent until the student's Texas Academic

3-23     Skills Program Test [test] results meet or exceed the minimum

3-24     standards in each skill area for which developmental education was

3-25     required or the student has earned a grade of "B" or better in a

3-26     freshman-level credit course in the subject matter of the assessed

3-27     deficit.  For that purpose, the board shall establish a list of

 4-1     freshman-level credit courses for each skill area of the test

 4-2     instrument  [all test scores].  The board shall establish other

 4-3     assessment procedures to be used by institutions [in exceptional

 4-4     cases] to allow a student to enroll in upper division courses in

 4-5     cases where student test results do not meet minimum standards.

 4-6           (h)  The state shall [continue to] fund approved nondegree

 4-7     credit developmental [remedial] courses; however, a general

 4-8     academic teaching institution may not receive funding for

 4-9     developmental coursework taken by a student in excess of 18

4-10     semester credit hours, and a public junior college or public

4-11     technical institute may not receive funding for developmental

4-12     coursework taken by a student in excess of 27 semester credit

4-13     hours.  Additionally, the board shall develop formulas to augment

4-14     institutional funding of other developmental [remedial] academic

4-15     programs and shall develop a performance funding formula by which

4-16     institutions may receive additional funding for each student who

4-17     successfully completes the developmental courses.  The additional

4-18     funding required under such formulas shall be met by state

4-19     appropriation [for fiscal years 1990-1991 and thereafter].

4-20           (i)  Each institution shall establish an advising program to

4-21     advise students at every level of courses and degree options that

4-22     are appropriate for the individual student.

4-23           (j)  The unit costs of each test shall be borne by the

4-24     student.  Costs of administering the tests to students shown to be

4-25     financially needy under criteria established by the board shall be

4-26     borne by the state through appropriation to the board for that

4-27     purpose or other sources of funds.  Additionally, appropriation

 5-1     shall be made to the board to cover overall administrative costs of

 5-2     the testing program.

 5-3           (k)  Each institution shall report annually to the board, on

 5-4     or before a day set by rule of the board, concerning the results of

 5-5     the students being tested and the effectiveness of the

 5-6     institution's developmental [remedial] program and advising

 5-7     program.  In addition, the board shall publish annually a summary

 5-8     of the report required by Section 51.403(e) identifying [The report

 5-9     shall identify] by name the high school from which each tested

5-10     student graduated and a statement as to whether or not the

5-11     student's performance was above or below the standard.  The summary

5-12     must include the number of students at each high school who took

5-13     and passed the test while enrolled in high school.  For the

5-14     purposes of this report, students shall not be identified by name.

5-15     The board shall publish annually a report summarizing by

5-16     institution of higher education for each academic year the total

5-17     number of students who:

5-18                 (1)  entered a developmental program;

5-19                 (2)  completed developmental courses;

5-20                 (3)  took the Texas Academic Skills Program Test after

5-21     completing developmental courses;

5-22                 (4)  passed the Texas Academic Skills Program Test

5-23     after completing developmental courses; and

5-24                 (5)  satisfied the requirement of Subsection (g) in

5-25     each skill area by earning an acceptable grade in an approved

5-26     course as permitted by that subsection.

5-27           (l) [(m)(1)]  A high school student who performs at or above

 6-1     a level set by the board on the exit-level assessment required

 6-2     under Section 39.023 [on the Texas Assessment of Academic Skills

 6-3     test to be set by the board] is exempt from this section.  The

 6-4     level set by the board may not exceed a level that is equivalent to

 6-5     a 95 percent probability of passing the Texas Academic Skills

 6-6     Program Test.  This exemption will be in effect for three years

 6-7     from the date a student takes the assessment and achieves [the

 6-8     Texas Assessment of Academic Skills test is taken and] the set

 6-9     score level [is achieved].  A student [Students] enrolling for the

6-10     first time in an institution of higher education [Texas public

6-11     colleges and universities] after the three-year period has elapsed

6-12     must conform to all provisions of this section.

6-13           (m)  An entering [(2)  Entering] or transferring student

6-14     [students] who has [have] achieved a score to be set by the board

6-15     on the Scholastic Assessment Test or the American College Test is

6-16     [are] exempt from the requirements of this section.  The score set

6-17     by the board may not exceed a score that is equivalent to a 95

6-18     percent probability of passing the Texas Academic Skills Program

6-19     Test.  This exemption is effective [will be in effect] for five

6-20     years from the date [either] the Scholastic Assessment Test or the

6-21     American College Test is taken and the set standard is achieved.  A

6-22     student [Students] enrolling for the first time in an institution

6-23     of higher education [Texas public colleges and universities] after

6-24     the five-year period has elapsed must conform to all provisions of

6-25     this section.

6-26           (n)  This section applies to a blind student only if the test

6-27     is administered to that student in large print or Braille or is

 7-1     administered by audio cassette or by a reader, as appropriate to

 7-2     that student.

 7-3           (o)  A student at an institution of higher education is

 7-4     exempt from the requirements of this section if the student enrolls

 7-5     on a temporary basis at the institution of higher education and:

 7-6                 (1)  is also enrolled at an accredited private or

 7-7     independent institution of higher education or an accredited

 7-8     out-of-state institution of higher education; or

 7-9                 (2)  has graduated from an institution of higher

7-10     education, an accredited private or independent institution of

7-11     higher education, or an accredited out-of-state institution of

7-12     higher education.

7-13           (p)  To receive an exemption under Subsection (o) of this

7-14     section, a student must present to the institution of higher

7-15     education at which the student seeks the exemption as evidence of

7-16     enrollment in another institution:

7-17                 (1)  a transcript, grade report, or paid fee receipt

7-18     from the preceding semester; or

7-19                 (2)  any other evidence acceptable to the institution

7-20     of higher education as proof of enrollment in the other

7-21     institution.

7-22           (q)  An exemption under Subsection (o) of this section

7-23     terminates if the student:

7-24                 (1)  enrolls on a permanent basis in an institution of

7-25     higher education; or

7-26                 (2)  enrolls in a certificate or degree program at an

7-27     institution of higher education.

 8-1           (r)  This section does not apply to:

 8-2                 (1)  a student who accumulated three or more

 8-3     college-level semester credit hours prior to the 1989 fall

 8-4     semester;

 8-5                 (2)  a student located outside this state who enrolls

 8-6     in a course offered outside this state by an institution of higher

 8-7     education;

 8-8                 (3)  a deaf student;

 8-9                 (4)  a student who has graduated with a baccalaureate

8-10     degree from an institution of higher education, an accredited

8-11     private or independent institution of higher education, or an

8-12     accredited out-of-state institution of higher education;

8-13                 (5)  a student enrolled in a certificate program at a

8-14     community or technical college of one year or less; or

8-15                 (6)  a student who is a citizen of a country other than

8-16     the United States and is not seeking a degree.

8-17           (s) [(p)]  An institution of higher education shall provide

8-18     to each student [under Subsection (b) of this section] who is

8-19     accepted by the institution for admission and to whom this section

8-20     applies information in the institution's catalog relating to the

8-21     testing and developmental [remedial] requirements of this section

8-22     and of the rules adopted by the Texas Higher Education Coordinating

8-23     Board.

8-24           (t) [(q)  This section does not apply to a deaf student.]

8-25           [(q)]  An institution may exempt a non-degree-seeking or

8-26     non-certificate-seeking student who will be 55 years of age or

8-27     older on the first class day of a term or semester from the testing

 9-1     requirements imposed by this section as a condition for enrollment

 9-2     during that term or semester in a course.

 9-3           (u) [(q)  This section does not apply to a student at an

 9-4     institution of higher education who:]

 9-5                 [(1)  enrolls on a temporary basis in the institution

 9-6     of higher education; and]

 9-7                 [(2)  is also enrolled in a private or independent

 9-8     institution of higher education or an out-of-state institution of

 9-9     higher education or has graduated from an institution of higher

9-10     education, a private or independent institution of higher

9-11     education, or an out-of-state institution of higher education.]

9-12           [(q)]  A student who has been diagnosed as having dyslexia or

9-13     a related disorder, as those terms are defined by Section 38.003

9-14     [21.924(a)], or a specific learning disability in mathematics by a

9-15     qualified professional whose license or credentials are appropriate

9-16     to diagnose the disorder or disability as determined by the board

9-17     and who completes the developmental [remedial] program prescribed

9-18     by the institution may be required to retake the test once but may

9-19     not be referred to an additional developmental [remedial] course or

9-20     other developmental [remedial] program or precluded from enrolling

9-21     in an upper division course because of the student's performance on

9-22     the test.

9-23           (v)  A student who has passed the exit-level assessment

9-24     required under Section 39.023 shall be encouraged to take the test

9-25     required by this section while enrolled in high school unless the

9-26     student's scores on the exit-level assessment required under

9-27     Section 39.023, on the Scholastic Assessment Test, or on the

 10-1    American College Test exempt the student from the test requirement

 10-2    as provided by this section.  The Texas Education Agency shall work

 10-3    with the board to encourage eligible students to take the test;

 10-4    however, taking the test shall be 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)  Except as authorized by the student, test scores

10-16    of a high school student shall be reported only to the student and

10-17    the student's parents.

10-18                (5)  A high school student who fails to achieve the

10-19    minimum required score set by the board may not be required to take

10-20    developmental classes while in high school.  However, after

10-21    graduation from high school, a student who enters a public

10-22    institution of higher education must comply with the provisions of

10-23    this section.

10-24                (6)  A high school student who achieves the minimum

10-25    required score set by the board shall be deemed to have met the

10-26    requirements of this section when enrolling at an institution of

10-27    higher education, provided that the student enrolls in the

 11-1    institution not later than five years from the date the test is

 11-2    taken and the set score level is achieved.  A student enrolling for

 11-3    the first time in an institution of higher education after the

 11-4    five-year period has elapsed must comply with all provisions of

 11-5    this section.

 11-6                (7)  The board and the Texas Education Agency shall

 11-7    work together to provide high school students, their parents, and

 11-8    their schools with information about the Texas Academic Skills

 11-9    Program and assist them in interpreting the results of the test.

11-10          [(r)  To receive an exemption under Subsection (q), a student

11-11    must:]

11-12                [(1)  if the student claims the exemption because the

11-13    student is also enrolled in a private or independent institution of

11-14    higher education or an out-of-state institution of higher

11-15    education, present to the institution of higher education at which

11-16    the student seeks the exemption as evidence of enrollment in the

11-17    other institution:]

11-18                      [(A)  a transcript, grade report, or paid fee

11-19    receipt from the preceding semester; or]

11-20                      [(B)  any other evidence acceptable to the

11-21    institution of higher education as proof of enrollment in the other

11-22    institution;]

11-23                [(2)  if the student claims the exemption because the

11-24    student has graduated from an institution of higher education, a

11-25    private or independent institution of higher education, or an

11-26    out-of-state institution of higher education, present to the

11-27    institution of higher education at which the student seeks the

 12-1    exemption as evidence of graduation from the other institution a

 12-2    diploma or transcript; and]

 12-3                [(3)  sign a form stating that the student does not

 12-4    intend to enroll on a permanent basis in or receive a certificate

 12-5    or degree from the institution of higher education at which the

 12-6    student seeks the exemption.]

 12-7          [(s)  An exemption under Subsection (q) terminates if the

 12-8    student:]

 12-9                [(1)  enrolls on a permanent basis in the institution

12-10    of higher education; or]

12-11                [(2)  enrolls in a certificate or degree program at the

12-12    institution of higher education.]

12-13          [(s)  This section does not apply to a student enrolled in a

12-14    certificate program of one year or less.]

12-15          Explanation:  This change is necessary in order to provide

12-16    improvements to the present procedures relating to the testing of

12-17    students at institutions of higher education for competency in

12-18    certain skill areas and to the requirement that certain students

12-19    take developmental courses in order to improve their skills in

12-20    those areas.

12-21          (2)  Senate Rules 12.03(1), (3), and (4) are suspended to

12-22    permit the committee to amend text that is not in disagreement and

12-23    to add additional text not included in either the house or the

12-24    senate version of the bill, by adding the following text:

12-25          SECTION 4.  (a)  Not later than September 1, 1998, the Texas

12-26    Higher Education Coordinating Board shall adopt rules to implement

12-27    Subchapter S, Chapter 61, Education Code, as added by this Act.

 13-1          (b)  The change in law made by this Act to Section 51.306(b),

 13-2    Education Code, requiring each student to be tested for reading,

 13-3    writing, and mathematics skills before enrolling in course work,

 13-4    takes effect beginning with the fall semester 1998.

 13-5          Explanation:  This change is necessary in order to provide

 13-6    for implementing the changes in law made by Section 2 of the bill.