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.