By West H.B. No. 420
76R2281 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of the Texas Academic Skills Program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 51.306(o), (p), (q), (r), (s), (t), (u),
1-5 (v), and (w), Education Code, are amended to read as follows:
1-6 (o) [A student at an institution of higher education is
1-7 exempt from the requirements of this section if the student enrolls
1-8 on a temporary basis at the institution of higher education and:]
1-9 [(1) is also enrolled at an accredited private or
1-10 independent institution of higher education or an accredited
1-11 out-of-state institution of higher education; or]
1-12 [(2) has graduated from an institution of higher
1-13 education, an accredited private or independent institution of
1-14 higher education, or an accredited out-of-state institution of
1-15 higher education.]
1-16 [(p) To receive an exemption under Subsection (o), a student
1-17 must present to the institution of higher education at which the
1-18 student seeks the exemption as evidence of enrollment in another
1-19 institution:]
1-20 [(1) a transcript, grade report, or paid fee receipt
1-21 from the preceding semester; or]
1-22 [(2) any other evidence acceptable to the institution
1-23 of higher education as proof of enrollment in the other
1-24 institution.]
2-1 [(q) An exemption under Subsection (o) terminates if the
2-2 student:]
2-3 [(1) enrolls on a permanent basis in an institution of
2-4 higher education; or]
2-5 [(2) enrolls in a certificate or degree program at an
2-6 institution of higher education.]
2-7 [(r)] This section does not apply to:
2-8 (1) a student who accumulated three or more
2-9 college-level semester credit hours prior to the 1989 fall
2-10 semester;
2-11 (2) a student located outside this state who enrolls
2-12 in a course offered outside this state by an institution of higher
2-13 education;
2-14 (3) a deaf student;
2-15 (4) a student who has graduated with a baccalaureate
2-16 degree from an institution of higher education, an accredited
2-17 private or independent institution of higher education, or an
2-18 accredited out-of-state institution of higher education;
2-19 (5) a student enrolled in a certificate program at a
2-20 community or technical college of one year or less; or
2-21 (6) a student who is [a citizen of a country other
2-22 than the United States and is] not enrolled in a certificate or
2-23 degree program at an institution of higher education [seeking a
2-24 degree].
2-25 (p) [(s)] An institution of higher education shall provide
2-26 to each student who is accepted by the institution for admission
2-27 and to whom this section applies information in the institution's
3-1 catalog relating to the testing and developmental requirements of
3-2 this section and of the rules adopted by the Texas Higher Education
3-3 Coordinating Board.
3-4 [(t) An institution may exempt a non-degree-seeking or
3-5 non-certificate-seeking student who will be 55 years of age or
3-6 older on the first class day of a term or semester from the
3-7 testing requirements imposed by this section as a condition for
3-8 enrollment during that term or semester in a course.]
3-9 (q) [(u)] A student who has been diagnosed as having
3-10 dyslexia or a related disorder, as those terms are defined by
3-11 Section 38.003, or a specific learning disability in mathematics
3-12 by a qualified professional whose license or credentials are
3-13 appropriate to diagnose the disorder or disability as determined by
3-14 the board and who completes the developmental program prescribed by
3-15 the institution may be required to retake the test once but may not
3-16 be referred to an additional developmental course or other
3-17 developmental program or precluded from enrolling in an upper
3-18 division course because of the student's performance on the test.
3-19 (r) [(v)] A student who has passed the exit-level assessment
3-20 required under Section 39.023 shall be encouraged to take the test
3-21 required by this section while enrolled in high school unless the
3-22 student's scores on the exit-level assessment required under
3-23 Section 39.023, on the Scholastic Assessment Test, or on the
3-24 American College Test exempt the student from the test requirement
3-25 as provided by this section. The Texas Education Agency shall work
3-26 with the board to encourage eligible students to take the test;
3-27 however, taking the test shall be voluntary.
4-1 (s)(1) [(w)(1)] The provisions of this subsection apply to
4-2 high school students taking the test required by this section.
4-3 (2) Each eligible high school student shall pay for
4-4 the cost of taking the test unless funds are appropriated for that
4-5 purpose. If funds are appropriated for that purpose, the board and
4-6 the Texas Education Agency shall develop a mechanism for the
4-7 payment of the cost of the test.
4-8 (3) The board shall arrange for the test to be offered
4-9 to high school students outside of regularly scheduled school days
4-10 and at locations throughout the state.
4-11 (4) Except as authorized by the student, test scores
4-12 of a high school student shall be reported only to the student and
4-13 the student's parents.
4-14 (5) A high school student who fails to achieve the
4-15 minimum required score set by the board may not be required to take
4-16 developmental classes while in high school. However, after
4-17 graduation from high school, a student who enters a public
4-18 institution of higher education must comply with the provisions of
4-19 this section.
4-20 (6) A high school student who achieves the minimum
4-21 required score set by the board shall be deemed to have met the
4-22 requirements of this section when enrolling at an institution of
4-23 higher education, provided that the student enrolls in the
4-24 institution not later than five years from the date the test is
4-25 taken and the set score level is achieved. A student enrolling for
4-26 the first time in an institution of higher education after the
4-27 five-year period has elapsed must comply with all provisions of
5-1 this section.
5-2 (7) The board and the Texas Education Agency shall
5-3 work together to provide high school students, their parents, and
5-4 their schools with information about the Texas Academic Skills
5-5 Program and assist them in interpreting the results of the test.
5-6 SECTION 2. Section 51.3061(g), Education Code, is amended to
5-7 read as follows:
5-8 (g) This section does not apply to a student who:
5-9 (1) is enrolled in a certificate program of one year
5-10 or less at an institution of higher education; or
5-11 (2) is not enrolled in a certificate or degree program
5-12 at an institution of higher education.
5-13 SECTION 3. The change in law made by this Act takes effect
5-14 beginning with the 1999 fall semester.
5-15 SECTION 4. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended,
5-20 and that this Act take effect and be in force from and after its
5-21 passage, and it is so enacted.