By Capelo H.B. No. 787
76R4075 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assessment and placement testing by institutions of
1-3 higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.306, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 51.306. ASSESSMENT AND PLACEMENT [TEXAS ACADEMIC SKILLS
1-8 PROGRAM]. (a) In this section:
1-9 (1) "Board," "institution of higher education,"
1-10 "private or independent institution of higher education," "general
1-11 academic teaching institution," "public junior college," and
1-12 "public technical institute" have the meanings assigned by Section
1-13 61.003 [of this code].
1-14 (2) "Deaf student" means a student who is a deaf
1-15 person as defined by Section 54.205(a) [of this code].
1-16 (3) "Blind student" means a student who is a blind
1-17 person as defined by Section 54.205(a) [of this code].
1-18 (4) "Core curriculum" has the meaning assigned by
1-19 Section 61.822.
1-20 (b) Each institution of higher education shall annually file
1-21 with the board a plan for developmental education describing the
1-22 assessment and advising program at the institution. The plan is
1-23 subject to the approval of the board. The plan must include:
1-24 (1) the test instruments and performance levels
2-1 required for assessment of students and placement of students into
2-2 a developmental education program;
2-3 (2) the circumstances under which a student who has
2-4 not been assessed under Subdivision (1) may enroll in additional
2-5 coursework;
2-6 (3) the requirements for completion of the required
2-7 developmental education program; and
2-8 (4) the test instruments and performance levels
2-9 required for exiting a developmental education program.
2-10 (c) [(b)] Each undergraduate student who enters a public
2-11 institution of higher education must be tested for reading,
2-12 writing, and mathematics skills prior to enrolling in a course
2-13 included in the core curriculum [any coursework]. The board shall
2-14 prescribe circumstances under which a student who has not been
2-15 tested may enroll in a course included in the core curriculum
2-16 [coursework]. [A student who is permitted to enroll without taking
2-17 the test prescribed by the board must take the test under
2-18 Subsection (c) not later than the end of the first semester of
2-19 enrollment.]
2-20 (d) [(c)] For purposes of Subsections [Subsection] (b) and
2-21 (c), the institution shall use a test [the Texas Academic Skills
2-22 Program Test] instrument prescribed by the board. The board shall
2-23 prescribe more than one test instrument. [However, the board may
2-24 prescribe an alternative test instrument for an institution to use
2-25 to test a student. Each alternative test instrument prescribed
2-26 shall be correlated with the Texas Academic Skills Program Test.]
2-27 Each test instrument prescribed [adopted] by the board must be of a
3-1 diagnostic nature and be designed to provide a comparison of the
3-2 skill level of the individual student with the skill level
3-3 necessary for a student to perform effectively in an undergraduate
3-4 degree program. In prescribing [developing] the test instruments
3-5 [Texas Academic Skills Program Test], the board may [shall]
3-6 consider the recommendations of faculty from various institutions
3-7 of higher education.
3-8 (e) [(d)] An institution may not use performance on the test
3-9 as a condition of admission into the institution.
3-10 (f) [(e)] The board shall prescribe minimum performance
3-11 standards for each test instrument. A student whose performance is
3-12 below the standard for tested skill must participate in a
3-13 developmental program. An institution may require higher
3-14 performance standards.
3-15 (g) [(f)] If the test results indicate that developmental
3-16 education is necessary in any area tested, the institution shall
3-17 refer the student to developmental courses or other developmental
3-18 programs made available by the institution. Each institution shall
3-19 make available those courses and programs on the same campus at
3-20 which the student would otherwise attend classes. The courses or
3-21 programs may not be considered as credit toward completion of
3-22 degree requirements. On completion of the developmental coursework
3-23 or program, the student shall be assessed under the institutional
3-24 plan for developmental education described by Subsection (b) [take
3-25 that portion of the Texas Academic Skills Program Test for which
3-26 developmental education was required].
3-27 (h) [(g)] A student may not enroll in any upper division
4-1 course completion of which would give the student 60 or more
4-2 semester credit hours or the equivalent until the student has
4-3 satisfied the requirements of the institutional plan for
4-4 developmental education described by Subsection (b) [student's
4-5 Texas Academic Skills Program Test results meet or exceed the
4-6 minimum standards in each skill area for which developmental
4-7 education was required] or the student has completed the core
4-8 curriculum with a grade point average of 2.25 or better on a 4.0
4-9 scale or its equivalent [earned a grade of "B" or better in a
4-10 freshman-level credit course in the subject matter of the assessed
4-11 deficit. For that purpose, the board shall establish a list of
4-12 freshman-level credit courses for each skill area of the test
4-13 instrument]. The board shall establish other assessment procedures
4-14 to be used by institutions to allow a student to enroll in upper
4-15 division courses in cases where student test results do not meet
4-16 minimum standards.
4-17 (i) [(h)] The state shall fund approved nondegree credit
4-18 developmental courses; however, a general academic teaching
4-19 institution may not receive funding for developmental coursework
4-20 taken by a student in excess of 18 semester credit hours, and a
4-21 public junior college or public technical institute may not receive
4-22 funding for developmental coursework taken by a student in excess
4-23 of 27 semester credit hours. Additionally, the board shall develop
4-24 formulas to augment institutional funding of other developmental
4-25 academic programs and shall develop a performance funding formula
4-26 by which institutions may receive additional funding for each
4-27 student who successfully completes the developmental courses. The
5-1 additional funding required under such formulas shall be met by
5-2 state appropriation.
5-3 (j) [(i)] Each institution shall establish an advising
5-4 program to advise students at every level of courses and degree
5-5 options that are appropriate for the individual student.
5-6 (k) [(j)] The unit costs of each test shall be borne by the
5-7 student, either by direct payment or by a fee imposed by the
5-8 institution. Costs of administering the tests to students shown to
5-9 be financially needy under criteria established by the board shall
5-10 be borne by the state through appropriation to the board for that
5-11 purpose or other sources of funds. Additionally, appropriation
5-12 shall be made to the board to cover overall administrative costs of
5-13 the testing program.
5-14 (l) [(k)] Each institution shall report annually to the
5-15 board, on or before a day set by rule of the board, concerning the
5-16 results of the students being tested and the effectiveness of the
5-17 institution's developmental program and advising program. In
5-18 addition, the board shall publish annually a summary of the report
5-19 required by Section 51.403(e) identifying by name the high school
5-20 from which each tested student graduated and a statement as to
5-21 whether or not the student's performance was above or below the
5-22 standard. The summary must include the number of students at each
5-23 high school who took and passed the test while enrolled in high
5-24 school. For the purposes of this report, students shall not be
5-25 identified by name. The board shall publish annually a report
5-26 summarizing by institution of higher education for each academic
5-27 year the total number of students who:
6-1 (1) entered a developmental program;
6-2 (2) completed developmental courses; and
6-3 (3) [took the Texas Academic Skills Program Test after
6-4 completing developmental courses;]
6-5 [(4) passed the Texas Academic Skills Program Test
6-6 after completing developmental courses; and]
6-7 [(5)] satisfied the requirements of the institutional
6-8 plan for developmental education described by Subsection (b)
6-9 [requirement of Subsection (g) in each skill area by earning an
6-10 acceptable grade in an approved course as permitted by that
6-11 subsection].
6-12 (m) [(l)] A high school student who performs at or above a
6-13 level set by the board on the exit-level assessment required under
6-14 Section 39.023 is exempt from this section. The level set by the
6-15 board may not exceed a level that is equivalent to a 95 percent
6-16 probability of passing any of the test instruments adopted by the
6-17 board under Subsection (d) [the Texas Academic Skills Program
6-18 Test]. This exemption will be in effect for five [three] years
6-19 from the date a student takes the assessment and achieves the set
6-20 score level. A student enrolling for the first time in an
6-21 institution of higher education after the five-year [three-year]
6-22 period has elapsed must conform to all provisions of this section.
6-23 (n) [(m)] An entering or transferring student who has
6-24 achieved a score to be set by the board on the Scholastic
6-25 Assessment Test or the American College Test is exempt from the
6-26 requirements of this section. The score set by the board may not
6-27 exceed a score that is equivalent to a 95 percent probability of
7-1 passing any of the test instruments adopted by the board under
7-2 Subsection (d) [the Texas Academic Skills Program Test]. This
7-3 exemption is effective for five years from the date the Scholastic
7-4 Assessment Test or the American College Test is taken and the set
7-5 standard is achieved. A student enrolling for the first time in an
7-6 institution of higher education after the five-year period has
7-7 elapsed must conform to all provisions of this section.
7-8 (o) [(n)] This section applies to a blind student only if
7-9 the test is administered to that student in large print or Braille
7-10 or is administered by audio cassette or by a reader, as appropriate
7-11 to that student.
7-12 (p) [(o)] A student at an institution of higher education is
7-13 exempt from the requirements of this section if the student enrolls
7-14 on a temporary basis at the institution of higher education and:
7-15 (1) is also enrolled at an accredited private or
7-16 independent institution of higher education or an accredited
7-17 out-of-state institution of higher education; or
7-18 (2) has graduated from an institution of higher
7-19 education, an accredited private or independent institution of
7-20 higher education, or an accredited out-of-state institution of
7-21 higher education.
7-22 (q) [(p)] To receive an exemption under Subsection
7-23 (p) [(o)], a student must present to the institution of higher
7-24 education at which the student seeks the exemption as evidence of
7-25 enrollment in another institution:
7-26 (1) a transcript, grade report, or paid fee receipt
7-27 from the preceding semester; or
8-1 (2) any other evidence acceptable to the institution
8-2 of higher education as proof of enrollment in the other
8-3 institution.
8-4 (r) [(q)] An exemption under Subsection (p) [(o)] terminates
8-5 if the student:
8-6 (1) enrolls on a permanent basis in an institution of
8-7 higher education; or
8-8 (2) enrolls in a certificate or degree program at an
8-9 institution of higher education.
8-10 (s) [(r)] This section does not apply to:
8-11 (1) a student who accumulated three or more
8-12 college-level semester credit hours prior to the 1989 fall
8-13 semester;
8-14 (2) a student located outside this state who enrolls
8-15 in a course offered outside this state by an institution of higher
8-16 education;
8-17 (3) a deaf student;
8-18 (4) a student who has graduated with a baccalaureate
8-19 degree from an institution of higher education, an accredited
8-20 private or independent institution of higher education, or an
8-21 accredited out-of-state institution of higher education;
8-22 (5) a student enrolled in a certificate program at a
8-23 community or technical college [of one year or less]; or
8-24 (6) a student who is [a citizen of a country other
8-25 than the United States and is] not seeking a degree or certificate.
8-26 (t) [(s)] An institution of higher education shall provide
8-27 to each student who is accepted by the institution for admission
9-1 and to whom this section applies information in the institution's
9-2 catalog relating to the testing and developmental requirements of
9-3 this section and of the rules adopted by the board [Texas Higher
9-4 Education Coordinating Board].
9-5 [(t) An institution may exempt a non-degree-seeking or
9-6 non-certificate-seeking student who will be 55 years of age or
9-7 older on the first class day of a term or semester from the testing
9-8 requirements imposed by this section as a condition for enrollment
9-9 during that term or semester in a course.]
9-10 (u) A student who has been diagnosed as having dyslexia or a
9-11 related disorder, as those terms are defined by Section 38.003, or
9-12 a specific learning disability in mathematics by a qualified
9-13 professional whose license or credentials are appropriate to
9-14 diagnose the disorder or disability as determined by the board and
9-15 who completes the developmental program prescribed by the
9-16 institution may be required to retake the test once but may not be
9-17 referred to an additional developmental course or other
9-18 developmental program or precluded from enrolling in an upper
9-19 division course because of the student's performance on the test.
9-20 (v) A student who has passed the exit-level assessment
9-21 required under Section 39.023 shall be encouraged to take the test
9-22 required by this section while enrolled in high school unless the
9-23 student's scores on the exit-level assessment required under
9-24 Section 39.023, on the Scholastic Assessment Test, or on the
9-25 American College Test exempt the student from the test requirement
9-26 as provided by this section. The Texas Education Agency shall work
9-27 with the board to encourage eligible students to take the test;
10-1 however, taking the test shall be voluntary.
10-2 (w)(1) The provisions of this subsection apply to high
10-3 school students taking a [the] test required by this section.
10-4 (2) Each eligible high school student shall pay for
10-5 the cost of taking the test unless funds are appropriated for that
10-6 purpose or the cost is paid by the governing board of an
10-7 institution of higher education or the student's school district.
10-8 If funds are appropriated or provided for testing costs [that
10-9 purpose], the board and the Texas Education Agency shall develop a
10-10 mechanism for the payment of the cost of the test.
10-11 (3) The board shall arrange for the test to be offered
10-12 to high school students outside of regularly scheduled school days
10-13 and at locations throughout the state.
10-14 (4) Except as authorized by the student, test scores
10-15 of a high school student shall be reported only to the student and
10-16 the student's parents.
10-17 (5) A high school student who fails to achieve the
10-18 minimum required score set by the board may not be required to take
10-19 developmental classes while in high school. However, after
10-20 graduation from high school, a student who enters a public
10-21 institution of higher education must comply with the provisions of
10-22 this section.
10-23 (6) A high school student who achieves the minimum
10-24 required score set by the board shall be deemed to have met the
10-25 requirements of this section when enrolling at an institution of
10-26 higher education, provided that the student enrolls in the
10-27 institution not later than five years from the date the test is
11-1 taken and the set score level is achieved. A student enrolling for
11-2 the first time in an institution of higher education after the
11-3 five-year period has elapsed must comply with all provisions of
11-4 this section.
11-5 (7) The board and the Texas Education Agency shall
11-6 work together to provide high school students, their parents, and
11-7 their schools with information about the assessment and placement
11-8 requirements of this section [Texas Academic Skills Program and
11-9 assist them in interpreting the results of the test].
11-10 SECTION 2. (a) Not later than September 1, 1999, the Texas
11-11 Higher Education Coordinating Board shall adopt rules to implement
11-12 the assessment and placement requirements of Section 51.306,
11-13 Education Code, as amended by this Act.
11-14 (b) This Act takes effect beginning with the fall semester
11-15 of 1999.
11-16 SECTION 3. The importance of this legislation and the
11-17 crowded condition of the calendars in both houses create an
11-18 emergency and an imperative public necessity that the
11-19 constitutional rule requiring bills to be read on three several
11-20 days in each house be suspended, and this rule is hereby suspended,
11-21 and that this Act take effect and be in force from and after its
11-22 passage, and it is so enacted.