76R10049 CAG-D
By Rangel, West, Davis of Dallas, Luna H.B. No. 2591
Seaman, et al.
Substitute the following for H.B. No. 2591:
By Rangel C.S.H.B. No. 2591
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to skills assessment and placement testing of
1-3 undergraduate students entering public institutions of higher
1-4 education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.306, Education Code, is amended to
1-7 read as follows:
1-8 Sec. 51.306. ASSESSMENT AND PLACEMENT [TEXAS ACADEMIC SKILLS
1-9 PROGRAM]. (a) In this section:
1-10 (1) "Board," "institution of higher education,"
1-11 "private or independent institution of higher education," "general
1-12 academic teaching institution," "public junior college," and
1-13 "public technical institute" have the meanings assigned by Section
1-14 61.003 [of this code].
1-15 (2) "Deaf student" means a student who is a deaf
1-16 person as defined by Section 54.205(a) [of this code].
1-17 (3) "Blind student" means a student who is a blind
1-18 person as defined by Section 54.205(a) [of this code].
1-19 (4) "Core curriculum" has the meaning assigned by
1-20 Section 61.822.
1-21 (b) Each institution of higher education shall adopt a plan
1-22 for the assessment and placement of undergraduate students entering
1-23 the institution. Each plan must be filed with and approved by the
1-24 board. The board shall approve the plan if the board determines
2-1 that the plan provides for accountability and promotes improvement
2-2 in and the effective delivery of developmental education programs.
2-3 The plan must include:
2-4 (1) the test instruments and performance levels
2-5 required for the assessment of students and the placement of
2-6 students into a developmental education program or into courses
2-7 included in the core curriculum;
2-8 (2) the circumstances under which a student who does
2-9 not pass all areas of assessment under Subdivision (1) may enroll
2-10 in coursework within the core curriculum;
2-11 (3) the requirements for completion of a required
2-12 developmental education program; and
2-13 (4) a performance measure to measure the effectiveness
2-14 of a student's completed developmental education program that
2-15 includes performance standards equal to or greater than the
2-16 performance standards adopted under Subsection (g).
2-17 (c) A plan adopted under Subsection (b) may not prohibit a
2-18 student from enrolling in coursework within the core curriculum if
2-19 the student has completed at least one semester in a developmental
2-20 education program in any area for which the student was referred to
2-21 developmental education by the institution under Subsection (h).
2-22 The institution may provide guidance or advice to the student on
2-23 enrolling in coursework within the core curriculum.
2-24 (d) [(b)] Each undergraduate student who enters a public
2-25 institution of higher education must be tested for reading,
2-26 writing, and mathematics skills prior to enrolling in a course
2-27 included in the institution's core curriculum [any coursework].
3-1 The board shall prescribe circumstances under which a student who
3-2 has not been tested may enroll in a course included in the core
3-3 curriculum [coursework. A student who is permitted to enroll
3-4 without taking the test prescribed by the board must take the test
3-5 under Subsection (c) not later than the end of the first semester
3-6 of enrollment].
3-7 (e) [(c)] For purposes of Subsection (d) [(b)], the
3-8 institution shall use a test [the Texas Academic Skills Program
3-9 Test] instrument prescribed by the board. The board shall
3-10 prescribe more than one test instrument. [However, the board may
3-11 prescribe an alternative test instrument for an institution to use
3-12 to test a student. Each alternative test instrument prescribed
3-13 shall be correlated with the Texas Academic Skills Program Test.]
3-14 Each test instrument prescribed [adopted] by the board must be of a
3-15 diagnostic nature and be designed to provide a comparison of the
3-16 skill level of the individual student with the skill level
3-17 necessary for a student to perform effectively in the core
3-18 curriculum [an undergraduate degree program]. In prescribing
3-19 [developing] the test instruments [Texas Academic Skills Program
3-20 Test], the board may [shall] consider the recommendations of
3-21 faculty from various institutions of higher education.
3-22 (f) [(d)] An institution may not use performance on the test
3-23 as a condition of admission into the institution.
3-24 (g) [(e)] The board shall prescribe minimum performance
3-25 standards for each test instrument. A student whose performance is
3-26 below the standard for tested skill must participate in a
3-27 developmental education program. An institution may require higher
4-1 performance standards.
4-2 (h) [(f)] If the test results indicate that developmental
4-3 education is necessary in any area tested, the institution shall
4-4 refer the student to developmental education [courses or other
4-5 developmental] programs made available by the institution. Each
4-6 institution shall make available developmental education [those
4-7 courses and] programs on the same campus at which the student would
4-8 otherwise attend classes. Developmental education [The courses
4-9 or] programs offered under this section may not be awarded
4-10 [considered as] credit toward completion of degree requirements.
4-11 (i) [On completion of the developmental coursework or
4-12 program, the student shall take that portion of the Texas Academic
4-13 Skills Program Test for which developmental education was required.
4-14 (g)] A student may [not] enroll in any upper division course
4-15 completion of which would give the student 60 or more semester
4-16 credit hours or the equivalent only if [until] the student has
4-17 satisfied the requirements of the institutional plan for assessment
4-18 and placement adopted under Subsection (b) [student's Texas
4-19 Academic Skills Program Test results meet or exceed the minimum
4-20 standards in each skill area for which developmental education was
4-21 required] or the student has completed the core curriculum with a
4-22 grade-point average of 2.25 or more on a 4.0 scale or its
4-23 equivalent [earned a grade of "B" or better in a freshman-level
4-24 credit course in the subject matter of the assessed deficit. For
4-25 that purpose, the board shall establish a list of freshman-level
4-26 credit courses for each skill area of the test instrument. The
4-27 board shall establish other assessment procedures to be used by
5-1 institutions to allow a student to enroll in upper division courses
5-2 in cases where student test results do not meet minimum standards].
5-3 (j) [(h)] The state shall fund approved [nondegree credit]
5-4 developmental education programs [courses]; however, a general
5-5 academic teaching institution may not receive funding for
5-6 developmental education programs [coursework] taken by a student in
5-7 excess of 18 semester [credit] hours, and a public junior college
5-8 or public technical institute may not receive funding for
5-9 developmental education programs [coursework] taken by a student in
5-10 excess of 27 semester [credit] hours. [Additionally, the board
5-11 shall develop formulas to augment institutional funding of other
5-12 developmental academic programs and shall develop a performance
5-13 funding formula by which institutions may receive additional
5-14 funding for each student who successfully completes the
5-15 developmental courses. The additional funding required under such
5-16 formulas shall be met by state appropriation.]
5-17 (k) [(i)] Each institution shall establish an advising
5-18 program to advise students at every level of courses and degree
5-19 options that are appropriate for the individual student.
5-20 (l) [(j)] The unit costs of each test shall be borne by the
5-21 student, either by direct payment or by a fee imposed by the
5-22 institution. Costs of administering the tests to students shown to
5-23 be financially needy under criteria established by the board shall
5-24 be borne by the state through appropriation to the board for that
5-25 purpose or other sources of funds. Additionally, appropriation
5-26 shall be made to the board to cover overall administrative costs of
5-27 the testing program.
6-1 (m) [(k)] Each institution shall report annually to the
6-2 board, on or before a day set by rule of the board, concerning the
6-3 results of the students being tested and the effectiveness of the
6-4 institution's developmental education program and advising program.
6-5 In addition, the board shall publish annually a summary of the
6-6 report required by Section 51.403(e) identifying by name the high
6-7 school from which each tested student graduated and a statement as
6-8 to whether or not the student's performance was above or below the
6-9 standard. The summary must include the number of students at each
6-10 high school who took and passed the test while enrolled in high
6-11 school. For the purposes of this report, students shall not be
6-12 identified by name. The board shall publish annually a report
6-13 summarizing by institution of higher education for each academic
6-14 year the total number of students who:
6-15 (1) entered a developmental education program;
6-16 (2) completed developmental education programs
6-17 [courses]; and
6-18 (3) [took the Texas Academic Skills Program Test after
6-19 completing developmental courses;]
6-20 [(4) passed the Texas Academic Skills Program Test
6-21 after completing developmental courses; and]
6-22 [(5)] satisfied the requirements of the institutional
6-23 plan for developmental education described by Subsection (b)
6-24 [requirement of Subsection (g) in each skill area by earning an
6-25 acceptable grade in an approved course as permitted by that
6-26 subsection].
6-27 (n) [(l)] A high school student who performs at or above a
7-1 level set by the board on the exit-level assessment required under
7-2 Section 39.023 is exempt from this section. The level set by the
7-3 board may not exceed a level that is equivalent to a 95 percent
7-4 probability of passing any of the test instruments adopted by the
7-5 board under Subsection (e) [the Texas Academic Skills Program
7-6 Test]. This exemption will be in effect for five [three] years
7-7 from the date a student takes the assessment and achieves the set
7-8 score level. A student enrolling for the first time in an
7-9 institution of higher education after the five-year [three-year]
7-10 period has elapsed must conform to all provisions of this section.
7-11 (o) [(m)] An entering or transferring student who has
7-12 achieved a score to be set by the board on the Scholastic
7-13 Assessment Test or the American College Test is exempt from the
7-14 requirements of this section. The score set by the board may not
7-15 exceed a score that is equivalent to a 95 percent probability of
7-16 passing any of the test instruments adopted by the board under
7-17 Subsection (e) [the Texas Academic Skills Program Test]. This
7-18 exemption is effective for five years from the date the Scholastic
7-19 Assessment Test or the American College Test is taken and the set
7-20 standard is achieved. A student enrolling for the first time in an
7-21 institution of higher education after the five-year period has
7-22 elapsed must conform to all provisions of this section.
7-23 (p) [(n)] This section applies to a blind student only if
7-24 the test is administered to that student in large print or Braille
7-25 or is administered by audio cassette or by a reader, as appropriate
7-26 to that student.
7-27 (q) [(o)] A student at an institution of higher education is
8-1 exempt from the requirements of this section if the student enrolls
8-2 on a temporary basis at the institution of higher education and:
8-3 (1) is also enrolled at an accredited private or
8-4 independent institution of higher education or an accredited
8-5 out-of-state institution of higher education; or
8-6 (2) has graduated from an institution of higher
8-7 education, an accredited private or independent institution of
8-8 higher education, or an accredited out-of-state institution of
8-9 higher education.
8-10 (r) [(p)] To receive an exemption under Subsection
8-11 (q) [(o)], a student must present to the institution of higher
8-12 education at which the student seeks the exemption as evidence of
8-13 enrollment in another institution:
8-14 (1) a transcript, grade report, or paid fee receipt
8-15 from the preceding semester; or
8-16 (2) any other evidence acceptable to the institution
8-17 of higher education as proof of enrollment in the other
8-18 institution.
8-19 (s) [(q)] An exemption under Subsection (q) [(o)] terminates
8-20 if the student:
8-21 (1) enrolls on a permanent basis in an institution of
8-22 higher education; or
8-23 (2) enrolls in a [certificate or] degree program at an
8-24 institution of higher education.
8-25 (t) [(r)] This section does not apply to:
8-26 (1) a student who accumulated three or more
8-27 college-level semester credit hours prior to the 1989 fall
9-1 semester;
9-2 (2) a student located outside this state who enrolls
9-3 in a course offered outside this state by an institution of higher
9-4 education;
9-5 (3) a deaf student;
9-6 (4) a student who has graduated with a baccalaureate
9-7 degree from an institution of higher education, an accredited
9-8 private or independent institution of higher education, or an
9-9 accredited out-of-state institution of higher education;
9-10 (5) a student enrolled in a certificate program at a
9-11 public junior or community college or public technical institute
9-12 [college of one year or less]; [or]
9-13 (6) a student who is a citizen of a country other than
9-14 the United States and is not seeking a degree;
9-15 (7) a student seeking a degree or certificate if the
9-16 student will be 35 years of age or older on the first class day of
9-17 a term or semester; or
9-18 (8) a student who is a member of the United States
9-19 Armed Forces on active duty.
9-20 (u) [(s)] An institution of higher education shall provide
9-21 to each student who is accepted by the institution for admission
9-22 and to whom this section applies information in the institution's
9-23 catalog relating to the testing and developmental education
9-24 requirements of this section and of the rules adopted by the board
9-25 [Texas Higher Education Coordinating Board.]
9-26 [(t) An institution may exempt a non-degree-seeking or
9-27 non-certificate-seeking student who will be 55 years of age or
10-1 older on the first class day of a term or semester from the testing
10-2 requirements imposed by this section as a condition for enrollment
10-3 during that term or semester in a course].
10-4 (v) [(u)] A student who has been diagnosed as having
10-5 dyslexia or a related disorder, as those terms are defined by
10-6 Section 38.003, or a specific learning disability in mathematics by
10-7 a qualified professional whose license or credentials are
10-8 appropriate to diagnose the disorder or disability as determined by
10-9 the board and who completes the developmental education program
10-10 prescribed by the institution may be required to retake the test
10-11 once but may not be referred to an additional developmental
10-12 education course or other developmental program or precluded from
10-13 enrolling in an upper division course because of the student's
10-14 performance on the test.
10-15 (w) [(v)] A student who has passed the exit-level assessment
10-16 required under Section 39.023 shall be encouraged to take the test
10-17 required by this section while enrolled in high school unless the
10-18 student's scores on the exit-level assessment required under
10-19 Section 39.023, on the Scholastic Assessment Test, or on the
10-20 American College Test exempt the student from the test requirement
10-21 as provided by this section. The Texas Education Agency shall work
10-22 with the board to encourage eligible students to take the test;
10-23 however, taking the test shall be voluntary.
10-24 (x) [(w)](1) The provisions of this subsection apply to high
10-25 school students taking a [the] test required by this section.
10-26 (2) Each eligible high school student shall pay for
10-27 the cost of taking the test unless funds are appropriated for that
11-1 purpose or the cost is paid by the governing board of an
11-2 institution of higher education or the student's school district.
11-3 If funds are appropriated or otherwise provided for testing costs
11-4 [that purpose], the board and the Texas Education Agency shall
11-5 develop a mechanism for the payment of the cost of the test.
11-6 (3) The board shall arrange for the test to be offered
11-7 to high school students outside of regularly scheduled school days
11-8 and at locations throughout the state.
11-9 (4) Except as authorized by the student, test scores
11-10 of a high school student shall be reported only to the student and
11-11 the student's parents.
11-12 (5) A high school student who fails to achieve the
11-13 minimum required score set by the board may not be required to take
11-14 developmental classes while in high school. However, after
11-15 graduation from high school, a student who enters a public
11-16 institution of higher education must comply with the provisions of
11-17 this section.
11-18 (6) A high school student who achieves the minimum
11-19 required score set by the board shall be deemed to have met the
11-20 requirements of this section when enrolling at an institution of
11-21 higher education, provided that the student enrolls in the
11-22 institution not later than five years from the date the test is
11-23 taken and the set score level is achieved. A student enrolling for
11-24 the first time in an institution of higher education after the
11-25 five-year period has elapsed must comply with all provisions of
11-26 this section.
11-27 (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 assessment and placement
12-3 requirements of this section [Texas Academic Skills Program and
12-4 assist them in interpreting the results of the test].
12-5 (y) The board shall adopt rules to ensure the program
12-6 quality and effectiveness of developmental education programs
12-7 offered by an institution of higher education under this section.
12-8 The rules must provide for accountability and promote improvement
12-9 in developmental education programs. The board, in adopting rules
12-10 under this subsection, shall consult with an advisory committee
12-11 composed of representatives of institutions of higher education
12-12 that offer developmental education programs. A majority of the
12-13 members of the advisory committee must be faculty members of
12-14 institutions of higher education.
12-15 SECTION 2. Subchapter C, Chapter 132, Education Code, is
12-16 amended by adding Section 132.0631 to read as follows:
12-17 Sec. 132.0631. ACADEMIC SKILLS REQUIREMENTS FOR DEGREE
12-18 PROGRAMS. The Texas Higher Education Coordinating Board may not
12-19 adopt criteria for student academic skills or academic skills
12-20 testing as a prerequisite to approval of degree programs offered by
12-21 proprietary schools that are more stringent than the criteria
12-22 adopted by the board for a degree program at the same level offered
12-23 by an institution of higher education, as defined by Section
12-24 61.003.
12-25 SECTION 3. (a) A public junior college or public technical
12-26 institute may award a certificate to a person who has not completed
12-27 the requirements of Section 51.306, Education Code, as amended by
13-1 this Act, including any testing requirement, if:
13-2 (1) the person enrolled in a certificate program at
13-3 the public junior college or public technical institute and
13-4 completed all other academic or other requirements for the
13-5 completion of the certificate program before the effective date of
13-6 this Act; and
13-7 (2) the person pays the institution any required fees
13-8 for the award of the certificate.
13-9 (b) A public junior college or public technical institute
13-10 may inform persons who are or were enrolled in a certificate
13-11 program at the institution of the provisions of this section.
13-12 SECTION 4. (a) Not later than September 1, 1999, the Texas
13-13 Higher Education Coordinating Board shall adopt rules to implement
13-14 the assessment and placement requirements of Section 51.306,
13-15 Education Code, as amended by this Act.
13-16 (b) This Act takes effect beginning with the 1999 fall
13-17 semester.
13-18 SECTION 5. The importance of this legislation and the
13-19 crowded condition of the calendars in both houses create an
13-20 emergency and an imperative public necessity that the
13-21 constitutional rule requiring bills to be read on three several
13-22 days in each house be suspended, and this rule is hereby suspended,
13-23 and that this Act take effect and be in force from and after its
13-24 passage, and it is so enacted.