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.