By Rangel                                             H.B. No. 2591
         76R4771 CAG-F                           
                                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 and
1-22     file with the board a plan for the assessment and placement of
1-23     undergraduate students entering the institution.  The plan must
1-24     include:
 2-1                 (1)  the test instruments and performance levels
 2-2     required for the assessment of students and the placement of
 2-3     students into a developmental education program or into courses
 2-4     included in the core curriculum;
 2-5                 (2)  the circumstances under which a student who does
 2-6     not pass all areas of assessment under Subdivision (1) may enroll
 2-7     in coursework within the core curriculum;
 2-8                 (3)  the requirements for completion of a required
 2-9     developmental education program; and
2-10                 (4)  any performance measure adopted by the institution
2-11     to measure the effectiveness of a student's completed developmental
2-12     education program.
2-13           (c)  A plan adopted under Subsection (b) may not prohibit a
2-14     student from enrolling in coursework within the core curriculum.
2-15     The institution may provide guidance or advice to the student on
2-16     enrolling in coursework within the core curriculum.
2-17           (d) [(b)]  Each undergraduate student who enters a public
2-18     institution of higher education must be tested for reading,
2-19     writing, and  mathematics skills prior to enrolling in a course
2-20     included in the institution's core curriculum [any coursework].
2-21     The board shall prescribe circumstances under which a student  who
2-22     has not been tested may enroll in a course included in the core
2-23     curriculum [coursework].  [A student who is permitted to enroll
2-24     without taking the test prescribed by the board must take the test
2-25     under Subsection (c) not later than the end of the first semester
2-26     of enrollment.]
2-27           (e) [(c)]  For purposes of Subsection (d) [(b)], the
 3-1     institution shall use a test [the Texas Academic Skills Program
 3-2     Test] instrument prescribed by the board.  The board shall
 3-3     prescribe more than one test instrument.  [However, the board may
 3-4     prescribe an alternative test instrument for an institution to use
 3-5     to test a student.  Each alternative test instrument prescribed
 3-6     shall be correlated with the Texas Academic Skills Program Test.]
 3-7     Each test instrument prescribed [adopted] by the board must be of a
 3-8     diagnostic nature and be designed to provide a comparison of the
 3-9     skill level  of the individual student with the skill level
3-10     necessary for a student to perform effectively in the core
3-11     curriculum [an undergraduate degree program].  In prescribing
3-12     [developing] the test instruments [Texas Academic Skills Program
3-13     Test], the board may [shall] consider the recommendations of
3-14     faculty from various institutions of higher education.
3-15           (f) [(d)]  An institution may not use performance on the test
3-16     as a condition of admission into the institution.
3-17           (g) [(e)]  The board shall prescribe minimum performance
3-18     standards for each test instrument.  A student whose performance is
3-19     below the standard for tested skill must participate in a
3-20     developmental education program.  An institution may require higher
3-21     performance standards.
3-22           (h) [(f)]  If the test results indicate that developmental
3-23     education is necessary in any area tested, the institution shall
3-24     refer the student to developmental education [courses or other
3-25     developmental] programs made available by the institution.  Each
3-26     institution shall make available developmental education [those
3-27     courses and] programs on the same campus at which the student would
 4-1     otherwise attend classes.  Developmental education  [The courses
 4-2     or] programs offered under this section may not be awarded
 4-3     [considered as] credit toward completion of degree requirements.
 4-4     [On completion of the developmental coursework or program, the
 4-5     student shall take that portion of the Texas Academic Skills
 4-6     Program Test for which developmental education was required.]
 4-7           (i) [(g)]  A student may [not] enroll in any upper division
 4-8     course completion of which would give the student 60 or more
 4-9     semester credit hours or the equivalent only if [until] the student
4-10     has satisfied the requirements of the institutional plan for
4-11     assessment and placement adopted under Subsection (b) [student's
4-12     Texas Academic Skills Program Test results meet or exceed the
4-13     minimum standards in each skill area for which developmental
4-14     education was required] or the student has completed the core
4-15     curriculum with a grade-point average of 2.25 or more on a 4.0
4-16     scale or its equivalent [earned a grade of "B" or better in a
4-17     freshman-level credit course in the subject matter of the assessed
4-18     deficit.  For that purpose, the board shall establish a list of
4-19     freshman-level credit courses for each skill area of the test
4-20     instrument]. The board shall establish other assessment procedures
4-21     to be used by institutions to allow a student to enroll in upper
4-22     division courses in cases where student test results do not meet
4-23     minimum standards.
4-24           (j) [(h)]  The state shall fund approved [nondegree credit]
4-25     developmental education programs [courses];  however, a general
4-26     academic teaching institution may not receive funding for
4-27     developmental education programs [coursework] taken by a student in
 5-1     excess of 18 semester [credit] hours, and a public junior college
 5-2     or public technical institute may not receive funding for
 5-3     developmental education programs [coursework] taken by a student in
 5-4     excess of 27 semester [credit] hours.  [Additionally, the board
 5-5     shall develop formulas to augment institutional funding of other
 5-6     developmental academic programs and shall develop a performance
 5-7     funding formula by which institutions may receive additional
 5-8     funding for each student who successfully completes the
 5-9     developmental courses.  The additional funding required under such
5-10     formulas shall be met by state appropriation.]
5-11           (k) [(i)]  Each institution shall establish an advising
5-12     program to advise students at every level of courses and degree
5-13     options that are appropriate for the individual student.
5-14           (l) [(j)]  The unit costs of each test shall be borne by the
5-15     student, either by direct payment or by a fee imposed by the
5-16     institution.  Costs of administering the tests to students shown to
5-17     be financially needy under criteria established by the board shall
5-18     be borne by the state through appropriation to the board for that
5-19     purpose or other sources of funds.  Additionally, appropriation
5-20     shall be made to the board to cover overall administrative costs of
5-21     the testing program.
5-22           (m) [(k)]  Each institution shall report annually to the
5-23     board, on or before a day set by rule of the board, concerning the
5-24     results of the students being tested and the effectiveness of the
5-25     institution's developmental education program and advising program.
5-26     In addition, the board shall publish annually a summary of the
5-27     report required by Section 51.403(e) identifying by name the high
 6-1     school from which each tested student graduated and a statement as
 6-2     to whether or not the student's performance was above or below the
 6-3     standard.  The summary must include the number of students at each
 6-4     high school who took and passed the test while enrolled in high
 6-5     school.  For the purposes of this report, students shall not be
 6-6     identified by name.  The board shall publish annually a report
 6-7     summarizing by institution of higher education for each academic
 6-8     year the total number of students who:
 6-9                 (1)  entered a developmental education program;
6-10                 (2)  completed developmental education programs
6-11     [courses]; and
6-12                 (3)  [took the Texas Academic Skills Program Test after
6-13     completing developmental courses;]
6-14                 [(4)  passed the Texas Academic Skills Program Test
6-15     after completing developmental courses; and]
6-16                 [(5)]  satisfied the requirements of the institutional
6-17     plan for developmental education described by Subsection (b)
6-18     [requirement of Subsection (g) in each skill area by earning an
6-19     acceptable grade in an approved course as permitted by that
6-20     subsection].
6-21           (n) [(l)]  A high school student who performs at or above a
6-22     level set by the board on the exit-level assessment required under
6-23     Section 39.023 is exempt from this section.  The level set by the
6-24     board may not exceed a level that is equivalent to a 95 percent
6-25     probability of passing any of the test instruments adopted by the
6-26     board under Subsection (e) [the Texas Academic Skills Program
6-27     Test].  This  exemption will be in effect for five [three] years
 7-1     from the date a student takes the assessment and achieves the set
 7-2     score level. A student enrolling for the first time in an
 7-3     institution of higher education after the five-year [three-year]
 7-4     period has elapsed must conform to all provisions of this section.
 7-5           (o) [(m)]  An entering or transferring student who has
 7-6     achieved a score to be set by the board on the Scholastic
 7-7     Assessment Test or the American College Test is exempt from the
 7-8     requirements of this section.  The score set by the board may not
 7-9     exceed a score that is equivalent to a 95 percent probability of
7-10     passing any of the test instruments adopted by the board under
7-11     Subsection (e) [the Texas Academic Skills Program Test].  This
7-12     exemption is effective for five years from the date the Scholastic
7-13     Assessment Test or the American College Test is taken and the set
7-14     standard is achieved.  A student enrolling for the first time in an
7-15     institution of higher education after the five-year period has
7-16     elapsed must conform to all provisions of this section.
7-17           (p) [(n)]  This section applies to a blind student only if
7-18     the test is administered to that student in large print or Braille
7-19     or is administered by audio cassette or by a reader, as appropriate
7-20     to that student.
7-21           (q) [(o)]  A student at an institution of higher education is
7-22     exempt from the requirements of this section if the student enrolls
7-23     on a temporary basis at the institution of higher education and:
7-24                 (1)  is also enrolled at an accredited private or
7-25     independent institution of higher education or an accredited
7-26     out-of-state institution of higher education; or
7-27                 (2)  has graduated from an institution of higher
 8-1     education, an accredited private or independent institution of
 8-2     higher education, or an accredited out-of-state institution of
 8-3     higher education.
 8-4           (r) [(p)]  To receive an exemption under Subsection
 8-5     (q) [(o)], a student must present to the institution of higher
 8-6     education at which the student seeks the exemption as evidence of
 8-7     enrollment in another institution:
 8-8                 (1)  a transcript, grade report, or paid fee receipt
 8-9     from the preceding semester; or
8-10                 (2)  any other evidence acceptable to the institution
8-11     of higher education as proof of enrollment in the other
8-12     institution.
8-13           (s) [(q)]  An exemption under Subsection (q) [(o)] terminates
8-14     if the student:
8-15                 (1)  enrolls on a permanent basis in an institution of
8-16     higher education; or
8-17                 (2)  enrolls in a [certificate or] degree program at an
8-18     institution of higher education.
8-19           (t) [(r)]  This section does not apply to:
8-20                 (1)  a student who accumulated three or more
8-21     college-level semester credit hours prior to the 1989 fall
8-22     semester;
8-23                 (2)  a student located outside this state who enrolls
8-24     in a course offered outside this state by an institution of higher
8-25     education;
8-26                 (3)  a deaf student;
8-27                 (4)  a student who has graduated with a baccalaureate
 9-1     degree from an institution of higher education, an accredited
 9-2     private or independent institution of higher education, or an
 9-3     accredited out-of-state institution of higher education;
 9-4                 (5)  a student enrolled in a certificate program at a
 9-5     public junior or community college or public technical institute
 9-6     [college of one year or less]; [or]
 9-7                 (6)  a student who is [a citizen of a country other
 9-8     than the United States and is] not seeking a degree or certificate;
 9-9                 (7)  a student seeking a degree or certificate if the
9-10     student will be 30 years of age or older on the first class day of
9-11     a term or semester; or
9-12                 (8)  a student who is a member of the United States
9-13     Armed Forces on active duty.
9-14           (u) [(s)]  An institution of higher education shall provide
9-15     to each student who is accepted by the institution for admission
9-16     and to whom this section applies information in the institution's
9-17     catalog relating to the testing and developmental education
9-18     requirements of this section and of the rules adopted by the board
9-19     [Texas Higher Education Coordinating Board].
9-20           [(t)  An institution may exempt a non-degree-seeking or
9-21     non-certificate-seeking student who will be 55 years of age or
9-22     older on the first class day of a term or semester from the testing
9-23     requirements imposed by this section as a condition for enrollment
9-24     during that term or semester in a course.]
9-25           (v) [(u)]  A student who has been diagnosed as having
9-26     dyslexia or a related disorder, as those terms are defined by
9-27     Section 38.003, or a specific learning disability in mathematics by
 10-1    a qualified professional whose license or credentials are
 10-2    appropriate to diagnose the disorder or disability as determined by
 10-3    the board and who completes the developmental education program
 10-4    prescribed by the institution may be required to retake the test
 10-5    once but may not be referred to an additional developmental
 10-6    education course or other developmental program or precluded from
 10-7    enrolling in an upper division course because of the student's
 10-8    performance on the test.
 10-9          (w) [(v)]  A student who has passed the exit-level assessment
10-10    required under Section 39.023 shall be encouraged to take the test
10-11    required by this section while enrolled in high school unless the
10-12    student's scores on the exit-level assessment required under
10-13    Section 39.023, on the Scholastic Assessment Test, or on the
10-14    American College Test exempt the student from the test requirement
10-15    as provided by this section.  The Texas Education Agency shall work
10-16    with the board to encourage eligible students to take the test;
10-17    however, taking the test shall be voluntary.
10-18          (x) [(w)](1)  The provisions of this subsection apply to high
10-19    school students taking a [the] test required by this section.
10-20                (2)  Each eligible high school student shall pay for
10-21    the cost of taking the test unless funds are appropriated for that
10-22    purpose or the cost is paid by the governing board of an
10-23    institution of higher education or the student's school district.
10-24    If funds are appropriated or otherwise provided for testing costs
10-25    [that purpose], the board and the Texas Education Agency shall
10-26    develop a mechanism for the payment of the cost of the test.
10-27                (3)  The board shall arrange for the test to be offered
 11-1    to high school students outside of regularly scheduled school days
 11-2    and at locations throughout the state.
 11-3                (4)  Except as authorized by the student, test scores
 11-4    of a high school student shall be reported only to the student and
 11-5    the student's parents.
 11-6                (5)  A high school student who fails to achieve the
 11-7    minimum required score set by the board may not be required to take
 11-8    developmental classes while in high school.  However, after
 11-9    graduation from high school, a student who enters a public
11-10    institution of higher education must comply with the provisions of
11-11    this section.
11-12                (6)  A high school student who achieves the minimum
11-13    required score set by the board shall be deemed to have met the
11-14    requirements of this section when enrolling at an institution of
11-15    higher education, provided that the student enrolls in the
11-16    institution not later than five years from the date the test is
11-17    taken and the set score level is achieved.  A student enrolling for
11-18    the first time in an institution of higher education after the
11-19    five-year period has elapsed must comply with all provisions of
11-20    this section.
11-21                (7)  The board and the Texas Education Agency shall
11-22    work together to provide high school students, their parents, and
11-23    their schools with information about the assessment and placement
11-24    requirements of this section [Texas Academic Skills Program and
11-25    assist them in interpreting the results of the test].
11-26          (y)  The board shall adopt rules to ensure the program
11-27    quality and effectiveness of developmental education programs
 12-1    offered by an institution of higher education under this section.
 12-2    The rules must provide for accountability and promote improvement
 12-3    in developmental education programs.  The board, in adopting rules
 12-4    under this subsection, shall consult with an advisory committee
 12-5    composed of representatives of institutions of higher education
 12-6    that offer developmental education programs.  A majority of the
 12-7    members of the advisory committee must be faculty members of
 12-8    institutions of higher education.
 12-9          SECTION 2.  Subchapter F, Chapter 51, Education Code, is
12-10    amended by adding Section 51.3062 to read as follows:
12-11          Sec. 51.3062.  FORMULA FUNDING FOR DEVELOPMENTAL EDUCATION.
12-12    (a)  The Texas Higher Education Coordinating Board, in the same
12-13    manner as the board develops and proposes formulas under Section
12-14    61.059, shall develop formulas recommending institutional funding
12-15    for developmental education programs described in Section
12-16    51.306(j).
12-17          (b)  In developing a formula under this section, the board
12-18    shall provide that:
12-19                (1)  80 percent of the funding shall be allocated
12-20    according to the number of students requiring developmental
12-21    education programs at each institution under Section 51.306; and
12-22                (2)  20 percent of the funding shall be allocated
12-23    according to the institution's successful operation of its
12-24    developmental education program.
12-25          (c)  The formula developed under Subsection (b)(2) must
12-26    provide that:
12-27                (1)  70 percent of the funds provided under Subsection
 13-1    (b)(2) are awarded on the basis of the productivity of a
 13-2    developmental education program measured by the number of students
 13-3    at the institution who achieve an acceptable level on the
 13-4    performance measure included in an institution's plan under Section
 13-5    51.306(b)(4) after the completion of a developmental education
 13-6    program; and
 13-7                (2)  10 percent of the funds provided under Subsection
 13-8    (b)(2) are awarded on the basis of each of the following factors:
 13-9                      (A)  the effectiveness of an institution's
13-10    developmental education program measured by the number of students
13-11    at the institution who achieve an acceptable level on the
13-12    performance measure described by Section 51.306(b)(4) within two
13-13    years of the student's completion of a developmental education
13-14    program;
13-15                      (B)  the percentage of all students at the
13-16    institution who achieve an acceptable level on the performance
13-17    measure described by Section 51.306(b)(4) within two years of the
13-18    student's completion of a developmental education program; and
13-19                      (C)  the average increase in student performance
13-20    according to the performance measure described by Section
13-21    51.306(b)(4) following a student's completion of a developmental
13-22    education program.
13-23          SECTION 3.  (a)  Not later than September 1, 1999, the Texas
13-24    Higher Education Coordinating Board shall adopt rules to implement
13-25    the assessment and placement requirements of Section 51.306,
13-26    Education Code, as amended by this Act.
13-27          (b)  This Act takes effect beginning with the 1999 fall
 14-1    semester.
 14-2          SECTION 4.  The importance of this legislation and the
 14-3    crowded condition of the calendars in both houses create an
 14-4    emergency and an imperative public necessity that the
 14-5    constitutional rule requiring bills to be read on three several
 14-6    days in each house be suspended, and this rule is hereby suspended,
 14-7    and that this Act take effect and be in force from and after its
 14-8    passage, and it is so enacted.