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.