1-1     By:  Rangel, et al. (Senate Sponsor - West)           H.B. No. 2591
 1-2           (In the Senate - Received from the House April 26, 1999;
 1-3     April 27, 1999, read first time and referred to Committee on
 1-4     Education; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to skills assessment and placement testing of
 1-9     undergraduate students entering public institutions of higher
1-10     education.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 51.306, Education Code, is amended to
1-13     read as follows:
1-14           Sec. 51.306.  ASSESSMENT AND PLACEMENT [TEXAS ACADEMIC SKILLS
1-15     PROGRAM].  (a) In this section:
1-16                 (1)  "Board," "institution of higher education,"
1-17     "private or independent institution of higher education," "general
1-18     academic teaching institution," "public junior college," and
1-19     "public technical institute" have the meanings assigned by Section
1-20     61.003 [of this code].
1-21                 (2)  "Deaf student" means a student who is a deaf
1-22     person as defined by Section 54.205(a) [of this code].
1-23                 (3)  "Blind student" means a student who is a blind
1-24     person as defined by Section 54.205(a) [of this code].
1-25                 (4)  "Core curriculum" has the meaning assigned by
1-26     Section 61.822.
1-27           (b)  Each institution of higher education shall adopt a plan
1-28     for the assessment and placement of undergraduate students entering
1-29     the institution.  Each plan must be filed with and approved by the
1-30     board.  The board shall approve the plan if the board determines
1-31     that the plan provides for accountability and promotes improvement
1-32     in and the effective delivery of developmental education programs.
1-33     The plan must include:
1-34                 (1)  the test instruments and performance levels
1-35     required for the assessment of students and the placement of
1-36     students into a developmental education program or into courses
1-37     included in the core curriculum;
1-38                 (2)  the circumstances under which a student who does
1-39     not pass all areas of assessment under Subdivision (1) may enroll
1-40     in coursework within the core curriculum;
1-41                 (3)  the requirements for completion of a required
1-42     developmental education program; and
1-43                 (4)  a performance measure to measure the effectiveness
1-44     of a student's completed developmental education program that
1-45     includes performance standards equal to or greater than the
1-46     performance standards adopted under Subsection (g).
1-47           (c)  A plan adopted under Subsection (b) may not prohibit a
1-48     student from enrolling in coursework within the core curriculum if
1-49     the student has completed at least one semester in a developmental
1-50     education program in any area for which the student was referred to
1-51     developmental education by the institution under Subsection (h).
1-52     The institution may provide guidance or advice to the student on
1-53     enrolling in coursework within the core curriculum.
1-54           (d) [(b)]  Each undergraduate student who enters a public
1-55     institution of higher education must be tested for reading,
1-56     writing, and  mathematics skills prior to enrolling in a course
1-57     included in the institution's core curriculum [any coursework].
1-58     The board shall prescribe circumstances under which a student  who
1-59     has not been tested may enroll in a course included in the core
1-60     curriculum [coursework. A student who is permitted to enroll
1-61     without taking the test prescribed by the board must take the test
1-62     under Subsection (c) not later than the end of the first semester
1-63     of enrollment].
1-64           (e) [(c)]  For purposes of Subsection (d) [(b)], the
 2-1     institution shall use a test [the Texas Academic Skills Program
 2-2     Test] instrument prescribed by the board.  The board shall
 2-3     prescribe more than one test instrument.  [However, the board may
 2-4     prescribe an alternative test instrument for an institution to use
 2-5     to test a student.  Each alternative test instrument prescribed
 2-6     shall be correlated with the Texas Academic Skills Program Test.]
 2-7     Each test instrument prescribed [adopted] by the board must be of a
 2-8     diagnostic nature and be designed to provide a comparison of the
 2-9     skill level  of the individual student with the skill level
2-10     necessary for a student to perform effectively in the core
2-11     curriculum [an undergraduate degree program].  In prescribing
2-12     [developing] the test instruments [Texas Academic Skills Program
2-13     Test], the board may [shall] consider the recommendations of
2-14     faculty from various institutions of higher education.
2-15           (f) [(d)]  An institution may not use performance on the test
2-16     as a condition of admission into the institution.
2-17           (g) [(e)]  The board shall prescribe minimum performance
2-18     standards for each test instrument.  A student whose performance is
2-19     below the standard for tested skill must participate in a
2-20     developmental education program.  An institution may require higher
2-21     performance standards.
2-22           (h) [(f)]  If the test results indicate that developmental
2-23     education is necessary in any area tested, the institution shall
2-24     refer the student to developmental education [courses or other
2-25     developmental] programs made available by the institution.  Each
2-26     institution shall make available developmental education [those
2-27     courses and] programs on the same campus at which the student would
2-28     otherwise attend classes.  Developmental education  [The courses
2-29     or] programs offered under this section may not be awarded
2-30     [considered as] credit toward completion of degree requirements.
2-31           (i)  [On completion of the developmental coursework or
2-32     program, the student shall take that portion of the Texas Academic
2-33     Skills Program Test for which developmental education was required.]
2-34           [(g)]  A student may [not] enroll in any upper division
2-35     course completion of which would give the student 60 or more
2-36     semester credit hours or the equivalent only if [until] the student
2-37     has satisfied the requirements of the institutional plan for
2-38     assessment and placement adopted under Subsection (b) [student's
2-39     Texas Academic Skills Program Test results meet or exceed the
2-40     minimum standards in each skill area for which developmental
2-41     education was required] or the student has completed the core
2-42     curriculum with a grade-point average of 2.25 or more on a 4.0
2-43     scale or its equivalent [earned a grade of "B" or better in a
2-44     freshman-level credit course in the subject matter of the assessed
2-45     deficit.  For that purpose, the board shall establish a list of
2-46     freshman-level credit courses for each skill area of the test
2-47     instrument. The board shall establish other assessment procedures
2-48     to be used by institutions to allow a student to enroll in upper
2-49     division courses in cases where student test results do not meet
2-50     minimum standards].
2-51           (j) [(h)]  The state shall fund approved [nondegree credit]
2-52     developmental education programs [courses];  however, a general
2-53     academic teaching institution may not receive funding for
2-54     developmental education programs [coursework] taken by a student in
2-55     excess of 18 semester [credit] hours, and a public junior college
2-56     or public technical institute may not receive funding for
2-57     developmental education programs [coursework] taken by a student in
2-58     excess of 27 semester [credit] hours.  [Additionally, the board
2-59     shall develop formulas to augment institutional funding of other
2-60     developmental academic programs and shall develop a performance
2-61     funding formula by which institutions may receive additional
2-62     funding for each student who successfully completes the
2-63     developmental courses.  The additional funding required under such
2-64     formulas shall be met by state appropriation.]
2-65           (k) [(i)]  Each institution shall establish an advising
2-66     program to advise students at every level of courses and degree
2-67     options that are appropriate for the individual student.
2-68           (l) [(j)]  The unit costs of each test shall be borne by the
2-69     student, either by direct payment or by a fee imposed by the
 3-1     institution.  Costs of administering the tests to students shown to
 3-2     be financially needy under criteria established by the board shall
 3-3     be borne by the state through appropriation to the board for that
 3-4     purpose or other sources of funds.  Additionally, appropriation
 3-5     shall be made to the board to cover overall administrative costs of
 3-6     the testing program.
 3-7           (m) [(k)]  Each institution shall report annually to the
 3-8     board, on or before a day set by rule of the board, concerning the
 3-9     results of the students being tested and the effectiveness of the
3-10     institution's developmental education program and advising program.
3-11     In addition, the board shall publish annually a summary of the
3-12     report required by Section 51.403(e) identifying by name the high
3-13     school from which each tested student graduated and a statement as
3-14     to whether or not the student's performance was above or below the
3-15     standard.  The summary must include the number of students at each
3-16     high school who took and passed the test while enrolled in high
3-17     school.  For the purposes of this report, students shall not be
3-18     identified by name.  The board shall publish annually a report
3-19     summarizing by institution of higher education for each academic
3-20     year the total number of students who:
3-21                 (1)  entered a developmental education program;
3-22                 (2)  completed developmental education programs
3-23     [courses]; and
3-24                 (3)  [took the Texas Academic Skills Program Test after
3-25     completing developmental courses;]
3-26                 [(4)  passed the Texas Academic Skills Program Test
3-27     after completing developmental courses; and]
3-28                 [(5)]  satisfied the requirements of the institutional
3-29     plan for developmental education described by Subsection (b)
3-30     [requirement of Subsection (g) in each skill area by earning an
3-31     acceptable grade in an approved course as permitted by that
3-32     subsection].
3-33           (n) [(l)]  A high school student who performs at or above a
3-34     level set by the board on the exit-level assessment required under
3-35     Section 39.023 is exempt from this section.  The level set by the
3-36     board may not exceed a level that is equivalent to a 95 percent
3-37     probability of passing any of the test instruments adopted by the
3-38     board under Subsection (e) [the Texas Academic Skills Program
3-39     Test].  This  exemption will be in effect for five [three] years
3-40     from the date a student takes the assessment and achieves the set
3-41     score level. A student enrolling for the first time in an
3-42     institution of higher education after the five-year [three-year]
3-43     period has elapsed must conform to all provisions of this section.
3-44           (o) [(m)]  An entering or transferring student who has
3-45     achieved a score to be set by the board on the Scholastic
3-46     Assessment Test or the American College Test is exempt from the
3-47     requirements of this section.  The score set by the board may not
3-48     exceed a score that is equivalent to a 95 percent probability of
3-49     passing any of the test instruments adopted by the board under
3-50     Subsection (e) [the Texas Academic Skills Program Test].  This
3-51     exemption is effective for five years from the date the Scholastic
3-52     Assessment Test or the American College Test is taken and the set
3-53     standard is achieved.  A student enrolling for the first time in an
3-54     institution of higher education after the five-year period has
3-55     elapsed must conform to all provisions of this section.
3-56           (p) [(n)]  This section applies to a blind student only if
3-57     the test is administered to that student in large print or Braille
3-58     or is administered by audio cassette or by a reader, as appropriate
3-59     to that student.
3-60           (q) [(o)]  A student at an institution of higher education is
3-61     exempt from the requirements of this section if the student enrolls
3-62     on a temporary basis at the institution of higher education and:
3-63                 (1)  is also enrolled at an accredited private or
3-64     independent institution of higher education or an accredited
3-65     out-of-state institution of higher education; or
3-66                 (2)  has graduated from an institution of higher
3-67     education, an accredited private or independent institution of
3-68     higher education, or an accredited out-of-state institution of
3-69     higher education.
 4-1           (r) [(p)]  To receive an exemption under Subsection
 4-2     (q) [(o)], a student must present to the institution of higher
 4-3     education at which the student seeks the exemption as evidence of
 4-4     enrollment in another institution:
 4-5                 (1)  a transcript, grade report, or paid fee receipt
 4-6     from the preceding semester; or
 4-7                 (2)  any other evidence acceptable to the institution
 4-8     of higher education as proof of enrollment in the other
 4-9     institution.
4-10           (s) [(q)]  An exemption under Subsection (q) [(o)] terminates
4-11     if the student:
4-12                 (1)  enrolls on a permanent basis in an institution of
4-13     higher education; or
4-14                 (2)  enrolls in a [certificate or] degree program at an
4-15     institution of higher education.
4-16           (t) [(r)]  This section does not apply to:
4-17                 (1)  a student who accumulated three or more
4-18     college-level semester credit hours prior to the 1989 fall
4-19     semester;
4-20                 (2)  a student located outside this state who enrolls
4-21     in a course offered outside this state by an institution of higher
4-22     education;
4-23                 (3)  a deaf student;
4-24                 (4)  a student who has graduated with a baccalaureate
4-25     degree from an institution of higher education, an accredited
4-26     private or independent institution of higher education, or an
4-27     accredited out-of-state institution of higher education;
4-28                 (5)  a student enrolled in a certificate program at a
4-29     public junior or community college or public technical institute
4-30     [college of one year or less]; [or]
4-31                 (6)  a student who is a citizen of a country other than
4-32     the United States and is not seeking a degree;
4-33                 (7)  a student seeking a degree or certificate if the
4-34     student will be 35 years of age or older on the first class day of
4-35     a term or semester; or
4-36                 (8)  a student who is a member of the United States
4-37     Armed Forces on active duty.
4-38           (u) [(s)]  An institution of higher education shall provide
4-39     to each student who is accepted by the institution for admission
4-40     and to whom this section applies information in the institution's
4-41     catalog relating to the testing and developmental education
4-42     requirements of this section and of the rules adopted by the board
4-43     [Texas Higher Education Coordinating Board.]
4-44           [(t)  An institution may exempt a non-degree-seeking or
4-45     non-certificate-seeking student who will be 55 years of age or
4-46     older on the first class day of a term or semester from the testing
4-47     requirements imposed by this section as a condition for enrollment
4-48     during that term or semester in a course].
4-49           (v) [(u)]  A student who has been diagnosed as having
4-50     dyslexia or a related disorder, as those terms are defined by
4-51     Section 38.003, or a specific learning disability in mathematics by
4-52     a qualified professional whose license or credentials are
4-53     appropriate to diagnose the disorder or disability as determined by
4-54     the board and who completes the developmental education program
4-55     prescribed by the institution may be required to retake the test
4-56     once but may not be referred to an additional developmental
4-57     education course or other developmental program or precluded from
4-58     enrolling in an upper division course because of the student's
4-59     performance on the test.
4-60           (w) [(v)]  A student who has passed the exit-level assessment
4-61     required under Section 39.023 shall be encouraged to take the test
4-62     required by this section while enrolled in high school unless the
4-63     student's scores on the exit-level assessment required under
4-64     Section 39.023, on the Scholastic Assessment Test, or on the
4-65     American College Test exempt the student from the test requirement
4-66     as provided by this section.  The Texas Education Agency shall work
4-67     with the board to encourage eligible students to take the test;
4-68     however, taking the test shall be voluntary.
4-69           (x) [(w)](1)  The provisions of this subsection apply to high
 5-1     school students taking a [the] test required by this section.
 5-2                 (2)  Each eligible high school student shall pay for
 5-3     the cost of taking the test unless funds are appropriated for that
 5-4     purpose or the cost is paid by the governing board of an
 5-5     institution of higher education or the student's school district.
 5-6     If funds are appropriated or otherwise provided for testing costs
 5-7     [that purpose], the board and the Texas Education Agency shall
 5-8     develop a mechanism for the payment of the cost of the test.
 5-9                 (3)  The board shall arrange for the test to be offered
5-10     to high school students outside of regularly scheduled school days
5-11     and at locations throughout the state.
5-12                 (4)  Except as authorized by the student, test scores
5-13     of a high school student shall be reported only to the student and
5-14     the student's parents.
5-15                 (5)  A high school student who fails to achieve the
5-16     minimum required score set by the board may not be required to take
5-17     developmental classes while in high school.  However, after
5-18     graduation from high school, a student who enters a public
5-19     institution of higher education must comply with the provisions of
5-20     this section.
5-21                 (6)  A high school student who achieves the minimum
5-22     required score set by the board shall be deemed to have met the
5-23     requirements of this section when enrolling at an institution of
5-24     higher education, provided that the student enrolls in the
5-25     institution not later than five years from the date the test is
5-26     taken and the set score level is achieved.  A student enrolling for
5-27     the first time in an institution of higher education after the
5-28     five-year period has elapsed must comply with all provisions of
5-29     this section.
5-30                 (7)  The board and the Texas Education Agency shall
5-31     work together to provide high school students, their parents, and
5-32     their schools with information about the assessment and placement
5-33     requirements of this section [Texas Academic Skills Program and
5-34     assist them in interpreting the results of the test].
5-35           (y)  The board shall adopt rules to ensure the program
5-36     quality and effectiveness of developmental education programs
5-37     offered by an institution of higher education under this section.
5-38     The rules must provide for accountability and promote improvement
5-39     in developmental education programs.  The board, in adopting rules
5-40     under this subsection, shall consult with an advisory committee
5-41     composed of representatives of institutions of higher education
5-42     that offer developmental education programs.  A majority of the
5-43     members of the advisory committee must be faculty members of
5-44     institutions of higher education.
5-45           SECTION 2.  Subchapter C, Chapter 132, Education Code, is
5-46     amended by adding Section 132.0631 to read as follows:
5-47           Sec. 132.0631.  ACADEMIC SKILLS REQUIREMENTS FOR DEGREE
5-48     PROGRAMS.  The Texas Higher Education Coordinating Board may not
5-49     adopt criteria for student academic skills or academic skills
5-50     testing as a prerequisite to approval of degree programs offered by
5-51     proprietary schools that are more stringent than the criteria
5-52     adopted by the board for a degree program at the same level offered
5-53     by an institution of higher education, as defined by Section
5-54     61.003.
5-55           SECTION 3.  (a)  A public junior college or public technical
5-56     institute may award a certificate to a person who has not completed
5-57     the requirements of Section 51.306, Education Code, as amended by
5-58     this Act, including any testing requirement, if:
5-59                 (1)  the person enrolled in a certificate program at
5-60     the public junior college or public technical institute and
5-61     completed all other academic or other requirements for the
5-62     completion of the certificate program before the effective date of
5-63     this Act; and
5-64                 (2)  the person pays the institution any required fees
5-65     for the award of the certificate.
5-66           (b)  A public junior college or public technical institute
5-67     may inform persons who are or were enrolled in a certificate
5-68     program at the institution of the provisions of this section.
5-69           SECTION 4.  An institution of higher education may not
 6-1     require a student to take any additional test or undergo any
 6-2     additional assessment or developmental education under Section
 6-3     51.306, Education Code, as amended by this Act, if the student,
 6-4     before the effective date of this Act, was enrolled in an
 6-5     institution of higher education and had:
 6-6                 (1)  completed the student's core curriculum with a
 6-7     grade point average in the core curriculum of at least 2.25 on a
 6-8     scale of 4.0 or its equivalent; or
 6-9                 (2)  passed at least one course in the student's core
6-10     curriculum in each area of a developmental course or education
6-11     program to which the student was referred under Section 51.306,
6-12     Education Code, and earned  a grade point average in the core
6-13     curriculum of at least 2.25 on a scale of 4.0 or its equivalent
6-14     upon the completion of the core curriculum.
6-15           SECTION 5.  (a)  Not later than September 1, 1999, the Texas
6-16     Higher Education Coordinating Board shall adopt rules to implement
6-17     the assessment and placement requirements of Section 51.306,
6-18     Education Code, as amended by this Act.
6-19           (b)  Except as provided by Subsection (a) of this section,
6-20     the changes in law made by this Act relating to the assessment and
6-21     placement requirements of Section 51.306, Education Code, and to
6-22     the academic skills requirements for degree programs at proprietary
6-23     schools under  Section 132.0631, Education Code, as added by this
6-24     Act, apply beginning with the 2000 spring semester.
6-25           SECTION 6.  The importance of this legislation and the
6-26     crowded condition of the calendars in both houses create an
6-27     emergency and an imperative public necessity that the
6-28     constitutional rule requiring bills to be read on three several
6-29     days in each house be suspended, and this rule is hereby suspended,
6-30     and that this Act take effect and be in force from and after its
6-31     passage, and it is so enacted.
6-32                                  * * * * *