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 * * * * *