77R7992 KEL-D
By West, Delisi H.B. No. 125
Substitute the following for H.B. No. 125:
By Rangel C.S.H.B. No. 125
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the mathematics section of the exit-level assessment
1-3 for high school students and the replacement of the Texas Academic
1-4 Skills Program with a program using components of certain secondary
1-5 exit-level assessment instruments.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 51.306, Education Code, is amended to read
1-8 as follows:
1-9 Sec. 51.306. HIGHER EDUCATION REMEDIAL [TEXAS ACADEMIC
1-10 SKILLS] PROGRAM. (a) In this section:
1-11 (1) "Board," "institution of higher education,"
1-12 "private or independent institution of higher education," "general
1-13 academic teaching institution," "public junior college," and
1-14 "public technical institute" have the meanings assigned by Section
1-15 61.003 of this code.
1-16 (2) "Deaf student" means a student who is a deaf
1-17 person as defined by Section 54.205(a) of this code.
1-18 (3) "Blind student" means a student who is a blind
1-19 person as defined by Section 54.205(a) of this code.
1-20 (b) Each undergraduate student who enters a public
1-21 institution of higher education must be tested for reading,
1-22 writing, and mathematics skills prior to enrolling in any
1-23 coursework. The board shall prescribe circumstances under which a
1-24 student who has not been tested may enroll in coursework. A
2-1 student who is permitted to enroll without taking the test
2-2 described by Subsection (c) [prescribed by the board] must take the
2-3 test [under Subsection (c)] not later than the end of the first
2-4 semester of enrollment.
2-5 (c) For purposes of Subsection (b), the institution shall
2-6 administer [use] the English language arts and mathematics
2-7 exit-level assessment instruments required under Section 39.023(c)
2-8 [Texas Academic Skills Program Test instrument prescribed by the
2-9 board. However, the board may prescribe an alternative test
2-10 instrument for an institution to use to test a student. Each
2-11 alternative test instrument prescribed shall be correlated with the
2-12 Texas Academic Skills Program Test. Each test instrument adopted
2-13 by the board must be of a diagnostic nature and be designed to
2-14 provide a comparison of the skill level of the individual student
2-15 with the skill level necessary for a student to perform effectively
2-16 in an undergraduate degree program. In developing the Texas
2-17 Academic Skills Program Test, the board shall consider the
2-18 recommendations of faculty from various institutions of higher
2-19 education].
2-20 (d) An institution may not use performance on the test
2-21 described by Subsection (c) as a condition of admission into the
2-22 institution.
2-23 (e) The board shall prescribe minimum performance standards
2-24 for each assessment [test] instrument described by Subsection (c).
2-25 A student whose performance is below the standard for tested skill
2-26 must participate in a developmental program. An institution may
2-27 require higher performance standards.
3-1 (f) If the test results indicate that developmental
3-2 education is necessary in any area tested, the institution shall
3-3 refer the student to developmental courses or other developmental
3-4 programs made available by the institution. Each institution shall
3-5 make available those courses and programs on the same campus at
3-6 which the student would otherwise attend classes. The courses or
3-7 programs may not be considered as credit toward completion of
3-8 degree requirements. On completion of the developmental coursework
3-9 or program, the student shall take that portion of the test
3-10 described by Subsection (c) [Texas Academic Skills Program Test]
3-11 for which developmental education was required.
3-12 (g) A student may not enroll in any upper division course
3-13 completion of which would give the student 60 or more semester
3-14 credit hours or the equivalent until the student's test [Texas
3-15 Academic Skills Program Test] results meet or exceed the minimum
3-16 standards in each skill area for which developmental education was
3-17 required or the student has earned a grade of "B" or better in a
3-18 freshman-level credit course in the subject matter of the assessed
3-19 deficit. For that purpose, the board shall establish a list of
3-20 freshman-level credit courses for each skill area of the test
3-21 described by Subsection (c) [instrument]. The board shall
3-22 establish other assessment procedures to be used by institutions to
3-23 allow a student to enroll in upper division courses in cases where
3-24 student test results do not meet minimum standards.
3-25 (h) The state shall fund approved nondegree credit
3-26 developmental courses; however, a general academic teaching
3-27 institution may not receive funding for developmental coursework
4-1 taken by a student in excess of 18 semester credit hours, and a
4-2 public junior college or public technical institute may not receive
4-3 funding for developmental coursework taken by a student in excess
4-4 of 27 semester credit hours. Additionally, the board shall develop
4-5 formulas to augment institutional funding of other developmental
4-6 academic programs and shall develop a performance funding formula
4-7 by which institutions may receive additional funding for each
4-8 student who successfully completes the developmental courses. The
4-9 additional funding required under such formulas shall be met by
4-10 state appropriation.
4-11 (i) Each institution shall establish an advising program to
4-12 advise students at every level of courses and degree options that
4-13 are appropriate for the individual student.
4-14 (j) The unit costs of each assessment instrument described
4-15 by Subsection (c) [test] shall be borne by the student. Costs of
4-16 administering the assessment instruments [tests] to students shown
4-17 to be financially needy under criteria established by the board
4-18 shall be borne by the state through appropriation to the board for
4-19 that purpose or other sources of funds. Additionally,
4-20 appropriation shall be made to the board to cover overall
4-21 administrative costs of the higher education remedial [testing]
4-22 program.
4-23 (k) Each institution shall report annually to the board, on
4-24 or before a day set by rule of the board, concerning the results of
4-25 the students being tested and the effectiveness of the
4-26 institution's developmental program and advising program. In
4-27 addition, the board shall publish annually a summary of the report
5-1 required by Section 51.403(e) identifying by name the high school
5-2 from which each [tested] student tested under this section
5-3 graduated and a statement as to whether or not the student's
5-4 performance was above or below the standard set by the board under
5-5 this section. The summary must include the number of students at
5-6 each high school who took the applicable exit-level assessment
5-7 instruments constituting [and passed] the test described by
5-8 Subsection (c) while enrolled in high school and who at that time
5-9 satisfied the standard set by the board under this section [while
5-10 enrolled in high school]. For the purposes of this report,
5-11 students shall not be identified by name. The board shall publish
5-12 annually a report summarizing by institution of higher education
5-13 for each academic year the total number of students who:
5-14 (1) entered a developmental program;
5-15 (2) completed developmental courses;
5-16 (3) took the test described by Subsection (c) [Texas
5-17 Academic Skills Program Test] after completing developmental
5-18 courses;
5-19 (4) passed the test described by Subsection (c) [Texas
5-20 Academic Skills Program Test] after completing developmental
5-21 courses; and
5-22 (5) satisfied the requirement of Subsection (g) in
5-23 each skill area by earning an acceptable grade in an approved
5-24 course as permitted by that subsection.
5-25 (l) A high school student who performs at or above a level
5-26 set by the board on the English language arts and mathematics
5-27 exit-level assessment instruments required under Section 39.023(c)
6-1 [39.023] is exempt from this section. [The level set by the board
6-2 may not exceed a level that is equivalent to a 95 percent
6-3 probability of passing the Texas Academic Skills Program Test.]
6-4 This exemption will be in effect for three years from the date a
6-5 student takes the assessment instruments and achieves the set score
6-6 level. A student enrolling for the first time in an institution of
6-7 higher education after the three-year period has elapsed must
6-8 conform to all provisions of this section.
6-9 (m) An entering or transferring student who has achieved a
6-10 score to be set by the board on the Scholastic Assessment Test or
6-11 the American College Test is exempt from the requirements of this
6-12 section. [The score set by the board may not exceed a score that
6-13 is equivalent to a 95 percent probability of passing the Texas
6-14 Academic Skills Program Test.] This exemption is effective for
6-15 five years from the date the Scholastic Assessment Test or the
6-16 American College Test is taken and the set standard is achieved. A
6-17 student enrolling for the first time in an institution of higher
6-18 education after the five-year period has elapsed must conform to
6-19 all provisions of this section.
6-20 (n) This section applies to a blind student only if the test
6-21 described by Subsection (c) is administered to that student in
6-22 large print or Braille or is administered by audio cassette or by a
6-23 reader, as appropriate to that student.
6-24 (o) A student at an institution of higher education is
6-25 exempt from the requirements of this section if the student enrolls
6-26 on a temporary basis at the institution of higher education and:
6-27 (1) is also enrolled at an accredited private or
7-1 independent institution of higher education or an accredited
7-2 out-of-state institution of higher education; or
7-3 (2) has graduated from an institution of higher
7-4 education, an accredited private or independent institution of
7-5 higher education, or an accredited out-of-state institution of
7-6 higher education.
7-7 (p) To receive an exemption under Subsection (o), a student
7-8 must present to the institution of higher education at which the
7-9 student seeks the exemption as evidence of enrollment in another
7-10 institution:
7-11 (1) a transcript, grade report, or paid fee receipt
7-12 from the preceding semester; or
7-13 (2) any other evidence acceptable to the institution
7-14 of higher education as proof of enrollment in the other
7-15 institution.
7-16 (q) An exemption under Subsection (o) terminates if the
7-17 student:
7-18 (1) enrolls on a permanent basis in an institution of
7-19 higher education; or
7-20 (2) enrolls in a certificate or degree program at an
7-21 institution of higher education.
7-22 (r) This section does not apply to:
7-23 (1) [a student who accumulated three or more
7-24 college-level semester credit hours prior to the 1989 fall
7-25 semester;]
7-26 [(2)] a student located outside this state who enrolls
7-27 in a course offered outside this state by an institution of higher
8-1 education;
8-2 (2) [(3)] a deaf student;
8-3 (3) [(4)] a student who has graduated with a
8-4 baccalaureate degree from an institution of higher education, an
8-5 accredited private or independent institution of higher education,
8-6 or an accredited out-of-state institution of higher education;
8-7 (4) [(5)] a student enrolled in a certificate program
8-8 at a community or technical college of one year or less; or
8-9 (5) [(6)] a student who is a citizen of a country
8-10 other than the United States and is not seeking a degree.
8-11 (s) An institution of higher education shall provide to each
8-12 student who is accepted by the institution for admission and to
8-13 whom this section applies information in the institution's catalog
8-14 relating to the testing and developmental requirements of this
8-15 section and of the rules adopted by the board [Texas Higher
8-16 Education Coordinating Board].
8-17 (t) An institution may exempt a non-degree-seeking or
8-18 non-certificate-seeking student who will be 55 years of age or
8-19 older on the first class day of a term or semester from the testing
8-20 requirements imposed by this section as a condition for enrollment
8-21 during that term or semester in a course.
8-22 (u) A student who has been diagnosed as having dyslexia or a
8-23 related disorder, as those terms are defined by Section 38.003, or
8-24 a specific learning disability in mathematics by a qualified
8-25 professional whose license or credentials are appropriate to
8-26 diagnose the disorder or disability as determined by the board and
8-27 who completes the developmental program prescribed by the
9-1 institution may be required to retake the test described by
9-2 Subsection (c) once but may not be referred to an additional
9-3 developmental course or other developmental program or precluded
9-4 from enrolling in an upper division course because of the student's
9-5 performance on the test.
9-6 (v) [A student who has passed the exit-level assessment
9-7 required under Section 39.023 shall be encouraged to take the test
9-8 required by this section while enrolled in high school unless the
9-9 student's scores on the exit-level assessment required under
9-10 Section 39.023, on the Scholastic Assessment Test, or on the
9-11 American College Test exempt the student from the test requirement
9-12 as provided by this section. The Texas Education Agency shall work
9-13 with the board to encourage eligible students to take the test;
9-14 however, taking the test shall be voluntary.]
9-15 [(w)(1) The provisions of this subsection apply to high
9-16 school students taking the test required by this section.]
9-17 [(2) Each eligible high school student shall pay for
9-18 the cost of taking the test unless funds are appropriated for that
9-19 purpose. If funds are appropriated for that purpose, the board and
9-20 the Texas Education Agency shall develop a mechanism for the
9-21 payment of the cost of the test, giving priority to the payment of
9-22 the cost of administering the test to an eligible high school
9-23 student shown to be financially needy under criteria established by
9-24 the board.]
9-25 [(3) The board shall arrange for the test to be
9-26 offered to high school students outside of regularly scheduled
9-27 school days and at locations throughout the state.]
10-1 [(4) Except as authorized by the student, including
10-2 student authorization to report the student's test scores to a
10-3 school administrator, test scores of a high school student shall be
10-4 reported only to the student and the student's parents.]
10-5 [(5)] A high school student who fails to achieve the
10-6 minimum required score set by the board under this section on the
10-7 applicable exit-level assessment instruments constituting the test
10-8 described by Subsection (c) may not be required to take
10-9 developmental classes while in high school. However, after
10-10 graduation from high school, a student who enters a public
10-11 institution of higher education must comply with the provisions of
10-12 this section.
10-13 [(6) A high school student who achieves the minimum
10-14 required score set by the board shall be deemed to have met the
10-15 requirements of this section when enrolling at an institution of
10-16 higher education, provided that the student enrolls in the
10-17 institution not later than five years from the date the test is
10-18 taken and the set score level is achieved. A student enrolling for
10-19 the first time in an institution of higher education after the
10-20 five-year period has elapsed must comply with all provisions of
10-21 this section.]
10-22 [(7) The board and the Texas Education Agency shall
10-23 work together to provide high school students, their parents, and
10-24 their schools with information about the Texas Academic Skills
10-25 Program and assist them in interpreting the results of the test.]
10-26 SECTION 2. Section 39.023(c), Education Code, is amended to
10-27 read as follows:
11-1 (c) The agency shall also adopt secondary exit-level
11-2 assessment instruments designed to be administered to students in
11-3 grade 11 to assess essential knowledge and skills in mathematics,
11-4 English language arts, social studies, and science. The
11-5 mathematics section must include at least geometry, Algebra I, and
11-6 [geometry] components of Algebra II with the aid of technology.
11-7 The English language arts section must include at least English III
11-8 and must include the assessment of essential knowledge and skills
11-9 in writing. The social studies section must include early American
11-10 and United States history. The science section must include at
11-11 least biology and integrated chemistry and physics. The assessment
11-12 instruments must be designed to assess a student's mastery of
11-13 minimum skills necessary for high school graduation and readiness
11-14 to enroll in an institution of higher education. If a student is
11-15 in a special education program under Subchapter A, Chapter 29, the
11-16 student's admission, review, and dismissal committee shall
11-17 determine whether any allowable modification is necessary in
11-18 administering to the student an assessment instrument required
11-19 under this subsection or whether the student should be exempted
11-20 under Section 39.027(a)(2). The State Board of Education shall
11-21 administer the assessment instruments. The State Board of Education
11-22 shall adopt a schedule for the administration of secondary
11-23 exit-level assessment instruments. Each student who did not perform
11-24 satisfactorily on any secondary exit-level assessment instrument
11-25 when initially tested shall be given multiple opportunities to
11-26 retake that assessment instrument. [A student who performs at or
11-27 above a level established by the Texas Higher Education
12-1 Coordinating Board on the secondary exit-level assessment
12-2 instruments is exempt from the requirements of Section 51.306.]
12-3 SECTION 3. This Act takes effect June 1, 2004, and applies
12-4 beginning with the 2004 fall semester.