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.