By Delisi                                             H.B. No. 3620
         77R5579 QS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the replacement of the Texas Academic Skills Program
 1-3     with a developmental education program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 51.306, Education Code, is amended to read
 1-6     as follows:
 1-7           Sec. 51.306.  DEVELOPMENTAL EDUCATION [TEXAS ACADEMIC SKILLS]
 1-8     PROGRAM. (a)  In this section:
 1-9                 (1)  "Board," "institution of higher education,"
1-10     "private or independent institution of higher education," "general
1-11     academic teaching institution," "public junior college," and
1-12     "public technical institute" have the meanings assigned by Section
1-13     61.003 of this code.
1-14                 (2)  "Deaf student" means a student who is a deaf
1-15     person as defined by Section 54.205(a) of this code.
1-16                 (3)  "Blind student" means a student who is a blind
1-17     person as defined by Section 54.205(a) of this code.
1-18           (b)  Each undergraduate student who enters a public
1-19     institution of higher education must be tested for reading,
1-20     writing, and mathematics skills prior to enrolling in any
1-21     coursework.  [The board shall prescribe circumstances under which a
1-22     student who has not been tested may enroll in coursework.  A
1-23     student who is permitted to enroll without taking the test
1-24     prescribed by the board must take the test under Subsection (c) not
 2-1     later than the end of the first semester of enrollment.]
 2-2           (c)  For purposes of Subsection (b), the institution shall
 2-3     use the Developmental Education Program test [Texas Academic Skills
 2-4     Program Test instrument] prescribed by the board.  [However, the
 2-5     board may prescribe an alternative test instrument for an
 2-6     institution to use to test a student.  Each alternative test
 2-7     instrument prescribed shall be correlated with the Texas Academic
 2-8     Skills Program Test.  Each test instrument adopted by the board
 2-9     must be of a diagnostic nature and be designed to provide a
2-10     comparison of the skill level of the individual student with the
2-11     skill level necessary for a student to perform effectively in an
2-12     undergraduate degree program.]  In developing the test [Texas
2-13     Academic Skills Program Test], the board shall consider the
2-14     recommendations of faculty from various institutions of higher
2-15     education.
2-16           (d)  An institution may not use performance on the test as a
2-17     condition of admission into the institution.
2-18           (e)  The board shall prescribe minimum performance standards
2-19     for each area of the test [instrument]. A student whose performance
2-20     is below the standard for tested skill must participate in a
2-21     developmental program.  An institution may require higher
2-22     performance standards.
2-23           (f)  If the test results indicate that developmental
2-24     education is necessary in any area tested, the institution shall
2-25     refer the student to developmental courses or other developmental
2-26     programs made available by the institution.  Each institution shall
2-27     make available those courses and programs on the same campus at
 3-1     which the student would otherwise attend classes.  The courses or
 3-2     programs may not be considered as credit toward completion of
 3-3     degree requirements.  On completion of the developmental coursework
 3-4     or program, the student shall take that portion of the
 3-5     Developmental Education [Texas Academic Skills] Program test [Test]
 3-6     for which developmental education was required.
 3-7           (g)  [A student may not enroll in any upper division course
 3-8     completion of which would give the student 60 or more semester
 3-9     credit hours or the equivalent until the student's Texas Academic
3-10     Skills Program Test results meet or exceed the minimum standards in
3-11     each skill area for which developmental education was required or
3-12     the student has earned a grade of "B" or better in a freshman-level
3-13     credit course in the subject matter of the assessed deficit.  For
3-14     that purpose, the board shall establish a list of freshman-level
3-15     credit courses for each skill area of the test instrument. The
3-16     board shall establish other assessment procedures to be used by
3-17     institutions to allow a student to enroll in upper division courses
3-18     in cases where student test results do not meet minimum standards.]
3-19           [(h)]  The state shall fund approved nondegree credit
3-20     developmental courses;  however, a general academic teaching
3-21     institution may not receive funding for developmental coursework
3-22     taken by a student in excess of 18 semester credit hours, and a
3-23     public junior college or public technical institute may not receive
3-24     funding for developmental coursework taken by a student in excess
3-25     of 27 semester credit hours.  Additionally, the board shall develop
3-26     formulas to augment institutional funding of other developmental
3-27     academic programs and shall develop a performance funding formula
 4-1     by which institutions may receive additional funding for each
 4-2     student who successfully completes the developmental courses.  The
 4-3     additional funding required under such formulas shall be met by
 4-4     state appropriation.
 4-5           (h) [(i)]  Each institution shall establish an advising
 4-6     program to advise students at every level of courses and degree
 4-7     options that are appropriate for the individual student.
 4-8           (i) [(j)]  The unit costs of each test shall be borne by the
 4-9     student.  Costs of administering the tests to students shown to be
4-10     financially needy under criteria established by the board shall be
4-11     borne by the state through appropriation to the board for that
4-12     purpose or other sources of funds.  Additionally, appropriation
4-13     shall be made to the board to cover overall administrative costs of
4-14     the testing program.
4-15           (j) [(k)]  Each institution shall report annually to the
4-16     board, on or before a day set by rule of the board, concerning the
4-17     results of the students being tested and the effectiveness of the
4-18     institution's developmental program and advising program.  In
4-19     addition, the board shall publish annually a summary of the report
4-20     required by Section 51.403(e) identifying by name the high school
4-21     from which each tested student graduated and a statement as to
4-22     whether or not the student's performance was above or below the
4-23     standard.  The summary must include the number of students at each
4-24     high school who took and passed the test while enrolled in high
4-25     school.  For the purposes of this report, students shall not be
4-26     identified by name.  The board shall publish annually a report
4-27     summarizing by institution of higher education for each academic
 5-1     year the total number of students who:
 5-2                 (1)  entered a developmental program;
 5-3                 (2)  completed developmental courses;
 5-4                 (3)  took the Developmental Education Program test
 5-5     [Texas Academic Skills Program Test] after completing developmental
 5-6     courses; and
 5-7                 (4)  passed the Developmental Education Program test
 5-8     [Texas Academic Skills Program Test] after completing developmental
 5-9     courses[; and]
5-10                 [(5)  satisfied the requirement of Subsection (g) in
5-11     each skill area by earning an acceptable grade in an approved
5-12     course as permitted by that subsection].
5-13           (k) [(l)]  A high school student who performs at or above the
5-14     state average [a level set by the board] on the exit-level
5-15     assessment required under Section 39.023 is exempt from this
5-16     section.
5-17           (l)  [The level set by the board may not exceed a level that
5-18     is equivalent to a 95 percent probability of passing the Texas
5-19     Academic Skills Program Test.  This exemption will be in effect for
5-20     three years from the date a student takes the assessment and
5-21     achieves the set score level. A student enrolling for the first
5-22     time in an institution of higher education after the three-year
5-23     period has elapsed must conform to all provisions of this section.]
5-24           [(m)]  An entering or transferring student who has achieved
5-25     the state average [a score to be set by the board] on the
5-26     Scholastic Assessment Test or the American College Test or who,
5-27     before admission to the institution of higher education as a
 6-1     regular student, has successfully completed 12 hours of college
 6-2     coursework in residence at the institution or by placement test is
 6-3     exempt from the requirements of this section.
 6-4           (m)  [The score set by the board may not exceed a score that
 6-5     is equivalent to a 95 percent probability of passing the Texas
 6-6     Academic Skills Program Test.  This exemption is effective for five
 6-7     years from the date the Scholastic Assessment Test or the American
 6-8     College Test is taken and the set standard is achieved.  A student
 6-9     enrolling for the first time in an institution of higher education
6-10     after the five-year period has elapsed must conform to all
6-11     provisions of this section.]
6-12           [(n)  This section applies to a blind student only if the
6-13     test is administered to that student in large print or Braille or
6-14     is administered by audio cassette or by a reader, as appropriate to
6-15     that student.]
6-16           [(o)]  A student at an institution of higher education is
6-17     exempt from the requirements of this section if the student enrolls
6-18     on a temporary basis at the institution of higher education [and:]
6-19                 [(1)  is also enrolled at an accredited private or
6-20     independent institution of higher education or an accredited
6-21     out-of-state institution of higher education; or]
6-22                 [(2)  has graduated from an institution of higher
6-23     education, an accredited private or independent institution of
6-24     higher education, or an accredited out-of-state institution of
6-25     higher education].
6-26           [(p)]  To receive an exemption under this subsection
6-27     [Subsection (o)], a student must present to the institution of
 7-1     higher education evidence determined to be acceptable by that
 7-2     institution that the student's enrollment will be temporary [at
 7-3     which the student seeks the exemption as evidence of enrollment in
 7-4     another institution:]
 7-5                 [(1)  a transcript, grade report, or paid fee receipt
 7-6     from the preceding semester; or]
 7-7                 [(2)  any other evidence acceptable to the institution
 7-8     of higher education as proof of enrollment in the other
 7-9     institution].
7-10           (n) [(q)]  An exemption under Subsection (m) [(o)] terminates
7-11     if the student:
7-12                 (1)  enrolls on a permanent basis in an institution of
7-13     higher education; or
7-14                 (2)  enrolls in a certificate or degree program at an
7-15     institution of higher education.
7-16           (o) [(r)]  This section does not apply to:
7-17                 (1)  a student who accumulated three or more
7-18     college-level semester credit hours prior to the 1989 fall
7-19     semester;
7-20                 (2)  a student located outside this state who enrolls
7-21     in a course offered outside this state by an institution of higher
7-22     education;
7-23                 (3)  a deaf or blind student;
7-24                 (4)  a student who has graduated with a baccalaureate
7-25     degree from an institution of higher education, an accredited
7-26     private or independent institution of higher education, or an
7-27     accredited out-of-state institution of higher education;
 8-1                 (5)  a student enrolled in a certificate program at a
 8-2     community or technical college of one year or less; [or]
 8-3                 (6)  a student who is a citizen of a country other than
 8-4     the United States and is not seeking a degree;
 8-5                 (7)  a student who is a member or retiree of the armed
 8-6     forces of the United States or of the state military forces, as
 8-7     defined by Section 431.001, Government Code;
 8-8                 (8)  a student who is a working or retired nurse;
 8-9                 (9)  a student who is a working or retired peace
8-10     officer or a full-time, part-time, volunteer, or retired
8-11     firefighter in this state;
8-12                 (10)  a student who is a full-time, part-time,
8-13     substitute, or retired teacher or educational aide of a public or
8-14     private school;
8-15                 (11)  a student who is an employee or retiree of this
8-16     state or a state agency, an institution of higher education, or a
8-17     political subdivision of this state;
8-18                 (12)  a student who has been diagnosed as having
8-19     dyslexia or a related disorder, as those terms are defined by
8-20     Section 38.003, or a specific learning disability in mathematics by
8-21     a qualified professional; or
8-22                 (13)  a student who will be 55 years of age or older on
8-23     the first class day of a term or semester for which the student
8-24     will enroll.
8-25           (p) [(s)]  An institution of higher education shall provide
8-26     to each student who is accepted by the institution for admission
8-27     and to whom this section applies information in the institution's
 9-1     catalog relating to the testing and developmental requirements of
 9-2     this section and of the rules adopted by the Texas Higher Education
 9-3     Coordinating Board.
 9-4           (q) [(t)  An institution may exempt a non-degree-seeking or
 9-5     non-certificate-seeking student who will be 55 years of age or
 9-6     older on the first class day of a term or semester from the testing
 9-7     requirements imposed by this section as a condition for enrollment
 9-8     during that term or semester in a course.]
 9-9           [(u)  A student who has been diagnosed as having dyslexia or
9-10     a related disorder, as those terms are defined by Section 38.003,
9-11     or a specific learning disability in mathematics by a qualified
9-12     professional whose license or credentials are appropriate to
9-13     diagnose the disorder or disability as determined by the board and
9-14     who completes the developmental program prescribed by the
9-15     institution may be required to retake the test once but may not be
9-16     referred to an additional developmental course or other
9-17     developmental program or precluded from enrolling in an upper
9-18     division course because of the student's performance on the test.]
9-19           [(v)  A student who has passed the exit-level assessment
9-20     required under Section 39.023 shall be encouraged to take the test
9-21     required by this section while enrolled in high school unless the
9-22     student's scores on the exit-level assessment required under
9-23     Section 39.023, on the Scholastic Assessment Test, or on the
9-24     American College Test exempt the student from the test requirement
9-25     as provided by this section.  The Texas Education Agency shall work
9-26     with the board to encourage eligible students to take the test;
9-27     however, taking the test shall be voluntary.]
 10-1          [(w)] (1)  The provisions of this subsection apply to high
 10-2    school students taking the test required by this section.
 10-3                (2)  Each eligible high school student shall pay for
 10-4    the cost of taking the test unless funds are appropriated for that
 10-5    purpose.  If funds are appropriated for that purpose, the board and
 10-6    the Texas Education Agency shall develop a mechanism for the
 10-7    payment of the cost of the test, giving priority to the payment of
 10-8    the cost of administering the test to an eligible high school
 10-9    student shown to be financially needy under criteria established by
10-10    the board.
10-11                (3)  The board shall arrange for the test to be offered
10-12    to high school students outside of regularly scheduled school days
10-13    and at locations throughout the state.
10-14                (4)  Except as authorized by the student, including
10-15    student authorization to report the student's test scores to a
10-16    school administrator, test scores of a high school student shall be
10-17    reported only to the student and the student's parents.
10-18                (5)  A high school student who fails to achieve the
10-19    minimum required score set by the board may not be required to take
10-20    developmental classes while in high school.  However, after
10-21    graduation from high school, a student who enters a public
10-22    institution of higher education must comply with the provisions of
10-23    this section.
10-24                (6)  A high school student who achieves the minimum
10-25    required score set by the board shall be deemed to have met the
10-26    requirements of this section when enrolling at an institution of
10-27    higher education[, provided that the student enrolls in the
 11-1    institution not later than five years from the date the test is
 11-2    taken and the set score level is achieved.  A student enrolling for
 11-3    the first time in an institution of higher education after the
 11-4    five-year period has elapsed must comply with all provisions of
 11-5    this section].
 11-6                (7)  The board and the Texas Education Agency shall
 11-7    work together to provide high school students, their parents, and
 11-8    their schools with information about the Developmental Education
 11-9    [Texas Academic Skills] Program [and assist them in interpreting
11-10    the results of the test].
11-11          SECTION 2. Section 51.3061, Education Code, is repealed.
11-12          SECTION 3.  (a)  This Act takes effect immediately if it
11-13    receives a vote of two-thirds of all the members elected to each
11-14    house, as provided by Section 39, Article III, Texas Constitution.
11-15    If this Act does not receive the vote necessary for immediate
11-16    effect, this Act takes effect September 1, 2001.
11-17          (b)  The change in law made by this Act applies to all
11-18    students enrolled at an institution of higher education, including
11-19    students who entered an institution of higher education before the
11-20    effective date of this Act. For purposes of this subsection, a
11-21    student who took a test or completed developmental course work or a
11-22    developmental program under Section 51.306, Education Code, before
11-23    the effective date of this Act is considered to have taken the test
11-24    or completed the course work or program under Section 51.306,
11-25    Education Code, as amended by this Act.