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.