By West S.B. No. 1141
77R5212 QS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eliminating the Texas Academic Skills Program and
1-3 allowing institutions to select a test to assess students'
1-4 proficiency and need for remediation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.306, Education Code, is amended to read
1-7 as follows:
1-8 Sec. 51.306. TESTING AND REMEDIAL COURSEWORK [TEXAS ACADEMIC
1-9 SKILLS PROGRAM]. (a) In this section, "board," [:]
1-10 [(1) "Board,"] "institution of higher education,"
1-11 "private or independent institution of higher education," "general
1-12 academic teaching institution," "public junior college," and
1-13 "public technical institute" have the meanings assigned by Section
1-14 61.003 [of this code].
1-15 [(2) "Deaf student" means a student who is a deaf
1-16 person as defined by Section 54.205(a) of this code.]
1-17 [(3) "Blind student" means a student who is a blind
1-18 person as defined by Section 54.205(a) of this code.]
1-19 (b) Each institution of higher education shall test entering
1-20 undergraduate students [student who enters a public institution of
1-21 higher education must be tested] for reading, writing, and
1-22 mathematics skills [prior to enrolling in any coursework. The
1-23 board shall prescribe circumstances under which a student who has
1-24 not been tested may enroll in coursework. A student who is
2-1 permitted to enroll without taking the test prescribed by the board
2-2 must take the test under Subsection (c)] not later than the end of
2-3 the first semester of the student's enrollment.
2-4 (c) For purposes of Subsection (b), each [the] institution
2-5 shall develop or adopt a [use the Texas Academic Skills Program
2-6 Test instrument prescribed by the board. However, the board may
2-7 prescribe an alternative test instrument for an institution to use
2-8 to test a student. Each alternative test instrument prescribed
2-9 shall be correlated with the Texas Academic Skills Program Test.
2-10 Each] test instrument [adopted by the board must be] of a
2-11 diagnostic nature [and be] designed to provide a comparison of the
2-12 skill level of the individual student with the skill level
2-13 necessary for a student to perform effectively in an undergraduate
2-14 degree program. [In developing the Texas Academic Skills Program
2-15 Test, the board shall consider the recommendations of faculty from
2-16 various institutions of higher education.]
2-17 (d) An institution may not use performance on the test as a
2-18 condition of admission into the institution.
2-19 (e) Each institution [The board] shall prescribe minimum
2-20 performance standards for its [each] test instrument. A student
2-21 whose performance is below the standard for a tested skill must
2-22 participate in [a developmental program. An institution may
2-23 require higher performance standards.]
2-24 [(f) If the test results indicate that developmental
2-25 education is necessary in any area tested, the institution shall
2-26 refer the student to] developmental courses or other developmental
2-27 programs made available by the institution to address the student's
3-1 needs in the skill area. Each institution shall make available
3-2 those courses and programs on the same campus at which the student
3-3 would otherwise attend classes. The courses or programs may not be
3-4 considered as credit toward completion of degree requirements. [On
3-5 completion of the developmental coursework or program, the student
3-6 shall take that portion of the Texas Academic Skills Program Test
3-7 for which developmental education was required.]
3-8 (f) An institution may impose requirements or limitations on
3-9 students who do not [(g) A student may not enroll in any upper
3-10 division course completion of which would give the student 60 or
3-11 more semester credit hours or the equivalent until the student's
3-12 Texas Academic Skills Program Test results] meet or exceed the
3-13 minimum standards in each skill area for which developmental
3-14 education is [was] required, including:
3-15 (1) requiring a student to achieve a specified skill
3-16 level on a test or other assessment;
3-17 (2) requiring a student to complete specified
3-18 coursework; or
3-19 (3) restricting the courses for which a student may
3-20 enroll [or the student has earned a grade of "B" or better in a
3-21 freshman-level credit course in the subject matter of the assessed
3-22 deficit. For that purpose, the board shall establish a list of
3-23 freshman-level credit courses for each skill area of the test
3-24 instrument. The board shall establish other assessment procedures
3-25 to be used by institutions to allow a student to enroll in upper
3-26 division courses in cases where student test results do not meet
3-27 minimum standards].
4-1 (g) An institution may exempt students from the test or
4-2 developmental programs required by this section based on criteria
4-3 developed by the institution. [(h) The state shall fund approved
4-4 nondegree credit developmental courses; however, a general
4-5 academic teaching institution may not receive funding for
4-6 developmental coursework taken by a student in excess of 18
4-7 semester credit hours, and a public junior college or public
4-8 technical institute may not receive funding for developmental
4-9 coursework taken by a student in excess of 27 semester credit
4-10 hours. Additionally, the board shall develop formulas to augment
4-11 institutional funding of other developmental academic programs and
4-12 shall develop a performance funding formula by which institutions
4-13 may receive additional funding for each student who successfully
4-14 completes the developmental courses. The additional funding
4-15 required under such formulas shall be met by state appropriation.]
4-16 [(i) Each institution shall establish an advising program to
4-17 advise students at every level of courses and degree options that
4-18 are appropriate for the individual student.]
4-19 [(j) The unit costs of each test shall be borne by the
4-20 student. Costs of administering the tests to students shown to be
4-21 financially needy under criteria established by the board shall be
4-22 borne by the state through appropriation to the board for that
4-23 purpose or other sources of funds. Additionally, appropriation
4-24 shall be made to the board to cover overall administrative costs of
4-25 the testing program.]
4-26 [(k) Each institution shall report annually to the board, on
4-27 or before a day set by rule of the board, concerning the results of
5-1 the students being tested and the effectiveness of the
5-2 institution's developmental program and advising program. In
5-3 addition, the board shall publish annually a summary of the report
5-4 required by Section 51.403(e) identifying by name the high school
5-5 from which each tested student graduated and a statement as to
5-6 whether or not the student's performance was above or below the
5-7 standard. The summary must include the number of students at each
5-8 high school who took and passed the test while enrolled in high
5-9 school. For the purposes of this report, students shall not be
5-10 identified by name. The board shall publish annually a report
5-11 summarizing by institution of higher education for each academic
5-12 year the total number of students who:]
5-13 [(1) entered a developmental program;]
5-14 [(2) completed developmental courses;]
5-15 [(3) took the Texas Academic Skills Program Test after
5-16 completing developmental courses;]
5-17 [(4) passed the Texas Academic Skills Program Test
5-18 after completing developmental courses; and]
5-19 [(5) satisfied the requirement of Subsection (g) in
5-20 each skill area by earning an acceptable grade in an approved
5-21 course as permitted by that subsection.]
5-22 [(l) A high school student who performs at or above a level
5-23 set by the board on the exit-level assessment required under
5-24 Section 39.023 is exempt from this section. The level set by the
5-25 board may not exceed a level that is equivalent to a 95 percent
5-26 probability of passing the Texas Academic Skills Program Test. This
5-27 exemption will be in effect for three years from the date a student
6-1 takes the assessment and achieves the set score level. A student
6-2 enrolling for the first time in an institution of higher education
6-3 after the three-year period has elapsed must conform to all
6-4 provisions of this section.]
6-5 [(m) An entering or transferring student who has achieved a
6-6 score to be set by the board on the Scholastic Assessment Test or
6-7 the American College Test is exempt from the requirements of this
6-8 section. The score set by the board may not exceed a score that is
6-9 equivalent to a 95 percent probability of passing the Texas
6-10 Academic Skills Program Test. This exemption is effective for five
6-11 years from the date the Scholastic Assessment Test or the American
6-12 College Test is taken and the set standard is achieved. A student
6-13 enrolling for the first time in an institution of higher education
6-14 after the five-year period has elapsed must conform to all
6-15 provisions of this section.]
6-16 [(n) This section applies to a blind student only if the
6-17 test is administered to that student in large print or Braille or
6-18 is administered by audio cassette or by a reader, as appropriate to
6-19 that student.]
6-20 [(o) A student at an institution of higher education is
6-21 exempt from the requirements of this section if the student enrolls
6-22 on a temporary basis at the institution of higher education and:]
6-23 [(1) is also enrolled at an accredited private or
6-24 independent institution of higher education or an accredited
6-25 out-of-state institution of higher education; or]
6-26 [(2) has graduated from an institution of higher
6-27 education, an accredited private or independent institution of
7-1 higher education, or an accredited out-of-state institution of
7-2 higher education.]
7-3 [(p) To receive an exemption under Subsection (o), a student
7-4 must present to the institution of higher education at which the
7-5 student seeks the exemption as evidence of enrollment in another
7-6 institution:]
7-7 [(1) a transcript, grade report, or paid fee receipt
7-8 from the preceding semester; or]
7-9 [(2) any other evidence acceptable to the institution
7-10 of higher education as proof of enrollment in the other
7-11 institution.]
7-12 [(q) An exemption under Subsection (o) terminates if the
7-13 student:]
7-14 [(1) enrolls on a permanent basis in an institution of
7-15 higher education; or]
7-16 [(2) enrolls in a certificate or degree program at an
7-17 institution of higher education.]
7-18 [(r) This section does not apply to:]
7-19 [(1) a student who accumulated three or more
7-20 college-level semester credit hours prior to the 1989 fall
7-21 semester;]
7-22 [(2) a student located outside this state who enrolls
7-23 in a course offered outside this state by an institution of higher
7-24 education;]
7-25 [(3) a deaf student;]
7-26 [(4) a student who has graduated with a baccalaureate
7-27 degree from an institution of higher education, an accredited
8-1 private or independent institution of higher education, or an
8-2 accredited out-of-state institution of higher education;]
8-3 [(5) a student enrolled in a certificate program at a
8-4 community or technical college of one year or less; or]
8-5 [(6) a student who is a citizen of a country other
8-6 than the United States and is not seeking a degree.]
8-7 [(s) An institution of higher education shall provide to
8-8 each student who is accepted by the institution for admission and
8-9 to whom this section applies information in the institution's
8-10 catalog relating to the testing and developmental requirements of
8-11 this section and of the rules adopted by the Texas Higher Education
8-12 Coordinating Board.]
8-13 [(t) An institution may exempt a non-degree-seeking or
8-14 non-certificate-seeking student who will be 55 years of age or
8-15 older on the first class day of a term or semester from the testing
8-16 requirements imposed by this section as a condition for enrollment
8-17 during that term or semester in a course.]
8-18 [(u) A student who has been diagnosed as having dyslexia or
8-19 a related disorder, as those terms are defined by Section 38.003,
8-20 or a specific learning disability in mathematics by a qualified
8-21 professional whose license or credentials are appropriate to
8-22 diagnose the disorder or disability as determined by the board and
8-23 who completes the developmental program prescribed by the
8-24 institution may be required to retake the test once but may not be
8-25 referred to an additional developmental course or other
8-26 developmental program or precluded from enrolling in an upper
8-27 division course because of the student's performance on the test.]
9-1 [(v) A student who has passed the exit-level assessment
9-2 required under Section 39.023 shall be encouraged to take the test
9-3 required by this section while enrolled in high school unless the
9-4 student's scores on the exit-level assessment required under
9-5 Section 39.023, on the Scholastic Assessment Test, or on the
9-6 American College Test exempt the student from the test requirement
9-7 as provided by this section. The Texas Education Agency shall work
9-8 with the board to encourage eligible students to take the test;
9-9 however, taking the test shall be voluntary.]
9-10 [(w)(1) The provisions of this subsection apply to high
9-11 school students taking the test required by this section.]
9-12 [(2) Each eligible high school student shall pay for
9-13 the cost of taking the test unless funds are appropriated for that
9-14 purpose. If funds are appropriated for that purpose, the board and
9-15 the Texas Education Agency shall develop a mechanism for the
9-16 payment of the cost of the test, giving priority to the payment of
9-17 the cost of administering the test to an eligible high school
9-18 student shown to be financially needy under criteria established by
9-19 the board.]
9-20 [(3) The board shall arrange for the test to be
9-21 offered to high school students outside of regularly scheduled
9-22 school days and at locations throughout the state.]
9-23 [(4) Except as authorized by the student, including
9-24 student authorization to report the student's test scores to a
9-25 school administrator, test scores of a high school student shall be
9-26 reported only to the student and the student's parents.]
9-27 [(5) A high school student who fails to achieve the
10-1 minimum required score set by the board may not be required to take
10-2 developmental classes while in high school. However, after
10-3 graduation from high school, a student who enters a public
10-4 institution of higher education must comply with the provisions of
10-5 this section.]
10-6 [(6) A high school student who achieves the minimum
10-7 required score set by the board shall be deemed to have met the
10-8 requirements of this section when enrolling at an institution of
10-9 higher education, provided that the student enrolls in the
10-10 institution not later than five years from the date the test is
10-11 taken and the set score level is achieved. A student enrolling for
10-12 the first time in an institution of higher education after the
10-13 five-year period has elapsed must comply with all provisions of
10-14 this section.]
10-15 [(7) The board and the Texas Education Agency shall
10-16 work together to provide high school students, their parents, and
10-17 their schools with information about the Texas Academic Skills
10-18 Program and assist them in interpreting the results of the test.]
10-19 SECTION 2. Section 51.3061, Education Code, is repealed.
10-20 SECTION 3. (a) This Act takes effect immediately if it
10-21 receives a vote of two-thirds of all the members elected to each
10-22 house, as provided by Section 39, Article III, Texas Constitution.
10-23 If this Act does not receive the vote necessary for immediate
10-24 effect, this Act takes effect September 1, 2001.
10-25 (b) The change in law made by this Act applies to all
10-26 students enrolled at an institution of higher education, including
10-27 students who entered an institution of higher education before the
11-1 effective date of this Act.