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.