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By: Delisi, West, Castro H.B. No. 796
A BILL TO BE ENTITLED
AN ACT
relating to repealing the Texas Academic Skills Program and
establishing the Success Initiative.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. LEGISLATIVE INTENT. The purpose of this Act is
to provide for assessment of the readiness of entering college
students to:
(1) enroll in freshman-level academic coursework; and
(2) by providing advising and educational support
necessary for success in college, assist students who are not yet
ready to enroll in that coursework.
SECTION 2. AMENDMENT. Subchapter F, Chapter 51, Education
Code, is amended by adding Section 51.3062 to read as follows:
Sec. 51.3062. SUCCESS INITIATIVE. (a) The definitions
provided by Section 61.003 apply to this section.
(b) An institution of higher education shall assess the
academic skills of each entering undergraduate student to determine
the student's readiness to enroll in freshman-level academic
coursework. An institution may not use the assessment or the
results of the assessment as a condition of admission to the
institution.
(c) The board shall designate an instrument for use by
institutions of higher education in assessing students under this
section.
(d) If practical and feasible, not later than September 1,
2005, the board shall designate the exit-level assessment
instrument required under Section 39.023 as the primary assessment
instrument under this section. This subsection expires September
1, 2006.
(e) As the board considers necessary, the board may
designate additional assessment instruments for use by
institutions of higher education under this section.
(f) An assessment instrument designated by the board for use
under this section must be diagnostic in nature and designed to
assess a student's readiness to perform freshman-level academic
coursework. The board shall prescribe standards for the assessment
instrument or instruments that reflect that student readiness. An
institution of higher education may adopt more stringent assessment
standards with respect to student readiness.
(g) Each institution of higher education shall establish a
program to advise students regarding coursework and other means by
which students can develop the academic skills required to
successfully complete college-level work.
(h) If a student fails to meet the assessment standards
described by Subsection (f), the institution of higher education
shall work with the student to develop a plan to assist the student
in becoming ready to perform freshman-level academic coursework.
The plan must be designed on an individual basis to provide the best
opportunity for each student to attain that readiness.
(i) The institution of higher education may refer a student
to developmental coursework as considered necessary by the
institution to address a student's deficiencies in the student's
readiness to perform freshman-level academic coursework, except
that the institution may not require enrollment in developmental
coursework with respect to a student previously determined by any
institution of higher education to have met college-readiness
standards.
(j) A student may retake an assessment instrument at any
time to determine readiness to perform freshman-level academic
coursework.
(k) An institution of higher education shall determine when
a student is ready to perform freshman-level academic coursework.
The determination may include requiring a student to retake an
assessment instrument or other means of evaluating student
readiness. The institution must make its determination on an
individual basis according to the needs of the student.
(l) The legislature shall appropriate money for approved
non-degree-credit developmental courses, except that legislative
appropriations may not be used for developmental coursework taken
by a student in excess of:
(1) 18 semester credit hours, for a general academic
teaching institution; and
(2) 27 semester credit hours, for a public junior
college, public technical institute, or public state college.
(m) The board may develop formulas to supplement the funding
of developmental academic programs by institutions of higher
education, including formulas for supplementing the funding of
non-course-based programs. The board may develop a performance
funding formula by which institutions may receive additional
funding for each student who completes the Success Initiative
established under this section and then successfully completes
college coursework. The legislature may appropriate the money
required to provide the additional funding under those formulas.
(n) Each institution of higher education shall report
annually to the board on the success of its students and the
effectiveness of its Success Initiative.
(o) The board shall evaluate the effectiveness of the
Success Initiative on a statewide basis and with respect to each
institution of higher education.
(p) A student who has achieved a score set by the board on
the Scholastic Assessment Test (SAT) or the American College Test
(ACT) is exempt from the requirements of this section. An exemption
under this subsection is effective for the five-year period
following the date a student takes the test and achieves the
standard set by the board.
(q) A student who has achieved a score set by the board on an
exit-level assessment instrument required under Section 39.023 is
exempt from the requirements of this section. The exemption is
effective for the three-year period following the date a student
takes the assessment instrument and achieves the standard set by
the board. This subsection does not apply during any period for
which the board designates the exit-level assessment instrument
required under Section 39.023 as the primary assessment instrument
under this section, except that the three-year period described by
this subsection remains in effect for students who qualify for an
exemption under this section before that period.
(r) This section does not apply to:
(1) a student who has graduated with an associate or
baccalaureate degree from an institution of higher education;
(2) a student who transfers to an institution of
higher education from a private or independent institution of
higher education or an accredited out-of-state institution of
higher education and who has satisfactorily completed
college-level coursework;
(3) a student who is enrolled in a certificate program
of one year or less at a public junior college, a public technical
institute, or a public state college; or
(4) a student who is serving on active duty as a member
of the Armed Forces of the United States.
(s) An institution of higher education may exempt a
non-degree-seeking or non-certificate-seeking student from the
requirements of this section.
SECTION 3. REPEALER. Sections 51.306 and 51.3061,
Education Code, are repealed.
SECTION 4. TRANSITION. The Texas Higher Education
Coordinating Board shall adopt rules for the administration of
Section 51.3062, Education Code, as added by this Act, as soon as
practicable after this Act takes effect. For that purpose, the
board may adopt the initial rules in the manner provided by law for
emergency rules.
SECTION 5. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.