78R4651 KSD-D
By: Rangel H.B. No. 1753
A BILL TO BE ENTITLED
AN ACT
relating to academic skills assessment of and developmental
education for undergraduate students entering public institutions
of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 51.306, Education Code,
is amended to read as follows:
Sec. 51.306. ACADEMIC SKILLS ASSESSMENT AND DEVELOPMENTAL
EDUCATION FOR NEW STUDENTS [TEXAS ACADEMIC SKILLS PROGRAM].
SECTION 2. Section 51.306, Education Code, is amended by
amending Subsections (a), (b), (c), (e), (f), (g), (h), (j), (k),
(l), (m), (q), (r), (s), (u), and (w) and adding Subsections (a-1),
(a-2), and (z) to read as follows:
(a) In this section:
(1) "Board," "institution of higher education,"
"private or independent institution of higher education," "general
academic teaching institution," "public junior college," and
"public technical institute" have the meanings assigned by Section
61.003 [of this code].
(2) "Deaf student" means a student who is a deaf person
as defined by Section 54.205(a) [of this code].
(3) "Blind student" means a student who is a blind
person as defined by Section 54.205(a) [of this code].
(4) "Core curriculum" has the meaning described by
Section 61.822.
(a-1) Each institution of higher education shall adopt a
plan for the assessment and placement of undergraduate students
entering the institution. Each plan must be filed with and approved
by the board. The board shall approve the plan if the board
determines that the plan provides for accountability and promotes
improvement in and the effective delivery of developmental
education programs. The plan must include:
(1) the test instruments and performance levels
required for the assessment of students and the placement of
students into a developmental education program or into courses
included in the core curriculum;
(2) the circumstances under which a student who does
not pass all areas of assessment under Subdivision (1) may enroll in
course work within the core curriculum;
(3) the requirements for completion of a required
developmental education program; and
(4) a performance measure to measure the effectiveness
of a student's completed developmental education program that
includes performance standards equal to or greater than the
performance standards adopted under Subsection (e).
(a-2) A plan adopted under Subsection (a-1) may not prohibit
a student from enrolling in course work within the core curriculum
if the student has completed at least one semester in a
developmental education program in any area for which the student
was referred to developmental education by the institution under
Subsection (f). The institution may provide guidance or advice to
the student on enrolling in course work within the core curriculum.
(b) Each undergraduate student who enters a public
institution of higher education must be tested for reading,
writing, and mathematics skills prior to enrolling in a course
included in the institution's core curriculum [any coursework].
The board shall prescribe circumstances under which a student who
has not been tested may enroll in a course included in the core
curriculum [coursework. A student who is permitted to enroll
without taking the test prescribed by the board must take the test
under Subsection (c) not later than the end of the first semester of
enrollment].
(c) For purposes of Subsection (b), the institution shall
use a test [the Texas Academic Skills Program Test] instrument
prescribed by the board. The board shall prescribe more than one
test instrument. [However, the board may prescribe an alternative
test instrument for an institution to use to test a student. Each
alternative test instrument prescribed shall be correlated with the
Texas Academic Skills Program Test.] Each test instrument
prescribed [adopted] by the board must be of a diagnostic nature and
be designed to provide a comparison of the skill level of the
individual student with the skill level necessary for a student to
perform effectively in the core curriculum [an undergraduate degree
program]. In prescribing [developing] the test instruments [Texas
Academic Skills Program Test], the board may [shall] consider the
recommendations of faculty from various institutions of higher
education.
(e) The board shall prescribe minimum performance standards
for each test instrument. A student whose performance is below the
standard for tested skill must participate in a developmental
education program. An institution may require higher performance
standards.
(f) If the test results indicate that developmental
education is necessary in any area tested, the institution shall
refer the student to developmental education [courses or other
developmental] programs made available by the institution. Each
institution shall make available developmental education [those
courses and] programs on the same campus at which the student would
otherwise attend classes. Developmental education [The courses or]
programs offered under this section may not be awarded [considered
as] credit toward completion of degree requirements. [On completion
of the developmental coursework or program, the student shall take
that portion of the Texas Academic Skills Program Test for which
developmental education was required.]
(g) A student may [not] enroll in any upper division course
completion of which would give the student 60 or more semester
credit hours or the equivalent only if [until] the student has
satisfied the requirements of the institution's plan for
developmental education adopted under Subsection (a-1) [student's
Texas Academic Skills Program Test results meet or exceed the
minimum standards in each skill area for which developmental
education was required] or the student has completed the core
curriculum with a grade point average of 2.25 or higher on a 4.0
scale or its equivalent [earned a grade of "B" or better in a
freshman-level credit course in the subject matter of the assessed
deficit. For that purpose, the board shall establish a list of
freshman-level credit courses for each skill area of the test
instrument. The board shall establish other assessment procedures
to be used by institutions to allow a student to enroll in upper
division courses in cases where student test results do not meet
minimum standards].
(h) The state shall fund approved [nondegree credit]
developmental education programs [courses]; however, a general
academic teaching institution may not receive funding for
developmental education programs [coursework] taken by a student in
excess of 18 semester [credit] hours, and a public junior college or
public technical institute may not receive funding for
developmental education programs [coursework] taken by a student in
excess of 27 semester [credit] hours. [Additionally, the board
shall develop formulas to augment institutional funding of other
developmental academic programs and shall develop a performance
funding formula by which institutions may receive additional
funding for each student who successfully completes the
developmental courses. The additional funding required under such
formulas shall be met by state appropriation.]
(j) The unit costs of each test shall be borne by the
student, either by direct payment to the test provider or by payment
of a fee imposed by the institution. Costs of administering the
tests to students shown to be financially needy under criteria
established by the board shall be borne by the state through
appropriation to the board for that purpose or other sources of
funds. Additionally, appropriation shall be made to the board to
cover overall administrative costs of the testing program.
(k) Each institution shall report annually to the board, on
or before a day set by rule of the board, concerning the results of
the students being tested and the effectiveness of the
institution's developmental education program and advising
program. In addition, the board shall publish annually a summary of
the report required by Section 51.403(e) identifying by name the
high school from which each tested student graduated and a
statement as to whether or not the student's performance was above
or below the standard. The summary must include the number of
students at each high school who took and passed the test while
enrolled in high school. For the purposes of this report, students
shall not be identified by name. The board shall publish annually a
report summarizing by institution of higher education for each
academic year the total number of students who:
(1) entered a developmental education program;
(2) completed developmental education programs
[courses]; and
(3) [took the Texas Academic Skills Program Test after
completing developmental courses;
[(4) passed the Texas Academic Skills Program Test
after completing developmental courses; and
[(5)] satisfied the requirements of the institution's
plan for developmental education adopted under Subsection (a-1)
[requirement of Subsection (g) in each skill area by earning an
acceptable grade in an approved course as permitted by that
subsection].
(l) A high school student who performs at or above a level
set by the board on the exit-level assessment required under
Section 39.023 is exempt from this section. The level set by the
board may not exceed a level that is equivalent to a 95 percent
probability of passing any of the test instruments prescribed by
the board under Subsection (c) [the Texas Academic Skills Program
Test]. The [This] exemption is effective [will be in effect] for
five [three] years from the date a student takes the assessment and
achieves the set score level. A student enrolling for the first time
in an institution of higher education after the five-year
[three-year] period has elapsed must conform to all provisions of
this section.
(m) An entering or transferring student who has achieved a
score to be set by the board on the Scholastic Assessment Test or
the American College Test is exempt from the requirements of this
section. The score set by the board may not exceed a score that is
equivalent to a 95 percent probability of passing any of the test
instruments prescribed by the board under Subsection (c) [the Texas
Academic Skills Program Test]. The [This] exemption is effective
for five years from the date the Scholastic Assessment Test or the
American College Test is taken and the set standard is achieved. A
student enrolling for the first time in an institution of higher
education after the five-year period has elapsed must conform to
all provisions of this section.
(q) An exemption under Subsection (o) terminates if the
student:
(1) enrolls on a permanent basis in an institution of
higher education; or
(2) enrolls in a [certificate or] degree program at an
institution of higher education.
(r) This section does not apply to:
(1) a student who accumulated three or more
college-level semester credit hours prior to the 1989 fall
semester;
(2) a student located outside this state who enrolls
in a course offered outside this state by an institution of higher
education;
(3) a deaf student;
(4) a student who has graduated with a baccalaureate
degree from an institution of higher education, an accredited
private or independent institution of higher education, or an
accredited out-of-state institution of higher education;
(5) a student enrolled in a certificate program at a
public junior or community college or public technical institute
[college of one year or less];
(6) a student who is a citizen of a country other than
the United States and is not seeking a degree; [or]
(7) a student who is serving on active duty as a member
of the armed forces of the United States; or
(8) a student seeking a degree or certificate if the
student will be 35 years of age or older on the first class day of a
term or semester.
(s) An institution of higher education shall provide to each
student who is accepted by the institution for admission and to whom
this section applies information in the institution's catalog
relating to the testing and developmental education requirements of
this section and of the rules adopted by the board [Texas Higher
Education Coordinating Board].
(u) A student who has been diagnosed as having dyslexia or a
related disorder, as those terms are defined by Section 38.003, or a
specific learning disability in mathematics by a qualified
professional whose license or credentials are appropriate to
diagnose the disorder or disability as determined by the board and
who completes the developmental education program prescribed by the
institution may be required to retake the test once but may not be
referred to an additional developmental education course or other
developmental program or precluded from enrolling in an upper
division course because of the student's performance on the test.
(w)(1) The provisions of this subsection apply to high
school students taking a [the] test required by this section.
(2) Each eligible high school student shall pay for
the cost of taking the test unless funds are appropriated for that
purpose or the cost is paid by the governing board of an institution
of higher education or the student's school district. If funds are
appropriated or otherwise provided for testing costs [that
purpose], the board and the Texas Education Agency shall develop a
mechanism for the payment of the cost of the test, giving priority
to the payment of the cost of administering the test to an eligible
high school student shown to be financially needy under criteria
established by the board.
(3) The board shall arrange for the test to be offered
to high school students outside of regularly scheduled school days
and at locations throughout the state.
(4) Except as authorized by the student, including
student authorization to report the student's test scores to a
school administrator, test scores of a high school student shall be
reported only to the student and the student's parents.
(5) A high school student who fails to achieve the
minimum required score set by the board may not be required to take
developmental classes while in high school, but on entering[.
However, after graduation from high school, a student who enters] a
public institution of higher education must comply with the
provisions of this section.
(6) A high school student who achieves the minimum
required score set by the board shall be deemed to have met the
requirements of this section when enrolling at an institution of
higher education, provided that the student enrolls in the
institution not later than five years from the date the test is
taken and the set score level is achieved. A student enrolling for
the first time in an institution of higher education after the
five-year period has elapsed must comply with all provisions of
this section.
(7) The board and the Texas Education Agency shall
work together to provide high school students, their parents, and
their schools with information about the academic skills assessment
and developmental education requirements of this section [Texas
Academic Skills Program and assist them in interpreting the results
of the test].
(z) The board shall adopt rules to ensure the program
quality and effectiveness of developmental education programs
offered by an institution of higher education under this section.
The rules must provide for accountability and promote improvement
in developmental education programs. The board, in adopting rules
under this subsection, shall consult with an advisory committee
composed of representatives of institutions of higher education
that offer developmental education programs. A majority of the
members of the advisory committee must be faculty members of
institutions of higher education.
SECTION 3. Section 51.306(x), Education Code, as added by
Chapter 855, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
(x) This subsection applies to an undergraduate student who
transfers to an institution of higher education from an accredited
private or independent institution of higher education or an
accredited out-of-state institution of higher education. A
transfer student is exempt from the requirements of this section if
[in each of the three skill areas described by Subsection (b)] the
student completed at that accredited institution a curriculum that
is equivalent or similar to the core curriculum with a grade point
average of 2.25 or higher on a 4.0 scale or its equivalent [has
earned a grade of "B" or better in a transferred freshman-level
credit course included in the list of courses established by the
board under Subsection (g). A transfer student who has not earned a
grade of "B" or better in a course in each skill area as described by
this subsection is subject to the requirements of this section for
any skill area in which the requisite grade was not earned]. A
transferred course may not be considered for purposes of this
subsection unless the transfer student submits to the institution
of higher education a transcript reflecting the grade earned in the
course. The board by rule shall establish standards for
determining for purposes of this subsection:
(1) whether an institution of higher education is
accredited; and
(2) whether a person completed a curriculum at an
accredited private or independent institution of higher education
or an accredited out-of-state institution of higher education that
is equivalent or similar to the core curriculum.
SECTION 4. Subchapter C, Chapter 132, Education Code, is
amended by adding Section 132.0631 to read as follows:
Sec. 132.0631. ACADEMIC SKILLS REQUIREMENTS FOR DEGREE
PROGRAMS. The Texas Higher Education Coordinating Board may not
adopt criteria for student academic skills or academic skills
testing as a prerequisite to approval of degree programs offered by
proprietary schools that are more stringent than the criteria
adopted by the board for a degree program at the same level offered
by an institution of higher education, as defined by Section
61.003.
SECTION 5. Section 51.306(t), Education Code, is repealed.
SECTION 6. (a) A public junior college or public technical
institute may award a certificate to a person who has not completed
the requirements of Section 51.306, Education Code, as amended by
this Act, including any testing requirement, if:
(1) the person enrolled in a certificate program at
the public junior college or public technical institute and
completed all other academic or other requirements for the
completion of the certificate program before the effective date of
this Act; and
(2) the person pays the institution any required fees
for the award of the certificate.
(b) A public junior college or public technical institute
may inform persons who are or were enrolled in a certificate program
at the institution of the provisions of this section.
SECTION 7. (a) Not later than September 1, 2003, the Texas
Higher Education Coordinating Board shall adopt initial rules to
implement the assessment and placement requirements of Section
51.306, Education Code, as amended by this Act. For that purpose,
the coordinating board may adopt the initial rules in the manner
provided by law for emergency rules.
(b) The changes in law made by this Act apply beginning with
the 2003 fall semester.
SECTION 8. 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.