By:  Rangel                                                       H.B. No. 3375


A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the Texas Academic Skills Program and establishing the Success Initiative. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 51.306, Education Code, is repealed and replaced with a new Section 51.306 to read as follows: Section 51.306. Success Initiative. (a) The purpose of this section is to assess the readiness of entering college students to enroll in freshman-level academic coursework and to assist students who are not yet ready by providing the advising and educational support they need to succeed in college. (b) In this section: (1) "Board," "institution of higher education," "private or independent institution of higher education," "general academic teaching institution," "public junior college," "public technical institute," and "public state college" have the meanings assigned by Section 61.003 of this code. (c) Each undergraduate who enters a public institution of higher education shall be assessed to determine readiness to enroll in freshman-level academic coursework. An institution may not use the assessment as a condition of admission into the institution. (d) The Board shall designate at least one instrument for institutions to use to assess students. The Board may designate multiple instruments for institutions to use. Any assessment instrument approved by the Board must be diagnostic in nature and designed to provide an assessment of a student's readiness to perform freshman-level academic college coursework. It is the intent of the Legislature that the assessment instrument required in Section 39.023 of this code be designated as an assessment instrument and shall replace the test referred to as the Texas Academic Skills Program Test no later than September 1, 2005. (e) The Board shall prescribe assessment standards that reflect readiness to enroll in freshman-level academic college coursework. If the Board approves more than one assessment instrument, the scores on all instruments shall be correlated. (f) Each institution of higher education shall establish an advising program to advise students about coursework and any other means by which students can develop the skills they need to successfully complete college-level work. (g) If a student does not meet the assessment standards, the institution shall work with the student to develop a plan to assist the student in becoming college ready. The institution may refer a student to developmental coursework; however, referral to coursework is not required. The plan should be designed individually to provide the best opportunity for a student to become ready to successfully complete college-level work. (h) A student may re-take the assessment at any time to determine readiness to enter college-level coursework. (i) Institutions shall determine when a student is ready to take college-level course work. This determination may include having a student retake the assessment, or it may include other means of evaluating readiness. The determination should be made individually based on what best serves the student's needs. A student who has been determined to meet college-readiness standards at one institution may not be required to complete additional developmental education at another institution to which the student transfers. (j) The state shall fund approved non-degree-credit developmental courses; however, a general academic teaching institution may not receive funding for developmental coursework taken by a student in excess of 18 semester credit hours, and a public junior college, public technical institute or public state college may not receive funding for developmental coursework taken by a student in excess of 27 semester credit hours. Additionally, the board may develop formulas to augment institutional funding of other developmental academic programs and may develop a performance funding formula by which institutions may receive additional funding for each student who completes the student success assessment program and then successfully completes college coursework. The state may appropriate the funds required to provide the additional funding from such formulas. (k) Each institution shall report annually to the Board on the success of its students and the effectiveness of its Success Initiative. (l) The Board shall evaluate the effectiveness of the Success Initiative. (m) This section does not apply to: (1) A student who has achieved a score set by the Board on the Scholastic Assessment Test or the ACT or (2) A student who has achieved a score set by the Board on the exit-level assessment required under Section 39.023 of this code. This section expires on ________, 2004. (n) This section does not apply to: (1) A student located outside this state who enrolls in a course offered outside this state by an institution of higher education; (2) A student who has graduated with an associate's or baccalaureate degree from an institution of higher education, a private or independent institution of higher education, or an accredited out-of-state institution of higher education; (3) A student who is enrolled in a certificate program of one year or less at a public community college or technical institute; or (4) A student who accumulated three or more college-level semester credit hours prior to the 1989 fall semester. SECTION 2. The Texas Higher Education Coordinating Board shall adopt rules for the administration of this section, 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 3. 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.