H.B. No. 3468
 
 
 
 
AN ACT
  relating to the assessment of public school students for college
  readiness and developmental education courses to prepare students
  for college-level coursework.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.0141 to read as follows:
         Sec. 28.0141.  STUDY AND REPORT ON EARLY COLLEGE READINESS
  ASSESSMENTS. (a)  The agency, in consultation with the Texas Higher
  Education Coordinating Board, shall conduct a study of best
  practices for and existing programs offering early assessments of
  high school students in order to determine college readiness,
  identify any deficiencies in college readiness, and provide
  intervention to address any deficiencies before high school
  graduation. In conducting the study, the agency, in consultation
  with the coordinating board, shall review:
               (1)  various assessments, including end-of-course
  assessment instruments under Section 39.023(c), each assessment
  currently used under Section 51.3062, and any assessment being
  proposed as a statewide model by the coordinating board under
  Section 51.3062(v), for identifying students who need additional
  assistance in preparing for college;
               (2)  various early intervention models, including:
                     (A)  summer bridge programs;
                     (B)  college preparatory courses for credit
  toward high school graduation;
                     (C)  developmental education programs, including
  college readiness programs under Section 39.234, and college study
  skills courses; and
                     (D)  dual credit courses;
               (3)  the costs associated with different assessments
  and early intervention models; and
               (4)  the effectiveness of different assessments and
  early intervention models in preparing students for college
  coursework for which course credit may be earned.
         (b)  Not later than December 1, 2012, the agency, in
  consultation with the Texas Higher Education Coordinating Board,
  public institutions of higher education, and school districts,
  shall submit to the governor, the lieutenant governor, the speaker
  of the house of representatives, and the presiding officer of each
  legislative standing committee with primary jurisdiction over
  primary and secondary education, higher education, or state
  appropriations a written report that contains recommendations for
  promoting and implementing early assessments of college readiness
  that are of a diagnostic nature and early intervention models for
  preparing high school students for college coursework for which
  course credit may be earned.
         (c)  This section expires January 1, 2013.
         SECTION 2.  Subchapter H, Chapter 29, Education Code, is
  amended by adding Section 29.2531 to read as follows:
         Sec. 29.2531.  ADULT EDUCATION ASSESSMENT. The Texas
  Education Agency shall, in consultation with the Texas Higher
  Education Coordinating Board, review the standardized assessment
  mechanism required under Section 29.252(a)(8) and recommend any
  changes necessary to align the assessment with the assessments
  designated under Section 51.3062 to allow for the proper placement
  of a student in an adult basic education course or to provide the
  student with the proper developmental or English as a second
  language coursework, as appropriate.
         SECTION 3.  Section 51.3062, Education Code, is amended by
  adding Subsections (t), (t-1), (u), (v), and (w) to read as follows:
         (t)  To allow a student to complete any necessary
  developmental coursework in the most efficient and cost-effective
  manner, the board shall encourage institutions of higher education
  to offer various types of developmental coursework that address
  various levels of deficiency in readiness to perform college
  coursework for which course credit may be earned, as determined on
  the basis of assessments as described by Subsection (f). The types
  of developmental coursework may include:
               (1)  course-based programs;
               (2)  non-course-based programs, such as advising
  programs;
               (3)  module format programs;
               (4)  competency-based education programs; and
               (5)  programs under which the student is pairing or
  taking concurrently a developmental education course and another
  course in the same subject area for which course credit may be
  earned.
         (t-1)  The board may adopt rules as necessary to implement
  Subsection (t).
         (u)  The board, in consultation with institutions of higher
  education, shall use evidence-based studies and existing data to
  study and analyze:
               (1)  assessment instruments that are currently used or
  could be used by institutions to comply with this section,
  including the diagnostic reliability and cost-effectiveness of
  those assessment instruments;
               (2)  differentiated placements for developmental
  coursework based on a student's demonstrated proficiencies or
  deficiencies in readiness to perform college coursework for which
  course credit may be earned, as determined on the basis of
  assessments as described by Subsection (f), including the extent to
  which various types of placements result in or serve efficient,
  cost-effective, and successful developmental education;
               (3)  whether the funding formulas under Subsection (m)
  and under Section 61.059, as applied to developmental coursework,
  result in or serve efficient and cost-effective implementation of
  successful developmental education; and
               (4)  whether any of the nonapplicability categories
  under Subsection (r) should be retained.
         (v)  Not later than December 1, 2012, the board shall submit
  a written report based on the study under Subsection (u) to the
  governor, lieutenant governor, speaker of the house of
  representatives, and presiding officer of each legislative
  standing committee with primary jurisdiction over higher education
  or state appropriations recommending, to the extent practicable, a
  statewide diagnostic standard assessment instrument for purposes
  of this section that allows for:
               (1)  accurate diagnosis and targeted intervention for
  students who are identified as requiring developmental coursework;
               (2)  appropriate placement to provide the type and
  level of developmental coursework that allows a student to receive
  developmental education in the most efficient, cost-effective, and
  successful manner; and
               (3)  the most effective use of formula funding with
  regard to developmental coursework targeted to students' needs.
         (w)  Subsections (u) and (v) and this subsection expire
  January 1, 2013.
         SECTION 4.  Section 61.059, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  The board shall include in its periodic review of
  formulas under Subsection (b) recommendations for changes in
  funding formulas for developmental education programs based on the
  results of the study conducted under Section 51.3062(u) and the
  report submitted under Section 51.3062(v).  This subsection expires
  January 1, 2015.
         SECTION 5.  The change in law made by this Act to Section
  61.059, Education Code, applies beginning with periodic reviews
  submitted on or after December 1, 2012.
         SECTION 6.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3468 was passed by the House on May 4,
  2011, by the following vote:  Yeas 135, Nays 3, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 3468 on May 27, 2011, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 3468 on May 29, 2011, by the following vote:  Yeas 141,
  Nays 1, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3468 was passed by the Senate, with
  amendments, on May 25, 2011, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  3468 on May 29, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor