HBA-MPM H.B. 2591 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2591
By: Rangel
Higher Education
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

In 1987, the Texas Legislature approved legislation directing the Texas
Higher Education Coordinating Board (board) to implement a diagnostic test
instrument to measure whether high school students who enter a public
institution of higher education were capable of doing collegelevel work.
The board, in consultation with various faculty and educational leaders
throughout the state, developed the Texas Academic Skills Program test
(TASP), which is used to determine whether a student needs to take
developmental courses in addition to regular courses.  Several changes were
made to the test during the 75th Legislative Session. As a result of these
changes, some students have been unable to pursue education beyond high
school because they were required to take the remedial courses after
failing a portion of the TASP test. 

H.B. 2591 allows the board to prescribe an alternative assessment test,
rather than the TASP Test, for students enrolled in a degree program.
Certificate holders, students over 30, and students in active military duty
would be exempt from this testing procedure. Furthermore, this bill
requires students who fail a portion of the test to be referred to a
developmental education program in the areas they failed, although if that
student should achieve an overall grade point average of 2.25 in the core
curriculum, the student is allowed to enroll in upper division courses.
This bill also addresses the issue of accountability of developmental
education programs and directs the board to develop formulas recommending
institutional funding for these programs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 1 (Section 51.306, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.306, Education Code, as follows:

Sec. 51.306.  NEW TITLE:  ASSESSMENT AND PLACEMENT.  (a)  Defines "core
curriculum" with the meaning assigned by Section 61.822 (Core Curriculum),
Education Code.  Makes nonsubstantive changes. 

(b)  Requires each institution of higher education to adopt and file with
the Texas Higher Education Coordinating Board (board) a plan for the
assessment and placement of undergraduate students (students) entering the
institution.  Provides that this plan must include certain information and
data regarding the testing of students. 

(c)  Provides that a plan for the assessment and placement of students may
not prohibit a student from enrolling in coursework within the core
curriculum.  Authorizes the institution to provide guidance or advice to
the student on enrolling in coursework within the core curriculum. 

(d)  Redesignated from existing Subsection (b).  Deletes the requirement
that a student who is permitted to enroll without taking the test
prescribed by the board must take the Texas Academic Skills Program test
(TASP) no later than the end of the first semester of  enrollment.  Makes
conforming changes. 

(e)  Redesignated from existing Subsection (c).  Requires the board to
prescribe more than one test instrument.  Deletes text authorizing the
board to prescribe an alternative test instrument for an institution to use
to test a student and requiring these alternative instruments to be
correlated with TASP.  Authorizes, rather than requires, the board to
consider the recommendations of faculty from various institutions of higher
education in prescribing alternative test instruments.  Makes conforming
changes. 

(f)  Redesignated from existing Subsection (d).

(g)  Redesignated from existing Subsection (e).

(h)  Redesignated from existing Subsection (f).  Requires an institution of
higher education to refer a student to developmental education programs,
rather than developmental education courses or other developmental
programs, in the event that test results indicate that this education is
necessary in any area tested.  Prohibits these programs from being awarded,
rather than considered as, credit toward completion of degree requirements.
Makes conforming and nonsubstantive changes. 

(i)  Redesignated from existing Subsection (g).  Authorizes, rather than
prohibits, a student to enroll in any upper division course completion of
which would give the student 60 or more semester credit hours (hours) or
the equivalent, only if, rather than until, the student has satisfied the
requirements of the institutional plan for assessment and placement adopted
under Subsection (b), or the student has completed the core curriculum with
a grade-point average of 2.25 or more on a 4.0 scale or its equivalent,
rather than earned a grade of "B" or better in a freshman level credit
course in the subject matter of the assessed deficit.  Deletes the
requirement that the board establish a list of freshmanlevel credit courses
for each skill area of the test instrument.  Makes a conforming change. 

(j)  Redesignated from existing Subsection (h).  Requires the state to fund
approved developmental education programs, rather than nondegree credit
developmental courses. Deletes the requirement that the board develop
formulas to augment institutional funding of other developmental academic
programs and develop a performance funding formula by which institutions
may receive additional funding for each student who successfully completes
the developmental courses.  Further deletes the requirement that the
additional funding required under such a formula be met by state
appropriations.  Makes conforming and nonsubstantive changes.   

(k)  Redesignated from existing Subsection (i).  Makes no change.

(l)  Redesignated from existing Subsection (j).  Requires the unit costs of
each test to be borne by the student, either by direct payment or by a fee
imposed by the institution. 

(m)  Redesignated from existing Subsection (k).  Makes conforming changes.

(n)  Redesignated from existing Subsection (l).  Prohibits the level set by
the board from exceeding a level equivalent to a 95 percent probability of
passing any of the test instruments adopted by the board under Subsection
(e), and provides that this exemption will be in effect for five, rather
than three, years from a date a student takes the assessment and achieves
the set score level.  Makes conforming changes. 

(o)  Redesignated from existing Subsection (m).  Makes a conforming change.

(p)  Redesignated from existing Subsection (n).  Makes no change.

(q)  Redesignated from existing Subsection (o).  Makes no change.

(r)  Redesignated from existing Subsection (p).  Makes a conforming change.
 
(s)  Redesignated from existing Subsection (q).  Provides that an exemption
from the requirements of this section terminates if a student enrolls in a
degree program at an institution of higher education, rather than a
certificate or degree program.  Makes a conforming change. 

(t)  Redesignated from existing Subsection (r).  Makes this section
inapplicable to: 

_a student enrolled in a certificate program at a public junior or
community college or public technical institute, rather than a community or
technical college of one year or less;  
_a student who is not seeking a degree or certificate, deleting the
qualification that said student is a citizen of a country other than the
United States;  
_a student seeking a degree or certificate if the student will be 30 years
of age or older on the first class day of a term or semester; or  
_a student who is a member of the United States Armed Forces on active duty.

(u)  Redesignated from existing Subsection (s).  Makes conforming and
nonsubstantive changes. 

(v)  Redesignated from existing Subsection (u).  Makes a conforming change.

(w) Redesignated from existing Subsection (v).  Makes no change.

(x)  Redesignated from existing Subsection (w).  Requires each eligible
high school student to pay for the cost of taking a 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.
Makes conforming and nonsubstantive changes. 

(y)  Requires the board to adopt rules to ensure the program quality and
effectiveness of developmental education programs offered by an institution
of higher education under this section.  Specifies that the rules must
provide for accountability and promote improvement in programs.  Requires
the board, in adopting these rules, to consult with an advisory committee
composed of representatives of institutions of higher education that offer
programs.  Provides that the majority of the members of this committee must
be faculty members of institutions of higher education. 

Deletes existing Subsection (t), which authorizes an institution to exempt
a non-degree seeking or non-certificate seeking student who will be 55
years of age or older on the first day of class of a term or semester from
the testing requirements imposed by this section as a condition for
enrollment during that term or semester. 

SECTION 2.  Amends Subchapter F, Chapter 51, Education Code, by adding
Section 51.3062, as follows: 

Sec. 51.3062.  FORMULA FUNDING FOR DEVELOPMENTAL EDUCATION.  (a) Requires
the board, in the same manner as it develops and proposes formulas under
Section 61.059 (Appropriations), Education Code, to develop formulas
recommending institutional funding for developmental education programs
described in Section 51.306(j), Education Code.     

(b)  Requires the board, in developing a formula under this section, to
provide that certain percentages of funding are to be allocated to the
number of students requiring a developmental educational program and to the
institution's successful operation of its program. 

(c)  Specifies that the formula developed under Subsection (b) must provide
that certain percentages of funds be awarded based on certain determining
factors. 

 SECTION 3.  Requires the board to adopt rules to implement the assessment
and placement requirements of this Act no later than September 1, 1999.
Makes this Act effective beginning with the 1999 fall semester. 

SECTION 4.Emergency clause.
  Effective date: upon passage.