By: Shapiro S.B. No. 1561 (In the Senate - Filed March 9, 2009; March 17, 2009, read first time and referred to Committee on Higher Education; May 14, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; May 14, 2009, sent to printer.) COMMITTEE SUBSTITUTE FOR S.B. No. 1561 By: Averitt A BILL TO BE ENTITLED AN ACT relating to developing a developmental education plan for students entering public institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.07611 to read as follows: Sec. 61.07611. DEVELOPMENTAL EDUCATION PLAN; REPORT. (a) To serve students who require developmental education in an effective and cost-effective manner, the board shall develop a statewide plan for developmental education to be provided under Section 51.3062 that: (1) assigns primary responsibility for developmental education to public junior colleges and public technical institutes; and (2) provides for using technology, to the greatest extent practicable consistent with best practices, to provide developmental education to students. (b) In developing the developmental education plan, the board shall: (1) research issues related to developmental education; (2) study and develop best practices for successful developmental education programs, including through use of pilot programs; and (3) assess various methods of providing developmental education to students to determine which methods, if any, should be implemented on a statewide basis. (c) Developmental education under the plan must include: (1) technological delivery of developmental education courses that allows students to complete course work; (2) diagnostic assessments to determine a student's specific educational needs to allow for appropriate developmental instruction; (3) modular developmental education course materials; (4) employment of tutors and instructional aides to supplement developmental education course instruction as needed for particular students; (5) an internal monitoring mechanism to identify a student's area of academic difficulty; (6) periodic updates of developmental education course materials; and (7) assessments after completion of a developmental education course to determine a student's readiness to enroll in freshman-level academic courses. (d) The developmental education plan must provide for: (1) ongoing training for developmental education program faculty members, tutors, and instructional aides at the institutions or other locations where those persons provide instruction; and (2) ongoing research and improvement of appropriate developmental education programs, including participation by a group of institution of higher education faculty members selected by the board, to: (A) monitor results of the programs; (B) identify successful and unsuccessful program components; and (C) identify possible solutions to program problems. (e) Not later than December 1, 2010, the board shall submit to the governor, lieutenant governor, speaker of the house of representatives, and the presiding officer of each legislative standing committee with primary jurisdiction over higher education a report concerning the initial development of the developmental education plan under this section, including any recommendations for redesign or reassignment among institutions of higher education of existing programs or implementation of new programs and, if appropriate, recommendations for legislation. This subsection expires January 1, 2011. SECTION 2. This Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision. 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, 2009. * * * * *