H.B. No. 1244
AN ACT
relating to developmental education and the assessment of student
readiness under the Texas Success Initiative and to students
enrolled in developmental education at public institutions of
higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.3062, Education Code, is amended by
adding Subsections (a-1), (i-2), (i-3), and (i-4) and amending
Subsections (f), (i), and (k) to read as follows:
(a-1) In this section, "program evaluation" means a
systematic method of collecting, analyzing, and using information
to answer questions about developmental education courses,
interventions, and policies, particularly about their
effectiveness and cost-efficiency.
(f) Each assessment instrument designated by the board for
use under this section must be diagnostic in nature and designed to
assess a student's readiness to perform freshman-level academic
coursework. The board shall prescribe a single standard or set of
standards for each [the] assessment instrument to effectively
measure student readiness as demonstrated by current research [or
instruments that reflect that student readiness. An institution of
higher education may adopt more stringent assessment standards with
respect to student readiness].
(i) The institution of higher education may refer a student
to developmental coursework as considered necessary by the
institution to address a student's deficiencies in the student's
readiness to perform freshman-level academic coursework, except
that the institution may not require enrollment in developmental
coursework with respect to a student previously determined under
Subsection (q-1) or determined by any institution of higher
education to have met college-readiness standards. An institution
that requires a student to enroll in developmental coursework must
offer a range of developmental coursework, including online
coursework, or instructional support that includes the integration
of technology to efficiently address the particular developmental
needs of the student.
(i-2) An institution of higher education must base
developmental coursework on research-based best practices that
include the following components:
(1) assessment;
(2) differentiated placement and instruction;
(3) faculty development;
(4) support services;
(5) program evaluation;
(6) integration of technology with an emphasis on
instructional support programs;
(7) non-course-based developmental education
interventions; and
(8) course pairing of developmental education courses
with credit-bearing courses.
(i-3) The board shall adopt rules for the implementation of
Subsection (i-2).
(i-4) The board, in consultation with institutions of
higher education, shall develop and provide professional
development programs, including instruction in differentiated
instruction methods designed to address students' diverse learning
needs, to faculty and staff who provide developmental coursework to
students.
(k) An institution of higher education shall determine when
a student is ready to perform freshman-level academic coursework.
The institution must make its determination using learning outcomes
for developmental education courses developed by the board based on
established college and career readiness standards and student
performance on one or more appropriate assessments [on an
individual basis according to the needs of the student. The
determination shall include:
[(1) requiring a student to retake a board-approved
assessment instrument, if the student did not initially perform
within a deviation established by the board; or
[(2) other board-approved means of evaluating student
readiness, if the student did not initially pass the assessment
instrument but performed within a deviation established by the
board].
SECTION 2. Subchapter D, Chapter 54, Education Code, is
amended by adding Section 54.225 to read as follows:
Sec. 54.225. STUDENTS ENROLLED IN NON-SEMESTER-LENGTH
DEVELOPMENTAL EDUCATION INTERVENTIONS. The governing board of an
institution of higher education may exempt from the payment of
tuition authorized by this chapter a student who is participating
in an approved non-semester-length developmental education
intervention (including course-based, non-course-based,
alternative-entry/exit, and other intensive developmental
education activities).
SECTION 3. Section 51.3062(e), Education Code, is repealed.
SECTION 4. The change in law made by this Act applies
beginning with the 2012-2013 academic year.
SECTION 5. 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. 1244 was passed by the House on May
13, 2011, by the following vote: Yeas 125, Nays 11, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1244 on May 27, 2011, by the following vote: Yeas 130, Nays 9,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1244 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor