Texas 2011 82nd Regular

Texas House Bill HB3468 Enrolled / Bill

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                    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