The Texas Higher Education Coordinating Board adopts emergency new §§5.311-5.318, concerning Testing and Developmental Education. The new rules are to be adopted on an emergency basis pursuant to §2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. The rules are being proposed for emergency action to provide institutions of higher education with more flexibility under the law to assist students in need of developmental education to acquire college level skills.

The new rules are proposed under Texas Education Code, Section 51.307 and §61.027 .

§5.311. Purpose.

In accordance with, and under the authority of Texas Education Code, §51.306 and §51.403, this subchapter is intended to delineate policies relating to the Texas Academic Skills Program (TASP) and the treatment of students in public institutions of higher education who do not pass one or more sections of an approved test given for TASP purposes.

§5.312. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Alternative Test A test instrument other than the TASP Test approved by the Board for use by an institution to initially test a student for TASP purposes.

(2)

Blind student and Deaf student Students who are blind or deaf persons as defined by the Texas Education Code, §54.205(a).

(3)

Developmental Education Courses, tutorials, laboratories, or other efforts to bring student skill levels in reading, writing and mathematics to entering college level. English as a Second Language (ESL) courses may be considered developmental education, but only when they are used to bring student skill levels in reading or writing to entering college level. The term does not include courses in study skills or thinking skills.

(4)

Minimum Passing Standard Statewide testing standard each undergraduate student who enters a public institution of higher education, unless exempt, must meet or exceed on measures of reading, writing and mathematics skills in order to fulfill requirements specified in Texas Education Code, §51.306.

(5)

Non-Degree Credit Course A course which may not be counted toward a degree or certificate. The term includes developmental, pre-collegiate and continuing education courses.

(6)

Testing irregularity Any occurrence in the course of administering the TASP Test or detected after administration of the test that violates rules of test participation, standards of test security and/or academic honesty.

(7)

TASP The Texas Academic Skills Program specified in the Texas Education Code, §51.306.

(8)

TASP requirements The statutory requirements of the Texas Education Code, §51.306.

(9)

Texas Academic Skills Program (TASP) Test The test, other than an alternative test, as defined and reviewed by Texas higher education faculty and approved by the Board, that fulfills the statutory requirements of the Texas Education Code, §51.306. The test shall be uniformly administered statewide on days prescribed by the Board and shall be scored by the testing contractor. The test measures college readiness in reading, writing and mathematics and includes a written essay. It is administered under secure conditions and each student is provided with diagnostic information regarding test performance.

(10)

Upper-division course Any degree credit course beyond the sophomore level as defined by a four-year senior university, and any degree credit course offered by an upper-level institution.

§5.313. Institutional Developmental Education Plans.

(a)

No later than June 1, 2000, each institution of higher education shall adopt a plan for the assessment and placement of undergraduate students entering the institution and for the provision of effective developmental education to students who do not have college-level skills in reading, writing and mathematics. The institutional plan shall provide for quality and accountability, and shall promote improvement in the effectiveness of developmental education programs for student learning at the institution.

(b)

The plan must clearly describe the path students must take to meet the TASP requirements at that institution. The plan must specify:

(1)

when a student must begin developmental education,

(2)

what developmental education must be taken, and

(3)

when the student has successfully completed all required developmental work.

(c)

An institutional plan shall include advising programs to advise students at every level of undergraduate courses and degree options appropriate for the individual student.

(d)

As a part of its plan, an institution may choose to defer developmental education for students who, upon enrollment, are not seeking a degree or Level-Two certificate. If such students subsequently choose to seek a degree or Level-Two certificate, all developmental education requirements apply. Institutions must determine student degree- and certificate-seeking status at the beginning of each enrolled term.

(e)

Since developmental education plans may vary from institution to institution, each plan shall include provisions for students who transfer from one Texas public institution to another. In addition, the institution's plan shall include provisions for students who transfer from a Texas private or independent institution of higher education or an out-of-state institution.

(f)

Institutional plans must include a description of any exceptional circumstances, other than those specified in §5.314(a)(2)(A), (B), (C) and (D) of this title (relating to Eligibility and Exemptions/Exceptions), which would be used to permit untested students to enroll in college-level coursework.

(g)

The plan must be approved by the governing board of the institution and provided to the Coordinating Board.

(h)

Until the institution's plan is adopted, an institution shall make every effort to apply the rules in this subchapter in a fair and equitable manner.

§5.314. Eligibility and Exemptions/Exceptions.

(a)

Eligibility

(1)

Each undergraduate student, unless otherwise exempt, who enters a public institution of higher education must be tested for reading, writing and mathematics skills prior to enrolling in any collegiate-level coursework. A student who has not been tested may enroll in coursework only under the circumstances provided in paragraph (2) of this subsection, but must take a test approved for TASP purposes not later than the end of the first semester of enrollment. If any student under this section fails to test during the designated semester, the student will not be permitted to re-enroll or to enroll in any Texas public higher education institution in any courses other than non-degree credit courses until he or she has tested.

(2)

Exceptional circumstances under which a student who has not been tested may enroll in college-level coursework may be determined by the institution. Exceptional circumstances include, but are not limited to:

(A)

documented illness, injury or other bonafide emergency which prevents a student from testing;

(B)

diagnosed and documented disability for which reasonable and appropriate accommodations could not be provided by the institution in a timely manner;

(C)

deaf students who arrive on campus without having taken the Stanford Achievement Test prior to enrollment may be allowed to enter school but are required to take the Stanford at the next regularly scheduled offering; and

(D)

after all reasonable institutional testing opportunities have passed and additional students, through no fault of their own, have not been tested.

(3)

Alternative test instruments approved by the Board may be used by an institution to initially test students. The section(s) of an alternative test that a student passes will count towards meeting TASP requirements, and the sections failed or not attempted will subject a student to TASP requirements and the institution's developmental education plan.

(A)

Each alternative test instrument shall be correlated with the TASP Test in that it must be of a diagnostic nature and designed to provide a comparison of the reading, mathematics and writing skills of the individual student with the skills necessary for a student to perform effectively in an undergraduate degree program.

(B)

Alternative tests are to be used only for initial testing; the TASP Test must be used for all retakes. On completion of the developmental coursework or program, the student shall take that portion of the TASP Test for which developmental education was required.

(C)

The alternative tests approved by the Board are:

(i)

ASSET and COMPASS offered by ACT; and

(ii)

Multiple Assessment Programs and Services (MAPS) and ACCUPLACER offered by The College Board

(D)

The unit costs of alternative tests shall be borne by the student.

(4)

A high school student who has passed the exit-level assessment required under the Texas Education Code, §39.023 (TAAS) shall be encouraged to take a test for TASP purposes while enrolled in high school unless otherwise exempt.

(A)

A high school student who enrolls in dual credit courses or is concurrently enrolled must take a test for TASP purposes prior to enrolling in college-level coursework.

(B)

A high school student who fails to achieve the minimum passing standard set by the Board may not be required to take developmental classes while in high school, and the student may not take collegiate level classes related to portions of the test that have not been passed. However, high schools and colleges should encourage students who do not meet the minimum standards to take courses while in high school to remedy any skill deficiencies. Nothing in this subsection precludes a college from providing developmental education courses to high school students at the request of a high school pursuant to the provisions of the Texas Education Code, §130.090(a).

(5)

Students not otherwise exempt from the provisions of this subchapter may not graduate from a Level-Two certificate program (43-59 semester credit hours or the equivalent), an associate degree program or baccalaureate degree program, or enroll in any upper-division course completion of which would give the student 60 or more college-level semester credit hours or the equivalent (the student may continue to enroll in lower-division or non-degree credit courses) until the student either:

(A)

passes all sections of the TASP Test (or an alternative test on initial attempt only); or

(B)

earns a grade of "B" or better in a freshman-level credit course in the skill area of the assessed deficit in accordance with §5.315(d) of this title.

(6)

After successful completion of an appropriate developmental program, a student must retake appropriate sections of the TASP Test unless the student has earned a grade of "B" or better in an approved course.

(7)

A student shall not enroll in an institution which by law may not offer lower-division courses unless the student has passed a test for TASP purposes or otherwise fulfilled all TASP requirements.

(8)

A student shall not enroll in upper-level programs at a health-related institution unless the student has passed a test for TASP purposes or otherwise fulfilled all TASP requirements.

(9)

An upper-level institution or health-related institution that inadvertently admits a student who has not passed a test approved for TASP purposes must take appropriate steps to ensure that the student meets TASP requirements.

(10)

Blind students shall take a test approved for TASP purposes with appropriate accommodations.

(11)

Deaf students shall take the Stanford Achievement Test nationally normed on the hearing impaired population by Gallaudet University. Other than the requirement that the student take the Stanford Achievement Test, all provisions of these rules, including the exemptions and exceptions, apply to deaf students. Minimum passing standards on the Stanford Achievement Test are:

(A)

Reading Comprehension-652 scaled score, 29 raw score;

(B)

Mathematics Total-682 scaled score, 66 raw score;

(C)

Language Total-662 scaled score, 37 raw score; and

(D)

Study Skills-663 scaled score, 19 raw score.

(12)

A Texas public institution of higher education offering collegiate-level credit to students via a Multi-Institution Teaching Center (MITC) or a university system center, or to in-state students by distance learning delivery systems must ensure that students meet all TASP requirements.

(b)

Exemptions/Exceptions

(1)

Any student with at least three college-level semester credit hours or the equivalent from an accredited institution accumulated prior to the fall of 1989 shall not be required to meet TASP requirements regardless of any election of academic fresh start (Texas Education Code, §51.931). Credit hours must be certified as college-level by the granting institution but need not apply toward a degree or certificate.

(2)

A student who performs at or above a level set by the Board on the ACT, Scholastic Assessment Test (SAT) or exit-level Texas Assessment of Academic Skills (TAAS) shall be exempt from TASP requirements. This exemption shall be in effect for five years from the date the ACT or SAT was taken and for three years from the date the TAAS Test was taken. While a test may be retaken, ACT or SAT scores meeting or exceeding the standard set by the Board must be achieved on a single test administration. TAAS scores must meet or exceed exemption standards on the first attempt for each section. Standards for exemption from TASP requirements are:

(A)

ACT: composite score of 23 with a minimum of 19 on both the English and the mathematics tests;

(B)

SAT:

(i)

for a test taken in April 1995 or later, a combined verbal and mathematics score of 1070 with a minimum of 500 on both the verbal and the mathematics tests; or

(ii)

for a test taken prior to April 1995, a combined verbal and mathematics score of 970, with a minimum of 420 on the verbal test and 470 on the mathematics test; or

(C)

TAAS: a minimum scale score of 1,770 on the writing test, a Texas Learning Index (TLI) of 86 on the mathematics test and 89 on the reading test.

(3)

An institution may exempt from TASP requirements a non-degree-seeking or non-certificate-seeking student who will be 55 years of age or older on the first class day of a term or semester.

(4)

A student who enrolls on a temporary basis in a Texas public institution of higher education, and is not seeking a degree or Level-Two certificate, and is also enrolled in a private or independent institution of higher education or an out-of-state institution of higher education or has graduated from an institution of higher education, a private or independent institution, or an out-of-state institution of higher education is exempt from TASP requirements.

(5)

TASP requirements do not apply to students enrolled in certificate programs of one year or less (Level-One certificates, 42 or fewer semester credit hours or the equivalent) at a community or technical college.

(6)

A student who has been diagnosed as having dyslexia or a related disorder, as those terms are defined by Texas Education Code, §38.003, or a specific learning disability in mathematics by a qualified professional whose license or credentials are appropriate to diagnose the disorder or disability as determined by the board, who takes a test for TASP purposes and completes the developmental program prescribed by the institution may be required to retake the TASP Test once but may not be referred to an additional developmental course or other developmental program or precluded from enrolling in an upper-division course or graduating because of the student's performance on the test.

(7)

A student who is a citizen of a country other than the United States and is not seeking a degree is exempt from TASP requirements.

(8)

A student who has graduated with a baccalaureate degree from an accredited institution of higher education is exempt from TASP requirements.

(9)

A student who transfers with 60 or more accumulated college-level semester credit hours or the equivalent to a Texas public institution from a private or out-of-state institution may use transferred courses which are given common course numbers corresponding to those in §5.315(d)(3) to satisfy TASP requirements. A student must have earned a course grade of "B" or higher in each of the three skill areas. If not, the student must be tested for the remaining skill area(s) and must comply with all other TASP requirements.

§5.315.Criteria for Meeting TASP Requirements.

(a)

A student who initially fails one or more sections of a test taken for TASP purposes may satisfy TASP requirements in one of two ways:

(1)

Achieving a passing score on sections of the TASP Test for which developmental education was required; or

(2)

Earning a grade of "B" or better in an appropriate course approved by the Board in subsection (d)(3) of this section.

(b)

An institution shall clearly indicate on an official transcript how a student has met TASP requirements.

(c)

Minimum Passing Standards

(1)

Minimum passing scaled score standards for the TASP Test are: Reading-230; Mathematics-230; Writing-220.

(2)

Minimum passing scaled score standards for the approved alternative tests are:

(A)

ASSET: Reading Skills-41; Elementary Algebra-38; Writing Skills (objective)-40; and Written Essay-6.

(B)

COMPASS: Reading Skills-81; Algebra-39; Writing Skills (objective)-59; and Written Essay-6.

(C)

MAPS: Reading Comprehension-114; Elementary Algebra Skills-613; Conventions of Written English-310; and Written Essay-6.

(D)

ACCUPLACER: Reading Comprehension-78; Elementary Algebra-63; Sentence Skills-80; and Written Essay-6.

(3)

The passing standard for the written essay portion of all alternative tests is a score of 6. However, an essay with a score of 5 will pass if the student meets the objective writing test standard. Institutions should require students to take lower-level subtests, especially in mathematics, in order to obtain a broader diagnostic picture of a student's skills (e.g., arithmetic skills, pre-algebra, elementary algebra).

(4)

An institution may require higher performance standards.

(d)

Meeting TASP Requirements by Making a Grade of "B" or Better

(1)

An institution may specify circumstances under which students may take a "B" or better course concurrently with a developmental education course as long as both are related to the area of skill deficiency. Students who complete, to the satisfaction of the institution, the appropriate developmental education and concurrently earn a grade of "B" or better in an appropriate approved course, do not have to retake the TASP Test. Institutions shall specify courses of action for students who earn a grade of "B" or better in an approved course but do not meet all institutional developmental education requirements.

(2)

Except as provided in paragraph (1) of this subsection, a student must complete the prescribed developmental education program prior to enrolling in a "B" or better course.

(3)

The following are the freshmen-level credit courses, identified by their Common Course Numbers, approved by the Board in accordance with the Texas Education Code, §51.306(g):

(A)

Writing

(i)

ENGL 1301 (Composition I); or

(ii)

ENGL 1302 (Composition II)

(B)

Reading (Courses selected for reading at any institution must be reading intensive)

(i)

HIST 1301, 1302 (U. S. History);

(ii)

ENGL 2321, 2322, 2323 (British Literature);

(iii)

ENGL 2331, 2332, 2333 (World Literature);

(iv)

ENGL 2326, 2327, 2328 (American Literature);

(v)

PSYCH 2301 (General Psychology); or

(vi)

GOVT 2301,2302,2305,2306 (American Government)

(C)

Mathematics

(i)

MATH 1332 (College Mathematics);

(ii)

MATH 1333 (College Mathematics);

(iii)

MATH 1314 (College Algebra); or

(iv)

MATH 1316 (Plane Trigonometry).

(D)

Institutions may choose from the authorized course list and are not required to offer all of the approved courses. However, an institution must offer at least one course from the list in each subject area for these purposes each term.

§5.316.Developmental Education and Advisement.

(a)

A student whose performance is below the minimum passing standard set by the Board for a tested skill area on the TASP Test or approved alternative test must meet the requirements set forth in the institution's developmental education plan.

(b)

Each institution shall make available those courses and programs on the same campus or center at which the student would otherwise attend classes. Where there are multiple centers or sites for classes, an institution may designate a principal site or sites where developmental education will be conducted.

(c)

An institution may elect to provide developmental programs or courses on its campus by contracting with a second institution to deliver the instruction. Under such an arrangement, the host institution is responsible for the quality and effectiveness of developmental education.

(d)

A student may not graduate from a community, technical, or public state college or enter upper-division work beyond 60 semester hours at a university until all TASP requirements are met.

(e)

When students are concurrently enrolled in multiple Texas public institutions of higher education, the institution where the student first registers and pays full tuition charges (Texas Education Code, §54.062) takes precedence for the provision of developmental education in accordance with Subsections (b) and (c) of this section.

§5.317.Administration.

(a)

Each institution shall develop procedures for administering approved alternative tests which must include reasonable and appropriate accommodations for students with disabilities and internal policies for dealing with testing irregularities and academic dishonesty.

(b)

Once a student has passed any section of the TASP Test or an approved alternative test, his or her score shall remain permanently effective. Test sections passed while a student is in high school are valid for a period of five years.

(c)

A public institution of higher education serving as a testing site may not charge students for site costs.

(d)

Policies relating to these rules must be followed as they are described and further extended in the TASP Policy Manual.

(e)

TASP Test scores may be withheld and/or canceled for any student who is suspected of committing a testing irregularity during the TASP Test administration. A student whose TASP Test scores have been withheld shall receive prompt notification of the reasons why the scores have been withheld and shall be entitled to due process of law prior to any cancellation of scores. Institutions may be notified in the event the student is found to have committed a testing irregularity.

§5.318.Reporting and Funding.

(a)

Reporting

(1)

Each institution shall report annually to the Board data concerning the results of the students being tested and the effectiveness of the institution's developmental program and advising program.

(2)

Each institution of higher education shall report to the Board in accordance with Texas Education Code, §51.403(e) the following information on student performance during the first year enrolled after graduation from high school: TASP Test scores, alternative test scores, developmental education courses required, and grade point average.

(b)

Funding

(1)

A general academic teaching institution (university) may not receive funding for developmental courses taken by a student in excess of 18 semester credit hours; a public community college district or technical college may not receive funding for developmental courses taken by a student in excess of 27 semester credit hours or the equivalent.

(2)

All developmental hours funded by the state during the summer of 1996 and thereafter shall be counted toward each student's total number of developmental hours at a given institution.

(3)

English as a Second Language (ESL) hours may be used for developmental education purposes when a student is placed in such courses as a result of failing the reading or writing portion of the TASP Test or an approved alternative test. However, when used for such purposes, ESL hours shall be counted toward the 18/27 hour cap.

(c)

Audits

(1)

Each institution is responsible for full compliance with the Texas Education Code, §51.306 and the rules adopted by the Board.

(2)

Failure to comply with the TASP statute and rules or any other act or omission that results in the accumulation of semester credit hours or the equivalent in violation of the TASP statute and rules shall be a basis for disallowing those credits by audit exceptions, resulting in an adjustment of the dollar amounts of institutional funds.

Filed with the Office of the Secretary of State,on August 5, 1999.

TRD-9904817

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Effective date: August 5, 1999

Expiration date: December 3, 1999

For further information, please call: (512) 483-6162