H.B. No. 1244
  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.
         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
         (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
         SECTION 2.  Subchapter D, Chapter 54, Education Code, is
  amended by adding Section 54.225 to read as follows:
  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
  Secretary of the Senate   
  APPROVED: __________________