19 TAC §§4.53 - 4.57, 4.59, 4.62
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §§4.53 - 4.57, 4.59, and 4.62,
concerning Texas Success Initiative (TSI), to reflect developmental
education reform efforts as required in House Bill 1244, House Bill
3468, and Senate Bill 162 (82nd Legislature, Regular Session). Revisions
address clarifying applicable definitions and exemptions; implementing
a single, statewide assessment instrument and college readiness standard;
recommending holistic assessment and placement; clarifying required
program components; and ensuring consistent terminology throughout.
Dr. Judith Loredo, Assistant Commissioner for P-16 Initiatives,
has determined that for each year of the first five years this section
is in effect, there will not be any fiscal implications for state
or local government as a result of enforcing or administering the
amendments to rules.
Dr. Loredo has also determined that for each year of the first
five years the section is in effect, the public benefit anticipated
as a result of administering this section will be to establish clear
rules for the consistent administration and evaluation of developmental
education program efficiency and effectiveness. There is no effect
on small businesses. There are no anticipated economic costs to persons
who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposal may be submitted to Dr. Judith Loredo,
P.O. Box 12788, Austin, Texas 78711, judith.loredo@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the
Texas Register.
The amendments are proposed under Texas Education Code §51.3062,
which provides the Coordinating Board with the authority to establish
policies and procedures relating to the TSI, and Texas Education Code §51.307,
which provides the Coordinating Board with the authority to adopt
and publish rules and regulations to effectuate the provisions of
Texas Education Code, Chapter 51, Subchapter F.
The amended sections affect Texas Education Code §51.3062.
§4.53.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) - (4)
(No change.)
(5)
Compressed Course--A developmental
course that has the same number of contact hours and addresses the
same learning outcomes as a traditional course but meets in a shortened
overall time period (e.g., four weeks at twelve contact hours per
week or eight weeks at six contact hours per week instead of sixteen
weeks at three contact hours per week), thus allowing for multiple
developmental courses to be completed in the same time period as one
traditional course.
(6)
Contextualized/Intensive Coursework--Strategies
that accelerate learning for lower skilled learners whereby contextualized
coursework integrates career subject matter with pre-college skills
development in reading, writing, and mathematics; and intensive coursework
shortens the overall delivery of a course through lengthened class
meeting times (e.g., four hours per class meeting instead of two hours).
(7)
[
(5)
] Course Pairing
(also
known as Mainstreaming)
--An instructional strategy whereby students
are enrolled simultaneously in a developmental education course and/or
intervention and the
entry-level freshman
[
gateway
]
course of the same subject matter within the same semester. The developmental
component provides support that advances [
the
] students'
success in the
entry-level freshman
[
gateway
]
course.
(8)
[
(6)
] Developmental Coursework
and/or Intervention--Non-degree-credit coursework and/or activity
designed to address a student's strengths and needs in the areas of
reading, writing,
integrated reading and writing (IRW),
mathematics
,
and student success.
(9)
[
(7)
] Developmental Education--
Pre-college, non-degree credit
[
Developmental
] courses,
interventions,
tutorials, laboratories, and other means of assistance
that are included in a plan to ensure the success of a student in
performing entry-level academic coursework.
(10)
[
(8)
] Differentiated Instruction--The
different instructional processes used to work within a student's
varied skill levels, motivational attitudes
,
and learning
preferences.
(11)
[
(9)
] Differentiated Placement--Advising
and placement of students based on individual strengths and needs.
(12)
Entry-level course (sometimes
referred to as entry-level freshman coursework)--Any course for academic
credit in which a freshman student typically enrolls: the course shall
not have prerequisites and is open to any student meeting TSI standards
as defined in §4.57 of this title (relating to College Ready
and Adult Basic Education (ABE) Standards) and/or meeting at least
one of the exemptions or waivers as defined in §4.54 of this
title (relating to Exemptions, Exceptions, and Waivers). These courses
(or their local equivalent in Texas Common Core Numbering System)
include, but are not limited to, ENGL 1301, HIST 1301, PSYC 2301,
GOVT 1301, MATH 1314/1414/1324/1332/1342, SOCI 1301, PHIL 1301, SPCH
1311/1315, COSC 1401, HUMA 1301, ARTS 1301, and BIOL 1306/1406.
(13)
[
(10)
] Institution of higher
education or institution--Any public technical institute, public junior
college, public senior college or university, medical or dental unit,
or other agency of higher education as defined in Texas Education
Code, §61.003(8).
(14)
[
(11)
] Measureable Learning
Outcomes--Knowledge, skills, and abilities, and/or attitudes that
students should be able to demonstrate upon completion of a course
and/or intervention.
(15)
[
(12)
] Minimum Passing Standards--The
minimum scores which must be attained by a student in reading, writing,
and mathematics
in the TSI Assessment Instrument
that indicates
the student's readiness to enroll in
entry-level freshman courses
as defined in paragraph (12) of this section. These scores are set
forth in §4.57 of this title
[
freshman-level academic
coursework
].
(16)
[
(13)
] Non-Course-
Competency-
Based Developmental Education Interventions (also known as Non-Semester-Length
Interventions
or NCBO
)--Interventions that use learning
approaches designed to address a student's identified weaknesses and
effectively and efficiently prepare the student for college-level
work. These interventions must be overseen by an instructor of record,
must not fit traditional course frameworks, and cannot include advising
or learning support activities already connected to a traditional
course; interventions may include, but are not limited to, tutoring,
supplemental instruction, or labs.
(17)
[
(14)
] Non-Degree Credit
Course--A course which may not be counted toward a degree or certificate.
The term includes developmental education, pre-collegiate, and general
continuing education courses.
(18)
[
(15)
] Professional Development--The
provision of ongoing and systematic learning opportunities for developmental
educators and support staff that focus on research-based strategies,
methodologies, and best practices resulting in effective and efficient
coursework and/or interventions advancing the cognitive and non-cognitive
skills of underprepared students seeking post-secondary enrichment,
certificates, and degrees.
(19)
[
(16)
] Program Evaluation--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.
(20)
[
(17)
] Technology--The use
of instructional aids, methods and/or other computer-based tools that
enhance student learning.
(21)
TSI Assessment Time Periods--For
phase-in of TSI Assessment college-ready standards, the following
time periods shall be applicable:
(A)
Phase I--Start date: institution's first class
day of fall 2013; expiration: the day immediately before the first
class day of fall 2017;
(B)
Phase II--Start date: institution's first class
day of fall 2017; expiration: the day immediately before the first
class day of fall 2019; and
(C)
Final Phase--Start date: institution's first class
day of fall 2019; no expiration.
(22)
TSI Assessment--The Board-approved
assessment instrument designated in §4.56 of this title (relating
to Assessment Instrument) for use by institutions of higher education
for assessing a student's readiness to enroll in an entry-level freshman
course.
§4.54. Exemptions, Exceptions, and Waivers [ Exemptions/Exceptions ].
(a)
The following students shall be exempt from the
requirements of this title
, whereby exempt students shall not
be required to provide any additional demonstration of college readiness
and shall be allowed to enroll in any entry-level freshman course
as defined in §4.53(12) of this title (relating to Definitions)
:
(1)
For a period of five (5) years from the date of
testing, a student who is tested and performs at or above the following
standards
that cannot be raised by institutions
:
(A)
ACT: composite score of 23 with a minimum of 19
on the English test
shall be exempt for both the reading and
writing sections of the TSI Assessment,
and/or
19 on
the
mathematics test shall be exempt for
the mathematics section
of the TSI Assessment
[
those corresponding sections
];
(B)
SAT:
[
Scholastic Assessment Test
(SAT):
] a combined
critical reading (formerly "verbal")
[
verbal
] and mathematics score of 1070 with a minimum of 500
on the
critical reading
[
verbal
] test
shall
be exempt for both reading and writing sections of the TSI Assessment,
and/or
500 on
the mathematics test shall be exempt for
the mathematics
section of the TSI Assessment
[
those corresponding sections
];
or
(2)
(No change.)
(3)
For a period of
five (5) years
[
three
(3) years
] from the date of testing, a student who is tested
and performs
at or above the following standards that cannot
be raised by institutions:
(A)
on the Eleventh grade exit-level Texas
Assessment of Knowledge and Skills (TAKS) with a minimum scale score
of 2200 on the math section and/or a minimum scale score of 2200 on
the English Language Arts section with a writing subsection score
of at least 3, shall be exempt from the
TSI Assessment
[
assessment
] required under this title for those corresponding sections
;
or
[
.
]
(B)
STAAR end-of-course (EOC) with
a minimum score of Level 2 on the English III shall be exempt from
the TSI Assessment required under this title for both reading and
writing, and a minimum score of Level 2 on the Algebra II EOC shall
be exempt from the TSI Assessment required under this title for the
mathematics section.
(4) - (9)
(No change.)
(b)
(No change.)
(c)
ESOL Waiver--An institution may
grant a temporary waiver from the assessment required under this title
for students with demonstrated limited English proficiency in order
to provide appropriate ESOL/ESL coursework and interventions. The
waiver must be removed prior to the student attempting 15 credit hours
of developmental ESOL coursework or attempting entry-level freshman
coursework, whichever comes first, at which time the student would
be administered the TSI Assessment. Funding limits as defined in Texas
Education Code, §51.3062(l)(1) and (2) for developmental education
still apply.
(d)
[
(c)
] Any student who has
been determined to be exempt in mathematics, reading, and/or writing
under subsection (a) or (b) of this section shall not be required
to enroll in developmental coursework and/or interventions in the
corresponding area of exemption.
§4.55.Assessment and Placement .
(a) - (b)
(No change.)
(c)
For holistic placement of non-exempt
students not meeting standards as defined in §4.57(a) and (b)
of this title (relating to College Ready and Adult Basic Education
(ABE) Standards), institutions shall use for determination of appropriate
courses and/or interventions the TSI Assessment results and accompanying
Diagnostic Profile, along with consideration of one or more of the
following:
(1)
High school Grade Point Average/class ranking;
(2)
Prior academic coursework and/or workplace experiences;
(3)
Non-cognitive factors (e.g., motivation, self-efficacy);
and
(4)
Family-life issues (e.g., job, childcare, transportation,
finances).
(d)
[
(c)
] An institution 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 shall ensure that students are
assessed as required by this section.
(e)
[
(d)
] An institution may
not use the assessment or the results of the assessment as a condition
of admission to the institution or as a condition of admission to
a specific program offered by the institution.
§4.56.Assessment Instrument [ Instruments ].
Beginning with the institution's first class day of Academic
Year (fall) 2013, an institution of higher education shall use the
TSI Assessment offered by the College Board as the only Board-approved
assessment instrument under this title. Any previously-employed assessments
(ACCUPLACER, Compass, THEA, Asset, Compass ESL, ACCUPLACER ESL) can
no longer be used under this title for entering students who initially
enroll in any course on or after the institution's first class day
in fall 2013.
[The following assessment instruments are
approved by the Board:]
[(1)
ASSET and COMPASS offered by ACT;]
[(2)
ACCUPLACER offered by The College Board]
[(3)
Texas Higher Education Assessment (THEA) (formerly
TASP Test) offered by National Evaluation Systems, Inc.]
§4.57. College Ready and Adult Basic Education (ABE) [ Minimum Passing ] Standards.
(a)
The following minimum passing
standards for reading and mathematics on the TSI Assessment shall
be used by an institution to determine a student's readiness to enroll
in entry-level freshman coursework:
(1)
Phase I as defined in §4.53(21) of this title
(relating to Definitions) - Reading 351; Mathematics 350;
(2)
Phase II as defined in §4.53(21) of this title
- Reading 355; Mathematics 356; and
(3)
Final Phase as defined in §4.53(21) of this
title - Reading 359; Mathematics 369.
(b)
The following standards on the
TSI Assessment may be used by an institution for consideration of
courses and/or interventions addressing the educational and training
needs of students at the Adult Basic Education levels (at or below
the following cut scores, with no phase-in period):
(1)
Reading 342;
(2)
Writing 350;
(3)
Mathematics 336.
(c)
The Phase I, II, and Final Phase
college readiness passing standard for the writing portion of the
TSI Assessment is an essay score of 5. However, an essay score of
4 will meet this standard if the student also meets the multiple choice
writing standard of 363.
(d)
An institution shall not require
higher Phase I, II, and Final Phase college readiness standards on
any or all portions of the TSI Assessment to determine a student's
readiness to enroll in any entry-level freshman course.
(e)
Determination of applicable Phase
I, II, or Final Phase standards as defined in subsections (a), (b),
and (c) of this section is based on the student's initial TSI Assessment
testing date in any subject area. TSI Assessment results are valid
for five (5) years from date of testing.
[
(a)
The following minimum passing
standards shall be used by an institution to determine a student's
readiness to enroll in freshman-level academic coursework:
]
[
(1)
ASSET: Reading Skills - 41; Elementary
Algebra - 38; Writing Skills (objective) - 40; and Written Essay -
6.
]
[
(2)
COMPASS: Reading Skills - 81;
Algebra - 39; Writing Skills (objective) - 59; and Written Essay -
6.
]
[
(3)
ACCUPLACER: Reading Comprehension
- 78; Elementary Algebra - 63; Sentence Skills - 80; and Written Essay
- 6.
]
[
(4)
THEA: Reading - 230; Mathematics
- 230; Writing - 220.
]
[
(b)
The minimum passing standard for
the written essay portion of all tests is a score of 6. However, an
essay with a score of 5 will meet this standard if the student meets
the objective writing test standard.
]
[
(c)
An institution may require higher
passing standards. This subsection expires academic year 2013-2014.
]
§4.59.Determination of Readiness to Perform Entry-Level Freshman[ -level Academic ] Coursework.
(a)
An institution shall determine when a student is
ready to perform
entry-level
freshman[
-level academic
]
coursework using:
(1)
Developmental education coursework and/or intervention
learning outcomes developed by the Board based on the Texas College
and Career Readiness Standards; and
(2)
Student performance on one or more appropriate
assessments
, including scores resulting from a student's retaking
of the TSI Assessment
.
(b)
As indicators of readiness, institutions shall
consider, as appropriate:
(1)
Performance in developmental education.
(2)
Performance in appropriate non-developmental coursework.
(c)
A student may retake an assessment instrument at
any time, subject to availability, to determine the student's readiness
to perform
entry-level
freshman[
-level academic
]
coursework.
(d)
An institution shall, as soon as practicable and
feasible, indicate a student's readiness in reading, mathematics,
and writing on the transcript of each student.
§4.62.Required Components of Developmental Education Programs.
(a)
An institution of higher education must
base developmental coursework on research-based best practices that
include
all of
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
/interventions with entry-level freshman courses, also known as mainstreaming
or co-enrollment of developmental education and entry-level freshman
courses as defined in §4.53(12) of this title (relating to Definitions)
[
with credit-bearing courses
].
(b)
As part of subsection (a)(2) of
this section, institutions shall offer Integrated Reading and Writing
(IRW) course/intervention at the highest level (just below college-readiness
as determined by the institution) by spring 2015.
(c)
As part of subsection (a)(7) of
this section, institutions shall offer at least one section of non-course
competency-based intervention (NCBO) per developmental education subject
area by spring 2015.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 6, 2013.
TRD-201301782
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 25, 2013
For further information, please call: (512) 427-6114