The Texas Higher Education Coordinating Board adopts new §§4.51 - 4.60 of Board rules, concerning implementation of the Texas Success Initiative, without changes to the proposed text as published in the August 15, 2003, issue of the Texas Register (28 TexReg 6473). Specifically, the new sections will implement the change from the Texas Academic Skills Program (TASP) to the Success Initiative.

The following comments were received regarding §§4.51 - 4.60 of the rules:

Comment: Staff at Trinity Valley College, Navarro College, Tyler Junior College, Kilgore College, El Paso Community College, Angelina College, Panola College, The University of North Texas and The University of Texas at El Paso requested that the mandatory retest requirement for students who scored below certain standards be eliminated.

Response: Texas Education Code (TEC) §51.3062(k)(1) requires students to retake a board approved assessment if they did not initially perform within a deviation established by the board. No changes were made as a result of this comment.

Comment: One commenter asked to have the standards set by the board on the retest changed so most students would fall into one category and fewer would have to retest.

Response: The Texas Success Initiative Advisory Committee set standards for the retest that should accomplish what the commenter is asking. No changes were made as a result of this comment.

Comment: One commenter asked to replace the retest requirement with a requirement to complete remediation.

Response: TEC §51.3062(k)(1) requires students to retake a board approved assessment if they did not initially perform within a deviation established by the board. No changes were made as a result of this comment.

Comment: One commenter asked to change "minimum passing standard" to "minimum assessment standard."

Response: Staff believes "minimum passing standard" is the appropriate wording for these rules. No changes were made as a result of this comment.

Comment: Two commenters asked the board to align the standards on the four assessment instruments approved by the board.

Response: An agenda item to this effect was brought to the Board in October 2002. The item was withdrawn from consideration at the January 2003 Board meeting in response to negative comments received. No changes were made as a result of this comment.

Comment: Staff at Panola College, Angelina College, Kilgore College, Navarro College and Trinity Valley College requested that the CBM 002 reporting requirements be simplified.

Response: The Coordinating Board's Data Collection committee, in conjunction with the Texas Success Initiative Advisory Committee's Work Group on Reporting and Evaluation, is working to simplify the CBM 002 while still retaining the elements essential for the evaluation of the Texas Success Initiative. No changes were made as a result of this comment.

Comment: One commenter asked to have ACT and SAT assessments added to the list of board-approved tests.

Response: The ACT and the SAT are not basic skills assessments. No changes were made as a result of this comment.

Comment: Two commenters asked to have English as a Second Language (ESL) versions of two of the currently approved assessment instruments added to the list for non-native speakers.

Response: TEC §51.3062 does not provide for different tests or different routes of completion for certain groups of students. The legislation only requires students to be assessed and advised. Institutions decide the best strategy for preparing students for college-level work. ESL students could be placement tested using the ESL version of the assessment, enrolled in appropriate ESL and/or developmental classes, and, after completion of those classes, be assessed using one of the board-approved instruments to determine readiness for college-level work. No changes were made as a result of this comment.

The amendments are adopted under the Texas Education Code, §51.3062, which gives the Coordinating Board the authority to adopt rules concerning the Success Initiative.