The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §4.54 and §4.58, concerning the Texas Success Initiative (TSI) to support developmental education reform efforts as related to Texas Education Code (TEC), §51.3062 Success Initiative (HB 1054 and SB 1776, 84th Texas Legislature, Regular Session) without changes to the proposed text as published in the August 7, 2015, issue of the Texas Register (40 TexReg 4977). Specifically, these amendments incorporate into existing rules changes and provisions enacted by the 84th Texas Legislature (HB 1054, SB 1776). Specifically, the amendments would (1) add Basic Academic Skills Education (BASE) to the non-course competency-based developmental education intervention definition, outlining its co-enrollment requirements; (2) increase the TSI exemption for the college preparatory course under Texas Education Code Section 28.014 from twelve (12) months to twenty-four (24) months from the student's date of high school graduation, and would require the student to enroll in the entry-level college credit course in the exempted content area in the student's first year of enrollment at the institution of higher education; (3) require that students with the college preparatory course exemption who do not successfully complete the college credit course in the exempted content area must be advised of non-course based options for becoming college ready; and (4) require institutions of higher education with developmental education programs to provide differentiated instructional options for students assessed at BASE levels.

The following comments were received from The University of Texas at Austin:

Comment: Section 4.54(a)(10) - Tracking students to make sure they enroll in either a reading/writing or math course (depending on the student's needs) will surely be a challenge, one that advisors will likely be responsible for. I'm not sure institutions will have systems in place to ensure this. Additionally, it is not clear what will happen to the student's college-readiness eligibility if the institution fails to ensure the student enrolls in their first course in their first year. Will the responsibility lie with the institution? Will the student have to demonstrate college-readiness again with the TSI test because the institution failed to put them in the appropriate course?

Response: It is the responsibility of the College Preparatory Course teachers, high school counselors, and college and university advisors to ensure students who successfully completed a College Preparatory Course and qualified for the TSI exemption, as outlined in Section 4.54(a)(10), clearly understand the parameters of the exemption, including the requirement that the student enroll in the course to which the exemption applies within one year of enrollment at the institution of higher education. It is also important that students understand the two-part provision of the exemption as articulated in Texas Education Code, Section 51.3062(q-2): enrollment within 24 months of high school graduation and enrollment in the exempted course within one year. Not meeting both provisions will invalidate the exemption. No additional changes were made as a result of these comments.

Comment: Section 4.58(e) - The ambiguity in this section is more problematic. It states that a student who is eligible to take a college-level course through having completed a College Prep course in high school must earn a C or above or else be advised of NCBOs for becoming college-ready. This rule does not explicitly say that the student is no longer college-ready. In addition, the previous section simply says that the student must enroll in the college-level course in the first year. It's not clear if the student who earns less than a C can take the course again in the following semester; is considered "not college-ready" and must demonstrate college readiness in a different way (TSI Assessment); and Is required to enroll in an NCBO (vs. a semester long developmental course). In short, this section needs to be explicit about the college-readiness status of the student who earns less than a C and what the options or requirements are for that student.

Response: As first articulated in Texas Education Code, §51.3062(q-2), §4.58(e) states that a student with a TSI exemption as outlined §4.58(10) who earns less than a C in the course to which the exemption applies must be advised of non-course based options for becoming college ready, such as tutoring or accelerated learning. It does not require that the student follow the advice, nor does it state that a student not following the advice loses his/her exemption. In addition, this student may elect to enroll again in the following semester in the course to which the exemption applies. As long as the two provisions of the exemption are met (i.e., the student with the TSI exemption enrolled at an institution of higher education within 24 months of his/her date of high school graduation and the student enrolled in the course to which the exemption applies within one year of enrollment at the institution of higher education), then the exemption remains in effect, independent of the student's performance in the course to which the exemption applies. No additional changes were made as a result of these comments.

Comment: I have no problems with the changes in this subchapter. They follow logically and consistently from the new laws on dual credit. However, communication about dual credit eligibility is an area that THECB and TEA need to work together on as there is a great deal of miscommunication and misunderstanding about this among high school teachers and administrators. Many high schools are insisting that students pass the TSI Assessment to be eligible for dual credit. While this is clearly acceptable, it is not particularly appropriate in most cases, considering students will have taken the English II or Algebra I STAAR (+ Algebra II course).

Response: We continue to work closely with the Texas Education Agency and other organizations such as the regional Education Service Centers, AdviseTX, and P-16 Councils to ensure that administrators, counselors, and advisors understand and communicate to students and their parents rules related to Dual Credit and TSI exemptions. No additional changes were made as a result of these comments.

The amendments are adopted under the Texas Education Code, §51.307, which provides the Coordinating Board with the authority to adopt rules to implement the provisions of Texas Education Code, §51.3062, concerning the Texas Success Initiative.