88R6847 CXP-D     By: Kolkhorst S.B. No. 518       A BILL TO BE ENTITLED   AN ACT   relating to requiring the consideration of standardized test scores   as a factor in nonautomatic admissions decisions at certain public   institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.805(b), Education Code, is amended to   read as follows:          (b)  The general academic teaching institution, after   admitting students under Sections 51.803 and 51.804, shall admit   other applicants for admission as undergraduate students. It is   the intent of the legislature that all institutions of higher   education pursue academic excellence by considering students'   academic achievements in decisions related to admissions. In   making first-time freshmen admissions decisions, each [Because of   changing demographic trends, diversity, and population increases   in the state, each] general academic teaching institution shall   also consider:                (1)  the applicant's performance on a standardized test   appropriate for undergraduate admissions; and                (2)  because of changing demographic trends,   diversity, and population increases in the state, all of, any of, or   a combination of the following socioeconomic indicators or factors   [in making first-time freshman admissions decisions]:                      (A) [(1)]  the applicant's academic record;                      (B) [(2)]  the socioeconomic background of the   applicant, including the percentage by which the applicant's family   is above or below any recognized measure of poverty, the   applicant's household income, and the applicant's parents' level of   education;                      (C) [(3)]  whether the applicant would be the   first generation of the applicant's family to attend or graduate   from an institution of higher education;                      (D) [(4)]  whether the applicant has bilingual   proficiency;                      (E) [(5)]  the financial status of the   applicant's school district;                      (F) [(6)]  the performance level of the   applicant's school as determined by the school accountability   criteria used by the Texas Education Agency;                      (G) [(7)]  the applicant's responsibilities while   attending school, including whether the applicant has been   employed, whether the applicant has helped to raise children, or   other similar factors;                      (H) [(8)]  the applicant's region of residence;                      (I) [(9)]  whether the applicant is a resident of   a rural or urban area or a resident of a central city or suburban   area in the state;                      (J) [(10)  the applicant's performance on   standardized tests;                [(11)]  the applicant's performance on standardized   tests in comparison with that of other students from similar   socioeconomic backgrounds;                      (K) [(12)]  whether the applicant attended any   school while the school was under a court-ordered desegregation   plan;                      (L) [(13)]  the applicant's involvement in   community activities;                      (M) [(14)]  the applicant's extracurricular   activities;                      (N) [(15)]  the applicant's commitment to a   particular field of study;                      (O) [(16)]  the applicant's personal interview;                      (P) [(17)]  the applicant's admission to a   comparable accredited out-of-state institution; and                      (Q) [(18)]  any other consideration the   institution considers necessary to accomplish the institution's   stated mission.          SECTION 2.  Section 51.842, Education Code, is amended by   adding Subsections (a-1) and (b-1) and amending Subsection (b) to   read as follows:          (a-1)  In making admissions decisions for the program, a   graduate or professional program of a general academic teaching   institution or medical or dental unit shall consider an applicant's   performance on a standardized test appropriate for the program,   except that the applicant's performance on the standardized test   may not be used as the sole criterion for consideration of the   applicant or as the primary criterion to end consideration of the   applicant. The applicant's performance on the standardized test   must also be used to compare the applicant's test score with those   of other applicants from similar socioeconomic backgrounds to the   extent that those backgrounds can be properly determined and   identified by the general academic teaching institution or medical   and dental unit based on information provided in the institution's   or unit's admissions process.          (b)  An applicant's performance on a standardized test may   not be used in the [admissions or] competitive scholarship process   for a graduate or professional program as the sole criterion for   consideration of the applicant or as the primary criterion to end   consideration of the applicant. If an applicant's performance on a   standardized test is used in the [admissions or] competitive   scholarship process, the applicant's performance must also be used   to compare the applicant's test score with those of other   applicants from similar socioeconomic backgrounds to the extent   that those backgrounds can be properly determined and identified by   the general academic teaching institution or medical and dental   unit based on information provided in the institution's or unit's   [admissions or] competitive scholarship process.          (b-1)  Subsections (a-1) and (b) do [This subsection does]   not apply to a standardized test used to measure the English   language proficiency of a student who is a graduate of a foreign   institution of higher education.          SECTION 3.  Sections 51.805 and 51.842, Education Code, as   amended by this Act, apply beginning with admissions for the 2024   fall semester. Admissions for an academic period before the 2024   fall semester are governed by the law in effect immediately before   the effective date of this Act, and the former law is continued in   effect for that purpose.          SECTION 4.  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, 2023.