HBA-KMH, JTI H.B. 546 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 546 By: Maxey Higher Education 1/13/1999 Introduced BACKGROUND AND PURPOSE Currently, all students are required to submit standardized test scores to admissions officers for admission to Texas institutions of higher education. It has been shown that deaf persons score lower on the verbal sections of the Graduate Record Examination (GRE) & Scholastic Aptitude Test (SAT). H.B. 546 prohibits Texas institutions of higher education from requiring applicants for scholarship or financial aid who have medical proof of certain disabilities to submit standardized test scores. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding Section 51.9241, as follows: Sec. 51.9241. USE OF STANDARDIZED TEST SCORES IN ADMISSIONS OF APPLICANTS WITH DISABILITIES. Prohibits Texas institutions of higher education from requiring an applicant for admission to submit standardized test scores if the applicant is defined as disabled in Section 121.002, Human Resources Code, and submits a signed statement from a licensed health care provider stating that the disability is likely to interfere with the applicant's test performance. Section 121.002, Human Resources Code, defines a person with a disability as a person who has a mental or physical disability, including mental retardation, impairment deafness, speech impairment, visual impairment, or any health impairment that requires special ambulatory devices or services. Establishes that a health care provider can be disciplined by the appropriate licensing agency for signing a false or misleading statement or for failing to verify the accuracy of the statement. SECTION 2. Amends Subchapter A, Chapter 56, Education Code, by adding Section 56.004, as follows: Sec. 56.004. USE OF STANDARDIZED TEST RESULTS IN FINANCIAL AID DETERMINATIONS OF APPLICANTS WITH DISABILITIES. Prohibits Texas institutions of higher education, the Texas Higher Education Coordinating Board, or their agents from requiring an applicant for a scholarship or financial aid to submit standardized test scores if the applicant is defined as disabled in Section 121.002, Human Resources Code, and submits a signed statement from a licensed health care provider stating that the disability is likely to interfere with the applicant's test performance. Establishes that a health care provider can be disciplined by the appropriate licensing agency for signing a false or misleading statement or for failing to verify the accuracy of the statement. SECTION 3. Makes application of this Act prospective beginning with admissions or awards of financial aid for the 2000 fall semester. SECTION 4. Emergency clause. Effective date: 90 days after adjournment.