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Common/Case Laws: There are no specific landmark common or case laws directly addressing the Texas Success Initiative. However, legal challenges related to standardized testing and equal access to education could potentially influence the interpretation and implementation of TSI. Court cases related to standardized testing and college admissions (e.g., Fisher v. University of Texas) may indirectly affect TSI policies.

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Source of Law: Texas Education Code, Section 51.403(e) (Statute)

Citation: (Texas Education Code §51.403(e))

Link to Full Text of Law: Texas Education Code § 51.403(e). https://law.justia.com/codes/texas/education-code/title-3/subtitle-a/chapter-51/subchapter-h/section-51-403/

Brief List:

Authorizes the Texas Higher Education Coordinating Board to establish guidelines and reporting requirements for the Texas Success Initiative.

Ensures that institutions use their granted flexibility and responsibility to improve individualized programs for student success.

Source of Law: Texas Administrative Code, Title 19, §4.55 (Administrative Law)

Citation: (19 Tex. Admin. Code § 4.55)

Link to Full Text of Law: (Texas Administrative Code, Title 19, §4.55. https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-4-55

Brief List:

Requires assessment of academic skills to determine readiness for freshman-level coursework for each entering, non-exempt undergraduate student.

Specifies that institutions may not use TSI as a condition of admission to the institution or a specific program.

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Professional Perspective: As an educator in higher education, my perspective is centered on ensuring equitable access and student success in college. This involves understanding and navigating the complexities of college readiness standards and support systems.

Audience: This guide is designed for college students, particularly incoming freshmen and transfer students, as well as parents, advisors, and educators who support them.

Topic: The Texas Success Initiative (TSI) is a state-mandated program designed to improve student success in college by assessing their readiness for college-level coursework in reading, writing, and mathematics. The guide will cover the legal and ethical considerations surrounding TSI, including assessment, exemptions, and developmental education requirements.

Why this topic? I chose this topic because TSI significantly impacts students' academic pathways and can present both opportunities and challenges in ensuring fair and effective educational practices.

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Federal Level: While TSI is primarily a state initiative, the U.S. Department of Education influences postsecondary education through funding and regulations related to accessibility and student success.

State Level: The Texas Higher Education Coordinating Board (THECB) is the governing agency for TSI. It establishes guidelines, reporting requirements, and minimum passing standards for the TSI Assessment (TSIA).

Governing Bodies and Accountability: The Texas Higher Education Coordinating Board(THECB) ensures that Texas public institutions comply with TSI regulations, including assessing students' academic skills, providing individualized success plans, and offering developmental education. Accountability is maintained through institutional reporting and compliance reviews

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Federal Regulation/Mandate: While there isn't a specific federal regulation directly mandating TSI, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act impact how TSI assessments are administered to students with disabilities, ensuring reasonable accommodations are provided.

Citation: (Americans with Disabilities Act; Section 504 of the Rehabilitation Act)

Link to Full Text of Law: Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973. https://www.hhs.gov/sites/default/files/ocr/civilrights/resources/factsheets/504.pdf

Brief List:

Requires institutions to provide appropriate accommodations for students with disabilities during TSI assessments.

Ensures that testing methods do not discriminate against individuals with disabilities.

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Local Policy/Rule: Individual Texas colleges and universities have their own policies and rules regarding TSI implementation, such as how they provide developmental education and support services.

Example: Texas Tech University's TSI Compliance Office provides resources and contacts for students to ensure TSI compliance.

Link to Full Text of Law: Texas Tech University TSI Compliance Office. https://www.depts.ttu.edu/registrar/tsi/

Brief List:

Offers TSI information sessions during orientation.

Provides advising and resources for students needing TSI coursework.

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Risk Management Strategies:

1. Ensuring the TSIA accurately assesses students' skills to avoid misplacement in developmental courses or college-level courses they are not prepared for (Texas Education Code §51.3062). This is important because misplacement can lead to student frustration, failure, and increased time to degree completion.

2. Providing robust advising, tutoring, and other support services to students in developmental education to improve their chances of success (19 Tex. Admin. Code § 4.58). This is crucial because many students in developmental education require additional support to overcome academic challenges.

3. Clearly communicating TSI requirements, exemptions, and support services to students and families to avoid confusion and ensure informed decision-making (Texas Higher Education Coordinating Board). This is vital because a lack of understanding can lead to delays in enrollment and unnecessary stress.

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Ethical Code Item: National Academic Advising Association (NACADA) Core Values of Academic Advising: "Advisors respect and value the diversity of students..."

Link to Code of Ethics: National Academic Advising Association. (n.d.). NACADA Core Values of Academic Advising. https://nacada.ksu.edu/resources/pillars/corevalues.aspx

Connection to Topic: Ensuring equitable access to college education for all students, regardless of their TSI status. This involves providing culturally responsive advising and support services that address the unique needs of diverse student populations.

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Personal Connection to the Legal and Ethical Standards

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Personal Connection to the Legal and Ethical Standards

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My educational journey has highlighted the importance of standardized assessments in determining academic pathways. Observing the impact of TSI on students, I've gained a deeper understanding of how legal and ethical standards play a crucial role in shaping equitable educational opportunities.

I feel a strong sense of responsibility to advocate for fair and effective implementation of TSI. This experience has solidified my commitment to promoting student success through informed advising and support, paving the way for my educational goals in higher education administration. Understanding the nuances of TSI allows me to contribute to policies that foster inclusivity and academic achievement.

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List of Recommendations / Best Practices for Compliance

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List of Recommendations / Best Practices for Compliance

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Recommendations/Best Practices for Compliance:

1. Encourage students to take the TSIA early in their academic career to identify areas needing improvement.

2. Advise students on available TSI exemptions and help them gather necessary documentation.

3. Ensure students complete the Pre-Assessment Activity (PAA) before taking the TSIA to understand the assessment process.

4. Develop personalized academic success plans for students not meeting TSI benchmarks, including appropriate developmental education.

5. Provide access to tutoring, advising, and other resources to support students in developmental courses.

6. Track student progress in developmental education and adjust support services as needed.

7. Maintain open communication with students regarding TSI requirements, exemptions, and available support services.

8. Provide ongoing professional development for faculty and staff on TSI regulations and best practices.

9. Regularly analyze TSI data to identify trends and areas for improvement in TSI implementation.

10. Advocate for policies that promote equitable access to higher education and support student success, regardless of TSI status.

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Texas Constitution, Art. VII, Sec. 1. https://texaslegalguide.com/Texas_Constitution:Article_VII,_Section_1

Texas Education Code § 51.3062. https://statutes.capitol.texas.gov/Docs/Ed/htm/Ed.51.htm

Texas Education Code § 51.403(e). https://law.justia.com/codes/texas/education-code/title-3/subtitle-a/chapter-51/subchapter-h/section-51-403/ [5][6]

Texas Administrative Code, Title 19, §4.55. https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-4-55[7]

Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973. https://www.hhs.gov/sites/default/files/ocr/civilrights/resources/factsheets/504.pdf [8][9]

Texas Tech University TSI Compliance Office. https://www.depts.ttu.edu/registrar/tsi/

National Academic Advising Association. (n.d.). NACADA Core Values of Academic Advising. https://nacada.ksu.edu/resources/pillars/corevalues.aspx

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Source of Law: Texas Education Code, Section 51.3062

Citation: (Texas Education Code §51.3062)

Link to Full Text of Law: Texas Education Code § 51.3062. https://statutes.capitol.texas.gov/Docs/Ed/htm/Ed.51.htm

Brief List:

Requires all entering college students at Texas public institutions to be assessed for college readiness in reading, writing, and math.

Allows for exemptions based on ACT, SAT, or successful completion of college-level coursework.

Mandates that students who do not meet college readiness benchmarks receive a plan for academic success, including developmental education interventions.

Source of Law: Texas Constitution, Article VII, Section 1

Citation: (Texas Constitution, Art. VII, Sec. 1)

Link to Full Text of Law: Texas Constitution, Art. VII, Sec. 1. https://texaslegalguide.com/Texas_Constitution:Article_VII,_Section_1

Brief List:

Emphasizes the duty of the Legislature to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.

This aligns with TSI's goal of ensuring students are prepared for college-level work, contributing to an efficient higher education system.