1. (a) For each student who fails to meet the minimum passing standards described in §4.57 of this title (relating to Minimum Passing Standards), an institution shall:

   1. (1) Establish a program to advise the student regarding developmental education necessary to ensure the readiness of that student in performing freshman-level academic coursework.
   2. (2) Determine a plan, working with the student, for academic success, which shall include developmental education and may include provisions for enrollment in appropriate non-developmental coursework.

2. (b) Each plan for academic success shall:

   1. (1) Be designed on an individual basis to provide the best opportunity for each student to succeed in performing freshman-level academic coursework.
   2. (2) Provide to the student a description of the appropriate developmental education considered necessary to ensure the readiness of that student to perform freshman-level academic coursework.
   3. (3) Provide to the student an appropriate measure for determining readiness to perform freshman-level academic coursework, as described in §4.59 of this title (relating to Determination of Readiness to Perform Freshman-level Academic Coursework).
3. (c) Institutions shall consider all federal laws pertaining to individuals with disabilities when assessing and advising such students.

Source Note:The provisions of this §4.58 adopted to be effective December 3, 2003, 28 TexReg 10753.