By Kubiak H.B. No. 31 74R541 JSA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the calculation of the grade point average of a student 1-3 who repeats a course at an institution of higher education. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 61, Education Code, is 1-6 amended by adding Section 61.0741 to read as follows: 1-7 Sec. 61.0741. EFFECT OF REPEATING UNDERGRADUATE COURSE ON 1-8 GRADE POINT AVERAGE. (a) In calculating the grade point average 1-9 of a student enrolled in an institution of higher education, the 1-10 institution shall exclude from the calculation a grade that is the 1-11 equivalent of a "C," "D," or "F" received by the student the first 1-12 time the student completed a course, if the student repeats the 1-13 same course at the same institution and on repeating the course 1-14 receives a grade superior to the grade the student received the 1-15 first time the student completed the course. 1-16 (b) Subsection (a) does not apply to a course that a student 1-17 repeats in a term or semester in which the student repeats one or 1-18 more courses that could result in the exclusion of more than 15 1-19 credit hours from the calculation of the student's grade point 1-20 average at the same institution if Subsection (a) were applicable. 1-21 (c) For purposes of this section, courses completed by a 1-22 student are considered the same course only if the content of each 1-23 course does not vary significantly from the content of the other 1-24 course or courses. The content of a course that changes because of 2-1 advances in knowledge or technology is not considered to vary 2-2 significantly from the content of the course before the change for 2-3 purposes of this section solely because of that change. 2-4 (d) If a student enrolls in the same course at the same 2-5 institution more than two times, each of the student's grades in 2-6 the course shall be included in the calculation of the student's 2-7 grade point average. 2-8 (e) This section does not apply to: 2-9 (1) a graduate-level course or a course in which a 2-10 student enrolls for credit in a postgraduate program; or 2-11 (2) a course that the student completed the first time 2-12 before the fall semester 1996. 2-13 (f) The transcript of a student from whose grade point 2-14 average calculation a grade for a course is excluded under this 2-15 section must include the same information for that course, 2-16 including the grade received, that would otherwise be included if 2-17 the grade were included in calculating the student's grade point 2-18 average. 2-19 SECTION 2. Section 54.051, Education Code, is amended by 2-20 adding Subsection (o) to read as follows: 2-21 (o) The tuition for a course that a student repeats in 2-22 circumstances in which completing the course being repeated would 2-23 require the grade earned by the student the first time the student 2-24 completed the course to be excluded from the calculation of the 2-25 student's grade point average under Section 61.0741 is: 2-26 (1) the tuition the student would otherwise pay, if 2-27 for the same term or semester the student: 3-1 (A) receives a competitive scholarship described 3-2 by Section 54.064(a), regardless of the amount of the scholarship; 3-3 (B) participates in a work-study program; or 3-4 (C) receives an educational grant to attend the 3-5 institution that is provided under state or federal law or awarded 3-6 by the institution at which the student is enrolled; 3-7 (2) the regular tuition that would be paid by a 3-8 nonresident student enrolled in the same course, if the student is 3-9 a resident student not covered by Subdivision (1); or 3-10 (3) an amount equal to 120 percent of the regular 3-11 tuition that would be paid by a nonresident student enrolled in the 3-12 same course, if the student is a nonresident student not covered by 3-13 Subdivision (1). 3-14 SECTION 3. This Act applies to the calculation of a grade 3-15 point average and to tuition rates beginning with the fall semester 3-16 1996. Each institution of higher education shall implement this 3-17 Act after this Act takes effect until the fall semester 1996 3-18 concurrently with routine computer acquisition, maintenance, and 3-19 upgrade. 3-20 SECTION 4. The importance of this legislation and the 3-21 crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended, 3-25 and that this Act take effect and be in force from and after its 3-26 passage, and it is so enacted.