By Jones of Dallas H.B. No. 2975
76R4557 JSA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the grade point average of and imposition of a fee on a
1-3 student who repeats a course at a state institution of higher
1-4 education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1-7 amended by adding Section 51.9315 to read as follows:
1-8 Sec. 51.9315. EFFECT OF REPEATING UNDERGRADUATE COURSE ON
1-9 GRADE POINT AVERAGE. (a) Each institution of higher education
1-10 shall adopt a uniform policy applicable to all students of the
1-11 institution for calculating the grade point average of a student
1-12 who completes a course at the institution that the student has
1-13 previously completed at the same institution. The policy must
1-14 provide for one of the following methods of calculating the
1-15 student's grade point average:
1-16 (1) the higher grade received by the student for the
1-17 course is included in the calculation and the lower grade is
1-18 excluded, except that if the student receives the same grade both
1-19 times the student completes the course, the grade received when the
1-20 student repeats the course is included and the former grade is
1-21 excluded; or
1-22 (2) the grade received when the student repeats the
1-23 course is included in the calculation and the grade received the
1-24 first time the student completed the course is excluded from the
2-1 calculation.
2-2 (b) A policy adopted under Subsection (a) does not apply to
2-3 a course that a student repeats in a term or semester in which the
2-4 student repeats one or more courses that could result in the
2-5 exclusion of a total of more than 15 credit hours from the
2-6 calculation of the student's grade point average under the
2-7 institution's policy adopted under Subsection (a).
2-8 (c) For purposes of this section, courses completed by a
2-9 student are considered the same course only if the content of each
2-10 course does not vary significantly from the content of the other
2-11 course or courses, as determined by the institution. The content
2-12 of a course that changes because of advances in knowledge or
2-13 technology is not considered to vary significantly from the content
2-14 of the course before the change for purposes of this section solely
2-15 because of that change.
2-16 (d) If a student enrolls in the same course at the same
2-17 institution more than two times, each of the student's grades in
2-18 the course shall be included in the calculation of the student's
2-19 grade point average.
2-20 (e) This section does not apply to:
2-21 (1) a graduate-level course or a course in which a
2-22 student enrolls for credit in a postgraduate program; or
2-23 (2) a course that a student completed the first time
2-24 before the 2000 fall semester.
2-25 (f) The exclusion of a grade received for a course under
2-26 this section does not authorize the institution to change the
2-27 student's permanent record. The transcript and permanent record of
3-1 a student from whose grade point average calculation a grade for a
3-2 course is excluded under this section must include the same
3-3 information for that course, including the grade received, that
3-4 would otherwise be included if the grade were included in the
3-5 calculation of the student's grade point average.
3-6 SECTION 2. Subchapter E, Chapter 54, Education Code, is
3-7 amended by adding Section 54.546 to read as follows:
3-8 Sec. 54.546. FEE FOR REPEATING COURSE. (a) The governing
3-9 board of an institution of higher education may impose a fee for a
3-10 course for which a student enrolls if the student has previously
3-11 completed the same course at the institution. The amount of the
3-12 fee may not exceed 10 percent of the tuition and other required
3-13 fees charged to the student for the course.
3-14 (b) Money collected from the fee may be used for any purpose
3-15 of the institution and is not considered to be tuition or a
3-16 required course fee for purposes of the funding formulas
3-17 established by the Texas Higher Education Coordinating Board under
3-18 Section 61.059.
3-19 (c) For purposes of this section, courses are considered to
3-20 be the same course only if the content of each course does not vary
3-21 significantly from the content of the other course or courses, as
3-22 determined by the institution. The content of a course that
3-23 changes because of advances in knowledge or technology is not
3-24 considered to vary significantly from the content of the course
3-25 before the change for purposes of this section solely because of
3-26 that change.
3-27 (d) This section does not apply to:
4-1 (1) a graduate-level course or a course in which a
4-2 student enrolls for credit in a postgraduate program;
4-3 (2) a course that the student completed before the
4-4 2000 fall semester; or
4-5 (3) a remedial education course or other course not
4-6 offered primarily for credit toward completion of a degree or
4-7 certificate program.
4-8 SECTION 3. Section 1 of this Act applies to the calculation
4-9 of a grade point average beginning with the 2000 fall semester.
4-10 Each institution of higher education shall implement Section
4-11 51.9315, Education Code, as added by this Act after this Act takes
4-12 effect until the 2000 fall semester concurrently with routine
4-13 computer acquisition, maintenance, and upgrade.
4-14 SECTION 4. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.