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By: Giddings H.B. No. 3119
A BILL TO BE ENTITLED
AN ACT
relating to the grade point average of and imposition of a fee on a
student who repeats a course at a public institution of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9315 to read as follows:
Sec. 51.9315. EFFECT OF REPEATING UNDERGRADUATE COURSE ON
GRADE POINT AVERAGE. (a) Each institution of higher education
shall adopt a uniform policy applicable to all students of the
institution for calculating the grade point average of a student
who completes a course at the institution that the student has
previously completed at the same institution. The policy must
provide for one of the following methods of calculating the
student's grade point average:
(1) the higher grade received by the student for the
course is included in the calculation and the lower grade is
excluded, except that if the student receives the same grade both
times the student completes the course, the grade received when the
student repeats the course is included and the former grade is
excluded; or
(2) the grade received when the student repeats the
course is included in the calculation and the grade received the
first time the student completed the course is excluded from the
calculation.
(b) A policy adopted under Subsection (a) does not apply to
a course that a student repeats in a term or semester in which the
student repeats one or more courses that could result in the
exclusion of a total of more than 15 credit hours from the
calculation of the student's grade point average under the
institution's policy adopted under Subsection (a).
(c) For purposes of this section, courses completed by a
student are considered the same course only if the content of each
course does not vary significantly from the content of the other
course or courses, as determined by the institution. For purposes
of this subsection, the content of a course that changes solely
because of intervening advances in knowledge or technology is not
considered to vary significantly from the content of the course
offered before those advances.
(d) If a student enrolls in the same course at the same
institution more than two times, each of the student's grades in the
course shall be included in the calculation of the student's grade
point average.
(e) This section does not apply to:
(1) a graduate-level course or a course in which a
student enrolls for credit in a postgraduate program; or
(2) a course that a student completed the first time
before the 2006 fall semester.
(f) The exclusion of a grade received for a course under
this section does not authorize the institution to change the
student's permanent record. The transcript and permanent record of
a student from whose grade point average calculation a grade for a
course is excluded under this section must include the same
information for that course, including the grade received, that
would otherwise be included if the grade were included in the
calculation of the student's grade point average.
(g) An institution of higher education may not apply a
policy adopted under this section to a student for a course the
student repeated before the policy takes effect in a manner that
would reduce the student's grade point average for courses
completed before the policy takes effect.
SECTION 2. Subchapter E, Chapter 54, Education Code, is
amended by adding Section 54.547 to read as follows:
Sec. 54.547. FEE FOR REPEATING COURSE. (a) The governing
board of an institution of higher education may impose a fee for a
course for which a student enrolls if the student has previously
completed the same course at the institution. The amount of the fee
may not exceed what would be charged to a non-resident student who
undertakes a course three or more times.
(b) Money collected from the fee may be used for any purpose
of the institution and is not considered to be tuition or a required
course fee for purposes of the funding formulas established by the
Texas Higher Education Coordinating Board under Section 61.059.
(c) For purposes of this section, courses are considered to
be the same course only if the content of each course does not vary
significantly from the content of the other course or courses, as
determined by the institution. For purposes of this subsection,
the content of a course that changes solely because of intervening
advances in knowledge or technology is not considered to vary
significantly from the content of the course offered before those
advances.
(d) This section does not apply to:
(1) a graduate-level course or a course in which a
student enrolls for credit in a postgraduate program;
(2) a course that the student completed before the
2006 fall semester; or
(3) a remedial education course or other course not
offered primarily for credit toward completion of a degree or
certificate program.
SECTION 3. Section 51.9315, Education Code, as added by
this Act, applies to the calculation of a grade point average
beginning with the 2006 fall semester. After this Act takes effect
until the 2006 fall semester, each institution of higher education
shall implement Section 51.9315, Education Code, as added by this
Act, concurrently with routine computer acquisition, maintenance,
and upgrade.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.