HBA-MPM H.B. 2975 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2975
By: Jones, Jesse
Higher Education
4/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there are different policies in place at state colleges and
universities affecting the mathematical calculation of a student's grade
point average (GPA) who repeats a course.  Some state institutions of
higher education will allow the subsequent grade to replace that of a prior
grade, while others average both grades into the overall GPA.  H.B. 2975
allows a student to repeat and permits the higher grade received by the
student to be included in the calculation of the student's GPA, provided
the content of the repeated course essentially remains the same as the
original. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 51, Education Code, by adding
Section 51.9315, as follows: 

Sec. 51.9315.  EFFECT OF REPEATING UNDERGRADUATE COURSE ON GRADE POINT
AVERAGE.  (a)  Requires each institution of higher education to adopt a
uniform policy applicable to all students of the institution for
calculating the grade point average (GPA) of a student who completes the
same course at the institution twice.  Provides that this policy is
required to calculate the student's GPA as per one of the following
methods: 

_the higher grade received for the course is included in the calculation,
and the lower grade is excluded, except if the student receives the same
grade both times upon completing the course, the grade received when the
student repeats the course is included and the former grade excluded; or 
_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)  Makes a policy adopted under Subsection (a) inapplicable to a course 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 GPA under the policy. 

(c)  Provides that 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.  Provides that the content of a
course that changes because of advances in knowledge or technology is not
considered to vary significantly from the content of the course before the
change for purposes of this section solely because of that change. 

(d)  Requires a student's grades in the course to be included in the
calculation of the student's GPA if the student enrolls in the same course
at the same institution more than twice. 
 
(e)  Makes this section inapplicable to a graduate-level course or a course
in which a student enrolls for credit in a postgraduate program or a course
that a student completed the first time before the 2000 fall semester. 

(f)  Provides that the exclusion of a grade received for a course under
this section does not authorize the institution to change the student's
permanent record.  Provides that the transcript and permanent record of a
student from whose GPA 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 GPA. 

SECTION 2.  Amends Subchapter E, Chapter 54, Education Code, by adding
Section 54.546, as follows: 

Sec. 54.546.  FEE FOR REPEATING COURSE.  (a)  Authorizes the governing
board (board) of an institution of higher education to impose a fee for a
completed course which a student repeats, if the student initially took the
course at the institution.  Prohibits the fee from exceeding 10 percent of
the tuition and other required fees charged to the student for the course. 

(b)  Authorizes money collected from the fee to 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 (Appropriations),
Education Code. 

(c)  Provides that 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.  Provides that the content of a course that
changes because of advances in knowledge or technology is not considered to
vary significantly from the content of the course before the change for
purposes of this section solely because of that change. 

(d)  Makes this section inapplicable to a graduate or postgraduate level
course, a course the student completed before the 2000 fall semester, or a
remedial education course or other course not offered primarily for credit
toward completion of a degree or certificate program. 

SECTION 3.  Makes SECTION 1 applicable beginning with the 2000 fall
semester. Requires each institution of higher education to implement
Section 51.9315, Education Code, as added by this Act, after this date
takes effect until the 2000 fall semester concurrently with routine
computer acquisition, maintenance, and upgrade. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.