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.