Texas Attorney General Opinion: GA-0655 Page: 2 of 9
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Raymund A. Paredes, Ph.D. - Page 2
Code, creating a uniform admission policy for all general academic teaching institutions.2 See Act
of May 28, 1997, 75th Leg., R.S., ch. 155, 1, 1997 Tex. Gen. Laws 304, 304-06 (codified at TEX.
EDUC. CODE ANN. 51.801-.809 (Vernon 2006 & Supp. 2008)). In relevant part, the Legislature
enacted what is commonly referred to as the "top ten percent rule," requiring each general academic
teaching institution to admit an applicant for admission to the institution as an undergraduate student
if, among other requirements, the applicant graduated with a grade point average in the top ten
percent of the student's high school graduating class. See TEX. EDUC. CODE ANN. 51.803 (Vernon
Supp. 2008). The Legislature also required the governing board of each general academic teaching
institution to determine whether to adopt an admissions policy that would require admission for a
student who graduated with a grade point average in the top twenty-five percent of the applicant's
high school graduating class. See id. 51.804.
After the original enactment of subchapter U, chapter 51, the Legislature became aware that
school districts vary widely in the methods they use to calculate grade point averages and in the
weight they give to specific classes. See HOUSE COMM. ON HIGHER EDUC., BILL ANALYSIS, Tex.
H.B. 3851, 80th Leg., R.S. (2007). "The grade point scales used in Texas high schools can vary
from 3.0 to 12.0-there is no standardization." Id. For instance, some school districts give more
weight to honors and advanced-placement classes, while others do not. Debate on Tex. H.B. 3851
on the Floor of the House, 80th Leg., R.S. (May 8, 2007) (Statement of Rep. Morrison) (tape
available from House Video/Audio Servs.).
In an effort to standardize the method for calculating grade point averages across the state,
in 2005 the Legislature authorized, but did not require, the Commissioner to develop a standard
method of computing a student's high school grade point average. See Act of May 27, 2005,
79th Leg., R.S., ch. 293, 1, 2005 Tex. Gen. Laws 883, 883 (codified at TEX. EDUC. CODE ANN.
28.0252 (Vernon Supp. 2008)). Under section 28.0252, if the Commissioner adopts a standard
method, school districts are required to use the Commissioner's method to compute grade point
averages of students entering grade nine during or after the 2007-2008 school year. Id. Based on
a review of the rules promulgated by the Texas Education Agency, it appears that, to date, the
Commissioner has neither proposed nor adopted a standard method that school districts are required
to use in calculating grade point averages.
2"'General academic teaching institution' means The University of Texas at Austin; The University of Texas
at El Paso; The University of Texas of the Permian Basin; The University of Texas at Dallas; The University of Texas
at San Antonio; Texas A&M University, Main University; The University of Texas at Arlington; Tarleton State
University; Prairie View A&M University; Texas Maritime Academy; Texas Tech University; University ofNorth Texas;
Lamar University; Lamar State College-Orange; Lamar State College-Port Arthur; Texas A&M University-Kingsville;
Texas A&M University-Corpus Christi; Texas Woman's University; Texas Southern University; Midwestern State
University; University of Houston; University of Texas-Pan American; The University of Texas at Brownsville; Texas
A&M University-Commerce; Sam Houston State University; Texas State University-San Marcos; West Texas A&M
University; Stephen F. Austin State University; Sul Ross State University; Angelo State University; The University of
Texas at Tyler; and any other college, university, or institution so classified as provided in this chapter or created and
so classified, expressly or impliedly, by law." TEX. EDUC. CODE ANN. 61.003(3) (Vernon Supp. 2008).(GA-0655)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0655, text, August 26, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275551/m1/2/?q=Lamar+University: accessed June 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.