Texas Attorney General Opinion: GA-0655 Page: 3 of 9
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Raymund A. Paredes, Ph.D. - Page 3
Subsequently, in 2007, the Legislature required that the THECB establish by rule a standard
method for computing a student's high school grade point average to be used in relation to a student
applying for admission to a general academic teaching institution. See Act of May 27, 2007, 80th
Leg., R.S., ch. 1369, 2, 2007 Tex. Gen. Laws 4667, 4667-68 (codified as an amendment to
Education Code section 51.807).3 In doing so, the Legislature maintained the Commissioner's
authority to develop a standard method for general purposes that, if adopted, must be used by school
districts. See id. 1, at 4667 (codified as an amendment to Education Code section 28.0252(b).
Section 28.0252, however, was amended to provide that if the Commissioner's standard method
conflicts with the THECB's standard method for admissions, the student's grade point average must
be computed in accordance with the method established by the THECB to determine the student's
eligibility for admission under subchapter U, chapter 51. Id. ("[T]o the extent of a conflict between
[the Commissioner's] method and the method adopted under Section 51.807, the student's grade
point average computed in accordance with the method established under Section 51.807 shall
be used in determining the student's eligibility for university admission under Subchapter U,
Chapter 51.").
Based on statements in your letter, it appears that the THECB is currently developing a
standard method for admissions but has not formally proposed or adopted a method at this time. See
Request Letter, supra note 1, at 6. The scope of this opinion is therefore limited to a discussion of
the statute authorizing the THECB's rulemaking authority. We do not address any additional
questions or complexities that may be raised by a specific rule once adopted or implemented.
II. Analysis
A. Whether school districts are required to use the THECB's standard method for
admissions
You first ask whether a standard method adopted by the THECB pursuant to section 51.807
applies to school districts if the Commissioner has not adopted a standard method under section
28.0252. See Request Letter, supra note 1, at 1.4 We presume that by using the word "apply" you
mean to ask whether school districts are required to use the THECB standard method to compute
grade point averages for purposes of admission under subchapter U, chapter 51.
Section 51.807 states, in relevant part, that "[t]o ensure a uniform standard for admissions
under this subchapter, the Texas Higher Education Coordinating Board shall adopt rules establishing
3Under the Act, the THECB was required to "adopt rules as required by Section 51.807, Education Code, as
amended by this Act, as soon as practicable after the effective date of[the] Act." Act of May 27, 2007, 80th Leg., R.S.,
ch. 1369, 5, 2007 Tex. Gen. Laws 4667, 4668 (emphasis added).
4The Texas Association of School Administrators ("TASA") has argued that "[i]fthe commissioner of education
does not adopt a method, a conflict does not exist and thus school districts are not required to use the method adopted
under Section 51.807 for university admissions." Letter from David Thompson, Counsel for TASA, to Nancy Fuller,
Chair, Opinion Committee, Office of Attorney General, at 3 (July 18, 2008) (on file with the Opinion Committee).(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/m1/3/?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.