Institutions shall not submit for formula funding any hours for a course that is the same or substantially similar to a course that the student previously attempted for two or more times at the same institution unless the student meets the following conditions for a third attempt:
  (1) has reenrolled at the institution following a break in enrollment from the institution or another institution of higher education covering at least the 24-month period preceding the first class day of the initial semester or other academic term of the student's reenrollment; and
  (2) has successfully completed at least 50 semester credit hours of course work at an institution of higher education that are not exempt from the limitation on formula funding set out in §13.104(1) - (6) of this title (relating to Exemptions for Excess Hours) before that break in enrollment.

Source Note: The provisions of this §13.105 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective February 28, 2018, 43 TexReg 1082