(a) The governing board of a junior college district may charge a student a higher rate of tuition than the tuition that would otherwise be charged for a course in which the student enrolls if:
(1) the student has previously enrolled in the same course or a course of substantially the same content and level two or more times; and
(2) the student’s enrollment in the course is not included in the contact hours used to determine the junior college’s allocation of state appropriations under this chapter and Chapter 130A.
(b) This section does not apply to a non-degree-credit developmental course.

(c) The total amount of tuition charged to the student under this section for the repeated course may not exceed the full cost of instruction for the course with respect to the student.