LOUISIANA STUDENT FINANCIAL ASSISTANCE COMMISSION
OFFICE OF STUDENT FINANCIAL ASSISTANCE
Tuition Opportunity Program for Students (TOPS) Bulletin
TOPS BULLETIN NUMBER: T2005-10
DATE ISSUED: December 16, 2005
EFFECTIVE DATE: As Indicated
DISTRIBUTION:

College, University and LAICU Chancellors, Financial Aid Offices, Business Offices, Registrars and Auditors; Parish Presidents and Superintendents; High School Principals and Counselors; Proprietary Schools; Louisiana Legislators, Officials and the Congressional Delegation; Higher Education Board; Libraries; Commission Members; Technical College Campus Deans and Student Personnel Services Officers

TOPIC:

Scholarship/Grant Programs - Natural Disasters, Deferments

To assure that your Rules remain current, please record this document on your Bulletin index and retain it with your manual.

 

The Louisiana Student Financial Assistance Commission (LASFAC) adopted emergency rules at its December 1, 2005 meeting to ensure that students adversely affected by a natural disaster are not further penalized by the loss or denial of benefits from LASFAC’s administered programs.

The full compilation of the TOPS rules, with all changes incorporated to date, may be viewed on our web site at www.osfa.state.la.us. The revisions, with inserted text underlined and stricken text lined through, follow:


DECLARATION OF EMERGENCY

Student Financial Assistance Commission
Office of Student Financial Assistance

Scholarship/Grant Programs – Natural Disasters, Deferments

(LAC 28:IV.301, 703, 705, 803, 805)

 

The Louisiana Student Financial Assistance Commission (LASFAC) is exercising the emergency provisions of the Administrative Procedure Act [R.S. 49:953(B)] to amend the rules of the Scholarship/Grant programs (R.S. 17:3021-3025, R.S. 3041.10-3041.15, and R.S. 17:3042.1.1-3042.8, R.S. 17:3048.1, R.S. 56:797.D(2)).

The emergency rules are necessary to implement changes to the Scholarship/Grant programs to allow the Louisiana Office of Student Financial Assistance and state educational institutions to effectively administer these programs. A delay in promulgating rules would have an adverse impact on the financial welfare of the eligible students and the financial condition of their families resulting in students being unable to attend college and thereby depriving these students of a postsecondary education and weakening the state’s workforce. LASFAC has determined that these emergency rules are necessary to prevent imminent financial peril to the welfare of the affected students.

This declaration of emergency is effective December 6, 2005, and shall remain in effect for the maximum period allowed under the Administrative Procedure Act. (SG0669E)

 

 

Title 28
EDUCATION
Part IV. Student Financial Assistance- Higher
Education Scholarship and Grant Programs

...

Chapter 3. Definitions
§301. Definitions

...

Qualified Summer Session — those summer sessions (includes terms and semesters conducted during the summer) for which the student’s institution certifies that (1) the summer session is required in the student’s degree program for graduation and the student enrolled for at least the minimum number of hours required for the degree program for the session, or (2) the student can complete his program’s graduation requirements in the summer session, or (3) the course(s) taken during the summer session is required for graduation in the program in which the student is enrolled and is only offered during the summer session, or (4) the course(s) taken during the summer session is in a program for a vocational or technical education certificate or diploma or a non-academic undergraduate degree, or (5) for the summer of 2006 only, the student is a Displaced Student as identified in Section 2103.G.1 of these rules, whose TOPS award was not paid for one or more semesters during the 2005-2006 Academic Year.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.
HISTORICAL NOTE: Adopted by the Student Financial Assistance Commission, Office of Student Financial Assistance LR 22:338 (May 1996). Repromulgated LR 24:632 (April 1998), amended LR 24:1898 (October 1998), LR 24:2237 (December 1998), LR 25:256 (February 1999), LR 25:654 (April 1999), LR 25:1458 and 1460 (August 1999), LR 25:1794 (October 1999), LR 26:65 (January 2000), LR 26:688 (April 2000), LR 26:1262 (June 2000), LR 26:1601 (August 2000), LR 26:1993 and 1999 (September 2000), LR 26:2268 (October 2000), LR 26: 2752 (December 2000), LR 27:36 (January 2001), LR 27:284 (March 2001), LR 27:1219 (August 2001). Repromulgated LR 27:1842 and 1875 (November 2001). Amended LR 28:45 (January 2002), LR 28:446 (March 2002), LR 28:772 (April 2002), LR 28:2330 and 2331 (November 2002), LR 29:555 (April 2003), LR 29:879 (June 2003), LR 30:1159 (June 2004), LR 30:2015, (September 2004), LR 31:36 (January 2005).


...


Chapter 7. Tuition Opportunity Program for Students (TOPS) Opportunity; Performance and Honors Awards

...

§703. Establishing Eligibility

A. - I(8) …

J. Natural Disaster Initial Eligibility Requirements

1. To establish eligibility for a TOPS Opportunity, Performance or Honors Award, a Displaced Student graduating from high school or completing a BESE approved home study program at the twelfth grade level during the 2005-2006 Academic Year (High School) must meet all of the requirements of §703.A -I(8) above, except as follows:

a. A Displaced Student who has been certified by the principal or headmaster to have graduated during the 2005-2006 school year from an out-of-state high school that meets the criteria of an eligible out-of-state high school as provided in §1701.A.4 and 5 shall not be required to have for the respective awards a higher minimum composite score on the ACT or on the Scholastic Aptitude Test than required for a student who graduates from an eligible Louisiana high school provided such student has, for an Opportunity Award, a cumulative high school grade point average on all courses on the high school transcript of at least 2.50 calculated on a 4.00 scale or, for a Performance or Honors award, a cumulative high school grade point average on all courses on the high school transcript of at least 3.50 calculated on a 4.00 scale.
b. The requirement that a student who graduates from an eligible Louisiana high school during the 2005-2006 school year must have successfully completed the applicable core curriculum shall be waived for a Displaced Student based upon a sworn affidavit by the student's high school principal or headmaster or authorized designee that failure to comply with such requirement is due solely to the fact that the required course or courses were not available to the student at the school attended.
c. A Displaced Student shall be deemed to meet the Louisiana residency requirement if:

(1) Such dependent or independent student actually resided in Louisiana during his entire eleventh grade year of high school and was enrolled for such time in an eligible Louisiana high school or,
(2) Such dependent student has a parent or court-ordered custodian who actually resided in a parish listed in §703.J.2.a(3) below for at least the twelve months prior to August 26, 2005, or in a parish listed in §703.J.2.b(3) below for at least the twelve months prior to September 20, 2005.
(3) A dependent student graduated from an eligible out-of-state high school and his parent or court-ordered custodian was displaced as a resident from a parish listed in §703.J.2.a(3) below due to Hurricane Katrina and such parent or court-ordered custodian actually resided in Louisiana for at least the twelve months prior to August 26, 2005.
(4) A dependent student graduated from an eligible out-of-state high school and his parent or court-ordered custodian was displaced as a resident from a parish listed in §703.J.2.b(3) below due to Hurricane Rita and such parent or court-ordered custodian actually resided in Louisiana for at least the twelve months prior to September 20, 2005.

d. A Displaced Student who during the 2005-2006 Academic Year (High School) successfully completes at the twelfth grade level a home study program approved by the State Board of Elementary and Secondary Education shall not be required to have also completed the eleventh grade level of an approved home study course.

2. For the purposes of this subsection, “Displaced Student” means:

(a) A student who on August 26, 2005:

(1) Was enrolled in an eligible Louisiana high school as provided in §1701.A.1, 2 and 3, located in, or
(2) Was enrolled in a home study program approved by the State Board of Elementary and Secondary Education and actually residing in:
(3) Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Tammany, Tangipahoa, or Washington Parish.

(b) A student who on September 20, 2005:

(1) Was enrolled in an eligible Louisiana high school as provided in §1701.A.1, 2 and 3, located in, or
(2) Was enrolled in a home study program approved by the State Board of Elementary and Secondary Education and actually residing in:
(3) Acadia, Allen, Beauregard, Calcasieu, Cameron, Iberia, Jefferson Davis, St. Mary, Terrebonne, or Vermilion Parish.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.
HISTORICAL NOTE: Adopted by the Student Financial Assistance Commission, Office of Student Financial Assistance LR 17: 959 (October 1991), amended LR 22:338 (May 1996), LR 23:1648. Promulgated LR 24:632 (April 1998), amended LR 24:1898 (October 1998), LR 25:2237 (December 1998), LR 25:257 (February 1999), LR 25:655 (April 1999), LR 25:1794 (October 1999), LR 26:64, 67 (January 2000), LR 26:689 (April 2000), LR 26:1262 (June 2000), LR 26:1602, 1998 (August 2000), LR 26:1996, 2001 (September 2000), LR 26:2268 (October 2000), LR 26:2753 (December 2000), LR 27:36 (January 2001), LR 27:702 (May 2001), LR 27:1219, 1219 (August 2001), LR 27:1850 (November 2001), LR 28:772 (April 2002), LR 28:1760 (August 2002), LR 28:2330, 2332 (November 2002), LR 29:125 (February 2003), LR 29:1419 (August 2003), LR 29:1419 (August 2003), LR 29:1773 (September 2003) , LR 29:2265 (November 2003), LR 30: (September 2004).


§705. Maintaining Eligibility

A. - D. …

E. Natural Disaster Maintaining Eligibility Requirements

1. To continue receiving the TOPS Opportunity, Performance or Honors Awards, a Displaced Student must meet all of the criteria in §705.A. – D. above, except as follows:

a. The TOPS award of a Displaced Student who enrolls for the first-time as a full time student in an eligible out-of-state college or university during the 2005-2006 Academic Year (College) and subsequently enrolls at a Louisiana Eligible College or University shall not be reduced due enrollment in an eligible out-of-state institution during the 2005-2006 Academic Year (College).
b. The TOPS award of a Displaced Student who has been enrolled in a Louisiana Eligible College or University and who subsequently enrolls as a full time student in an eligible out-of-state institution during the 2005-2006 Academic Year (College) shall not be cancelled due to such out-of-state enrollment.
c. The TOPS award of a Displaced Student who has been enrolled in a Louisiana Eligible College or University and who subsequently enrolls as a full time student in an eligible out-of-state institution during the 2005-2006 Academic Year (College) shall not be reduced for those semesters or terms such displaced student was enrolled in an eligible out-of-state institution during the 2005-2006 Academic Year (College).
d. The period of suspension of a TOPS award for a Displaced Student due to the student not meeting a requirement to maintain a minimum grade point average or to make steady academic progress shall be extended on a one-for-one basis for each semester or term in which the student does not enroll on a full-time basis in an eligible college or university during the 2005-2006 Academic Year (College).

2. For the purposes of this subsection, “Displaced Student” means:

a. A student who on August 26, 2005:

(1) Was enrolled in one of the following institutions:

(a) Delgado Community College
(b) Dillard University
(c) Louisiana State University Health Sciences Center at New Orleans
(e) Louisiana Technical College: Jefferson, Sidney N. Collier, Slidell, Sullivan, and West Jefferson campuses
(f) Loyola University
(g) New Orleans Baptist Theological Seminary
(h) Nunez Community College
(i) Our Lady of Holy Cross College
(j) St. Joseph Seminary College
(k) Southern University at New Orleans
(l) Tulane University
(m) University of New Orleans
(n) Xavier University, OR

(2) Had a home of record in Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Tammany, Tangipahoa, or Washington Parish, OR

b. A student who on September 20, 2005:

(1) Was enrolled in one of the following institutions:

(a) McNeese State University OR
(b) Sowela Technical Community College OR

(2) Had a Home of Record in Acadia, Allen, Beauregard, Calcasieu, Cameron, Iberia, Jefferson Davis, St. Mary, Terrebonne, or Vermilion Parish.

3. For the purposes of this Subsection, "Home of Record" for a dependent student shall mean the domiciliary address of the student's parent or court-ordered custodian and for an independent student shall mean the domiciliary address of such student.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3025, and R.S. 17:3048.1.
HISTORICAL NOTE: Adopted by the Student Financial Assistance Commission, Office of Student Financial Assistance LR 17: 959 (October 1991), amended LR 22:338 (May 1996), LR 23:1648. Promulgated LR 24:637 (April 1998), amended LR 24:1904 (October 1998), LR 25:257 (February 1999); LR 25:656 (April 1999), LR 25:1091 (June 1999), LR 26:67 (January 2000), LR 26:688 (April 2000), LR 26, 1996, 2001 (September 2000), LR 27:1853 (November 2001), LR 28:447 (March 2002), LR 28:772 (April 2002), LR 28:2332 (November 2002), LR 29:2373 (November 2003), LR 30:781 (April 2004), LR 30:1163 (June 2004), LR 30:2019 (September 2004).


Chapter 8. TOPS-TECH Award

...

§803. Establishing Eligibility

A. 1.- 10. …

B. Natural Disaster Initial Eligibility Requirements

1. To establish eligibility for a TOPS Tech Award, a Displaced Student graduating from high school or completing a BESE approved home study program at the twelfth grade level during the 2005-2006 Academic Year (High School) must meet all of the requirements of §803.A. above, except as follows:

a. A Displaced Student who has been certified by the principal or headmaster to have graduated during the 2005-2006 school year from an out-of-state high school that meets the criteria of an eligible out-of-state high school as provided in §1701.A.4 and 5 shall not be required to have a higher minimum composite score on the ACT or on the Scholastic Aptitude Test than required for a student who graduates from an eligible Louisiana high school provided such student has a cumulative high school grade point average on all courses on the high school transcript of at least 2.50 calculated on a 4.00 scale.
b. The requirement that a student who graduates from an eligible Louisiana high school during the 2005-2006 school year must have successfully completed the applicable core curriculum shall be waived for a Displaced Student based upon a sworn affidavit by the student's high school principal or headmaster or authorized designee that failure to comply with such requirement is due solely to the fact that the required course or courses were not available to the student at the school attended.
c. A Displaced Student shall be deemed to meet the Louisiana residency requirement if:

(1) Such dependent or independent student actually resided in Louisiana during his entire eleventh grade year of high school and was enrolled for such time in an eligible Louisiana high school or,
(2) Such dependent student has a parent or court-ordered custodian who actually resided in a parish listed in §803.B.2.a(3) below for at least the twelve months prior to August 26, 2005, or in a parish listed in §803.B.2.b(3) below for at least the twelve months prior to September 20, 2005.
(3) A dependent student graduated from an eligible out-of-state high school and his parent or court-ordered custodian was displaced as a resident from a parish listed in §803.B.2.a(3) due to Hurricane Katrina and such parent or court-ordered custodian actually resided in Louisiana for at least the twelve months prior to August 26, 2005.
(4) A dependent student graduated from an eligible out-of-state high school and his parent or court-ordered custodian was displaced as a resident from a parish listed in §803.B.2.b(3) due to Hurricane Rita and such parent or court-ordered custodian actually resided in Louisiana for at least the twelve months prior to September 20, 2005.

d. A Displaced Student who during the 2005-2006 Academic Year (High School) successfully completes at the twelfth grade level a home study program approved by the State Board of Elementary and Secondary Education shall not be required to have also completed the eleventh grade level of an approved home study course.

2. For the purposes of this subsection, “Displaced Student” means:

a. A student who on August 26, 2005:

(1) Was enrolled in an eligible Louisiana high school as provided in §1701.A.1, 2 and 3, located in, or
(2) Was enrolled in a home study program approved by the State Board of Elementary and Secondary Education and actually residing in:
(3) Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Tammany, Tangipahoa, or Washington Parish.

b. A student who on September 20, 2005:

(1) Was enrolled in an eligible Louisiana high school as provided in §1701.A.1, 2 and 3, located in, or
(2) Was enrolled in a home study program approved by the State Board of Elementary and Secondary Education and actually residing in:
(3) Acadia, Allen, Beauregard, Calcasieu, Cameron, Iberia, Jefferson Davis, St. Mary, Terrebonne, or Vermilion Parish.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.
HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance LR 24:1898 (October 1998), amended LR 24:2237 (December 1998), LR 25:1795 (October 1999), LR 26:65, 67 (January 2000), LR 26:1602 (August 2000), LR 26:1997 (September 2000), LR 26:2269 (October 2000), LR 26:2752 (December 2000), LR 27:36 (January 2001), LR 27:1220 (August 2001), LR 27:1854 (November 2001), LR 28:447 (March 2002), LR 28:773 (April 2002), LR 28:2330 (November 2002), LR 29:554 (April 2003), LR 29:1419 (August 2003), LR 29:2265 (November 2003), LR 30: (September 2004).


§805. Maintaining Eligibility

A. – C. …

D. Natural Disaster Maintaining Eligibility Requirements

1. To continue receiving the TOPS Tech Award, a Displaced Student must meet all of the criteria in §805.A. – C. above, except as follows:

a. The TOPS Tech Award of a Displaced Student who has been enrolled in a Louisiana Eligible College or University and who subsequently enrolls as a full time student in an eligible out-of-state institution during the 2005-2006 Program Year (Non-academic Program) shall not be cancelled due to such out-of-state enrollment.
b. The TOPS Tech Award of a Displaced Student who has been enrolled in a Louisiana Eligible College or University and who subsequently enrolls as a full time student in an eligible out-of-state institution during the 2005-2006 Program Year (Non-academic Program) shall not be reduced for those semesters or terms such displaced student was enrolled in an eligible out-of-state institution during the 2005-2006 Program Year (Non-academic Program).
c. The period of suspension of a TOPS Tech Award for a Displaced Student due to the student not meeting a requirement to maintain a minimum grade point average or to make steady academic progress shall be extended on a one-for-one basis for each semester or other term in which the student does not enroll on a full-time basis in an eligible college or university during the 2005-2006 Program Year (Non-academic Program).
d. A TOPS Tech Award may be used by a Displaced Student during the 2005-2006 Academic Year (College) to enroll on a full-time basis in an academic program at a Louisiana Eligible College or University to take courses that contribute to the pursuit of a skill or occupation. In such case, the award amount shall be at the same as the Opportunity Award for that institution.

2. For the purposes of this subsection, “Displaced Student” means:

a. A student who on August 26, 2005:

(1) Was enrolled in one of the following institutions:

(a) Delgado Community College
(b) Dillard University
(c) Louisiana State University Health Sciences Center at New Orleans
(e) Louisiana Technical College: Jefferson, Sidney N. Collier, Slidell, Sullivan, and West Jefferson campuses
(f) Loyola University
(g) New Orleans Baptist Theological Seminary
(h) Nunez Community College
(i) Our Lady of Holy Cross College
(j) St. Joseph Seminary College
(k) Southern University at New Orleans
(l) Tulane University
(m) University of New Orleans
(n) Xavier University, OR

(2) Had a home of record in Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Tammany, Tangipahoa, or Washington Parish, OR

b. A student who on September 20, 2005:

(1) Was enrolled in one of the following institutions:

(a) McNeese State University OR
(b) Sowela Technical Community College OR

(2) Had a Home of Record in Acadia, Allen, Beauregard, Calcasieu, Cameron, Iberia, Jefferson Davis, St. Mary, Terrebonne, or Vermilion Parish.

3. For the purposes of this Subsection, "Home of Record" for a dependent student shall mean the domiciliary address of the student's parent or court-ordered custodian and for an independent student shall mean the domiciliary address of such student.


AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3025 and R.S. 17:3048.1.
HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 24:1905 (October 1998) LR 25:1091 (June 1999), LR 26:68 (January 2000), LR 26:689 (April 2000), LR 26:1997, 2002 (September 2000), LR 27:1856 (November 2001), LR 28:774 (April 2002), LR 28:2332 (November 2002), LR 29:880 (June 2003), LR 29:2373 (November 2003), LR 30:781 (April 2004), LR 30:1165 (June 2004), LR 30:2019 (September 2004).

 

George Badge Eldredge
General Counsel