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

The Executive Committee of the Louisiana Student Financial Assistance Commission (LASFAC) adopted emergency rules at its September 28, 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 – Hurricane Katrina Exceptions, Deferments

(LAC 28:IV.2103, 2105)

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 September 28, 2005, and shall remain in effect for the maximum period allowed under the Administrative Procedure Act. (SG0665E)

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

...

Chapter 21. Miscellaneous Provisions and Exceptions
§2103. Circumstances Warranting Exception to the Initial and Continuous Enrollment Requirements

A. – F. …

G. Hurricane Katrina Exceptions

1. For the purposes of this subsection, “Displaced Students” are TOPS recipients and students eligible for TOPS whose Home of Record is in one of the Louisiana Parishes Affected by Hurricane Katrina or who were enrolled at one of the following Eligible College or University campuses on August 26, 2005:

a. University of New Orleans
b. Dillard University
c. Delgado Community College
d. Nunez Community College
e. Louisiana State University Health Sciences Center at New Orleans
f. Southern University at New Orleans
g. Loyola University
h. New Orleans Baptist Theological Seminary
i. Our Lady of Holy Cross College
j. Tulane University
k. Xavier University
l. St. Josephs Seminary College
m. Louisiana Technical College, Jefferson Campus
n. Louisiana Technical College, Sidney N. Collier Campus
o. Louisiana Technical College, Slidell Campus
p. Louisiana Technical College, Sullivan Campus
q. Louisiana Technical College, West Jefferson Campus

2. For the purposes of this subsection, “Home of Record” is:

a. The domiciliary address of a Dependent Student’s parent or Court Ordered Custodian, or
b. The domiciliary address of an Independent Student.

3. For the purposes of this subsection, “Louisiana Parishes Affected by Hurricane Katrina” are as follows:

a. Jefferson
b. Lafourche
c. Orleans
d. Plaquemine
e. St. Bernard
f. St. Tammany
g. Tangipahoa
h. Washington

4.     a. For the 2005-2006 Academic Year (College), Displaced Students are not required to enroll as full time students, to maintain continuous enrollment or to earn at least 24 hours during the 2005-2006 Academic Year (College).
        b. Displaced Students may enroll on a part-time basis in an Eligible College or University without losing TOPS eligibility. Upon request by the student, the Eligible College or University may bill for these part-time students.
        c. The terms of eligibility for a Displaced Student whose part-time enrollment is paid by TOPS will be reduced by one full semester (term) for each semester (term) (part or full-time) paid.
        d. Institutions must document the Displaced Student’s request for part-time payment of the award.
        e. If a Displaced Student enrolls in an Eligible College or University during the 2005-2006 Academic Year (College) and receives grades, those grades will be included in calculating the student’s cumulative grade point average.

5.     a. For the 2005-2006 Academic Year (College), students who are not Displaced Students, but due to the effects of Hurricane Katrina were unable to enroll for the first time as full time students by the deadline or to enroll as full time students or to maintain continuous enrollment or to earn at least 24 hours during the Academic Year (College), may submit a request for an exception in accordance with §2103.D, based on one of the circumstances listed in §2103.E, or in accordance with the following procedures for the circumstances described in this subsection:

(1) The student should file the application for exception as soon as it is known that the student will not meet one or more of the continuing eligibility requirements to ensure the earliest reinstatement of the award. The student must submit the application for exception no later than six months after the date of the notice of cancellation. The deadline for filing the exception shall be prominently displayed on the notice of cancellation. If the applicant for an exception is a Dependent Student, a parent or Court Ordered Custodian of the Dependent Student may submit the application for exception on behalf of the applicant.

(2) If determined eligible for an exception, the recipient will be reinstated if he or she enrolls in the first fall, winter or spring semester or term immediately following the exception ending date.

Hurricane Katrina Exception (For Other Than Displaced Students)

(1) Definition. The effects of Hurricane Katrina prevented the student/recipient from enrolling as a full time student or continuing enrollment or earning 24 hours during the 2005-2006 Academic Year (College).

(2) Certification Requirements. The student/recipient must submit:

(a) A completed exception request form, and
(b) A written statement detailing Hurricane Katrina’s impact on the student and/or the student’s immediate family (mother, father, custodian, siblings and/or spouse and children), which prevented the student from meeting the continuation requirements, including the length of the impact; and
(c) Documentation corroborating the student’s statement (examples: photographs of damage; insurance, FEMA, fire and/or police reports; statements from public officials; statements from family members or other persons with actual knowledge; receipts and invoices for work done and materials purchased).

(3) Maximum Length of Exception. Up to two consecutive semesters (three consecutive quarters).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, 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 22:338 (May 1996), amended LR 23:1648 (December 1997), repromulgated LR 24:647 (April 1998), amended LR 24:1916 (October 1998), LR 26:1015 (May 2000), LR 26:2002 (September 2000), LR 27:36 (January 2001), repromulgated LR 27:1866 (November 2001), amended LR 27:1875 (November 2001), LR 28:46 (January 2002), LR 28:449 (March 2002), LR 28:775 (April 2002), LR 28:2330 and 2333 (November 2002), LR 29:126 (February 2003), LR 29:2373 (November 2003), LR 29:2373 (November 2003), LR 30:785 (April 2004), LR 30:1167 (June 2004), LR 31:1060 (May 2005).

§2105. Repayment Obligation, Deferment and Cancellation

A. – B.8.b. …

9. Hurricane Katrina Deferments

a. For the purposes of this subsection, “Displaced Students” are recipients of the Rockefeller State Wildlife Scholarship or TOPS Teacher Award who are in repayment status and whose Home of Record is in the Louisiana Parishes Affected by Hurricane Katrina.
b. For the purposes of this subsection, “Home of Record” is:

(1) The domiciliary address of a Dependent Student’s parent or Court Ordered Custodian, or
(2) The domiciliary address of an Independent Student.

c. For the purposes of this subsection, “Louisiana Parishes Affected by Hurricane Katrina” are as follows:

(1) Jefferson
(2) Lafourche
(3) Orleans
(4) Plaquemine
(5) St. Bernard
(6) St. Tammany
(7) Tangipahoa
(8) Washington

d. The loan payments for Displaced Students are deferred and accrual of interest is suspended from August 26, 2005 through August 31, 2006.

e. For the period of August 26, 2005, through August 31, 2006, recipients of the Rockefeller State Wildlife Scholarship or TOPS Teacher Award who are in repayment status and who are not Displaced Students, but who are unable to repay their loan during the Academic Year (College) due to the effects of Hurricane Katrina, may submit a request for deferment of payments and suspension of accrual of interest in accordance with §2105.D, based on one of the circumstances listed in §2103.B.1 through 8 or the following circumstance:

(1) The effects of Hurricane Katrina prevented the student/recipient from making payments during the period of August 26, 2005, through August 31, 2006.
(2) Certification Requirements. The student/recipient must submit:

(a) A completed exception request form, and
(b) A written statement detailing Hurricane Katrina’s impact on the student and/or the student’s immediate family (mother, father, custodian, siblings and/or spouse and children), which prevented the student from meeting the repayment requirements, including the length of the impact; and
(c) Documentation corroborating the student’s statement (examples: photographs of damage; insurance, FEMA, fire and/or police reports; statements from public officials; statements from family members or other persons with actual knowledge; receipts and invoices for work done and materials purchased).

(3) Maximum Length of Exception. Through August 31, 2006.

C. – H.2. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, 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 24:649 (April 1998), amended LR 24:1918 (October 1998), LR 26:1603 (August 2000), repromulgated LR 27:1868 (November 2001), amended LR 28:775 (April 2002), LR 30:781 (April 2004), LR 30:1167 (June 2004), LR 30:1168 (June 2004).

George Badge Eldredge
General Counsel