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 approved an Emergency Rule at its meeting held on August 16, 2006 that changes the application deadline for initial eligibility for an award under the Tuition Opportunity Program for Students (TOPS).

Beginning with the graduating class of 2007, to receive TOPS funding for the academic year following graduation, the Free Application for Federal Student Aid (FAFSA) or TOPS On-Line Application must be received no later than July 1 immediately following high school graduation. Applicants whose applications are received after that date, but no later than July 1 following the first anniversary of the student’s high school graduation will be entitled to a full award (4 years) commencing the next academic year (examples follow in the text of the emergency rules). The 120-day penalty period provided in the TOPS statute will only apply to the final deadline, now defined as July 1 following the first anniversary of the student’s high school graduation.

This change accomplishes the following objectives:

· Eliminates the disparity that is created when an eligible high school graduate enrolls in college for the first time as a full time student during the academic year immediately following graduation but failed to submit a timely application for TOPS and is forever denied their award.
· Provides an incentive to file timely by tying the application receipt date to funding for the upcoming academic year.
· Reduces the number of retroactive payments during the award year, for those students whose initial applications were received during the first of two penalty periods that existed prior to this change.

The effects of these changes, as they apply to high school graduates of 2007, are summarized as follows:

1. The application must be received by 7-1-2007 for an award to be paid for Academic Year (AY) 2007-08.
2. If the application is received from 7-2-2007 through 7-1-2008, the student’s award will be paid beginning the AY 2008-09. If the student was enrolled First time, Full time (FTFT) in AY 2007-08, he must have met the requirements for continuing eligibility to receive the award.
3. If the application is received from 7-2-2008 through 10-29-2008, the student will be paid beginning AY 2008-09, but the award will be reduced by either 1 or 2 semesters. If the student was enrolled FTFT in AY 2007-08, he must have met the requirements for continuing eligibility to receive the award.
4. If the application is received after 10-29-2008, the student is ineligible for TOPS. (Essentially, any graduate who fails to apply after the 29th of October (or the next Monday) following the first anniversary of their graduation from high school, will be ineligible for TOPS).

Information regarding new status codes or other changes that may affect the TOPS Master Roster will be disseminated to financial aid administrators as soon as possible.

Other provisions of these rules will be retroactive to high school graduates of 2004, 2005, and 2006, as detailed in the attached rules and the summaries below. LOSFA has identified these applicants and will make the necessary adjustments to the TOPS Master Roster. Financial Aid Administrators will receive instructions from LOSFA regarding the submission of Academic Information Records and Payment Requests for affected students.

1. 2004 high school graduates:

a. Applications received from 7-2-2004 through 10-29-2004, the semesters of eligibility reduced by penalty will be restored to the student.
b. Applications received from 10-30-2004 through 7-1-2005 will be paid beginning fall 2005. If the student was enrolled FTFT during AY 2004-05, he must have met the requirements for continuing eligibility.
c. Applications received from 7-2-2005 through 10-31-2005 will be paid beginning fall 2005, reduced by either 1 or 2 semesters. If the student was enrolled FTFT during AY 2004-05, he must have met the requirements for continuing eligibility.
d. Applications received after 10-31-2005 are ineligible for TOPS.

2. 2005 high school graduates:

a. Applications received from 7-2-2005 through 10-31-2005, the semesters of eligibility reduced by penalty will be restored to the student.
b. Applications received from 11-1-2005 through 7-1-2006 will be paid beginning fall 2006. If the student was enrolled FTFT during AY 2005-06, he must have met the requirements for continuing eligibility.
c. Applications received from 7-2-2006 through 10-30-2006 will be paid beginning fall 2006, reduced by either 1 or 2 semesters. If the student was enrolled FTFT during AY 2005-06, he must have met the requirements for continuing eligibility.
d. Applications received after 10-30-2006 are ineligible for TOPS.

3. 2006 high school graduates:

a. Applications received from 7-2-2006 through 10-30-2006, the semesters of eligibility reduced by penalty will be restored to the student.
b. Applications received from 10-31-2006 through 7-1-2007 will be paid beginning fall 2007. If the student was enrolled FTFT during AY 2006-07, he must have met the requirements for continuing eligibility.
c. Applications received from 7-2-2007 through 10-29-2007 will be paid beginning fall 2007, reduced by either 1 or 2 semesters. If the student was enrolled FTFT during AY 2006-07, he must have met the requirements for continuing eligibility.
d. Applications received after 10-30-2007 are ineligible for TOPS.

For additional information, please contact Melanie Amrhein, Assistant Executive Director at mamrhein@osfa.state.la.us or George Eldredge, General Counsel at geldredge@osfa.state.la.us.

DECLARATION OF EMERGENCY

Student Financial Assistance Commission
Office of Student Financial Assistance

Scholarship/Grant Programs – Natural Disasters, Deferments

(LAC 28:IV.505)

The Louisiana Student Financial Assistance Commission (LASFAC) is exercising the emergency provisions of the Administrative Procedure Act [R.S. 49:953(B)] to amend and re-promulgate 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. LASFAC has determined that these emergency rules are necessary in order to prevent imminent financial peril to the welfare of the affected students.
This declaration of emergency is effective August 16, 2006, and shall remain in effect for the maximum period allowed under the Administrative Procedure Act. (SG0775E)

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

Chapter 5. Application; Application Deadlines, and Proof of Compliance
…

505. Application Deadlines for High School Graduates and Home Study Completers of 2004 and Later and Eligible Non-Graduates

A.1 - 3. …

B. Deadline For Payment For the Academic Year (College) Immediately Following High School Graduation

1. Beginning with the 2007-2008 Academic Year (College), to be determined eligible for payment of TOPS awards for the Academic Year (College) immediately following the Academic Year (High School) of high school graduation, students must submit the initial FAFSA or On-Line Application so that it is received no later than the July 1 immediately following the Academic Year (High School) of graduation.

2. Beginning with the 2007-2008 Academic Year (College), students will be eligible to receive the full benefits of a TOPS award as provided in §701.E beginning with the Academic Year (College) immediately after the student’s one year anniversary of high school graduation if their initial FAFSA or On-Line Application is received after the July 1 immediately following the Academic Year (High School) of high school graduation and no later than the final deadline set forth in Subsection C, below, and the student has met the requirements for continuing eligibility.

3. Examples:

a. A 2006-2007 Academic Year (High School) high school graduate, who enrolls in the fall semester of 2007, will be eligible to receive the full benefits of a TOPS award beginning the fall semester of 2007 if his initial FAFSA or On-Line Application is received on or before July 1, 2007.

b. A 2006-2007 Academic Year (High School) high school graduate, who enrolls during the 2007-2008 Academic Year, will be eligible to receive the full benefits of a TOPS award beginning the fall semester of 2008 if his initial FAFSA or On-Line Application is received after July 1, 2007 and no later than July 1, 2008, and if he has met the requirements for continuing eligibility.

C. Final Deadline for Full TOPS Award

1. a.Except as provided below, through the 2006-2007 Academic Year (College), in order to receive the full benefits of a TOPS award as provided in §701.E, the final deadline for receipt of a student’s initial FAFSA or the On-Line Application is July 1 immediately prior to the Academic Year (College) he first enrolls as a First-Time Freshman in an Eligible College or University.

b. Beginning with the 2007-2008 Academic Year (College), in order receive the full benefits of a TOPS award as provided in §701.E, the final deadline for receipt of a student’s initial FAFSA or On-Line Application is July 1 immediately prior to the Academic Year (College) immediately following the one year anniversary of high school graduation.

c. 1. Students who graduated from high school during the 2003-2004 Academic Year (High School) and enrolled as a First-Time Freshman in an Eligible College or University during the 2004-2005 Academic Year (College) are eligible to receive the full benefits of a TOPS award as provided in §701.E beginning:

(a) With the 2004-2005 Academic Year (College) if their initial FAFSA or On-Line Application was received no later than October 29, 2004.

(b) With the 2005-2006 Academic Year (College) if their initial FAFSA or On-Line Application was received after October 29, 2004, and no later than July 1, 2005, and, if the student enrolled as a full time student during the 2004-2005 Academic Year (College), the student has met the requirements for continuing eligibility.

2. Students who graduated from high school during the 2003-2004 Academic Year (High School) and enrolled as a First-Time Freshman in an Eligible College or University beginning the fall semester of 2005 are eligible to receive the full benefits of a TOPS award as provided in §701.E beginning the fall semester of 2005 if their initial FAFSA or On-Line Application was received no later than July 1, 2005.

3. Students who graduated from high school during the 2003-2004 Academic Year (High School) and enrolled as a First-Time Freshman in an Eligible College or University during either the 2004-2005 Academic Year (College) or fall semester of 2005 are eligible for a reduced TOPS award (See Subsection 505.D, below.) beginning with the fall semester of 2005, if their initial FAFSA or On-Line Application was received after July 1, 2005 and no later than October 31, 2005, and, if the student enrolled as a full time student during the 2004-2005 Academic Year (College), the student has met the requirements for continuing eligibility..

d. 1. Students who graduated from high school during the 2004-2005 Academic Year (High School) and enrolled as a First-Time Freshman in an Eligible College or University during the 2005-2006 Academic Year (College) will be eligible to receive the full benefits of a TOPS award as provided in §701.E beginning:

(a) With the 2005-2006 Academic Year (College) if their initial FAFSA or On-Line Application is received no later than October 31, 2005.

(b) With the 2006-2007 Academic Year (College) if their initial FAFSA or On-Line Application is received after October 31, 2005, and no later than July 1, 2006, and, if the student enrolled as a full time student during the 2005-2006 Academic Year (College), the student met the requirements for continuing eligibility.

2. Students who graduated from high school during the 2004-2005 Academic Year (High School) and enrolled as a First-Time Freshman in an Eligible College or University beginning the fall semester of 2006 are eligible to receive the full benefits of a TOPS award as provided in §701.E beginning the fall semester of 2006 if their initial FAFSA or On-Line Application was received no later than July 1, 2006.

3. Students who graduated from high school during the 2004-2005 Academic Year (High School) and enrolled as a First-Time Freshman in an Eligible College or University during either the 2005-2006 Academic Year (College) or fall semester of 2006 are eligible for a reduced TOPS award (See Subsection 505.D, below.) beginning with the fall semester of 2006, if their initial FAFSA or On-Line Application was received after July 1, 2006, and no later than October 30, 2006, and, if the student enrolled as a full time student during the 2005-2006 Academic Year (College), the student met the requirements for continuing eligibility.

e. 1. Students who graduate from high school during the 2005-2006 Academic Year (High School) and enroll as a First-Time Freshman in an Eligible College or University during the 2006-2007 Academic Year (College) will be eligible to receive the full benefits of a TOPS award as provided in §701.E beginning:

(a) With the 2006-2007 Academic Year (College) if their initial FAFSA or On-Line Application is received no later than October 30, 2006.

(b) With the 2007-2008 Academic Year (College) if their initial FAFSA or On-Line Application is received after October 30, 2006, and no later than July 1, 2007, and, if the student enrolled as a full time student during the 2006-2007 Academic Year (College), the student met the requirements for continuing eligibility.

2. Students who graduated from high school during the 2005-2006 Academic Year (High School) and enrolled as a First-Time Freshman in an Eligible College or University beginning the fall semester of 2007 are eligible to receive the full benefits of a TOPS award as provided in §701.E beginning the fall semester of 2007 if their initial FAFSA or On-Line Application was received no later than July 1, 2007.

3. Students who graduate from high school during the 2005-2006 Academic Year (High School) and enroll as a First-Time Freshman in an Eligible College or University during either the 2006-2007 Academic Year (College) or the fall semester of 2007 are eligible for a reduced TOPS award (See Subsection 505.D, below.) beginning with the fall semester of 2007, if their initial FAFSA or On-Line Application is received after July 1, 2007, and no later than October 29, 2007, and, if the student enrolled as a full time student during the 2006-2007 Academic Year (College), the student met the requirements for continuing eligibility.

2. Returning Students

a. Beginning with the 2002-2003 through the 2004-2005 Academic Year (College), in order for a Returning Student to receive the full benefits of a TOPS award as provided in §701.E, the final deadline for receipt of a student’s initial FAFSA or the On-Line Application is May 1 of the Academic Year (College) he first enrolls as a Full-Time Student in an Eligible College or University.

b. Beginning with the 2005-2006 Academic Year (College), in order for a Returning Student to receive the full benefits of a TOPS award as provided in §701.E, the final deadline for receipt of the student’s initial FAFSA or the On-Line Application is the July 1 immediately following the Academic Year (College) he first enrolls as a Full-Time Student in an Eligible College or University.

3. Examples:

i. A 2003-2004 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2004 or spring semester of 2005, will be eligible to receive the full benefits of a TOPS award beginning with the first semester of enrollment as a Full-Time Student if his initial FAFSA or On-Line Application is received no later than July 1, 2004.

ii. A 2003-2004 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2004 or spring semester of 2005, will be eligible for his full TOPS award beginning with the first semester of enrollment as a Full-Time Student if his initial FAFSA or On-Line Application is received after July 1, 2004, but on or before October 29, 2004.

iii. A 2003-2004 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2004 or spring semester of 2005, will be eligible for his full TOPS award beginning with the fall semester of 2005 if his initial FAFSA or On-Line Application is received after October 29, 2004, but on or before July 1, 2005, and if he has met the requirements for continuing eligibility.

iv. A 2003-2004 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2005, will be eligible to receive the full benefits of a TOPS award if his initial FAFSA or On-Line Application is received no later than July 1, 2005.

v. A 2003-2004 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2005, will be eligible for a reduced TOPS award (See Subsection 505.D, below.) beginning with the fall semester of 2005 if his initial FAFSA or On-Line Application is received after July 1, 2005, but on or before October 31, 2005.

vi. A 2003-2004 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2005, will not be eligible for a TOPS award if his initial FAFSA or On-Line Application is received after October 31, 2005.

vii. A 2004-2005 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2005 or spring semester of 2006, will be eligible to receive the full benefits of a TOPS award beginning with the first semester of enrollment as a Full-Time Student if his initial FAFSA or On-Line Application is no received later than July 1, 2005.

viii. A 2004-2005 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2005 or spring semester of 2005, will be eligible for his full TOPS award beginning with the first semester of enrollment as a Full-Time Student if his initial FAFSA or On-Line Application is received after July 1, 2005, but on or before October 31, 2005.

ix. A 2004-2005 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2005 or spring semester of 2006, will be eligible for his full TOPS award beginning with the fall semester of 2006 if his initial FAFSA or On-Line Application is received after October 31, 2005, but on or before July 1, 2006, and if he has met the requirements for continuing eligibility.

x. A 2004-2005 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2006, will be eligible to receive the full benefits of a TOPS award if his initial FAFSA or On-Line Application is received no later than July 1, 2006.

xi. A 2004-2005 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2006, will be eligible for a reduced TOPS award (See Subsection 505.D, below.) beginning with the fall semester of 2006 if his initial FAFSA or On-Line Application is received after July 1, 2006, but on or before October 30, 2006.

xii. A 2004-2005 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2006, will not be eligible for a TOPS award if his initial FAFSA or On-Line Application is received after October 30, 2006.

xiii. A 2005-2006 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2006 or spring semester of 2007, will be eligible to receive the full benefits of a TOPS award beginning with the first semester of enrollment as a Full-Time Student if his initial FAFSA or On-Line Application is received no later than July 1, 2006.

xiv. A 2005-2006 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2006 or spring semester of 2007, will be eligible for his full TOPS award beginning with the first semester of enrollment as a Full-Time Student if his initial FAFSA or On-Line Application is received after July 1, 2006, but on or before October 30, 2006.

xv. A 2005-2006 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2006 or spring semester of 2007, will be eligible for his full TOPS award beginning with the fall semester of 2007 if his initial FAFSA or On-Line Application is received after October 30, 2006, but on or before July 1, 2007, and if he has met the requirements for continuing eligibility.

xvi. A 2005-2006 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2007, will be eligible to receive the full benefits of a TOPS award if his initial FAFSA or On-Line Application is received no later than July 1, 2007.

xvii. A 2005-2006 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2007, will be eligible for a reduced TOPS award (See Subsection 505.D, below.) beginning with the fall semester of 2007 if his initial FAFSA or On-Line Application is received after July 1, 2007, but on or before October 29, 2007.

xviii. A 2005-2006 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2007, will not be eligible for a TOPS award if his initial FAFSA or On-Line Application is received after October 29, 2007.

xix. A 2006-2007 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2007 or spring semester of 2008, will be eligible to receive the full benefits of a TOPS award beginning with the first semester of enrollment as a Full-Time Student if his initial FAFSA or On-Line Application is received no later than July 1, 2007.

xx. A 2006-2007 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2007 or spring semester of 2008, will be eligible to receive his full TOPS award beginning with the fall semester of 2008 if his initial FAFSA or On-Line Application is received after July 1, 2007, but on or before July 1, 2008, and if he has met the requirements for continuing eligibility.

xxi. A 2006-2007 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2008, will be eligible to receive the full benefits of a TOPS award if his initial FAFSA or On-Line Application is received no later than July 1, 2008.

xxii. A 2006-2007 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2008, will be eligible for a reduced TOPS award (See Subsection 505.D, below.) beginning with the fall semester of 2008 if his initial FAFSA or On-Line Application is received after July 1, 2008, but on or before October 29, 2008.

xxiii. A 2006-2007 Academic Year (High School) high school graduate, who is a First-Time Freshman at an Eligible College or University in the fall semester of 2008, will not be eligible for a TOPS award if his initial FAFSA or On-Line Application is received after October 29, 2008.

xxiv. A student, who enrolls for the first time as a full time student at an accredited out-of-state college and subsequently returns to Louisiana and enrolls as a Full-Time Student in an eligible college or university for the fall semester of 2006, will be eligible for his TOPS award beginning with the fall semester of 2007 if his initial FAFSA or the On-Line Application is received no later than July 1, 2007.

C.4. - 5. …

D. Final Deadlines For Reduced Awards

1. If an application for an initial award under this Chapter is received after the final deadline provided in §503.C above, but not later than sixty days after that deadline, the time period of eligibility for the award shall be reduced by one semester, two quarters, or an equivalent number of units at an eligible institution which operates on a schedule based on units other than semesters or quarters.

2. If an application for an initial award under this Chapter is received more than sixty days after the final deadline provided in §503.C above, but not later than one hundred twenty days after that deadline, the time period of eligibility for the award shall be reduced by two semesters or three quarters, or an equivalent number of units at an eligible institution which operates on a schedule based on units other than semesters or quarters.

D.1 - G. …

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), repromulgated LR 24:635 (April 1998), amended LR 24:1901 (October 1998), repromulgated LR 27:1847 (November 2001), amended LR 30:2017 (September 2004), LR 31:37 (January 2005).

George Badge Eldredge
General Counsel