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

The Louisiana Student Financial Assistance Commission revised the Scholarship and Grant Rules at its July 17, 2003 meeting. These rules were adopted to provide definitions where necessary, and procedures to enable implementation of the new Acts. Each of the new Acts were described in the Student Financial Aid Bulletin dated July 18, 2003. Detailed bulletins with procedural instructions will follow as developed.

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 language underlined and stricken language struck out, follow:

Student Financial Assistance Commission
Office of Student Financial Assistance

Higher Education Scholarship and Grant Programs
[includes Tuition Opportunity Program for Students
(TOPS)] (LAC 28:IV.Chapters 1-23)

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

Chapter 3. Definitions
§301. Definitions

Where the masculine is used, in these rules, it includes the feminine, and vice versa; where the singular is used, it includes the plural, and vice versa.

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  Award Amount - an amount equal to Tuition at the school attended, for those students attending a Louisiana public college or university, as determined by the commission Commission, which may be used by the student to pay any educational expense included in that student's "Cost of Attendance." The amount paid for TOPS and TOPS-Tech Awards shall be as follows:

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g.  For students with the TOPS Opportunity, Performance, and Honors Award enrolled in a Louisiana professional school, the amount shall be equal to the tuition charged or the tuition charged a student pursuing a baccalaureate degree at the highest cost public school, whichever is less or the Weighted Average Award Amount, depending upon whether the Louisiana professional school is a public or private school.
h.  For students with the TOPS Opportunity, Performance and Honors Award enrolled in a Louisiana graduate degree program, the amount shall be equal to the tuition or the tuition charged for a student while pursuing a baccalaureate degree at the highest cost public school in the state, whichever is less.

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Court Ordered Custodian - an adult appointed by a court of competent jurisdiction to have custody and care of a minor, and who demonstrates the requirement to provide the primary support for such minor.

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Dependent Student - a student who is dependent on his or her parents legal guardian for support and therefore is required to include parental information on the Free Application for Federal Student Aid (FAFSA) or renewal FAFSA.

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Eligible Noncitizen - an individual who can provide documentation from the Immigration and Naturalization Service (INS) Bureau of Citizenship and Immigration Services (BCIS) that he is in the U.S. for other than a temporary purpose with the intention of becoming a citizen or permanent resident. Including, including, but not limited to, refugees, persons granted asylum, Cuban-Haitian entrants, temporary residents under the recent Immigration Reform and Control Act of 1986, and others. A permanent resident of the U.S. United States must provide documentation from the INS BCIS to verify permanent residency. For 1997, 1998 and 1999 high school graduates, an Eligible Noncitizen shall be treated as meeting the citizenship requirements for an award under this Part.

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Full-Time Student -

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e.  a workload of at least 30 clock hours per week is the full-time equivalent at a technical college;
f.   e.  a student enrolled in two or more institutions of higher education when such multiple enrollment is necessary for the student to gain access to the courses required for completion of the degree in the chosen discipline and where the total number of hours earned at all institutions during the academic year is the equivalent of carrying a full-time academic workload as determined by the institution which will award the degree.
g.  f.  correspondence courses may not be used to establish full time status.

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Honors Curriculum Courses - Any course designated by the respective school district as advanced placement, honors or gifted.

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Legal Guardian - an adult appointed by a court of competent jurisdiction to have custody and care of a minor, and who demonstrates the requirement to provide the primary support for such minor. Also referred to as a court ordered custodian.

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Louisiana Resident -

a. any independent student or any dependent student with at least one parent or court ordered custodian who has resided in the state for a minimum of 24 consecutive months immediately preceding the month of high school graduation or the month of May in the Academic Year (High School) that a student completes a home study program or some other period of residency which is required to qualify the person for a specific program administered by the LASFAC. To qualify for a program under Part IV of these rules, in addition to the certification of residency found on the application form, the administering agency may require an independent student applicant or the parent(s) or legal guardian Court Ordered Custodian of a dependent student applicant to show proof of residency. Residency may be established by completion of a standard affidavit developed by the administering agency. Such affidavits must be completed in their entirety by the independent student applicant or by at least one parent or legal guardian Court Ordered Custodian of the dependent student applicant and be sworn to and notarized by a licensed notary public. Further, the affiant shall be required to submit records in support of the affidavit to include the following records and such other records as may be required by the administering agency:

i. if registered to vote, a Louisiana voters registration card; and
ii. if licensed to drive a motor vehicle, a Louisiana driver's license; and
iii. if owning a motor vehicle located in Louisiana, a Louisiana registration for that vehicle; and
iv. if earning a reportable income, a Louisiana tax return.

b. any member of the Armed Forces on active duty who is a resident of whose official state of legal residence is Louisiana as demonstrated by the member's DD Form 2058 validated by the member's military personnel officer or other documentary proof , whose official military personnel or pay records show that the member claims Louisiana as his home of record, and who has filed a Louisiana tax return for the most recent two years in compliance with a.iv, above.

c. any member of the Armed Forces who is stationed in Louisiana under permanent change of station orders and who, not later than sixty one hundred eighty days after reporting to such station, changes his military DD Form 2058 to reflect Louisiana as his state of legal residence, and complies with all Louisiana income tax laws and regulations while stationed in Louisiana. A copy of a completed residency affidavit, a copy of the Permanent Change of Station (PCS) Orders, and a DD Form 2058 validated by the member's military personnel officer and showing Louisiana as the member's state of legal residence, must be submitted to the Louisiana Office of Student Financial Assistance (LOSFA) at the time the service member's dependent applies for TOPS. The DD Form 2058 must reflect that it was filed within sixty one hundred eighty days after the member reported to duty at a duty station in Louisiana.

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e. effective for high school graduates beginning with Academic Year (High School) 2002-2003, any independent or dependent student who actually resides in Louisiana during his last two full years of high school. In order to qualify pursuant to this subsection, the student's high school transcript must reflect that the student earned credit for the last four semesters of high school immediately prior to graduation and graduated from an approved Louisiana high school.

f. effective for high school graduates beginning with Academic Year (High School) 2000-2001, any dependent student who actually resided in Louisiana during his last two full years of high school and whose parent is a member of the United States Armed Forces living in Louisiana under permanent change of station orders, but who does not claim Louisiana as his official state of legal residence. In order to qualify pursuant to this subsection, the student's high school transcript must reflect that the student earned credit for the last four semesters of high school immediately prior to graduation and graduated from an approved Louisiana high school.

g. effective for high school graduates beginning with Academic Year (High School) 2001-2002, any dependent student who was continuously enrolled in a Louisiana public high school or nonpublic high school that is approved by BESE during his last two full years of high school whose parent or court ordered custodian:

i is a resident of a state that adjoins Louisiana, and
ii actually resides in a municipality having geographical boundaries that include a portion of Louisiana, and
iii has filed a Louisiana state income tax return and has complied with state income tax laws and regulations, or
iv. is assessed ad valorem taxes on property owned in Louisiana. In order to qualify pursuant to this subsection, the student's high school transcript must reflect that the student earned credit for the last four semesters of high school immediately prior to graduation and graduated from an approved Louisiana high school.

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Orphan - a person who does not live with either parent because the parent(s) is/are dead or has/have abandoned him or the parental rights of the parent(s) has/have been severed by competent authority.

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Returning Student - a student who graduated from high school beginning with Academic Year (High School) 2001-2002, met all the requirements for a TOPS Award and was notified of his TOPS eligibility by LOSFA, but who enrolled for the first time as a full time student no later than the deadline established in §703.A.4 in an out-of-state postsecondary institution accredited by a regional accrediting organization recognized by the United States Department of Education and, thereafter, returns to Louisiana and enrolls as a full time student in an Eligible College or University.

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TOPS Cumulative High School Grade Point Average - Effective for high school graduates beginning with Academic Year (High School) 2002-2003, the grade point average calculated by LOSFA including only the grades achieved in those courses that were used to satisfy core curriculum requirements. In the event a student has received credit for more than 16.5 hours of courses that are included in the core curriculum, the TOPS Cumulative High School Grade Point Average shall be calculated by using the course in each core curriculum category for which the student received the highest grade. For example, if a student has taken more than one Advanced Mathematics course, the Cumulative Grade Point Average shall be determined by using only the course in which the student has received the highest grade.

Effective for high school graduates beginning with Academic Year (High School) 2002-2003, the grade point average for students qualifying for a Performance Award using a minimum ACT score of 24 and a minimum grade point average of 3.00 must include at least ten (10) Units of Honors Curriculum Courses. (See § 703.A.5.f.ii.)

Effective for high school graduates beginning with Academic Year (High School) 2007-2008, the grade point average shall be calculated on 17.5 hours of courses that are included in the core curriculum.

For those high schools that utilize other than a 4.00 scale, all grade values shall be converted to a 4.00 scale utilizing the following formula:

For example, if a school's awarding school awards a maximum of 5 points for honors courses, the school must use the following formula shall be used to convert the an honors course grade of "C": as shown in the following example.

By cross multiplying, 5X = 12; X = 2.40

Quality points = Credit for course multiplied by the value assigned to the letter grade.

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Chapter 5. Application; Application Deadlines and Proof of Compliance

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§507. Final Deadline for Submitting Documentation of Eligibility

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C. 1. Returning Students, who graduated high school prior to or during the 2002-2003 Academic Year (High School) must apply for reinstatement no later than May 1, 2004.

    2. Returning Students who graduate during the 2003-2004 Academic Year (High School) or later must apply for reinstatement no later than May 1 of the Academic Year (College) the student seeks reinstatement. For example, a student who graduates in May 2004 and seeks to return to an Eligible College or University for the spring semester of 2005 must submit his application for reinstatement no later than May 1, 2005.

D. 1. A student who successfully completed an undergraduate degree prior to or during the 2001-2002 Academic Year (College) and wishes to receive his remaining award eligibility to attend a graduate or professional school must provide the documentation and certifications required to establish student eligibility no later than May 1, 2004.

    2. A student who successfully completes an undergraduate degree during the 2002-2003 Academic Year (College) or later and wishes to receive his remaining award eligibility to attend a graduate or professional school must provide the documentation and certifications required to establish student eligibility no later than May 1 of the Academic Year (College) the student seeks to receive his remaining award eligibility. For example, to receive the remaining award for the 2003-2004 Academic Year (College), the student must submit the required documents no later than May 1, 2004.

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§509. ACT Testing Deadline

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C. Final ACT Testing Deadline for Reduced Awards

1. a. Beginning with awards made to applicants graduating in Academic Year (High School) 2000 thereafter through 2003, if an applicant does not achieve a qualifying score on the ACT or on the Scholastic Aptitude Test SAT for the TOPS Opportunity Award by the April national ACT test date in the year of the applicant's high school graduation, then the applicant's first qualifying score for any TOPS Award obtained on an authorized testing date after the April national ACT test date in the year of the applicant's high school graduation but prior to July 1 of the year of such graduation will be accepted. However, when granting an award to an applicant whose qualifying test score is obtained on an authorized testing date after the date of the applicant's high school graduation but prior to July 1 of the year of such graduation, the applicant's 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. Except for an applicant who has qualified for a TOPS-Tech Award on or prior to the April national ACT test date, an applicant will not be allowed to use a test score obtained after the April national ACT test date to upgrade a TOPS Award.
   b. Beginning with awards made to applicants graduating in Academic Year (High School) 2004, if an applicant does not achieve a qualifying score on the ACT or on the SAT for the TOPS Opportunity Award by the April national ACT test date in the year of the applicant's high school graduation, then the applicant's first qualifying score for any TOPS Award obtained on an authorized testing date after the April national ACT test date in the year of the applicant's high school graduation but prior to July 1 of the year of such graduation will be accepted. However, when granting an award to an applicant whose qualifying test score is obtained on an authorized testing date after the April national ACT test date in the year of the applicant's high school graduation but prior to July 1 of the year of such graduation, the applicant's 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. Except for an applicant who has qualified for a TOPS-Tech Award on or prior to the April national ACT test date, an applicant will not be allowed to use a test score obtained after the April national ACT test date to upgrade a TOPS Award.
   c. For the purpose of the Subsection, the "April national ACT test date" shall be defined as the month of April.

2. Students, who fail to achieve an ACT or SAT qualifying score by prior to July 1st after of the year of high school graduation, shall not be considered for an award.

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Chapter 7. Tuition Opportunity Program for Students (TOPS) Opportunity, Performance, and Honors Awards
§701. General Provisions

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E. Award Amounts. The specific award amounts for each component of TOPS are as follows:

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12. A student who successfully completes an undergraduate degree without having exhausted his period of award eligibility shall receive an award for the remainder of his eligibility if he enrolls in graduate or professional school at an Eligible College or University no later than the fall semester following the student's completion of an undergraduate degree and has met the requirements for continued eligibility set forth in §705.A.6. The remaining eligibility may not be used to pursue a second undergraduate degree.

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§703. Establishing Eligibility

A. To establish eligibility for a TOPS Opportunity, Performance or Honors Award, the student applicant must meet all of the following criteria:

1. a. for students graduating in Academic Year (High School)2001-2002 and prior, be a U. S. United States citizen, provided however, that a student who is not a citizen of the United States but who is eligible to apply for such citizenship shall be deemed to satisfy the citizenship requirement, if within sixty (60) days after the date the student attains the age of majority, the student applies to become a citizen of the United States and obtains such citizenship within one year after the date of the application for citizenship. Those students who are eligible for U. S. citizenship and who otherwise qualify for a TOPS award, will continue to satisfy the citizenship requirements for a TOPS award for one year after the date of the student's application for citizenship, at which time, if the student has not provided proof of U.S. citizenship to the Office of Student Financial Assistance, the student's TOPS award will be suspended until such time as proof of citizenship is provided and canceled if such proof is not provided by May 1 of the following Academic Year (College). Students cancelled solely due to their failure to become a United States citizen within one year after the date of application shall be reinstated to their award if they are a United States citizen or a permanent resident as defined by the Bureau of Citizenship and Immigration Services and were eligible to apply for United States citizenship when cancelled and have met the requirements for maintaining eligibility for the award.
    b. for students graduating in Academic Year (High School) 2002-2003 and thereafter, be a United States citizen or be a permanent resident as defined by the Bureau of Citizenship and Immigration Services and be eligible to apply for United States citizenship.

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5. a. graduate from an eligible public or nonpublic Louisiana high school or non-Louisiana high school defined in §1701.A.1, 2, or 3; and

i. (aa) For students graduating in Academic Year (High School) 2006-2007 and prior, at the time of high school graduation, an applicant must have successfully completed 16.5 units of high school course work documented on the student's official transcript as approved by the Louisiana Department of Education constituting a core curriculum as follows:

Units	Course
1	English I
1	English II
1	English III
1	English IV
1	Algebra I (one unit) or Applied Algebra 1A and 1B (two units)
1	Algebra II
1	Geometry, Trigonometry, Calculus or comparable Advanced Mathematics
1	Biology
1	Chemistry
1	Earth Science, Environmental Science, Physical Science, Biology II, Chemistry II, Physics, Physics II, or Physics for Technology
1	American History
1	World History, Western Civilization or World Geography
1	Civics and Free Enterprise (one unit combined) or Civics (one unit, nonpublic)
1	Fine Arts Survey; (or substitute two units performance courses in music, dance, or theater; or two units of studio art or visual art; or one elective from among the other subjects listed in this core curriculum)
2	Foreign Language, both units in the same language
½	Computer Science, Computer Literacy or Business Computer Applications (or substitute at least one-half unit of an elective course related to computers that is approved by the State Board of Elementary and Secondary Education (BESE); or substitute at least one-half unit of an elective from among the other subjects listed in this core curriculum); BESE has approved the following courses as computer related for purposes of satisfying the ½ unit computer science requirement for all schools (courses approved by BESE for individual schools are not included): Computer /Technology Applications (1 credit) Computer Architecture (1 credit) Computer/Technology Literacy (½ credit) Computer Science I (1 credit) Computer Science II (1 credit) Computer Systems and Networking I (1 credit) Computer Systems and Networking II (1 credit) Desktop Publishing (½ credit) Digital Graphics & Animation (½ credit) Multimedia Productions (1 credit) Web Mastering (½ credit) Independent Study in Technology applications (1 credit)

  (bb) Beginning with the graduates of Academic Year (High School) 2007-2008, at the time of high school graduation, an applicant must have successfully completed 17.5 units of high school course work that constitutes a core curriculum and is documented on the student's official transcript as approved by the Louisiana Department of Education:

Units	Course
1	English I
1	English II
1	English III
1	English IV
1	Algebra I (one unit) or Applied Algebra 1A and 1B (two units)
1	Algebra II
1	Geometry, Trigonometry, Calculus or comparable Advanced Mathematics
1	Biology
1	Chemistry
1	Earth Science, Environmental Science, Physical Science, Biology II, Chemistry II, Physics, Physics II, or Physics for Technology
1	American History
1	World History, Western Civilization or World Geography
1	Civics and Free Enterprise (one unit combined) or Civics (one unit, nonpublic)
1	Fine Arts Survey; (or substitute two units performance courses in music, dance, or theater; or two units of studio art or visual art; or one elective from among the other subjects listed in this core curriculum)
2	Foreign Language, both units in the same language
1½	Computer Science, Computer Literacy or Business Computer Applications (or substitute at least one and one-half units of an elective course related to computers that is approved by the State Board of Elementary and Secondary Education (BESE). BESE has approved the following courses as computer related for purposes of satisfying the 1½ unit computer science requirement for all schools (courses approved by BESE for individual schools are not included): Computer /Technology Applications (1 credit) Computer Architecture (1 credit) Computer/Technology Literacy (½ credit) Computer Science I (1 credit) Computer Science II (1 credit) Computer Systems and Networking I (1 credit) Computer Systems and Networking II (1 credit) Desktop Publishing (½ credit) Digital Graphics & Animation (½ credit) Multimedia Productions (1 credit) Web Mastering (½ credit) Independent Study in Technology applications (1 credit)

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f.   i. for students graduating in Academic Years (High School) 2000-2001 and 2001-2002, successfully complete a minimum of ten units in honors curriculum courses honors courses graded on a 5.00 scale at and graduate from an eligible public or nonpublic Louisiana high school or non-Louisiana high school defined in §1701.A.1, 2, or 3. and have completed the core curriculum defined in §703.A.5.a.i.; and

    ii. for students graduating Academic Year (High School) 2002-2003 through 2005-2006, successfully complete a minimum of ten units in Honors Curriculum Courses used to satisfy the core curriculum requirement and graded on a 4.00 or higher scale and graduate from an eligible public or nonpublic Louisiana high school or non-Louisiana high school defined in §1701.A.1, 2, or 3. and have completed the core curriculum defined in §703.A.5.a.i., and

6. Have achieved an ACT Score, as defined in §301 of at least:

a. if qualifying under the terms of §703.A.5.a or b;

i. the state's reported prior year ACT composite average, rounded, but never less than 19 20 for the Opportunity Award; or
ii. a 23 for the Performance Award; or
iii. a 27 for the Honors Award; or

b. if qualifying under §703.A.5.c or d;

i. the state's reported prior year average plus 3 points, rounded, but never less than 22 23 for the Opportunity Award; or
ii. a 26 for the Performance Award; or
iii. a 30 for the Honors Award; and

c. if qualifying under §703.A.5.e; which is limited to the Opportunity Award only; the state's reported prior year average plus 3 points, rounded, but never less than 22 23;

d. if qualifying under §703.A.5.f; which is limited to the Performance Award only; a 24; and

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B. Students qualifying:

1. under §703.A.5.a and b, must have attained a cumulative high school grade point average, based on a 4.00 maximum scale, of at least:

a. a 2.50 for the Opportunity Award; or
b. a 3.50 for the Performance or Honors Awards.

2. under §703.A.5.f and graduating in Academic Year (High School) 2000-2001, 2001-2002, 2002-2003 through 2005-2006 school years, must have attained a TOPS Cumulative High School Grade Point Average, based on a 4.00 maximum scale, of at least a 3.00 for the Performance Award.

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H. Returning Students

1. A Returning Student, as defined in §301, is eligible for a TOPS Award if:

a. he submits a request for reinstatement that includes:

i. the name of the Louisiana school in which he has enrolled or will enroll and
ii. his official transcripts from all out-of-state colleges and universities attended, and

b. he met all the requirements to maintain his award that would have been applicable had the student enrolled in an Eligible College or University during the time the student was enrolled in an out-of state college or university and

c. he enrolled in an Eligible College or University no later then the next semester or term, excluding summer sessions and intersessions, immediately following the last semester he was enrolled in the out-of state college or university.

2. A Returning Student who fails to enroll by the deadline established in §703.A.4, or to maintain full time enrollment or to earn 24 hours during an Academic Year (College) while enrolled in an out-of-state college or university, shall not be eligible for a TOPS Award unless granted an exception in accordance with §2103.

3. The period of eligibility of a Returning Student shall be reduced by each semester or term the student was enrolled in an out-of state college or university.

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§705. Maintaining Eligibility

A. To continue receiving the TOPS Opportunity, Performance or Honors Awards, the recipient must meet all of the following criteria:

1. have received less than four years or eight semesters of TOPS Award funds, , except as provided in §701.E.1.b, §701.E.2.b and §701.E.3.b, provided that each two terms or equivalent units of enrollment in a program for a vocational or technical education certificate or diploma or a non-academic undergraduate degree shall be the equivalent of a semester; and

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5. continue to enroll and accept the TOPS award as a full-time undergraduate student, professional or graduate student in an Eligible College or University defined in §301, and maintain an enrolled status throughout the academic term, unless granted an exception for cause by LASFAC; and

6. Minimum Academic Progress:

a. in an academic undergraduate program at an Eligible College or University, by the end of each Academic Year (College), earn a total of at least 24 college credit hours as determined by totaling the earned hours reported by the institution for each semester or quarter in the Academic Year (College). These hours shall include remedial course work required by the institution, but shall not include hours earned during Qualified Summer Sessions, summer sessions nor intersessions nor by advanced placement course credits. Unless granted an exception for cause by LASFAC, failure to earn the required number of hours will result in permanent cancellation of the recipient's eligibility, or

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c. in an academic graduate or professional program at an Eligible College or University, by the end of each Academic Year (College), earn at least the total college credit hours as required by the college or university for full time enrollment for each semester or quarter as determined by totaling the earned hours reported by the institution for each semester or quarter in the Academic Year (College). These hours shall not include hours earned during Qualified Summer Sessions, summer sessions nor intersessions nor by advanced placement course credits. Unless granted an exception for cause by LASFAC, failure to earn the required number of hours will result in permanent cancellation of the recipient's eligibility, and

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8. maintain at an Eligible College or University, by the end of the spring semester, quarter, or term, a cumulative college grade point average (GPA) on a 4.00 maximum scale of at least:

a. a 2.30 with the completion of less than 48 credit hours, a 2.50 after the completion of 48 credit hours, for continuing receipt of an Opportunity Award, if enrolled in an academic program; or

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c. a 3.00 for continuing receipt of either a Performance or Honors Award; and or
d. the minimum grade necessary to maintain good standing, if enrolled in a graduate or professional program; and

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10. has not received a baccalaureate degree; and

11. 10. has not been enrolled in a program for a vocational or technical education certificate or diploma or a non-academic undergraduate degree for more than two years.

B. Students failing to meet the requirements listed in §705.A.7 or §705.A.8.a, b, or c may have their tuition awards reinstated upon regaining Steady Academic Progress (See §301.) and/or attainment of the required GPA, if the period of ineligibility did not persist for more than two years from the date of loss of eligibility. Students who fail to meet the continuation requirements of 705.A.8.c, but who meet the continuation requirements of §705.A.8.a or b., shall no longer be eligible for the stipend authorized for the Performance and Honors Awards, but shall continue to receive the award amount for the Opportunity Award. If the two year period is interrupted due to a student's active duty in the United States Armed Forces, the two year period will be extended for a length of time equal to the student's active duty service, not to exceed four years.

C. In the event the administering agency determines that an ineligible student has received an award as the result of an administrative error or erroneous information provided by the student or the student's parent(s) or legal guardian Court Ordered Custodian or incorrect certification from the student's high school, the student's eligibility for the award shall be terminated and no further awards shall be made to the ineligible student. If an ineligible student has received an award due to an administrative error or incorrect certification, the administering agency will not pursue recoupment from the student of funds that were awarded. If an erroneous award has been made and the administering agency determines that the award was made based upon incorrect information submitted by the student or the student's parent(s) or legal guardian Court Ordered Custodian, the administering agency may seek reimbursement from the student, the student's parent(s) or legal guardian Court Ordered Custodian, and if it is further determined that the award was made due to an intentional misrepresentation by the student, the student's parent(s) or legal guardian Court Ordered Custodian, then the administering agency shall refer the case to the Attorney General for investigation and prosecution. If a student or the student's parent(s) or legal guardian Court Ordered Custodian is suspected of having intentionally misrepresented the facts which were provided to the administering agency and used by it to determine the eligibility of the student for the program and the administering agency has referred the case to the Attorney General for investigation, then the student shall remain ineligible for future award consideration pending an outcome of said investigation which is favorable to the student.

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Chapter 8. TOPS-TECH Award

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§803. Establishing Eligibility

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A. To establish eligibility for the TOPS-TECH Award, the student applicant must meet the following criteria:

1. a. for students graduating in Academic Year (High School) 2001-2002 and prior, be a U. S. United States citizen, provided however, that a student who is not a citizen of the United States but who is eligible to apply for such citizenship shall be deemed to satisfy the citizenship requirement, if within sixty (60) days after the date the student attains the age of majority, the student applies to become a citizen of the United States and obtains such citizenship within one year after the date of the application for citizenship. Those students who are eligible for U. S. citizenship and who otherwise qualify for a TOPS award, will continue to satisfy the citizenship requirements for a TOPS award for one year after the date of the student's application for citizenship, at which time, if the student has not provided proof of U.S. citizenship to the Office of Student Financial Assistance, the student's TOPS award will be suspended until such time as proof of citizenship is provided and canceled if such proof is not provided. Students cancelled solely due to their failure to become a United States citizen within one year after the date of application shall be reinstated to their award if they are a United States citizen or a permanent resident as defined by the Bureau of Citizenship and Immigration Services and were eligible to apply for United States citizenship when cancelled and have met the requirements for maintaining eligibility for the award.

   b. for students graduating in Academic Year (High School) 2002-2003 and thereafter, be a United States citizen or be a permanent resident as defined by the Bureau of Citizenship and Immigration Services and be eligible to apply for United States citizenship.

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§805. Maintaining Eligibility

A. To continue receiving the TOPS-TECH Award, the recipient must meet all of the following criteria:

1. have received the TOPS-TECH Award for less not more than two years, except as provided by §805.C, or unless reduced as required by §503.D; and

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8. maintain, by the end of the spring term, a cumulative college grade point average of at least 2.50 on a 4.00 maximum scale; and

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B. Students failing to meet the requirements listed in §805.A.7 and 8 may have their tuition awards reinstated upon achieving Steady Academic Progress, as defined in §301, and the attainment of the required grade point average, if the period of ineligibility did not persist for more than one year from the date of loss of eligibility. If the one year period is interrupted due to a student's active duty in the United States Armed Forces, the one year period will be extended for a length of time equal to the student's active duty service, not to exceed four years.

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Chapter 17. Responsibilities of High Schools, School Boards, Special School Governing Boards, the Louisiana Department of Education and LASFAC on Behalf of Eligible Non-Louisiana High Schools
§1701. Eligibility of Graduates Based Upon the High School Attended

A. Graduates of the following high schools are eligible to participate in LASFAC's Scholarship and Grant programs, as authorized herein:

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4. Out-of-State High Schools

a. All other public or non-public high schools located in one of the United States or territories of the United States, other than Louisiana, which have been approved by the state or territory's chief school officer as listed in the Louisiana Department of Education Bulletin 1462, or by the public body which is that state's or territory's equivalent of the Louisiana Board of Elementary and Secondary Education (BESE), or which high school has been approved by the Southern Association of Colleges and Schools' Commission on Secondary and Middle Schools and can demonstrate that it meets the standards adopted by BESE for approval of nonpublic schools of Louisiana as set forth in §1701.A.2, above or, for students graduating during the 2002-2003 school year and thereafter, which high school has been approved by a regional accrediting organization recognized by the United States Department of Education and can demonstrate that it meets the standards adopted by BESE for approval of nonpublic schools of Louisiana as set forth in §1701.A.2, above, and those high schools located in foreign countries which have been authorized or approved by a Department in the Executive Branch of the United States government to teach the dependents of members of the U.S. Armed Forces stationed abroad;

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§1703. High School's Certification of Student Achievement

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B. Procedures for Reporting and Certifying Student Performance

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2. a. Through the 2002 Academic Year (High School), the certification form shall contain, but is not limited to, the following reportable data elements:

i. student's name, address, phone number and social security number;
ii. month and year of high school graduation;
iii. final cumulative high school grade point average for all courses attempted, converted to a maximum 4.00 scale, if applicable (Note: Beginning with students graduating in 2002-2003, the cumulative high school grade point average will be calculated by using only grades obtained in completing the core curriculum.); and
iv. through the graduating class of the Academic Year (High School) 2002-2003, number of core units earned and the number of core units unavailable to the student at the school attended;. After the graduating class of the Academic Year (High School) 2002-2003, core unit requirements may not be waived.

   b. Commencing with the 2003 Academic Year (High School), certification shall contain, but is not limited to, the following reportable data elements:

i. student's name and social security number;
ii. month and year of high school graduation;
iii. the course code for each course completed;
iv. the grade for each course completed;
v. designation of each Honors Curriculum Course;
v. vi. the grading scale for each course reported; and
vii. list the high school attended for each course reported; and
vi. viii. through the graduating class of the Academic Year (High School) 2002-2003, number of core units earned and the number of core units unavailable to the student at the school attended. After the graduating class of the Academic Year (High School) 2002-2003, core unit requirements may not be waived.

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§1705. Notification of Certified Students

A. High schools are required to present a certificate of achievement during the graduation ceremony or other school reception to students qualifying as recipients of TOPS Performance and Honors Awards.

B. High schools are required to invite members of the Louisiana Legislature representing the school's district to attend the ceremony or reception and to make the presentation awarding the endorsed certificates of achievement.

A.C. 1. Through the 2002 Academic Year (High School), if the certifying authority elects to notify students of their certification, then the following disclaimer shall be included in any communication to the student:

"Although you have been certified as academically eligible for a Tuition Opportunity Program for Students (TOPS) Award, you must satisfy all of the following conditions to redeem a scholarship under this program:
1. a. You must be a Louisiana resident as defined by the Louisiana Student Financial Assistance Commission; and
2. b. You must be accepted for enrollment by an eligible Louisiana college and be registered as a full-time undergraduate student; and
3. c. You must annually apply for federal student aid, if eligible for such aid, by the deadline required for consideration for state aid; and
4. d. You must have met all academic and nonacademic requirements and be officially notified of your award by the Louisiana Student Financial Assistance Commission (LASFAC)."

B. 2. Commencing with the 2003 Academic Year (High School), if the certifying authority elects to notify students of their potential eligibility for an award, then the following disclaimer shall be included in any communication to the student:

"Although it appears that you have satisfied the academic requirements for a Tuition Opportunity Program for Students (TOPS) Award based on this school's review of the core curriculum courses you have completed and calculation of your TOPS Cumulative High School Grade Point Average, you must satisfy all of the following conditions to redeem a scholarship under this program:
1. a. The Louisiana Student Financial Assistance Commission (LASFAC) must determine that you have in fact completed the TOPS core curriculum courses;
2. b. LASFAC must determine that your TOPS Cumulative High School Grade Point Average based on the TOPS core curriculum meets the statutory requirements;
3. c. You must be a Louisiana resident as defined by LASFAC;
4. d. You must be accepted for enrollment by an eligible Louisiana postsecondary institution and be registered as a full-time undergraduate student no later than the next semester following the first anniversary of your graduation from high school;
5. e. You must apply for federal student aid, if eligible for such aid, by the deadline required for consideration for consideration for state and; and
6. f. You must have met all academic and nonacademic requirements and be officially notified of your award by LASFAC."

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Chapter 19. Eligibility and Responsibilities of Postsecondary Institutions

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§1903. Responsibilities of Postsecondary Institutions

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B. Program Billing. Each term, institutions shall bill LASFAC for students who are recipients of a TOPS Award and who have enrolled at the institution in accordance with the following terms and conditions:

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6. upon the school's certification that a recipient of a TOPS Award is enrolled full-time, institutions shall bill for and LASFAC will reimburse the institution for each such recipient as follows:

a. public colleges and universities may bill for an amount up to the maximum tuition for that institution, as defined in §301;
b. Louisiana Technical College campuses may bill for an amount up to the tuition for that institution, as defined in §301;
c. LAICU member colleges and universities may bill for students enrolled in academic programs an amount up to the Weighted Average Award Amount, as defined in §301;
d. LAICU member colleges and universities may bill for students enrolled in nonacademic programs an amount up to the Average Award Amount (TOPS-Tech), as defined in §301;
e. for recipients of the Performance and Honors awards, institutions may bill LASFAC for the stipend that accompanies these awards, in the amounts of $200 or $400 per semester, respectively.
f. for students enrolled in a public professional school, institutions may bill LASFAC an amount equal to the tuition charged or the tuition charged a student pursuing a baccalaureate degree at the highest cost public school, whichever is less.
g. for students enrolled in a LAICU professional school, institutions may charge the Weighted Average Award Amount.
h. for students enrolled in graduate school, institutions may bill LASFAC an amount equal to the tuition or the tuition charged for a student while pursuing a baccalaureate degree at the highest cost public school in the state, whichever is less.

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8. Before applying a TOPS award to pay a student's tuition, institutions shall first apply the student's "out-of-pocket" payments, including student loans, toward tuition charges. In those cases when a student's tuition as defined in 26 U.S.C. 25A is paid from a source other than the TOPS award, the institution shall apply the TOPS award toward payment of expenses other than tuition which are described in the term "cost of attendance" as that term is defined in 20 U.S.C. 1087 11, as amended, for the purpose of qualifying the student or his parent or guardian Court Ordered Custodian for the federal income tax credits provided for under 26 U.S.C. 25A.

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Chapter 21. Miscellaneous Provisions and Exceptions

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§2103. Circumstances Warranting Exception to the Initial and Continuous Enrollment Requirements

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D. Procedure for Requesting Exceptions to the Initial and Continuous Enrollment Requirement

1. The student should complete and submit an application for an exception, with documentary evidence, to the Office as soon as possible after the occurrence of the event or circumstance that supports the request. Through the 2000-2001 academic year, the student must submit application for an exception no later than May 30 of the academic year the student requests reinstatement. Commencing with the 2001-2002 academic year, the student must submit the application for exception no later than six months after the date of the notice of cancellation, except that a Returning Student must submit the application for exception no later than six months after the date of the notice of ineligibility due to failure to meet the continuing eligibility requirements of §705. 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 legal guardian Court Ordered Custodian of the Dependent Student may submit the application for exception on behalf of the applicant.

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E. Qualifying Exceptions to the Initial and Continuous Enrollment Requirement

A student who has been declared ineligible for TOPS, TOPS-Tech, TOPS Teacher or the Rockefeller State Wildlife Scholarship because of failure to meet the initial or continuous enrollment requirements may request reinstatement in that program based on one or more of the following exceptions:

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4. Temporary Disability

a. Definition. The student/recipient is recovering from an accident, injury, illness or required surgery, or the student/recipient is providing continuous care to his/her spouse, dependent, parent, stepparent, or guardian custodian due to an accident, illness, injury or required surgery.

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c. Maximum Length of Exception. Up to four consecutive semesters (six consecutive quarters) for recipient; up to a maximum of two consecutive semesters (three consecutive quarters) for care of a disabled dependent, spouse, parent, or guardian custodian.

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8. Death of Immediate Family Member

a. Definition. The student's spouse, parent, stepparent, guardian custodian, dependent, sister or brother, step sibling, or grandparent dies.

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11. Exceptional Circumstances

a. Definition. The student/recipient has exceptional circumstances, other than those listed in §2103.E.1-10, which are beyond his immediate control and which necessitate full or partial withdrawal from, or non-enrollment in an eligible postsecondary institution.

i. The following situations are not exceptional circumstances:

(a)

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(i) For students graduating from high school in 2001 and thereafter, making financial commitments or accepting an academic or athletic scholarship or grant to attend a postsecondary institution outside of Louisiana.
(j) (i) An involuntary drop, suspension, or withdrawal from enrollment because of academics, scholastics, or failure to attend classes or to comply with institutional regulations.
(k) (j) A suspension or expulsion for misconduct.
(l) (k) An inability to register because of failure to satisfy financial obligations.

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§2105. Repayment Obligation, Deferment and Cancellation

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B. Deferment of Repayment Obligation. Recipients of the Rockefeller State Wildlife Scholarship or TOPS Teacher Award who are in repayment status may have their payments deferred for the following reasons.

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4. Temporary Disability

a. Definition. The recipient is recovering from an accident, injury, illness or required surgery, or the recipient is providing continuous care to his/her spouse, dependent, parent, stepparent, or guardian custodian due to an accident, illness, injury or required surgery.

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c. Maximum Length of Deferment. Up to two years for recipient; up to a maximum of one year for care of a disabled dependent, spouse, parent, or guardian custodian

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D. Procedure for Requesting a Deferment

1. The recipient should complete and submit an application for a deferment, with documentary evidence, to the Office as soon as possible after the occurrence of the event or circumstance that supports the request. The recipient must submit the application for deferment no later than three months after the date of the notice of repayment. The deadline for filing the request shall be prominently displayed on the notice of repayment. If the applicant for a deferment is a Dependent Student, a parent or legal guardian Court Ordered Custodian of the Dependent Student may submit the application for exception on behalf of the applicant.

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