LOUISIANA
STUDENT FINANCIAL ASSISTANCE COMMISSION
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TOPS BULLETIN NUMBER: | T2004-4 |
DATE ISSUED: | November 5, 2004 |
EFFECTIVE DATE: | As Indicated |
DISTRIBUTION: | College, University, and LAICU Chancellors, Financial Aid Offices, Business Offices, Registrars and Auditors, Technical College Campus Deans and Student Personnel Services Officers, System Governance, Board of Regents, Department of Education, High School Counselors and Principals, Louisiana Officials, Louisiana Legislators, and Commission Members and Parish Branch Libraries. |
TOPIC: | Scholarship and Grant Program Rules Revisions to Sections 301, 501, 504, 505, 509, 703, 803, 1903, 2107, 2301, 2303, 2305, 2307, 2309, 2311 and 2313 to enable implementation of the Acts of the 2004 Legislature. |
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 adopted emergency rules at its meeting of August 12, 2004. These rules provide definitions where necessary, and procedures to enable implementation of the Acts of the 2004 Legislature. The Emergency Rules and a Notice of Intent were published in the LA Register on September 20, 2004 in compliance with the Administrative Procedure Act. Each of the new Acts were described in the Student Financial Aid Bulletin, dated August 20, 2004.
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:
Student
Financial Assistance Commission
Office of Student Financial Assistance
Scholarship/Grant
Programs
(LAC 28:IV. 301, 501, 504, 505, 509, 703,
803, 2107, 2301, 2303, 2305, 2307, 2309, 2311, 2313
2004 Legislation - SG0456E )
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 12, 2004, and shall remain in effect for the maximum period
allowed under the Administrative Procedure Act.
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.
...
Award Year – The Academic Year (College) or Program Year (Non-academic Program) during which a TOPS award is paid.
…
Louisiana Resident —
a. - f. …
g. effective for high school graduates
beginning withof Academic Year (High School) 2001-2002 and 2002-2003, 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 amunicipality having geographical boundaries that include a portion ofcounty that adjoins a Louisiana parish having a population greater than 41,600 and less than 42,400 according to the federal 2000 census, and
iii. has filed a Louisiana state income tax return and 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.
…
Eligible Non-Graduate – A student who has not graduated from high school or completed a home study program approved by BESE, but who meets all the criteria listed in §703.A.5.g.
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 23:1645, 1648 (December 1997). Promulgated 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, 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 (July 2000), LR 26:1993, 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), LR 27:1842, 1875
(November 2001), LR 28:45 (January 2002), LR 28:446 (March 2002), LR 28:772
(April 2002), LR 28:2330, 2331 (November 2002), LR 29:555 (April 2003). LR
29:1419 (August 2003), LR 29:2265, (November 2003), LR 30: (September 2004).
* * *
Chapter 5. Applications,
Federal Grant Aid and ACT Test
§501. Application
A.1 –2.c …
B. Initial Application for a TOPS Award for High School Graduates and Home Study Completers of 2003-2004 and Thereafter and Eligible Non-Graduates.
B.1. – B.2.f. …
3. Eligible Non-Graduates must:
a. Submit a Free Application for Federal Student Aid, (FAFSA), or
b. If the student can demonstrate that he does not qualify for federal grant aid because of his family’s financial condition, submit the initial FAFSA after completing all applicable sections except those sections related to the income and assets of the student and the student’s parents, or
c. Complete an On-Line Application.4. Applicants for TOPS Opportunity, Performance and Honors awards and TOPS Tech awards who submit the On-Line Application in lieu of the FAFSA or who do not complete all sections of the FAFSA will be ineligible for federal grant aid and federally guaranteed student loans.
4.5. In the event of a budgetary shortfall, applicants for TOPS Opportunity, Performance and Honors awards and TOPS Tech awards who submit the On-Line Application in lieu of the FAFSA or who do not complete all sections of the FAFSA will be the first denied a TOPS award.
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). Promulgated LR 24:635 (April 1998), amended LR 24:1900 (October
1998), LR 26: (September 2000), Repromulgated LR 27:1846 (November 2001),
amended LR 28:554 (April 2003), LR 29:2265 (November 2003), LR 30: (September
2004).
* * *
§504. Out-of-State and Out-of Country High School Graduates and Eligible Non-Graduates
A. A student who graduates from a high school outside the state of Louisiana or is an Eligible Non-Graduate will not be considered for a TOPS award unless LASFAC receives the student’s FAFSA information from the federal processor or On-Line Application and the student’s ACT and/or SAT score(s). In order for a student who will graduate from a high school outside the state of Louisiana or an Eligible Non-Graduate to assure that his FAFSA information and his ACT/SAT score(s) are received by LASFAC, he should:
1. Enter a Louisiana postsecondary institution in the section of the FAFSA that asks the applicant to name the colleges he plans to attend, and
2. Enter a Louisiana postsecondary institution and/or 1595 (code for the La. Tuition Opportunity Program/Students, Baton Rouge, La.) in the “score report choices” section of the ACT and/or 9019 (code for Tuition Opportunity Program for Students) in the “send scores” section of the SAT registration form.
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 29:2265 (November 2003), LR
30: (September 2004).
§505. Application Deadlines for High School Graduates and Home Study Completers of 2004 and Later and Eligible Non-Graduates
A. 1. To be considered for a TOPS award, students who graduate from high school or complete an approved home study program in 2004 or later and Eligible Non-Graduates must:
A.1. – 3. …
B. Deadline for Priority Consideration
1. In order for students who enroll for the first time as Full-Time Students at an Eligible College or University to
ensure fundingensure timely consideration and the earliest possible eligibility determination for the initial semester of enrollment, the FAFSA or the On-Line Application must be submitted so that it is received no later than May 1 of the year prior to the Academic Year (College) the student first enrolls in an Eligible College or University.2. In order for Returning Students to
ensure fundingensure timely consideration and the earliest possible eligibility determination for the initial semester of enrollment at an Eligible College or University, the FAFSA or the On-Line Application must be received no later than May 1 prior to the Academic Year (College) the student first enrolls in an Eligible College or University.
B.3. – 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: Adopted by the Student Financial Assistance Commission,
Office of Student Financial Assistance LR 17: 959 (October 1991), amended
LR 22:338 (May 1996). Promulgated LR 24:635 (April 1998), amended LR 24:1901
(October 1998). Repromulgated LR 27:1847 (November 2001), amended LR 29:1419
(August 2003), LR 29:2265 (November 2003), LR 30: (September 2004).
* * *
§509. ACT Testing Deadline
A. 1. The student
must take the official ACT Test (including National, International, Military
or Special test types) on or before the official April test date in the
Academic Year (High School) in which the student graduates or completes
a home study program approved by BESE
2. An Eligible Non-Graduate must take the official
ACT Test (including National, International, Military or Special test types)
before the first day of the semester the student first enrolls in an Eligible
College or University.
B. 1. The student may substitute an equivalent score, as determined
by the comparison tables used by LASFAC, on an equivalent Scholastic Aptitude
Test (SAT) taken on or before the official April test date in the Academic
Year (High School) in which the student graduates. In order to substitute
a SAT score, the student must direct the College Board to send the score
to LOSFA so that the score is electronically reported to LOSFA by the College
Board within 45 days of the final test date allowed by Section 509. SAT
scores received in any other manner shall not be considered.
2. An Eligible Non-Graduate may substitute an
equivalent score, as determined by the comparison tables used by LASFAC,
on an equivalent Scholastic Aptitude Test (SAT) taken before the first day
of the semester the student first enrolls in an Eligible College or University.
In order to substitute a SAT score, the student must direct the College
Board to send the score to LOSFA so that the score is electronically reported
to LOSFA by the College Board within 45 days of the final test date allowed
by Section 509. SAT scores received in any other manner shall not be considered.
C.1.a. – c. …
d. Tests taken by an Eligible Non-Graduate
after the first day of the semester the student first enrolls in an Eligible
College or University shall not be accepted.
C.2 – E. …
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 26:1995 (September 2000), amended
LR 26:2000 (September 2000), LR 27: 36 (January 2001), LR 27:284 (March
2001). Repromulgated LR 27:1847 (November 2001), amended LR 29:1419 (August
2003), LR 30: (September 2004).
Chapter 7. Tuition
Opportunity Program for Students (TOPS) Opportunity, Performance, and Honors
Awards
* * *
§703. Establishing Eligibility
A.1- 5.a.i(aa) ...
(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 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 or Agriscience I and II (both for one unit; provided however, that such Agriscience unit shall not be considered a science elective for the purpose of the math or science elective requirement below) 1 An elective from among other math or science subjects listed in this core curriculum 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 1½½Computer Science, Computer Literacy or Business Computer Applications (or substitute at least one andone-halfunitsunit 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 the1½½ unit computer science requirement for all schools (courses approved by BESE for individual schools are not included):
Advanced Technical Drafting (1 credit)
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)
Introduction to Business Computer Applications (1 credit)
Multimedia Productions (1 credit)
Technology Education Computer Applications (1 credit)
Telecommunications (½ credit)
Web Mastering (½ credit)
Word Processing (1 credit)
Independent Study in Technology applications (1 credit)
A.5.d. i. successfully complete at the twelfth grade level a home study program approved by BESE; or
ii. if ever was enrolled in a Louisiana public or nonpublic school approved by BESE, successfully completed at least the eleventh and twelfth grade levels of a home study program approved by BESE; and
iii. if having previously attended a Louisiana public high school, a Louisiana nonpublic high school, or an approved non-Louisiana high school, has provided LASFAC with certification by the previously attended high school that said student was in good standing at the time the student last attended such school;andor
e. graduate from a high school defined in §1701.A.5 or successfully complete at the twelfth grade level a home study program approved by BESE and conducted outside the United States and its territories; or
f. i. for students graduating in Academic Years (High School) 2000-2001 and 2001-2002, successfully complete a minimum of ten units in honors courses graded on a 5.00 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.; or
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.,; orand
g. beginning with the 2004-2005 Award Year, Eligible Non-Graduates who meet the following criteria:i. be a United States citizen or be a permanent resident as defined by the United States Citizenship and Immigration Services and be eligible to apply for United States citizenship
ii. meet the requirements of §703.A.3, above; and
iii. actually reside in Louisiana for at least two years prior to the student’s first enrollment in an Eligible College or University; and
iii as certified by a psychologist or psychiatrist licensed to practice in Louisiana, the student has a score that is at least in the superior range on the Wechsler Intelligence Scale for Children (Third Edition) or revised version of such instrument; and
iv. as certified by a psychologist or psychiatrist licensed to practice in Louisiana, the student has a composite score that is at least at the ninetieth percentile at the twelfth grade level in the reading, mathematics, and written language portions of the Wechsler Individual Achievement Test (Second Edition) or revised version of such test; and
v. prior to enrolling for the first time in an Eligible College or University, the student’s score on the ACT must meet the requirements of §703.A.6.a., as specified for the respective award, or have an equivalent score on the Scholastic Aptitude Test; and
vi. before the student’s nineteenth birthday:aa. enrolls in an Eligible College or University and successfully earns twelve hours of course credits; and
bb. subsequently enrolls as a Full-Time Student in an Eligible College or University to pursue an academic undergraduate degree at the baccalaureate level; andvii. after meeting all the requirements in §703.A.5.g.i. through vi, the student will qualify for a TOPS award.
6. Have achieved an ACT Score, as defined in §301 of at least:
a. if qualifying under the terms of §703.A.5.a,
orb, or g;i. the state’s reported prior year ACT composite average, rounded, but never less than 20 for the Opportunity Award; or
ii. a 23 for the Performance Award; or
iii. a 27 for the Honors Award; orA.6.b – H.3. …
A.5.d.iii …
6. if qualifying under the terms of §803.A.5.a., at the time of high school graduation,:
a. have successfully completed one of the following core curriculums:
(i) 16.5 units of high school course work constituting the TOPS core curriculum as defined in §703.A.5. and documented on the student’s official transcript as approved by the Louisiana Department of Education; or
(ii) For students graduating in the 2000-2001 school year and thereafter, the high school course work documented on the student’s official transcript as approved by the Louisiana Department of Education constituting the following TOPS-TECH core curriculum:Core Curriculum -TOPS-TECH Award:
UnitsCourse 1English I 1English II 1English III 1English IV or substitute one unit of Business English. 1Algebra I; or both Algebra I, Part 1 and Algebra I, Part 2; or both Applied Mathematics I and Applied Mathematics II. 2Geometry, Applied Mathematics III, Algebra II, Financial Mathematics, Advanced Mathematics I, Advanced Mathematics II, Discrete Mathematics, or Probability and Statistics (two units). Integrated Mathematics I, II, and III may be substituted for Algebra I, Geometry and Algebra II, and shall be considered the equivalent of the three required math units. 1Biology. 1Chemistry or Applied Chemistry. 1Earth Science, Environmental Science, Physical Science, Integrated Science, Biology II, Chemistry II, Physics, Physics II, or Physics for Technology or Agriscience I and II (both for one unit). 1American History. 1World History, Western Civilization, or World Geography. 1Civics and Free Enterprise (one unit combined) or Civics (one unit, nonpublic). Remaining core courses shall be selected from one of the following options:
OPTION 1Total of 17 units 1Fine Arts Survey or substitute two units of performance courses in music, dance, or theater; or substitute two units of visual art courses; or substitute two units of studio art courses; or a course from the career and technical program of studies that is approved by the BESE (must be listed under the Vocational Education Course Offerings in Bulletin 741 or the updates to Bulletin 741); or substitute one unit as an elective from among the other subjects listed in this core curriculum 2Foreign Language, Technical Writing, Speech I or Speech II 1One unit from the secondary computer education program of studies that is approved by the BESE OR OPTION 2Total of 19 Units 4In a career major comprised of a sequence of related specialty courses. In order for a student to use this option, the courses for the career major must be approved by the BESE. 1Credit in a basic computer course. 1In related or technical fields. A related course includes any course which is listed under the student's major. A technical course is one that is listed in the approved career option plan for the high school at which the course is taken. or
(iii) For students graduating through the 2001-2002 school year, the TOPS-TECH core curriculum as follows:
a. Core Curriculum—TOPS-TECH Award:
UnitsCourse 1English I 1English II 1English III 1English IV or Business English 1Algebra I (one unit) or Applied Algebra IA and 1B (two units) 1Algebra II 1Geometry or Applied Geometry, Trigonometry, Calculus or comparable Advanced Mathematics 1Biology 1Chemistry or Applied Physics 1Earth Science, Environmental Science, Physical Science, Biology II, Chemistry II , Physics, Physics II or Physics for Technology or Agriscience I and II (both for one unit) 1American History 1World History, Western Civilization or World Geography 1Civics and Free Enterprise (one unit combined) or Civics (one unit, non-public) 1Fine Arts Survey or any approved vocational course in the areas of Agriscience, Business Education, Family and Consumer Science, Health Occupations, Marketing Education, Technology Education, or Trade and Industrial Education; (or substitute two units of performance courses in music, dance or theater; or two units of studio art or two units of visual art courses; or one elective from among the other subjects listed in this core curriculum) 2In a single Foreign Language. (one unit for students graduating from high school during the 1996-97 and 1997-98 school years.) or Technical Writing, Speech I or Speech II (two units). ½Computer 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; or substitute at least one-half unit of an elective from among the other subjects listed in this core curriculum)
6.b. – 10. …
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).
Chapter 19. Eligibility
and Responsibilities of Postsecondary Institutions
* * *
§1903. Responsibilities of Postsecondary Institutions
A. – B.8 …
9. Unless otherwise directed by the student, before
Beforeapplying 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. 1087ll, as amended, for the purpose of qualifying the student or his parent or custodian for the federal income tax credits provided for under 26 U.S.C. 25A.
C. – D2.b. …
3. for Tuition Payment Program for Medical School Students:
a. verify enrollment at one of the Louisiana State University Health Sciences Center medical schools or at the Tulane University School of Medicine, and
b. verify the recipient is in good standing, and
c. verify the student has continued to make satisfactory progress towards a medical degree in a primary care field.4. release award funds by crediting the student’s account within 14 days of the institution’s receipt of funds or disbursing individual award checks to recipients as instructed by LASFAC. Individual award checks for the Rockefeller State Wildlife Scholarship,
andTOPS Teacher Award and Tuition Payment Program for Medical School Students must be released to eligible recipients within 30 days of receipt by the school or be returned to LASFAC.
AUTHORITY NOTE: Promulgated
in accordance with R.S. 17:3021-3036, R.S. 17:3042.1, 17:3041.10-3041.15,
17:3041.21-3041.26 and R.S. 17:3048.1 and R.S. 17:3050.1 –3050.4.
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). Promulgated LR 24:645 (April 1998), amended LR 24:1914 (October
1998), LR 25: 1459 (August 1999), LR 26:1998, 2002 (September 2000), LR 27:1864
(November 2001), LR 28:448 (March 2002), LR 28:775 (April 2002), LR 28:1760
(August 2002), LR 28:2333 (November 2002), LR 29:1419 (August 2003), LR 30:
(September 2004).
Chapter 21. Miscellaneous Provisions and Exceptions
* * *
§2107. Funding and Fees
A. – D. …
E. Transferability
of Funds. A student receiving an award under the Tuition Opportunity Program
for Students (TOPS), and/or Rockefeller State Wildlife Scholarship may have
his award transferred to another postsecondary institution which is authorized
to participate in these programs, as described in §1901. The student
must meet all continuation requirements and submit a Scholarship and Grant
Transfer Request Form.
AUTHORITY NOTE: Promulgated
in accordance with R.S. 17:3021-3036, 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 (December 1997). Promulgated LR 24:649 (April 1998),
amended LR 24:1919 (October 1998), LR 26:1998 (September 2000). Repromulgated
LR 27:1869 (November 2001), amended LR 28:449 (March 2002), LR 28:777 (April
2002), LR 28:2333 (November 2002), LR 30: (September 2004).
Chapter 23. Tuition
Payment Program for Medical School Students
§2301. General Provisions
A. Legislative Authority.
The Tuition Payment Program for Medical School Students was created by Act
281, of the 1997 Regular Session of the Louisiana Legislature and amended
by Act 894 of the 2004 Regular Session of the Louisiana Legislature.
This bill added R.S. 17:3041.10-3041.15.
B. Description, History and Purpose. The Tuition Payment Program for Medical School Students:
1. annually awards not more than
fourten monetary loans to eligible students attending a medical school of the Louisiana State University Health Sciences Center and not more than five monetary loans to eligible students attending the Tulane University School of Medicine who commit to practice the profession of medicine as a primary care physician, as defined herein, for at leasttwofive consecutive years in a rural orpoor communitymedically disadvantaged area in Louisiana designateda “rural health shortage area”by theLouisiana Department of Health and HospitalsLouisiana State University Health Sciences Center, acting jointly with the Tulane University School of Medicine, (hereinafter referred to as a “Designated Area”). When the individual receiving the award practices medicine in a Designated Area fortwofive consecutive years as provided in these rules, the loans are forgiven in full.
2. was first funded for the 1998-99 award year;
3.was created to provide an incentive for Louisiana’s medical school students to practice as primary care physicians in a Designated AreaThe Legislature’s purpose for this program is to bring about an adequate supply of doctors of medicine who will engage in the general practice of medicine in the rural or medically disadvantaged areas of the state by inducing a sufficient number of the graduates from the Louisiana State University Health Sciences Center and the Tulane University School of Medicine to remain in or relocate to Designated Areas of Louisiana to practice their profession, thus affording adequate medical care to the people of Louisiana.
C. Award Amounts
1. Loans for students enrolled at one of the Louisiana State University Health Sciences Center medical schools shall be
aremade in an amount not to exceed the full tuition and room and board amount for that school. Loans for students enrolled at the Tulane University School of Medicine shall be made in an amount not to exceed the tuition and room and board amount for a studentstudentsenrolled atone ofthe most expensive medicalschoolsschool of the Louisiana State University Health Sciences CenterLouisiana State University.
2. Recipients may receivea maximum of two years offunding for each year of enrollment at an eligible medical school, until awarded a doctorate degree in medicine.
C.3. – 4. …
§2303. Establishing Eligibility
A.1. – 3. …4. be enrolled in the third year of study or later at one of the Louisiana State University Health Sciences Center
LSUmedical schools or in the Tulane University School of Medicine as afull-time studentFull-Time Student in a course of study leading to a doctorate degree in medicine with the intent to enter a residency program leading to a specialization in a primary care field or has earned such a degree prior to commencement of residency. A “primary care field” shall include the following fields of medicine: family medicine, general internal medicine, general pediatrics, obstetrics/gynecology or a medical/pediatrics practice.5. agree to the full time practice of the profession of medicine as a primary care physician in a Designated Area for at least
twofive consecutive years after graduating from medical school and completing a residency program in a primary care field as defined in §2303.A.4, above; andA.6. –8. …
AUTHORITY NOTE: Promulgated
in accordance with R.S. 17:3041.10-3041.15 and 17:3041.21-3041.26.
HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission,
Office of Student Financial Assistance, LR 25:1461 (August 1999) LR 25:2177
(November 1999), LR 26:2754 (December 2000), LR 27:1220 (August 2001). Repromulgated
LR 27:1872 (November 2001), LR 28:777 (April 2002), LR 28:2333 (November 2002),
amended LR 30: (September 2004).
§2305. Application Process and Selection Criteria
A. The Louisiana State
University Health Sciences Center LSU Medical Center and the
Tulane University School of Medicine shall seek applications from medical
students desiring to apply for a loan under this program and shall determine
and report to the Commission, no later than the date specified by the Commission:
1. the academic standing of those applicants who meet the prerequisites of
Section§2303.4 and 5. In determining the academic standing of applicants, the Louisiana State University Health Sciences CenterLSU Medical Centerand the Tulane University School of Medicine shall employ an evaluation system which is equitable to all applicants regardless of the medical school they attend, and
2. those applicants who have demonstrated an interest in primary care medicine through involvement in student activities which are supportive of the future practice of medicine as a primary care physician and which have been identified by the Louisiana State University Health Sciences CenterLSU Medical Centeror the Tulane University School of Medicine and approved by the administrator as meriting the award of extra points in the ranking of applicants.
B. From the list
lists of applicants submitted by the Louisiana State University
Health Sciences Center LSU Medical Center and the Tulane University
School of Medicine, the Commission shall rank the applicants in order
of merit and select no more than four ten individuals to receive
the award in any one year to attend one of the Louisiana State University
Health Sciences Center medical schools and no more than five individuals to
receive the award in any one year to attend the Tulane University School of
Medicine (hereinafter “Recipient(s)”). The applicant’s
order of merit shall be determined by the academic standing of the applicant
as reported by the Louisiana State University Health Sciences Center
LSU Medical Center or the Tulane University School of Medicine
and the extra points earned through student activities related to the practice
of primary care medicine. The award shall be in the form of a loan to the
Recipient as described in these rules.
AUTHORITY NOTE: Promulgated
in accordance with R.S. 17:3041.10-3041.15 and 17:3041.21-3041.26.
HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission,
Office of Student Financial Assistance, LR 25:1461 (August 1999). Repromulgated
LR 27:1872 (November 2001), amended LR 30: (September 2004).
§2307. Award Amount
A. The loan shall not
exceed the full cost of tuition plus room and board, as those terms are defined
herein, for two academic years.
B. The loan disbursement will be in two increments during each academic year,
unless disbursed subsequent to entering the third year of medical study, in
which case any prior disbursements due may be included in the initial disbursement
based upon requests for disbursements submitted by the Louisiana State
University Health Sciences Center LSU Medical Schools or by
the Tulane University School of Medicine, which are consistent in timing
with the normal payment of tuition by medical school students.
C. …
D. The cost of room and board included in an award under this section shall
not exceed the cost allocated to room and board in the calculation of “cost
of attendance” determined in accordance with 20 U.S.C. 1087 11 for
the highest cost Louisiana State University Health Sciences Center medical
school.
E. – F. …
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3041.10-3041.15 and
17:3041.21-3041.26.
HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission,
Office of Student Financial Assistance, LR 25:1461 (August 1999), LR 26: (November
2000). Repromulgated LR 27:1873 (November 2001), amended LR 30: (September
2004).
§2309. Maintaining Eligibility
A. To continue receiving the Tuition Payment for Medical School Students, Recipients must meet all of the following criteria:
1. have not graduated from medical school
received less than two years of funding under the Tuition Payment for Medical School Students; and
2. be considered in good standing by the Louisiana State University Health Sciences CenterLSU Medical Centeror the Tulane University School of Medicine and continue to make satisfactory progress towards a medical degree in a primary care field or have completed studies in good standing; and
A.3. – 5. …
B. Upon graduation from
medical school receiving a doctorate degree in medicine, an award
Recipient will be continued in a deferred payment status under the terms of
the Tuition Payment Program for Medical Students Promissory Note (“Promissory
Note”) as long as the Recipient is enrolled in a residency program leading
to a medical specialty in a primary care field. The Recipient shall notify LASFAC
of the place and duration of the Recipient’s residency program no later
than the Recipient’s date of graduation from medical school
the Recipient receives a doctorate in medicine. The notice shall include
an endorsement from the Louisiana State University Health Sciences Center
LSU Medical Center or its designee or from the Tulane University School
of Medicine or its designee that the residency program is a program that
will lead to the ability to practice as a primary care physician as defined
herein. The Louisiana State University Health Sciences Center LSU
Medical Center or the Tulane University School of Medicine shall
make available to the Recipient a list of Designated Areas. The Recipient shall
identify the Designated Area in which the Recipient intends to practice medicine
and include this selection in the notice sent to LASFAC. By July 30 of each
year after graduation from medical school following receipt of a doctorate
degree in medicine, the Recipient shall notify LASFAC of the Recipient’s
current address and include in such notice an endorsement from an appropriate
official of the residency program in which the Recipient is engaged that the
Recipient is making satisfactory progress in the program. The Recipient shall
notify LASFAC in writing of the completion of the residency program and the
date the Recipient will initiate practice in a Designated Area. Each year thereafter,
on the anniversary of the date the Recipient enters a primary care practice
in a Designated Area, the Recipient shall send a written confirmation to LASFAC
that the Recipient has practiced medicine during that year as required under
the terms of the Promissory Note. The written confirmation shall be in the form
of an affidavit executed before a notary public and shall be endorsed by the
Louisiana Department of Health and Hospitals, affirming that the Recipient has
practiced in a Designated Area. Failure of the Recipient to send any of the
notices required under the terms of the Promissory Note in a timely manner shall
cause the Recipient to be placed in a repayment status.
C. Students who fail to
maintain eligibility for the second a subsequent year of the loan
will be placed in a repayment status within six (6) months of
from the date of their loss of eligibility, unless granted an exception
for cause by the Commission.
AUTHORITY NOTE: Promulgated
in accordance with R.S. 17:3041.10-3041.15 and 17:3041.21-3041.26.
HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission,
Office of Student Financial Assistance, LR 25:1462 (August 1999), LR 26: (November
2000). Repromulgated LR 27:1873 (November 2001), LR 28:777 (April 2002), amended
LR 30: (September 2004).
§2311. Completion of Promissory Note and Acceptance of Award
Prior to receiving an award,
the Recipient must agree to the terms and conditions contained in and execute
the Tuition Payment Program for Medical Students Promissory Note (“Promissory
Note”). The Promissory Note obligates the Recipient to initiate a primary
care practice in a Designated Area upon the completion of a primary care residency
program. The Recipient shall complete the primary care residency program within
four years of the date of graduation from medical school and shall initiate
the full-time practice of medicine as a primary care physician in a Designated
Area within six (6) months from the date of completion of the residency program.
The Designated Area in which the Recipient initiates practice shall be that
area designated in the notice required by §2309.B, above, or such other
Designated Area chosen by the Recipient, with the concurrence of LASFAC,
upon completion of the residency program. The Promissory Note shall provide
that if the area chosen in the notice provided for in §2309.B, above, is
no longer an area designated a “rural health shortage area” by
the Louisiana Department of Health and Hospitals a Designated Area
at the time the Recipient finishes the residency program, it shall continue
to be considered a Designated Area for purposes of discharge of the loan amount
under these rules. The Recipient shall be deemed to be in a full-time primary
care practice if the Recipient performs direct patient care for an average of
at least 36 hours per week in a normal annual work schedule. Should a Recipient
fail to enter into the practice of medicine on a full-time basis as a primary
care physician within the time specified herein, the loan shall be placed in
a repayment status and double the amount of the loans shall be repaid
together with all accrued interest and any collection costs incurred by the
Commission, as specified in the Promissory Note and as required by §2313,
below.
AUTHORITY NOTE: Promulgated
in accordance with R.S. 17:3041.10-3041.15 and 17:3041.21-3041.26.
HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission,
Office of Student Financial Assistance, LR 25:1462 (August 1999). Repromulgated
LR 27:1874 (November 2001), amended LR 30: (September 2004).
§2313. Discharge of Obligation
A. The loan may be discharged
by engaging in a full-time primary care medical practice in a Designated Area
for a period of two five years, by monetary repayment or by cancellation.
B.1. …
2. practice as a primary care physician on a full time basis for a period of at least
twofive consecutive years in a Designated Area.
C. …
D. Discharging the Promissory Note by Monetary Repayment. Recipients who elect not to discharge the obligation by practicing medicine as required in these rules and the Promissory Note and who are not eligible for discharge by cancellation must immediately repay double the loan principal plus accrued interest and any collection costs incurred according to the following terms and conditions:
D.1. – 2. …
E.1.a. – c. …
2. Upon determination that a recipient has entered repayment status, LASFAC will send written notice of the recipient’s repayment status including the total amount of tuition that must be repaid, the amount of interest accrued and instructions for repayment.
3. The recipient must repay double the amount of the total tuition disbursed no later than thirty days from the date of the written notice of the recipient’s repayment status. Accrued interest may be amortized in accordance with §2313.E.4.
4. the amount to be repaid annually will be the greater of:a. the amount necessary to amortize the accrued loan
principalinterest, together withcapitalized andaccruing interest, within five (5) years; or
b. $5,000 per year or
c. the unpaid balance, whichever is less;5.
3.Recipients in repayment status may have their payments deferred in accordance with §2105.B., Deferment of Repayment Obligation;
6.4.during the period of time a Recipient is in a deferment status, a Recipient is not required to make payments and interest does not accrue;
7.5.the period of time for completion of repayment will be extended by a period of time equal to the length of time the Recipient is in deferment status.
F. Cancellation. The obligation to repay any remaining unpaid balance of the Promissory Note shall be canceled in the event either of the following occurs:
1. upon submission to LASFAC of a sworn affidavit from a qualified physician that the Recipient is precluded from gainful employment because of a complete and permanent medical disability or condition; or
2. upon submission to LASFAC of a death certificate or other evidence conclusive under state law, that the Recipient is deceased.
AUTHORITY NOTE: Promulgated
in accordance with R.S. 17:3041.10-3041.15 and 17:3041.21-3041.26.
HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission,
Office of Student Financial Assistance, LR 25: 1463 (August 1999), LR 25:2177
(November 1999). Repromulgated LR 27:1874 (November 2001), amended LR 30: (September
2004).
George Badge Eldredge
General Counsel