LOUISIANA STUDENT FINANCIAL ASSISTANCE COMMISSION
OFFICE OF STUDENT FINANCIAL ASSISTANCE
Tuition Opportunity Program for Students (TOPS) Bulletin
TOPS BULLETIN NUMBER: T2005-4
DATE ISSUED: August 9, 2005
EFFECTIVE DATE: As Indicated
DISTRIBUTION:

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

TOPIC:

Acts of the 2005 Louisiana Legislature

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

 

The Louisiana Student Financial Assistance Commission adopted emergency rules at its July 12, 2005 meeting to implement the acts passed during the 2005 Regular Session of the Louisiana Legislature as they relate to the Tuition Opportunity Programs for Students (TOPS). The acts are briefly described below and followed by the notice of emergency rules and notice of intent.

Act 105 – Specifies the courses required for the TOPS core curriculum math or science elective for students graduating from high school during or after the 2007-08 Academic Year (High School) and deletes Trigonometry from the TOPS core curriculum for students graduating during and after the 2005-06 Academic Year (High School).

Act 194 – For students completing home study programs during the 2004-05 Academic Year (High School) through the 2007-08 Academic Year (High School), lowers the minimum ACT score to “2” points (from “3” points) above the minimum required for traditional high school graduates for each award type. Please note, a sunset provision was written into this legislation.

Act 412– Permits students graduating during and after the 2004-2005 Academic Year (High School) to use the TOPS Opportunity, Performance and Honors awards at out-of-state private colleges that are specifically designed to accommodate deaf and hard-of-hearing students at which the majority of the students are deaf and hard of hearing.


DECLARATION OF EMERGENCY

Student Financial Assistance Commission
Office of Student Financial Assistance

Scholarship/Grant Programs
(LAC 28:IV.301, 703, 803, 1901, 1903 - 2005 Legislation - SG0662NI)

 

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 July 12, 2005 if the Governor has signed House Bills 103 and 102 by this date, otherwise the effective date is the date the last bill is signed by the governor, or the date of the time for bills to become law without signature of the governor, 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

* * *

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, 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:

a. …
b. For students with the TOPS Opportunity, Performance, and Honors Award attending a regionally accredited independent college or university in Louisiana that is a member of the Louisiana Association of Independent Colleges and Universities or an out-of-state college or university if all of the conditions of §703.I are met and enrolled in an academic degree program, the amount shall equal the Weighted Average Award Amount.
c. – h. …

* * *

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 26:1993, 1999 (September 2000), Repromulgated LR 27:1846 (November 2001), amended 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 29:879 (June 2003), LR 30:1159 (June 2004), LR 30:2015 (September 2004), LR 31:36 (January 2005).

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

§703. Establishing Eligibility

A.1.a. - A.5.a.i. (bb) …

cc. for students graduating in Academic Year (High School) 2004-2005 through 2006-2007, 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
* Trigonometry cannot be used to fulfill this requirement for students graduating in Academic Year (High School) 2005-2006 and thereafter 
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):
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)

dd. 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 the following math subjects: Geometry, Calculus, Pre-Calculus, Algebra III, Probability and Statistics, Discrete Mathematics, Applied Mathematics III, Advanced Mathematics I, Advanced Mathematics II, Integrated Mathematics III or the following science subjects: listed in this core curriculum Biology II, Chemistry II, Physics or Physics II
1 American History
1 World History, Western Civilization or World Geography
1 Civics and Free Enterprise (one unit combined) or
1 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):
Advanced Technical Drafting (1/2 or 1 credit)
Business Computer Applications (1/2 or 1 credit)
Computer Applications or Computer/Technology Applications (1/2 or 1 credit)
Computer Architecture (1/2 or 1 credit)
Computer Electronics I (1/2 or 1 credit)
Computer Electronics II (1/2 or 1 credit)
Computer/Technology Literacy (1/2 or 1 credit)
Computer Science I (1/2 or 1 credit)
Computer Science II (1/2 or 1 credit)
Computer Systems and Networking I (1/2 or 1 credit)
Computer Systems and Networking II (1/2 or 1 credit)
Desktop Publishing (1/2 or 1 credit)
Digital Graphics & Animation (1/2 credit)
Introduction to Business Computer Applications (1/2 or 1 credit)
Multimedia Productions or Multimedia Presentations (1/2 or 1 credit)
Technology Education Computer Applications (1/2 or 1 credit)
Telecommunications (1/2 credit)
Web Mastering or Web Design (1/2 credit)
Word Processing (1/2 or 1 credit)
Independent Study in Technology Applications (1/2 or 1 credit)

A.5.a.ii. – 6.a.iii …

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 23 for the Opportunity Award; or
ii. a 26 for the Performance Award; or
iii. a 30 for the Honors Award; and

c. i. if completed the twelfth grade level of an approved home study program during or before the Academic Year (High School) 2003-2004 or during or after the Academic Year (High School) 2008-2009 and qualifying under §703.A.5.d;

aa. the state’s reported prior year average plus 3 points, rounded, but never less than 23 for the Opportunity Award; or
bb. a 26 for the Performance Award; or
cc. a 30 for the Honors Award; and

ii. if completed the twelfth grade level of an approved home study program during or after the Academic Year (High School) 2004-2005 and through the Academic Year (High School) 2007-2008 and qualifying under §703.A.5.d;

aa. the state’s reported prior year average plus 2 points, rounded, but never less than 22 for the Opportunity Award; or
bb. a 25 for the Performance Award; or
cc. a 29 for the Honors Award; and

d. i. if qualifying under §703.A.5.e by graduating from a high school defined in §1701.A.5; which is limited to the Opportunity Award only; the state's reported prior year average plus 3 points, rounded, but never less than 23;

ii. if qualifying under §703.A.5.e by successfully completing the twelfth grade level a home study program approved by BESE and conducted outside the United States and its territories during or before the Academic Year (High School) 2003-2004 or during or after the Academic Year (High School) 2008-2009; which is limited to the Opportunity Award only; the state's reported prior year average plus 3 points, rounded, but never less than 23;
iii. if qualifying under §703.A.5.e by successfully completing the twelfth grade level a home study program approved by BESE and conducted outside the United States and its territories during or after the Academic Year (High School) 2004-2005 and through the Academic Year (High School) 2007-2008; which is limited to the Opportunity Award only; the state's reported prior year average plus 2 points, rounded, but never less than 22;
d.e. if qualifying under §703.A.5.f; which is limited to the Performance Award only; a 24; and

A.7 – H.3 …

I. Deaf and Hard-of-Hearing Students
Any student who graduates from high school or completes an approved home study program during and after Academic Year (High School) 2004-2005 and who is eligible for a TOPS Opportunity, Performance, or Honors Award may use the award at an out-of-state college or university if all the following conditions are met:

(1) The college or university is nonpublic, and
(2) The college or university is accredited by a regional accrediting organization recognized by the United States Department of Education, and
(3) All programs and services at the college or university are specifically designed to accommodate deaf and hard-of-hearing students, and
(4) Deaf and hard-of-hearing students comprise the majority of students enrolled at the college or university at the undergraduate level, and
(5) The award recipient meets the admission requirements of the college or university that are applicable to deaf and hard-of-hearing students, and
(6) The award recipient must enroll as First-Time Freshman as defined in §301, unless granted an exception for cause by LASFAC, in the out-of-state college or university by the deadlines established in §703.A.4, and
(7) The award recipient must meet the requirements of Section 705 to continue receiving the TOPS Opportunity, Performance or Honors Awards, and
(8) The college or university complies with the requirements for postsecondary institutions provided in §1903.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3025, R.S. 17:3042.1 and R.S. 17:3048.1.
HISTORICAL NOTE: Adopted by the Student Financial Assistance Commission, Office of Student Financial Assistance LR 17: 959 (October 1991), amended LR 22:338 (May 1996), LR 23:1648. Promulgated LR 24:632 (April 1998), amended LR 24:1898 (October 1998), LR 25:2237 (December 1998), LR 25:257 (February 1999), LR 25:655 (April 1999), LR 25:1794 (October 1999), LR 26:64, 67 (January 2000), LR 26:689 (April 2000), LR 26:1262 (June 2000), LR 26:1602, 1998 (August 2000), LR 26:1996, 2001 (September 2000), LR 26:2268 (October 2000), LR 26:2753 (December 2000), LR 27:36 (January 2001), LR 27:702 (May 2001), LR 27:1219, 1219 (August 2001), LR 27:1850 (November 2001), LR 28:772 (April 2002), LR 28:2330, 2332 (November 2002), LR 29:125 (February 2003), LR 29:2372 (November 2003), LR 30:1162 (June 2004), LR 30:1471 (July 2004), LR 30:2019 (September 2004), LR 31:37 (January 2005).

Chapter 8. TOPS-TECH Award
§803. Establishing Eligibility

A.– A.6.b.

7. have achieved an ACT Score, as defined in §301, of at least:

a. if qualifying under §803.A.5.a, an ACT composite score of at least 17;
b. if qualifying under §803.A.5.b, c, or d or c, an ACT composite of at least 20; and
c. if qualifying under §803.A.5.d and successfully completing the twelfth grade level a home study program approved by BESE during or before the Academic Year (High School) 2003-2004 or during or after the Academic Year (High School) 2008-2009, an ACT composite of at least 20; and
d. if qualifying under §803.A.5.d and successfully completing the twelfth grade level a home study program approved by BESE during or after the Academic Year (High School) 2004-2005 or during the Academic Year (High School) 2007-2008, an ACT composite of at least 19; and

A.8. – A.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 30:1164 (June 2004), LR 30:2019 (September 2004), LR 31:39 (January 2005).

Chapter 19. Eligibility and Responsibilities of Postsecondary Institutions
§1901. Eligibility of Postsecondary Institutions to Participate

A.- D. …

E. Out-of-state colleges and universities may participate in TOPS if all the conditions of §703.I are met.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, R.S. 17:3042.1 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 (September 2000), LR 28:1864 (November 2001), LR 28:448 (March 2002), LR 30:784 (April 2004).

§1903. Responsibilities of Postsecondary Institutions

A. – B.6.b. …

c. LAICU member colleges and universities or an out-of-state college or university if all of the conditions of §703.I are met may bill for students enrolled in academic programs an amount up to the Weighted Average Award Amount, as defined in §301;

B.6.d. – G. …

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 – 050.4.
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 30:784 (April 2004), LR 30:1166 (June 2004), LR 31:40 (January 2005).

 

George Badge Eldredge
General Counsel