Louisiana Senate Bill SB138 Latest Draft

                            SLS 11RS-204	ORIGINAL
Page 1 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 138
BY SENATOR MARIONNEAUX 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TOPS. Converts TOPS to a loan forgiveness program beginning with students graduating
during the 2011-2012 school year and thereafter. (8/15/11)
AN ACT1
To amend and reenact Chapter 20-G of Title 17 of the Louisiana Revised Statutes of 1950,2
by enacting Part I of such Chapter, to be comprised of R.S. 17:3048, by designating3
R.S. 17:3048.1 and 3048.2 as Part II of such Chapter, by designating R.S. 17:3048.34
through 3048.7 as Part III of such Chapter, by enacting Part IV of such Chapter, to5
be comprised of R.S. 17:3048.11 and 3048.12, and by enacting Part V of such6
Chapter, to be comprised of R.S. 17:3048.21 through 3048.26, relative to the Taylor7
Opportunity Program for Students; to retain effectiveness of student eligibility and8
continuation requirements for awards made to high school graduates through the9
2010-2011 school year; to reestablish the program as a loan program beginning with10
the high school graduates of the 2011-2012 school year; to provide for the adoption11
of rules; to provide relative to repayment; to provide for forgiveness of the loan for12
any student upon completion of eligibility or college graduation; to create the Taylor13
Opportunity Program for Students Loan Fund in the state treasury; to require14
students to sign a promissory note agreeing to the terms of the loan before accepting15
a TOPS-Tech, Opportunity, Performance, or Honors loan; to provide relative to16
collection and garnishment proceedings; to require an annual report to the17 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 2 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
legislature; to provide for appropriations for loan operations; to provide for1
effectiveness; to continue payment of monies for books and other instructional2
materials for those eligible persons serving in the Louisiana National Guard and3
participating in the tuition exemption program; to retain the program requirements4
and implementation of the TOPS-Tech Early Start Award; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part I of Chapter 20-G of the Louisiana Revised Statutes of 1950, to be8
comprised of R.S. 17:3048, is hereby enacted to read as follows:9
CHAPTER 20-G. LOUISIANA TAYLOR OPPORTUNITY10
PROGRAM FOR STUDENTS11
PART I. EFFECTIVENESS OF THE TAYLOR OPPORTUNITY12
PROGRAM FOR STUDENTS - SCHOLARSHIP AND LOAN FORGIVENESS13
§3048. Taylor Opportunity Program for Students; scholarship; loan14
forgiveness; effectiveness15
A.(1) The merit scholarship program established pursuant to the16
provisions of Part II of this Chapter shall be effective and continue to be17
effective for any student who graduates from high school through the 2010-201118
school year and who meets the requirements and is awarded a TOPS-Tech,19
Opportunity, Performance or Honors Award until the student's program20
eligibility ends or graduation from an eligible college or university occurs.21
(2) The provisions of Part V shall in no way affect any TOPS-Tech,22
Opportunity, Performance or Honors Award that has been awarded to a23
student pursuant to the provisions of Part II of this Chapter.24
B. The loan forgiveness program established pursuant to the provisions25
of Part V of this Chapter shall be effective for any student who graduates from26
high school during the 2011-2012 school year and thereafter and who meets the27
requirements of such Part and is issued a TOPS-Tech, Opportunity,28
Performance or Honors loan.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 3 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. R.S. 17:3048.1 and 3048.2 are hereby designated as Part II of1
Chapter 20-G of the Louisiana Revised Statutes of 1950, the title of which shall read2
as follows:3
PART II. TAYLOR OPPORTUNITY PROGRAM4
FOR STUDENTS - SCHOLARSHIP5
Section 3. R.S. 17:3048.3 through 3048.7 are hereby designated as Part III6
of Chapter 20-G of the Louisiana Revised Statutes of 1950, the title of which shall7
read as follows:8
PART III. TAYLOR OPPORTUNITY PROGRAM FOR9
STUDENTS - GENERAL PROVISIONS10
Section 4. Part IV of Chapter 20-G of the Louisiana Revised Statutes of11
1950, to be comprised of R.S. 17:3048.11 and 3048.12, is hereby enacted to read as12
follows:13
PART IV. TAYLOR OPPORTUNITY PROGRAM FOR14
STUDENTS - RELATED PROGRAMS15
§3048.11. Louisiana National Guard; books and other instructional materials16
A. In lieu of issuance of a loan as provided in Part V of this Chapter, any17
student participating in the program pursuant to R.S. 29:36.1 for persons18
serving in the Louisiana National Guard shall receive the tuition exemption as19
provided therein.20
B. For any student who is participating in the tuition exemption program21
provided by R.S. 29:36.1 and who also meets the qualifications provided in Part22
V of this Chapter for receipt of an Opportunity or TOPS-Tech loan, the state23
shall pay on behalf of such student a sum of three hundred dollars per semester24
or six hundred dollars per academic year to be applied toward the cost of books25
and other instructional materials.26
C. For any student who is participating in the tuition exemption program27
provided by R.S. 29:36.1 and who also meets the qualifications provided in Part28
V of this Chapter for receipt of a Performance Loan, the state shall pay on29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 4 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
behalf of the student a sum of three hundred dollars per semester or six1
hundred dollars per academic year to be applied toward the cost of books and2
other instructional materials plus the sum of four hundred dollars per semester3
or eight hundred dollars per academic year for other educational expenses as4
defined by the Louisiana Student Financial Assistance Commission.5
D. For any student who is participating in the tuition exemption program6
provided by R.S. 29:36.1 and who also meets the qualifications provided in Part7
V of this Chapter for receipt of an Honors Loan, the state shall pay on behalf8
of the student a sum of three hundred dollars per semester or six hundred9
dollars per academic year to be applied toward the cost of books and other10
instructional materials plus the sum of eight hundred dollars per semester or11
one thousand six hundred dollars per academic year for other educational12
expenses as defined by the Louisiana Student Financial Assistance Commission.13
§3048.12. TOPS-Tech Early Start Award; purpose; eligibility; award amounts14
limitations; administration; implementation; reports15
A. The TOPS-Tech Early Start Award is hereby established as part of16
the Louisiana Taylor Opportunity Program for Students for eligible eleventh17
and twelfth grade students attending Louisiana public high schools.18
B.(1) A TOPS-Tech Early Start Award may be used at a Louisiana19
public postsecondary education institution for the purpose of pursuing an20
industry-based occupational or vocational education credential as defined by21
the Board of Regents when such credential also meets all of the following22
conditions:23
(a) Is identified by the Occupation Forecasting Conference as a24
credential for an occupation in top demand in Louisiana.25
(b) Is recognized by the State Industry-Based Certification Council.26
(c) Is approved by the State Board of Elementary and Secondary27
Education and by the Board of Supervisors of Community and Technical28
Colleges.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 5 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) An eligible recipient may receive a TOPS-Tech Early Start Award for1
two semesters during the eleventh grade and two semesters during the twelfth2
grade, excluding summer sessions.3
(3) The administering agency, on behalf of a TOPS-Tech Early Start4
Award recipient, shall pay to the Louisiana postsecondary education institution5
in which the student is enrolled in an eligible program of studies an amount of6
one hundred fifty dollars for each three credit-hour or equivalent time course7
taken by the student, not to exceed two such courses per high school semester8
for an eleventh-grade student and two such courses per high school semester for9
a twelfth-grade student.10
(4) Implementation of the provisions of this Section shall be subject to11
the appropriation of funds for this purpose.12
C. An application for a TOPS-Tech Early Start Award shall be required13
at a time and in a manner and form established by the administering agency.14
At a minimum, information necessary to fully inform Louisiana public high15
school students and their parents on the requirements of and procedures for16
applying for the award shall be made available by the administering agency in17
the same manner as required by law for other awards provided by the Taylor18
Opportunity Program for Students.19
D. To be eligible for an initial TOPS-Tech Early Start Award, a student20
shall meet each of the following conditions and comply with other applicable21
provisions of this Section and administering agency rules:22
(1) Be in the eleventh or twelfth grade in a Louisiana public school.23
(2) Have prepared a five-year education and career plan, including a24
sequence of related courses with a career focus as provided by Subpart A-1 of25
Part III of Chapter 1 of this Title.26
(3) Have a cumulative high school grade point average on all courses27
attempted of not less than 2.0 when calculated on a 4.0 scale.28
(4) Have at least the minimum scores required to pass the mathematics29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 6 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and English portions of the graduation exit exam established by the State Board1
of Elementary and Secondary Education.2
(5) Score at least fifteen on the English subsection and fifteen on the3
mathematics subsection of the ACT PLAN assessment administered as part of4
Louisiana's Educational Planning and Assessment System.5
E. To maintain continuing eligibility for a TOPS-Tech Early Start6
Award, a student must meet each of the following conditions and comply with7
other applicable provisions of this Section and administering agency rules:8
(1) Be a student in good standing in a Louisiana public high school.9
(2) Maintain a cumulative high school grade point average on all courses10
attempted of not less than 2.0 when calculated on a 4.0 scale.11
(3) Be a student in good standing while enrolled in a Louisiana public12
postsecondary education institution and continue to pursue one or more courses13
leading to an industry-based credential.14
F.(1) The provisions of this Section shall be administered by the15
Louisiana Student Financial Assistance Commission, herein referred to as the16
"administering agency". Except as otherwise provided by this Section, the17
authority granted to and limitations placed on the administering agency by R.S.18
17:3048.22 relative to administering other awards pursuant to the Taylor19
Opportunity Program for Students shall be deemed to apply also to the20
administration of the TOPS-Tech Early Start Award.21
(2) The agency shall adopt, in accordance with the Administrative22
Procedure Act, rules to implement and administer the provisions of this Section.23
These rules shall include but not be limited to necessary guidelines, policies,24
procedures, forms, and time lines.25
G. Prior to the convening of each regular legislative session, the Board26
of Regents, in consultation with the Louisiana Student Financial Assistance27
Commission, shall provide to the governor, the House Committee on Education,28
and the Senate Committee on Education a written review and analysis of29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 7 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
TOPS-Tech Early Start Awards relative to award use by students and the1
benefits therefrom as well as the impact on subsequent use by students of2
TOPS-Tech awards.3
Section 5. Part V of Chapter 20-G of the Louisiana Revised Statutes of 1950, to be4
comprised of R.S. 17:3048.21 through 3048.26, is hereby enacted to read as follows:5
PART V. TAYLOR OPPORTUNITY PROGRAM6
FOR STUDENTS - LOAN FORGIVENESS7
§3048.21.  Taylor Opportunity Program for Students; loan forgiveness8
A. Pursuant to this Part, beginning with students who graduate from9
high school during the 2011-2012 school year and thereafter, the state, through10
and under the administration of the Louisiana Student Financial Assistance11
Commission, hereinafter referred to as the "commission" or the "administering12
agency", shall make an interest bearing educational loan to an applicant who13
meets the requirements of this Part for an Opportunity, Performance, Honors14
or TOPS-Tech loan.15
B. It is the purpose and intent of this Part to make an educational loan16
to any student who enrolls on a full-time basis in a public college or university17
in this state or a regionally accredited independent college or university in this18
state that is a member of the Louisiana Association of Independent Colleges and19
Universities, hereafter in this Part referred to collectively as "eligible colleges20
or universities", to pursue an academic degree or, as provided by this Part, or21
skill or occupational training, including a vocational or technical education22
certificate or diploma program or a nonacademic undergraduate degree, and23
who meets the qualifications and requirements as provided in this Part.24
C.(1) Except as provided in Paragraph (2) of this Subsection, a student25
for whom a loan is made by the commission pursuant to the provisions of this26
Part shall be required to repay the full amount of the loan, plus accrued27
interest, to the commission with repayment commencing twelve months after28
eligibility for a loan has terminated or six months after full-time attendance at29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 8 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
an eligible college or university has ended.1
(2)(a) After a student has completed eligibility in accordance with R.S.2
17:3048.22(H) or upon graduation from an eligible college or university,3
whichever occurs first, and before repayment commences, the commission shall4
forgive the full amount of the loan disbursements made under this Part, and the5
interest accrued thereon, provided the student has completed and met all the6
requirements set forth in this Part to maintain continued state payments of a7
loan through completion of eligibility or graduation.8
(b) If a student obtains a baccalaureate degree without using all his9
eligibility under R.S. 17:3048.22(H) and has his previous loans forgiven, but10
accepts an additional education loan under this Part to enroll in graduate or11
professional school pursuant to R.S. 17:3048.22(H)(3), the commission shall12
forgive the full amount of the new loan disbursements, and the interest accrued13
thereon, if the student completes eligibility in accordance with R.S.14
17:3048.22(H) or upon graduation from an eligible college or university,15
whichever occurs first, and before repayment commences, provided the student16
has completed and met all the requirements set forth in this Part to maintain17
continued state payments of a loan through completion of eligibility or18
graduation.19
D.(1) The administering agency may provide by rule in accordance with20
the Administrative Procedure Act for all matters necessary to the21
implementation of this Part.22
(2) The administering agency shall provide by rule as follows:23
(a) Terms and conditions for loans.24
(b) The form of the promissory note.25
(c) The form of execution of the promissory note, including a method to26
electronically sign.27
(d) Procedures for repayment of loans, including, but not limited to,28
terms of repayment agreements, payment schedules, minimum payments,29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 9 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
deferments, forbearances, and reasons for deferment and forbearance.1
(e) Management of repayment monies received.2
(f) A definition of "default."3
(g) Default aversion procedures.4
(h) Circumstances under which a loan may be discharged.5
(i) Procedures for collection of defaulted, unforgiven loans.6
(j) All other matters necessary to administer the program in compliance7
with this Part.8
E. The administering agency shall collect repayment of unforgiven loans9
and may contract with the Department of Justice pursuant to R.S. 49:257 to10
pursue repayment of loans.11
§3048.22. Program loans; eligibility; amounts; limitations; funding;12
administration13
A.(1) As part of the Louisiana Taylor Opportunity Program for14
Students, the state shall financially assist any student who enrolls on a full-time15
basis in a public college or university in this state or a regionally accredited16
independent college or university in the state that is a member of the Louisiana17
Association of Independent Colleges and Universities, hereafter in this Part18
referred to collectively as "eligible colleges or universities", to pursue an19
academic undergraduate degree or, as provided by this Subsection, skill or20
occupational training as defined by the Board of Regents, including a vocational21
or technical education certificate or diploma program or a nonacademic22
undergraduate degree, and who meets the qualifications of Subparagraph (b),23
(c), or (d) of this Paragraph and all of the applicable following qualifications:24
(a)(i)(aa) For a student graduating from high school during the 2011-25
2012 school year and thereafter, is a citizen of the United States and if an26
independent student, as defined by the administering agency, is a resident of27
Louisiana or if a dependent student, as defined by the administering agency, has28
a parent or court-ordered custodian who is a resident of Louisiana during the29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 10 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
twenty-four months preceding the date of the student's graduation from high1
school, or is the dependent child of a resident of Louisiana on active duty with2
the United States Armed Forces who is stationed outside Louisiana but who3
claims Louisiana as his official state of legal residence and who has filed a4
Louisiana state income tax return for the most recent two years, or is the5
dependent child of a nonresident of Louisiana on active duty with the United6
States Armed Forces who is stationed in Louisiana under permanent change of7
station orders and who not later than one hundred eighty days after reporting8
to such station changes his military personnel records to establish Louisiana as9
his official state of legal residence and complies with Louisiana income tax laws10
and regulations for the time period while stationed in Louisiana.11
(bb) Notwithstanding the requirements of Subitem (aa) of this Item, any12
independent or dependent student who is a resident of this state and who13
graduates from a public or approved nonpublic high school in this state meet14
the requirements of this Item if he is a citizen of the United States and actually15
resides or lives in this state for the period of his last two full years of high school16
culminating in graduation as certified by the high school.17
(ii) Notwithstanding the requirements of Item (i) of this Subparagraph:18
(aa)  Any independent or dependent student who is a resident of this19
state and who graduates from a public or approved nonpublic high school in20
this state shall meet the requirements of this Subparagraph if he is a citizen of21
the United States and actually resides or lives in this state for the period of his22
last two full years of high school culminating in graduation as certified by the23
high school.24
(bb) Any student who is the dependent child of a member of the United25
States Armed Forces who is not a resident of this state, is living in this state26
under permanent change of station orders but does not claim Louisiana as his27
state of legal residence, who graduates from a public or approved nonpublic28
high school shall meet the requirements of this Subparagraph if he is a citizen29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 11 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the United States and actually lives in this state for the period of his last two1
full years of high school culminating in graduation as certified by the high2
school.3
(iii) With regard to meeting the requirements of being a citizen of the4
United States, a student who is not a citizen of the United States but who is a5
permanent resident, as defined by the United States Immigration and6
Naturalization Service, and is eligible to apply for United States citizenship shall7
be deemed to satisfy the citizenship requirement of this Subparagraph.8
(iv) For the purposes of this Subparagraph, residency shall be9
demonstrated by proof of the following as required by the administering agency10
or by other proof required by the administering agency by rule:11
(aa) If registered to vote, is registered in Louisiana.12
(bb) If licensed to drive a motor vehicle, is in possession of a Louisiana13
driver's license.14
(cc) If owning a motor vehicle located within Louisiana, is in possession15
of Louisiana registration for that vehicle.16
(dd) If earning an income, has filed a Louisiana state income tax return17
and has complied with state income tax laws and regulations.18
(b)(i) Has been certified as provided in Subsection D of this Section to19
have graduated from a public high school or a nonpublic high school which has20
been approved by the State Board of Elementary and Secondary Education, has21
a minimum cumulative grade point average of 2.50 calculated on a 4.00 scale,22
has a composite score on the ACT which is at least equal to or higher than the23
state's average composite score, rounded to the nearest whole number, reported24
for the prior year but never less than twenty or an equivalent concordant value25
on an enhanced or revised version of such test or on the Scholastic Aptitude26
Test, and, unless granted an exception for cause by the administering agency,27
has enrolled in an eligible college or university as a first-time freshman not later28
than the semester, excluding summer semesters or sessions, immediately29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 12 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
following the first anniversary of the date that the student graduated from high1
school or, if the student joins the United States Armed Forces within one year2
after graduating from high school, has enrolled in an eligible college or3
university as a first-time freshman not later than the semester, excluding4
summer semesters or sessions, immediately following the fifth anniversary of5
the date that the student graduated from high school. As distinguished from all6
other students qualifying for this program, a student who meets the7
requirements of this Subparagraph shall be eligible for an "Opportunity Loan"8
for the purposes of this program.9
(ii) The minimum cumulative grade point average specified in Item (i)10
of this Subparagraph shall be calculated by using only the grades obtained by11
the student in completing the core curriculum requirements established by this12
Section.13
(c)(i) Has been certified as provided in Subsection D of this Section to14
have graduated from a public high school or nonpublic high school which has15
been approved by the State Board of Elementary and Secondary Education, has16
enrolled, unless granted an exception for cause by the administering agency, in17
an eligible college or university as a first-time freshman not later than the18
semester, excluding summer semesters or sessions, immediately following the19
first anniversary of the date that the student graduated from high school or, if20
the student joins the United States Armed Forces within one year after21
graduating from high school, has enrolled in an eligible college or university as22
a first-time freshman not later than the semester, excluding summer semesters23
or sessions, immediately following the fifth anniversary of the date that the24
student graduated from high school, has achieved a minimum cumulative grade25
point average of 3.00 calculated on a 4.00 scale, and has a composite score on26
the ACT of twenty-three or higher or an equivalent concordant value on any27
enhanced or revised version of such test or on the Scholastic Aptitude Test. As28
distinguished from all other students qualifying for this program, a student who29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 13 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
meets the requirements of this Subparagraph shall be eligible for a1
"Performance Loan" for the purposes of this program.2
(ii) The minimum cumulative grade point average specified in Item (i)3
of this Subparagraph shall be calculated by using only the grades obtained by4
the student in completing the core curriculum requirements established by this5
Section.6
(d)(i) Has been certified as provided in Subsection D of this Section to7
have graduated from a public high school or nonpublic high school which has8
been approved by the State Board of Elementary and Secondary Education with9
a minimum cumulative grade point average of 3.00 on a 4.00 scale and a score10
of twenty-seven or higher on the ACT or an equivalent concordant value on any11
enhanced or revised version of such test or on the Scholastic Aptitude Test, and,12
unless granted an exception for cause by the administering agency, has enrolled13
in an eligible college or university as a first-time freshman not later than the14
semester, excluding summer semesters or sessions, immediately following the15
first anniversary of the date that the student graduated from high school or, if16
the student joins the United States Armed Forces within one year after17
graduating from high school, has enrolled in an eligible college or university as18
a first-time freshman not later than the semester, excluding summer semesters19
or sessions, immediately following the fifth anniversary of the date that the20
student graduated from high school. As distinguished from all other students21
qualifying for this program, a student who meets the requirements of this22
Subparagraph shall be eligible for a "Honors Loan" for the purposes of this23
program.24
(ii) The minimum cumulative grade point average specified in Item (i)25
of this Subparagraph shall be calculated by using only the grades obtained by26
the student in completing the core curriculum requirements established by this27
Section.28
(e) Except as otherwise provided by this Section and through the 2012-29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 14 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
2013 school year, meets standards for admission to the desired college or1
university and has successfully completed at least seventeen and one-half units2
of high school course work as permitted by this Subparagraph, which3
constitutes a core curriculum. Except as otherwise provided by this Section and4
beginning with the 2013-2014 school year and thereafter, meets the standards5
for admissions to the desired college or university and has successfully6
completed at least nineteen units of high school course work as permitted by7
this Subparagraph, which constitutes a core curriculum. Except as otherwise8
provided by this Section, the core curriculum shall be defined as follows:9
(i) English I, II, III, and IV (four units).10
(ii) Algebra I (one unit) or Applied Algebra 1A and 1B (two units) and11
Algebra II (one unit).12
(iii) Geometry, Calculus, or comparable Advanced Mathematics (one13
unit through the 2012-2013 school year, two units beginning with the 2013-201414
school year and thereafter).15
(iv) Biology (one unit).16
(v) Chemistry (one unit).17
(vi) Earth Science, Environmental Science, Physical Science, Biology II,18
Chemistry II, Physics, Physics II, Physics for Technology, or Agriscience I and19
II (both for one unit)(one unit through the 2012-2013 school year, two units20
beginning with the 2013-2014 school year and thereafter).21
(vii) American History (one unit).22
(viii) World History, Western Civilization, or World Geography (one23
unit through the 2012-2013 school year, two units beginning with the 2013-201424
school year and thereafter).25
(ix) Civics and Free Enterprise (one unit combined) or Civics (one unit,26
nonpublic).27
(x) Fine Arts Survey (one unit; or substitute two units of performance28
courses in music, dance, or theater; or substitute two units of visual art courses;29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 15 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or substitute two units of studio art courses; or substitute one unit as an elective1
from among the other subjects listed in this core curriculum).2
(xi) Foreign Language (two units in a single language).3
(xii) Computer Science, Computer Literacy, or Business Computer4
Applications (one-half unit; or substitute at least one-half unit of an elective5
course related to computers that is approved by the State Board of Elementary6
and Secondary Education; or substitute at least one-half unit as an elective from7
among the other subjects listed in this core curriculum). The provisions of this8
Item shall not be applicable to any student who graduates during the 2013-20149
school year or thereafter.10
(xiii) For students who graduate through the 2012-2013 school year, at11
least one unit as an elective from among the following math subjects: Geometry,12
Calculus, or approved advanced math substitute, or the following science13
subjects: Biology II, Chemistry II, Physics or Physics II.14
(f) Students funded through the Louisiana minimum foundation15
program and who are attending any high school in an adjoining state pursuant16
to an agreement in effect as of June 4, 1994, between the parish school system17
and the local governing authority of the school in the adjoining state, shall be18
considered as having graduated from a state-approved nonpublic high school19
for the purpose of qualifying under Subparagraphs (A)(1)(b), (c), and (d) of this20
Section.21
(2) Any student who is eligible for an Opportunity Loan in accordance22
with Subparagraph (A)(1)(b) of this Section, who has enrolled in any public23
college or university in the state to pursue an academic undergraduate degree24
or skill or occupational training, including a vocational or technical education25
certificate or diploma program or a nonacademic undergraduate degree, and26
who meets the qualifications enumerated in Subparagraphs (A)(1)(a) and (e) of27
this Section, shall be issued by the state an amount determined by the28
administering agency to equal the tuition charged by the public college or29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 16 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
university attended in the state. For any student who meets such qualifications1
and who has enrolled at any regionally accredited independent college or2
university in the state which is a member of the Louisiana Association of3
Independent Colleges and Universities to pursue an academic undergraduate4
degree or skill or occupational training, including a vocational or technical5
education certificate or diploma program or a nonacademic undergraduate6
degree, the state shall issue a loan in an amount to be determined by the7
administering agency to equal the weighted average of amounts paid under this8
Section for students attending public colleges and universities that offer9
academic undergraduate degrees at the baccalaureate level or an amount to be10
determined by the administering agency to equal the weighted average of11
amounts paid under this Section for students attending public colleges and12
universities who are enrolled in the permitted skill or occupational training, as13
may be applicable.14
(3) Any student who is eligible for a Performance or Honors loan in15
accordance with Subparagraph (A)(1)(c) or (d) of this Section and who meets16
the qualifications enumerated in Subparagraphs (A)(1)(a) and (e) of this17
Section, shall have payments made on their behalf as follows:18
(a)(i) For any student who is eligible to receive an Honors Loan in19
accordance with Subparagraph (A)(1)(d) of this Section and who has enrolled20
at any public college or university in the state to pursue an academic21
undergraduate degree or to pursue skill or occupational training, including a22
vocational or technical education certificate or diploma program or a23
nonacademic undergraduate degree, the state shall issue a loan in the amount24
determined by the administering agency to equal the tuition charged by the25
public college or university attended in the state. The state shall pay a stipend26
that is not subject to repayment by students who receive the Honors Loan in the27
amount of four hundred dollars per semester or eight hundred dollars per28
academic year.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 17 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(ii) For any student who is eligible to receive an Honors Loan in1
accordance with Subparagraph (A)(1)(d) of this Section and who has enrolled2
at any regionally accredited independent college or university in the state which3
is a member of the Louisiana Association of Independent Colleges and4
Universities to pursue an academic undergraduate degree or skill or5
occupational training, including a vocational or technical education certificate6
or diploma program or a nonacademic undergraduate degree, the state shall7
issue a loan in an amount determined by the administering agency to equal the8
weighted average of the amounts loaned under this Section for students9
attending public colleges and universities that offer academic undergraduate10
degrees at the baccalaureate level or an amount to be determined by the11
administering agency to equal the weighted average of amounts paid under this12
Section for students attending public colleges and universities who are enrolled13
in the permitted skill or occupational training, as may be applicable. The state14
shall pay a stipend that is not subject to repayment by students who receive the15
Honors Loan in the amount of four hundred dollars per semester or eight16
hundred dollars per academic year.17
(b)(i) For any student who is eligible to receive a Performance Loan in18
accordance with Subparagraph (A)(1)(c) of this Section and who has enrolled19
at any public college or university in the state to pursue an academic20
undergraduate degree or to pursue skill or occupational training, including a21
vocational or technical education certificate or diploma program or a22
nonacademic undergraduate degree, the state shall issue a loan in the amount23
equal to the tuition charged by the public college or university attended in the24
state. The state shall pay a stipend that is not subject to repayment by students25
who receive the Performance Loan in the amount of two hundred dollars per26
semester or four hundred dollars per academic year.27
(ii) For any student who is eligible to receive a Performance Loan in28
accordance with Subparagraph (A)(1)(c) of this Section and who has enrolled29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 18 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
at any regionally accredited independent college or university in the state which1
is a member of the Louisiana Association of Independent Colleges and2
Universities to pursue an academic undergraduate degree or skill or3
occupational training, including a vocational or technical education certificate4
or diploma program or a nonacademic undergraduate degree, the state shall5
issue a loan in the amount determined by the administering agency to equal the6
weighted average of the amounts loaned under this Section for students7
attending public colleges and universities that offer academic undergraduate8
degrees at the baccalaureate level or the amount to be determined by the9
administering agency to equal the weighted average of amounts paid under this10
Section for students attending public colleges and universities who are enrolled11
in the permitted skill or occupational training, as may be applicable. The state12
shall pay a stipend that is not subject to repayment by students who receive the13
Performance Loan in the amount of two hundred dollars per semester or four14
hundred dollars per academic year.15
(4) To continue to receive state educational loans under this Part once16
enrolled in college, a student shall meet all of the following:17
(a)(i) If pursuing an academic undergraduate degree, make steady18
academic progress toward a degree as defined by the administering agency,19
earning not less than the minimum number of hours of credit required for full-20
time standing in each academic year or the required number of hours needed21
to complete the undergraduate degree during that semester or quarter.22
(ii) If pursuing skill or occupational training as provided for by this23
Subsection, make steady academic progress as defined by the administering24
agency toward completion of the requirements of the program in which enrolled25
earning not less than the minimum number of hours of credit required for full-26
time standing or the required number of hours needed to complete the27
program's requirements.28
(iii) If at any time a student fails to maintain the cumulative grade point29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 19 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
average required for continuation in the program or as of the end of any1
semester or term during the academic year fails to make steady academic2
progress as defined by the administering agency, such student shall become3
ineligible for further educational loans under this Part. Educational loans in the4
amount authorized in Paragraph (A)(2) of this Section regardless of whether the5
originally granted loan was an Opportunity, Performance, or Honors loan may6
be reinstated upon attainment of the grade point average required by this7
Paragraph for a student to continue to receive state educational loans under this8
Part once enrolled in college and the standards for steady academic progress as9
defined by the administering agency, provided that the student has maintained10
other continuation requirements and the period of ineligibility did not persist11
for more than two years from the date of loss of eligibility. If this two-year12
period is interrupted due to a student's active duty service in the United States13
Armed Forces, the two-year period shall be extended for a length of time equal14
to the student's active duty service, not to exceed four years.15
(b)(i) If pursuing an academic undergraduate degree, maintain16
continuous enrollment for not less than two semesters or three quarters in each17
successive academic year, unless granted an exception for cause by the18
administering agency.19
(ii) If pursuing skill or occupational training as provided for by this20
Subsection, maintain continuous enrollment as a full-time student unless21
granted an exception for cause by the administering agency.22
(c) For students who are eligible for an Opportunity Loan under23
Subparagraph A(1)(b) of this Section, have a cumulative grade point average24
of the following as evaluated at the end of each academic year:25
(i) At least 2.30 calculated on a 4.00 scale after completion of twenty-four26
hours of credit.27
(ii) At least 2.50 calculated on a 4.00 scale after completion of forty-eight28
hours of credit.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 20 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(d)(i) For students who are eligible to receive a Performance or Honors1
loan under Subparagraph A(1)(c) or (d) of this Section, have a cumulative grade2
point average of at least 3.00 on a 4.00 scale at the end of each academic year.3
(ii) However, if at any time an otherwise eligible student receiving a4
Performance or an Honors loan in accordance with the provisions of this Part5
fails to have a cumulative grade point average of at least 3.00 on a 4.00 scale at6
the end of any academic year but has and continues to maintain a cumulative7
grade point average at least equal to that required by Subparagraph (c) of this8
Paragraph for continued receipt of educational loans by a recipient of an9
Opportunity Loan, the student receiving a Performance or Honors loan shall10
remain eligible for state educational loans but only in the amount provided for11
in Paragraph (A)(2) of this Section for a recipient of an Opportunity Loan. The12
students shall no longer be eligible for the stipends authorized for the13
Performance and Honors loans. The provisions of this Item shall apply to all14
students who receive a Performance or an Honors loan.15
(5)(a) Notwithstanding any provision of this Section to the contrary, any16
student who meets all applicable initial and continuing program eligibility17
requirements of this Section for an Opportunity, Performance, or Honors loan18
may use the proceeds of such loan at an out-of-state nonpublic college or19
university when each of the following conditions is met:20
(i) The college or university is accredited by a regional accrediting21
organization recognized by the United States Department of Education.22
(ii) All programs and services at the college or university are specifically23
designed to accommodate deaf and hard-of-hearing students.24
(iii) Deaf and hard-of-hearing students comprise the majority of students25
enrolled at the college or university at the undergraduate level.26
(iv) The loan recipient meets the admission requirements of the college27
or university that are applicable to deaf and hard-of-hearing students.28
(v) The college or university provides to the administering agency such29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 21 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
information as would otherwise be required by the agency for program1
administration purposes from an eligible Louisiana college or university if the2
student was enrolled in such Louisiana institution.3
(b)(i) For any student who is the recipient of an Opportunity Loan and4
who is eligible to use the loan at an out-of-state nonpublic college or university5
pursuant to the provisions of Subparagraph (a) of this Paragraph, the state shall6
issue a loan in the amount determined by the administering agency to equal the7
weighted average of amounts paid under this Section for students attending8
Louisiana public colleges and universities that offer academic undergraduate9
degrees.10
(ii) For any student who is the recipient of a Performance Loan and who11
is eligible to use the loan at an out-of-state nonpublic college or university12
pursuant to the provisions of Subparagraph (a) of this Paragraph, the state shall13
issue a loan in the amount determined by the administering agency to equal the14
weighted average of amounts paid under this Section for students attending15
Louisiana public colleges and universities that offer academic undergraduate16
degrees. The state shall pay a stipend that is not subject to repayment by17
students who receive the Performance Loan in the amount of two hundred18
dollars per semester or four hundred dollars per academic year.19
(iii) For any student who is the recipient of an Honors Loan and who is20
eligible to use the loan at an out-of-state nonpublic college or university21
pursuant to the provisions of Subparagraph (a) of this Paragraph, the state shall22
issue a loan in the amount determined by the administering agency to equal the23
weighted average of amounts paid under this Section for students attending24
Louisiana public colleges and universities that offer academic undergraduate25
degrees. The state shall pay a stipend that is not subject to repayment by26
students who receive the Honors Loan in the amount of four hundred dollars27
per semester or eight hundred dollars per academic year.28
B.(1) A student who meets the requirements of this Subsection shall be29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 22 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the recipient of a "TOPS-Tech Loan" for the purposes of this program.1
(2) As part of the Louisiana Taylor Opportunity Program for Students,2
the state shall issue a loan in the amount determined by the administering3
agency in accordance with the provisions of Subparagraph (e) of this Paragraph4
for any student who enrolls on a full-time basis in an eligible college or5
university as defined in Subsection A of this Section to pursue skill or6
occupational training as defined by the Board of Regents, including a vocational7
or technical education certificate or diploma program or a nonacademic8
undergraduate degree, and who meets the following qualifications and all other9
applicable qualifications of this Part:10
(a) Complies with the provisions of Subparagraphs (A)(1)(a) and (b) of11
this Section, except that the student shall have a composite score on the specified12
ACT of seventeen or higher or an equivalent concordant value on any enhanced13
or revised version of such test or on the Scholastic Aptitude Test. The student14
may, as an alternative requirement, have attained a silver level score on the15
assessments of the ACT WorkKeys system.16
(b) Except as otherwise provided by this Section, has successfully17
completed a core curriculum, and meets standards for admission to the desired18
eligible college or university. Except as otherwise provided by this Section, a19
student may qualify for a TOPS-Tech Loan by meeting the core curriculum20
requirements of Subparagraph (A)(1)(e) of this Section or the core curriculum21
defined as follows:22
(i) English I, II, III, and IV (four units, or substitute one unit of Business23
English for English IV).24
(ii) Algebra I (one unit); or both Algebra I, Part 1 and Algebra I, Part 2;25
or both Applied Mathematics I and Applied Mathematics II.26
(iii) Geometry, Applied Mathematics III, Algebra II, Financial27
Mathematics, Advanced Mathematics I, Advanced Mathematics II, Discrete28
Mathematics, or Probability and Statistics (two units). Integrated Mathematics29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 23 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
I, II, and III may be substituted for Algebra I, Geometry, and Algebra II, and1
shall be considered the equivalent of the three required math units.2
(iv) Biology (one unit).3
(v) Chemistry or Applied Chemistry (one unit).4
(vi) Earth Science, Environmental Science, Agriscience I and II (both for5
one unit), Physical Science, Integrated Science, Biology II, Chemistry II,6
Physics, Physics II, or Physics for Technology (one unit).7
(vii) American History (one unit).8
(viii) World History, Western Civilization, or World Geography (one9
unit).10
(ix) Civics and Free Enterprise (one unit combined) or Civics (one unit,11
nonpublic).12
(x) Remaining core courses shall be selected from one of the following13
options:14
(aa) OPTION 1, consisting of four units as follows:15
(I) Fine Arts Survey (one unit) or substitute two units of performance16
courses in music, dance, or theater; or substitute two units of visual art courses;17
or substitute two units of studio art courses; or a course from the career and18
technical program of studies that is approved by the State Board of Elementary19
and Secondary Education; or substitute one unit as an elective from among the20
other subjects listed in this core curriculum.21
(II) Foreign Language, Technical Writing, Speech I, or Speech II (two22
units).23
(III) One unit from the secondary computer education program of24
studies that is approved by the State Board of Elementary and Secondary25
Education.26
(bb) OPTION 2, consisting of six units required as a concentration under27
the career options law as follows:28
(I) At least four units in a career major comprised of a sequence of29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 24 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
related specialty courses.1
(II) At least two units in related or technical fields, including credit in a2
basic computer course.3
(c) Students funded through the Louisiana minimum foundation4
program and who are attending any high school in an adjoining state pursuant5
to an agreement in effect as of June 4, 1994, between the parish school system6
and the local governing authority of the school in the adjoining state shall be7
considered as having graduated from a state-approved nonpublic high school8
for the purpose of qualifying under this Section.9
(d)(i) For any student attending an eligible public college or university10
that does not offer an academic undergraduate degree at the baccalaureate level11
or higher, the amount shall equal the actual cost of tuition.12
(ii) For any student attending an eligible college or university other than13
as provided for in Item (i) of this Subparagraph, the amount shall equal the14
weighted average of amounts paid pursuant to Item (i) of this Subparagraph.15
(3) To continue to receive state educational loans under this Subsection16
once enrolled in an institution, a student shall meet all of the following:17
(a) Make steady academic progress as defined by the administering18
agency toward completion of the requirements of the program in which enrolled19
earning not less than the minimum number of hours of credit required for full-20
time standing or the required number of hours needed to complete the21
program's requirements. If at any time a student fails to maintain the22
cumulative grade point average required for continuation in the program or as23
of the end of any term during the school year fails to make steady academic24
progress as defined by the administering agency, the student shall become25
ineligible for further receipt of educational loans under this Part. Educational26
loans may be reinstated upon attainment of the grade point average required27
for continuation of the original loan and the standards for steady academic28
progress as defined by the administering agency, provided that the student has29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 25 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
maintained other continuation requirements and the period of ineligibility did1
not persist for more than one year from the date of loss of eligibility. If this one-2
year period is interrupted due to a student's active duty service in the United3
States Armed Forces, the one-year period shall be extended for a length of time4
equal to the student's active duty service, not to exceed four years.5
(b) Maintain continuous enrollment as a full-time student unless granted6
an exception for cause by the administering agency.7
(c) Have a cumulative grade point average of at least 2.5 calculated on8
a 4.00 scale.9
(4)(a) In addition to the provisions of the introductory paragraph of10
Paragraph (A)(1) of this Section, for purposes of the TOPS-Tech Loan as11
provided by this Part, the term "eligible colleges and universities" shall include12
any school that has a valid and current certificate of registration issued by the13
State Board of Cosmetology in accordance with law and that is accredited by an14
accrediting organization recognized by the United States Department of15
Education and any proprietary school that has a valid and current license16
issued by the Board of Regents in accordance with law and that is accredited by17
an accrediting organization recognized by the United States Department of18
Education. Such a school also shall comply with all other applicable provisions19
of this Part and rules adopted by the administering agency relative to a college20
or university being initially eligible and remaining eligible for program21
purposes.22
(b) For a student who is the recipient of a TOPS-Tech Loan and who23
enrolls in a school that is eligible pursuant to the provisions of Subparagraph24
(a) of this Paragraph to pursue skill or occupational training as defined by the25
Board of Regents, including a vocational or technical education certificate or26
diploma program or a nonacademic undergraduate degree, the state shall issue27
a loan in the amount determined by the administering agency to equal the28
weighted average of amounts paid under this Section for students attending29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 26 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
public colleges and universities who are enrolled in the permitted skill or1
occupational training, as may be applicable.2
(5)(a) In addition to the provisions of the introductory paragraph of3
Paragraph (A)(1) of this Section, a student who is the recipient of an4
Opportunity, Performance, or Honors loan and who pursues skill or5
occupational training as defined by the Board of Regents, including a vocational6
or technical education certificate or diploma program or a nonacademic7
undergraduate degree, may use the proceeds of the loan at any school that has8
a valid and current certificate of registration issued by the Louisiana State9
Board of Cosmetology in accordance with law and that is accredited by an10
accrediting organization recognized by the United States Department of11
Education and at any proprietary school that has a valid and current license12
issued by the Board of Regents in accordance with law and that is accredited by13
an accrediting organization recognized by the United States Department of14
Education. Such a school shall comply with all other applicable provisions of15
this Part and rules adopted by the administering agency relative to a college or16
university being initially eligible and remaining eligible for program purposes.17
(b) For a student who is the recipient of an Opportunity, Performance,18
or Honors loan and who enrolls in a school that is eligible pursuant to the19
provisions of Subparagraph (a) of this Paragraph to pursue the skill or20
occupational training as defined by the Board of Regents, including a vocational21
or technical education certificate or diploma program or a nonacademic22
undergraduate degree, the state shall issue a loan in an amount determined by23
the administering agency to equal the weighted average of amounts paid under24
this Section for students attending public colleges and universities who are25
enrolled in the permitted skill or occupational training, as may be applicable.26
The students who are eligible for the Performance and Honors loans shall also27
receive the stipends authorized in Subsection A of this Section.28
C.(1) The provisions of this Section shall be administered by the29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 27 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Louisiana Student Financial Assistance Commission. The administering agency1
may provide by rule adopted as provided by the Administrative Procedure Act2
for all matters necessary to the implementation of this Section.3
(2) Except as otherwise provided by this Paragraph, the administering4
agency by rule shall provide for:5
(a) A mechanism for informing all students of the availability of the6
assistance provided pursuant to this Section early enough in their schooling that7
a salutary motivational effect is possible.8
(b) Applications, forms, financial audit procedures, eligibility and other9
program audit procedures, and other matters related to efficient operation,10
including timelines and deadlines for receipt by the administering agency of any11
information required to implement the provisions of this Part. The12
administering agency may provide an alternative application for students who13
can demonstrate that they do not qualify for federal grant aid.14
(c)(i) A procedure for waiver of the requirement that a student complete15
the high school curriculum specified in this Section upon proper documentation16
by the high school's principal or authorized designee that the student is an17
exceptional child as defined by R.S. 17:1942(B), excluding gifted and talented,18
and that failure to comply with the specified curriculum was due solely to the19
student's exceptionality.20
(ii) A procedure for waiver of a high school curriculum requirement21
specified in this Section for any student not otherwise covered by the provisions22
of Item (i) of this Subparagraph but who has one or more learning, visual,23
hearing, or physical disabilities diagnosed by a person licensed or certified to24
diagnose such disability, when the diagnosis states the need for the student to25
be provided special accommodation by the high school relative to the26
curriculum requirement, the student requested and was provided such special27
accommodation by the high school, and failure to comply with the curriculum28
requirement was due solely to the student being disabled.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 28 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(d) A requirement that all reports of student performance or disability1
submitted to the administering agency and used to determine student eligibility2
be certified by the responsible authority.3
(e) Guidelines and procedures by which the administering agency may4
update the course name and establish course equivalencies for any course5
included in the definition of core curriculum provided by this Section. The6
guidelines and procedures shall include but not be limited to a requirement that7
any change in a course name and the establishment of any course equivalency8
be done by rule adopted by the administering agency and a requirement that9
prior to issuing a notice of intent to consider any such rule the administering10
agency shall consult with and seek the written comments and recommendations11
of the State Board of Elementary and Secondary Education and the Board of12
Regents on making the name change or establishing the course equivalency.13
(f) Guidelines and procedures directing that when tuition is paid from14
a source other than the loan made pursuant to this Section, the loan shall be15
applied by the institution attended by the student toward payment of expenses16
other than tuition which are described in the term "cost of attendance" as that17
term is defined in 20 U.S.C. 1087(II), as amended, for the purpose of qualifying18
the student or his parent or court-ordered custodian for the federal income tax19
credits provided for under 26 U.S.C. 25A.20
(g)(i)(aa) Guidelines and procedures permitting the administering21
agency to receive and consider an application for an initial loan, an application22
for the continuation of a loan, or an application to return from an out-of-state23
college or university under this Part that is received by the agency after the final24
deadline established by the agency for the receipt of such application but not25
later than one hundred twenty days after the deadline.26
(bb) Guidelines and procedures permitting the administering agency to27
receive and consider an application for a loan under this Part as authorized by28
Subsection T of this Section that is received by the agency after the final29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 29 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
deadline established by the agency for the receipt of such application, but not1
later than one hundred twenty days after the deadline.2
(ii) When issuing a loan based on an application that is considered by the3
agency pursuant to the provisions of this Subparagraph and such application4
is received by the agency not later than sixty days after the final deadline, the5
agency shall reduce the time period of eligibility for the loan as set forth in6
Subsection H of this Section by one semester or an equivalent number of units7
at an eligible institution which operates on a schedule based on units other than8
semesters.9
(iii) When issuing a loan based on an application that is considered by10
the agency pursuant to the provisions of this Subparagraph and such11
application is received by the agency more than sixty days after the final12
deadline, the agency shall reduce the time period of eligibility for the loan as set13
forth in Subsection H of this Section by two semesters or an equivalent number14
of units at an eligible institution which operates on a schedule based on units15
other than semesters.16
(h)(i) Guidelines and procedures permitting the administering agency to17
receive and consider an applicant's qualifying score on the ACT or on the18
Scholastic Aptitude Test which is first obtained on an authorized testing date19
after the national April ACT testing date in the year of the applicant's high20
school graduation but prior to July first of the year of such graduation.21
(ii) When granting a loan to an applicant whose qualifying test score is22
considered by the agency pursuant to the provisions of this Subparagraph, the23
agency shall reduce the time period of eligibility for the loan as set forth in24
Subsection H of this Section by one semester or an equivalent number of units25
at an eligible institution which operates on a schedule based on units other than26
semesters.27
(3) In addition to any other requirements of this Part, the administering28
agency shall notify all appropriate public and nonpublic school personnel,29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 30 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
including school counselors, of any changes in law or agency rules relative to the1
Taylor Opportunity Program for Students no later than sixty days after such2
change.3
D. Each city, parish, and other local public school board for the high4
school under its jurisdiction or the principals of such high schools and the5
principal or headmaster of each nonpublic high school approved by the State6
Board of Elementary and Secondary Education shall:7
(1) Using the criteria in Subparagraphs (A)(1)(b), (c), (d), and (e) of this8
Section as the minimum qualifications for selection, identify and certify to the9
administering agency those achieving the required academic standards to10
qualify for a loan pursuant to this Section.11
(2) Using the criteria in Subparagraphs (A)(1)(b) and (B)(2)(b) of this12
Section as the minimum qualifications for selection, identify and certify to the13
administering agency those achieving the required academic standards to14
qualify for a TOPS-Tech Loan pursuant to this Section.15
E.(1) The legislature annually shall appropriate to the administering16
agency funds which, together with any other funds available, are sufficient to17
cover the disbursements for the loans made pursuant to this Part, both initial18
and continuing, for the coming academic year. All loan disbursements shall be19
made by the administering agency directly to the institution to which such loan20
disbursement is due after notice to the institution that the state shall pay, on21
behalf of the qualifying student, the applicable loan amount stipulated in this22
Section and after notice from the institution that the student has actually23
enrolled.24
(2) No loan disbursements made on behalf of any student receiving a loan25
pursuant to the provisions of this Part shall be used by an institution of higher26
education to supplant the granting of free tuition for such student pursuant to27
a scholarship given in accordance with the provisions of Act No. 43 of the 188428
Regular Session of the Legislature, as amended.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 31 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
F. The administering agency may seek, accept, and expend funds from1
any source, including private business, industry, foundations, and other groups2
as well as any federal or other governmental funding available for this purpose.3
G. Implementation of the educational loan program provided by this4
Section shall be subject to the appropriation of funds for this purpose.5
H.(1) No student shall be eligible for an educational loan pursuant to this6
Section for the Opportunity Loan, the Performance Loan, or the Honors Loan7
for more than eight semesters or an equivalent number of units in an eligible8
institution which operates on a schedule based on units other than semesters,9
unless an extension is granted by the administering agency in accordance with10
its rules.11
(2) No student shall be eligible for an educational loan pursuant to this12
Section for the TOPS-Tech Loan for more than two years unless an extension13
is granted by the administering agency in accordance with its rules.14
(3)(a) Any student who is eligible for an Opportunity, Performance, or15
Honors loan and successfully completes an academic undergraduate degree in16
less than the eight semesters or its equivalent loan disbursements provided by17
this Subsection shall be eligible to continue to receive educational loans under18
this Part, in accordance with the limitations as specified in Subparagraph (c) of19
this Paragraph, for any remaining semester or semesters or the equivalent20
thereof of eligibility not used to obtain the undergraduate degree provided such21
student pursues a postgraduate academic degree at an eligible institution and22
the student continues to meet all academic and other requirements provided by23
this Section and by rule of the administering agency for continued receipt of the24
loan as an undergraduate except as such requirements, including requirements25
provided by this Section for undergraduate students, may be modified by the26
administering agency as necessary to apply such requirements to postgraduate27
study.28
(b) In developing rules to implement this Paragraph, the administering29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 32 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
agency shall establish reasonable time lines and deadlines for receipt of any1
information required to implement this Paragraph both for current and2
subsequent students receiving Opportunity, Performance, or Honors loans and3
for any student previously receiving such a loan who successfully completed an4
academic undergraduate degree in less than eight semesters. Such rules shall5
also provide for appropriate notice to all such students of the time lines,6
deadlines, and rules governing implementation of this Paragraph.7
(c) The amount of the educational loan under this Paragraph shall not8
exceed the amounts determined by the administering agency to equal the tuition9
charged for the postgraduate study or for undergraduate full-time enrollment10
charged by the highest cost public college university in the state, whichever11
amount is less.12
I. A loan issued pursuant to this Section may be combined with a13
disbursement from the Louisiana Student Tuition Assistance and Revenue14
Trust Program, as provided in R.S. 17:3091 through 3099.2, to pay the student's15
tuition, and any portion of the loan which is offset by such a disbursement shall16
then be expended in payment of current year educational expenses as defined17
by the administering agency and billed to the student by the institution. Any18
remaining balance of the loan amount may then be expended by the student in19
payment of room and board.20
J. No student shall receive a loan disbursement pursuant to this Section21
in an amount greater than the tuition charged by the institution attended. The22
institution shall credit any amount in excess of the cost of tuition to the student's23
account to pay room and board or other "cost of attendance". The student shall24
apply for a federal grant prior to receiving a grant of state funds under this25
Section unless the student can demonstrate that he does not qualify for federal26
grant aid.27
K.(1)(a) Notwithstanding any provision of this Section to the contrary,28
any student who accepts loan proceeds as provided in this Section and who also29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 33 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
qualifies for any other financial assistance offered by the state public college or1
university which the student attends shall be allowed to combine such loan and2
financial assistance in any manner to cover any "cost of attendance" as3
determined for that student in accordance with regulations governing the award4
of federal student aid under Title IV of the Higher Education Act of 1965, as5
amended, including room and board, books, and other instructional materials.6
(b) Additionally, any student who is eligible for a loan as provided in this7
Section shall be allowed to use the proceeds of such loan in any manner to cover8
any "cost of attendance" at an eligible public college or university as9
determined for that student in accordance with regulations governing the award10
of federal student aid under Title IV of the Higher Education Act of 1965, as11
amended.12
(2) If a student is receiving other financial assistance that, when13
combined with a loan issued under this Section, exceeds the "cost of14
attendance" as determined for that student in accordance with regulations15
governing the award of federal student aid under Title IV of the Higher16
Education Act of 1965, as amended, the amount of any federal student loans17
shall be reduced by the amount of such excess and if there is still an excess the18
amount of the loan under this Part shall be reduced by the amount of such19
excess.20
L.(1) In the event the legislature appropriates insufficient money to fund21
all loans made to students qualifying under the provisions of this Section, the22
number of students to whom loans shall be made shall be reduced as necessary23
pursuant to a procedure set out by rule adopted by the administering agency.24
The procedure shall include consideration of the following:25
(a) Whether the student is eligible for the TOPS Tech Loan or for the26
Opportunity, Performance or Honors loans.27
(b) The scores on the ACT for students who have met the requirements28
for initial eligibility and have received a loan for less than two semesters or an29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 34 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
equivalent number of units.1
(c) The student's college cumulative grade point average for students2
who have received a loan for two or more semesters or an equivalent number3
of units.4
(d) The number of semesters or equivalent units completed for which a5
loan was made in accordance with this Section.6
(e) The scores on the ACT and then on the ability of each student's7
family to pay the student's tuition as evidenced by the expected family8
contribution determined by using the standardized federal methodology for9
establishing student financial need. Students for whom the expected family10
contribution cannot be determined shall be treated as having the highest11
expected family contribution.12
(2) Among students denied their loans as provided in this Subsection,13
those students whose families have the least capacity to pay shall be the first to14
receive their loans if monies become available.15
M.(1) Notwithstanding any initial student eligibility requirement of this16
Part to the contrary, a student shall be eligible to receive a TOPS-Tech Loan17
pursuant to this Section provided each of the applicable following conditions are18
met:19
(a) The student has been certified by the principal or headmaster to have20
graduated from an out-of-state high school that is accredited by a regional21
accrediting organization recognized by the United States Department of22
Education and meets the standards adopted by the State Board of Elementary23
and Secondary Education for approval of nonpublic schools in Louisiana; or24
from a high school which has been approved by the United States Department25
of Defense.26
(b) The student has a composite score on the most revision of the ACT27
which is at least three points higher than that required by this Section for a28
student graduating from a Louisiana public high school or nonpublic high29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 35 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
school which has been approved by the State Board of Elementary and1
Secondary Education or an equivalent concordant value on an enhanced or2
revised version of the test or on the Scholastic Aptitude Test.3
(c) Unless granted an exception for cause by the administering agency,4
the student has enrolled in a Louisiana public postsecondary institution as a5
first-time freshman not later than the semester, excluding summer semesters or6
sessions, immediately following the first anniversary of the date that the student7
graduated from high school or, if the student joins the United States Armed8
Forces within one year after graduating from high school, has enrolled in a9
Louisiana public postsecondary institution as a first-time freshman not later10
than the semester, excluding summer semesters or sessions, immediately11
following the fifth anniversary of the date that the student graduated from high12
school.13
(d) The student meets the eligibility requirements provided in14
Subparagraph (A)(1)(a) of this Section.15
(2) Notwithstanding any initial student eligibility requirement of this16
Part to the contrary, a student shall be eligible to receive an Opportunity Loan17
pursuant to this Section provided each of the following conditions are met:18
(a) The student meets the eligibility requirements provided in19
Subparagraph (1)(a) of this Subsection.20
(b) Unless granted an exception for cause by the administering agency,21
the student has enrolled in an eligible college or university as a first-time22
freshman not later than the semester, excluding summer semesters or sessions,23
immediately following the first anniversary of the date that the student24
graduated from high school or, if the student joins the United States Armed25
Forces within one year after graduating from high school, has enrolled in an26
eligible college or university as a first-time freshman not later than the27
semester, excluding summer semesters or sessions, immediately following the28
fifth anniversary of the date that the student graduated from high school.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 36 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(c) The student has a composite score on the ACT which is at least three1
points higher than that required by this Section for a student graduating from2
a Louisiana public high school or nonpublic high school which has been3
approved by the State Board of Elementary and Secondary Education or an4
equivalent concordant value on an enhanced or revised version of the test or on5
the Scholastic Aptitude Test.6
(d) The student meets the eligibility requirements provided in7
Subparagraph (A)(1)(a) of this Section.8
(3) Notwithstanding any initial student eligibility requirement of this9
Section to the contrary, a student shall be eligible to receive a Performance10
Loan pursuant to this Section provided each of the following conditions are met:11
(a) The student meets the eligibility requirements provided in12
Subparagraph (1)(a) of this Subsection.13
(b) Unless granted an exception for cause by the administering agency,14
the student has enrolled in an eligible college or university as a first-time15
freshman not later than the semester, excluding summer semesters or sessions,16
immediately following the first anniversary of the date that the student17
graduated from high school or, if the student joins the United States Armed18
Forces within one year after graduating from high school, has enrolled in an19
eligible college or university as a first-time freshman not later than the20
semester, excluding summer semesters or sessions, immediately following the21
fifth anniversary of the date that the student graduated from high school.22
(c) The student has a composite score on the ACT which is at least three23
points higher than that required by this Section for a student graduating from24
a Louisiana public high school or nonpublic high school which has been25
approved by the State Board of Elementary and Secondary Education or an26
equivalent concordant value on an enhanced or revised version of the test or on27
the Scholastic Aptitude Test.28
(d) The student meets the eligibility requirements provided in29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 37 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Subparagraph (A)(1)(a) of this Section.1
(4) Notwithstanding any initial student eligibility requirement of this2
Part to the contrary, a student shall be eligible to receive an Honors Loan3
pursuant to this Section provided each of the following conditions are met:4
(a) The student meets the eligibility requirements provided in5
Subparagraph (1)(a) of this Subsection.6
(b) Unless granted an exception for cause by the administering agency,7
the student has enrolled in an eligible college or university as a first-time8
freshman not later than the semester, excluding summer semesters or sessions,9
immediately following the first anniversary of the date that the student10
graduated from high school or, if the student joins the United States Armed11
Forces within one year after graduating from high school, has enrolled in an12
eligible college or university as a first-time freshman not later than the13
semester, excluding summer semesters or sessions, immediately following the14
fifth anniversary of the date that the student graduated from high school.15
(c) The student has a composite score on the ACT which is at least three16
points higher than that required by this Section for a student graduating from17
a Louisiana public high school or nonpublic high school which has been18
approved by the State Board of Elementary and Secondary Education or an19
equivalent concordant value on an enhanced or revised version of the test or on20
the Scholastic Aptitude Test.21
(d) The student meets the eligibility requirements provided in22
Subparagraph (A)(1)(a) of this Section.23
N.(1) Notwithstanding any initial student eligibility requirement of this24
Part to the contrary, a student shall be eligible to receive a TOPS-Tech Loan25
pursuant to this Section provided each of the following conditions are met:26
(a) The student has been certified by a parent or court-ordered custodian27
to have successfully completed at the twelfth grade level a home study program28
approved by the State Board of Elementary and Secondary Education.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 38 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Additionally, the student, if ever enrolled in a Louisiana public high school or1
nonpublic high school which has been approved by the State Board of2
Elementary and Secondary Education, must have begun his studies in the3
approved home study program no later than the conclusion of the tenth grade4
year.5
(b) The student meets the eligibility requirements provided in6
Subparagraph (A)(1)(a) of this Section.7
(c) The student has a composite score on the ACT which is at least two8
points higher than that required by this Section for a student graduating from9
a Louisiana public high school or nonpublic high school which has been10
approved by the State Board of Elementary and Secondary Education or an11
equivalent concordant value on an enhanced or revised version of the test or on12
the Scholastic Aptitude Test.13
(d) Unless granted an exception for cause by the administering agency,14
the student has enrolled in a Louisiana public postsecondary institution as a15
first-time freshman not later than the semester, excluding summer semesters or16
sessions, immediately following the first anniversary of the date that the17
student's initial application is received by the administering agency or, if the18
student joins the United States Armed Forces within one year after completing19
the home study program, has enrolled in a Louisiana public postsecondary20
institution as a first-time freshman not later than the semester, excluding21
summer semesters or sessions, immediately following the fifth anniversary of22
the date that the student's initial application is received by the administering23
agency.24
(2) Notwithstanding any initial student eligibility requirement of this25
Part to the contrary, a student shall be eligible to receive an Opportunity Loan26
pursuant to this Section provided each of the following conditions are met:27
(a) The student meets the eligibility requirements provided in28
Subparagraphs (1)(a), (b), and (d) of this Subsection.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 39 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) The student has a composite score on the ACT which is at least two1
points higher than that required by this Section for a student graduating from2
a Louisiana public high school or nonpublic high school which has been3
approved by the State Board of Elementary and Secondary Education or an4
equivalent concordant value on an enhanced or revised version of the test or on5
the Scholastic Aptitude Test.6
(3) Notwithstanding any initial student eligibility requirement of this7
Part to the contrary, a student shall be eligible to receive a Performance Loan8
pursuant to this Section provided each of the following conditions are met:9
(a) The student meets the eligibility requirements provided in10
Subparagraphs (1)(a), (b), and (d) of this Subsection.11
(b) The student has a composite score on the ACT which is at least one12
point higher than that required by this Section for a student graduating from13
a Louisiana public high school or nonpublic high school which has been14
approved by the State Board of Elementary and Secondary Education or an15
equivalent concordant value on an enhanced or revised version of the test or on16
the Scholastic Aptitude Test.17
(4) Notwithstanding any initial student eligibility requirement of this18
Part to the contrary, a student shall be eligible to receive an Honors Loan19
pursuant to this Section provided each of the following conditions are met:20
(a) The student meets the eligibility requirements provided in21
Subparagraphs (1)(a), (b), and (d) of this Subsection.22
(b) The student has a composite score on the ACT which is at least one23
point higher than that required by this Section for a student graduating from24
a Louisiana public high school or nonpublic high school which has been25
approved by the State Board of Elementary and Secondary Education or an26
equivalent concordant value on an enhanced or revised version of the test or on27
the Scholastic Aptitude Test.28
O. To qualify for a loan pursuant to the provisions of this Part, any29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 40 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
student who has successfully completed a home study program approved by the1
State Board of Elementary and Secondary Education and who has previously2
attended a Louisiana public high school, a Louisiana nonpublic high school, or3
an out-of-state high school shall be required to provide certification from the4
principal, headmaster, or other appropriate person at the high school5
previously attended that the student was in good standing at the time the6
student last attended such school.7
P. Notwithstanding any rule by the administering agency to the contrary,8
no student who graduates from high school in less than four years and who9
receives a loan under this Part shall be restricted or otherwise delayed as to the10
date the loan may be first used at an eligible institution due to the student11
having graduated from high school in less than four years.12
Q. In addition to any other eligibility requirement provided for by this13
Section for a student graduating from a Louisiana nonpublic high school to be14
eligible for a loan under this Part, the nonpublic high school from which the15
student graduates shall be approved by the State Board of Elementary and16
Secondary Education pursuant to R.S. 17:11 and, in addition, shall meet the17
standards required by the board for the students in such school to be eligible to18
receive from the state the benefit of appropriations for such items as19
transportation, textbooks, and administrative cost reimbursement.20
R. Annually, the Louisiana Student Financial Assistance Commission21
shall, with the cooperation and assistance of the state's institutions of22
postsecondary education, query each first-time recipient of a Taylor23
Opportunity Program for Students loan to determine the extent to which24
receiving the loan influenced the decision of the student to attend a Louisiana25
college or university.26
S.(1) Notwithstanding any initial student eligibility requirement of this27
Part to the contrary, a student shall be eligible to receive a TOPS-Tech Loan28
pursuant to this Section provided each of the following conditions are met:29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 41 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(a) The student has been certified by the principal or headmaster to have1
graduated from a high school located outside of the United States and its2
territories which meets the standards adopted by the State Board of Elementary3
and Secondary Education for approval of nonpublic schools in Louisiana and4
which is accredited by an accrediting organization recognized by the United5
States Department of Education or, in the alternative, has been certified by a6
parent or court-ordered custodian to have successfully completed at the twelfth7
grade level a home study program approved by the State Board of Elementary8
and Secondary Education conducted outside the United States and its9
territories.10
(b) The student has a composite score on the ACT which is at least three11
points higher than that otherwise required by this Section for a TOPS-Tech12
Loan for a student graduating from a Louisiana public high school or an13
equivalent concordant value on an enhanced or revised version of the or on the14
Scholastic Aptitude Test.15
(c)(i) If graduating from a high school and unless granted an exception16
for cause by the administering agency, the student has enrolled in an eligible17
college or university as a first-time freshman not later than the semester,18
excluding summer semesters or sessions, immediately following the first19
anniversary of the date that the student graduated from high school or, if the20
student joins the United States Armed Forces within one year after the date that21
the student graduated from high school, has enrolled in an eligible college or22
university as a first-time freshman not later than the semester, excluding23
summer semesters or sessions, immediately following the fifth anniversary of24
the date that the student graduated from high school.25
(ii) If a completer of a home study program approved by the State Board26
of Elementary and Secondary Education and unless granted an exception for27
cause by the administering agency, the student has enrolled in an eligible college28
or university as a first-time freshman not later than the semester, excluding29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 42 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
summer semesters or sessions, immediately following the first anniversary of1
the date that the student completed a home study program approved by the2
State Board of Elementary and Secondary Education or, if the student joins the3
United States Armed Forces within one year after the date that the student4
completed a home study program approved by the State Board of Elementary5
and Secondary Education, has enrolled in an eligible college or university as a6
first-time freshman not later than the semester, excluding summer semesters or7
sessions, immediately following the fifth anniversary of the date that the student8
completed a home study program approved by the State Board of Elementary9
and Secondary Education.10
(d) The student meets the eligibility requirements provided in Items11
(A)(1)(a)(i) and (iv) of this Section, provided that a parent or court-ordered12
custodian who is living outside the United States and its territories, is actively13
engaged in work or another activity on behalf of a Louisiana employer or14
sponsor, and is not on active duty with the United States Armed Forces, may15
meet the residency requirement specified in Subsection A of this Section for16
dependent students by providing evidence satisfactory to the administering17
agency that the parent or court-ordered custodian complies with all of the18
following:19
(i) Was a resident of Louisiana who actually lived in Louisiana for at20
least the twenty-four months preceding the date he started the work or activity21
outside the United States and its territories.22
(ii) Has remained a resident of Louisiana through the date of the23
student's graduation from high school or completion of a home study program24
approved by the State Board of Elementary and Secondary Education.25
(2) Notwithstanding any initial student eligibility requirement of this26
Part to the contrary, a student shall be eligible to receive an Opportunity Loan27
pursuant to this Section provided each of the following conditions are met:28
(a) The student meets the eligibility requirements provided in29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 43 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Subparagraphs (1)(a), (c), and (d) of this Subsection.1
(b) The student has a composite score on the ACT which is at least three2
points higher than that otherwise required by this Section for an Opportunity3
Loan for a student graduating from a Louisiana public high school or an4
equivalent concordant value on an enhanced or revised version of the test or on5
the Scholastic Aptitude Test.6
(3) Notwithstanding any provision of Subparagraph (1)(b) or (2)(b) of7
this Subsection to the contrary and effective for a student qualifying for an8
initial TOPS-Tech or Opportunity loan, the student, if a completer of a home9
study program approved by the State Board of Elementary and Secondary10
Education, shall have a minimum composite score on the ACT which is at least11
two points higher than that otherwise required by this Section for a student12
graduating from a Louisiana public high school or nonpublic high school which13
has been approved by the State Board of Elementary and Secondary Education14
or an equivalent concordant value on an enhanced or revised version of the test15
or on the Scholastic Aptitude Test.16
T. Notwithstanding any provision of this Part to the contrary, any17
otherwise qualified student who meets each of the following conditions and who18
enrolls as a first-time freshman in an out-of-state college or university, or first19
enrolls as a first-time freshman in an eligible college or university in Louisiana20
and subsequently enrolls in an out-of-state college or university, may use the21
educational loan provided for by this Section at an eligible college or university22
in Louisiana in accordance with this Subsection and other applicable provisions23
of this Part; however, the time period of loan eligibility set forth in Subsection24
H of this Section shall be reduced by an equivalent number of units as may be25
applicable for each semester or equivalent time period that the student is26
enrolled in an out-of-state college or university:27
(1) The student has been determined by the administering agency to meet28
the initial eligibility requirements established by this Section for an29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 44 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Opportunity, Performance, or Honors loan.1
(2)(a) The student enrolled as a first-time freshman in an out-of-state2
college or university in accordance with the timelines specified by this Section3
for such enrollment in an eligible college or university in Louisiana and the out-4
of-state college or university is accredited by a regional accrediting organization5
recognized by the United States Department of Education, or6
(b) The student enrolled as a first-time freshman in an eligible college or7
university in Louisiana in accordance with the timelines specified by this8
Section for such enrollment, who subsequently enrolled in an out-of-state9
college or university that is accredited by a regional accrediting organization10
recognized by the United States Department of Education, and then re-enrolled11
in an eligible college or university in Louisiana.12
(3) While enrolled in such an out-of-state college or university the13
student met all requirements of this Section that would have been applicable to14
such student for continuation of the initial loan if the student had enrolled in an15
eligible college or university in Louisiana.16
U.(1) In addition to other provisions of this Section relative to student17
eligibility for Opportunity, Performance, and Honors loans, a student who18
meets each of the following conditions shall be eligible for such a loan as19
provided by this Subsection:20
(a) The student meets the citizenship requirements established by this21
Section for program loans and actually resides in this state for at least two years22
prior to the student's first enrollment in an eligible college.23
(b) The student does not meet the initial eligibility requirements for an24
Opportunity, Performance, or Honors loan pursuant to any other provision of25
this Section.26
(c) As certified by a psychologist or psychiatrist licensed to practice in27
Louisiana, the student has a score that is at least in the superior range on the28
Wechsler Intelligence Scale for Children (Third Edition) or revised version of29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 45 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
such instrument or, if provided for by the administering agency by rule, has an1
equivalent score on a comparable diagnostic instrument.2
(d) As certified by a psychologist or psychiatrist licensed to practice in3
Louisiana, the student has a composite score that is at least at the ninetieth4
percentile at the twelfth grade level in the reading, mathematics, and written5
language portions of the Wechsler Individual Achievement Test (Second6
Edition) or revised version of such test or, if provided for by the administering7
agency by rule, has an equivalent score on a comparable test.8
(e) Prior to enrolling for the first time in an eligible college or university,9
the student meets the requirements of this Section otherwise applicable to a10
student who graduates from an eligible Louisiana high school relative to the11
student having at least the minimum composite score on the ACT or having an12
equivalent score on the Scholastic Aptitude Test as specified for the respective13
loans.14
(f) The student enrolls in an eligible college or university and after15
successful completion of twelve hours of credit the student is enrolled in such16
a college or university on a full-time basis no later than his nineteenth birthday17
to pursue an academic undergraduate degree at the baccalaureate level. A18
student's loan pursuant to the provisions of this Subsection shall be effective19
upon such enrollment on a full-time basis.20
(g) The student makes steady academic progress as defined by the21
administering agency toward the baccalaureate degree, earns not less than the22
minimum number of hours of credit required for full-time standing or the23
required number of hours needed to complete the degree program24
requirements, and while pursuing such baccalaureate degree maintains a25
cumulative grade point average as otherwise required by this Section for the26
particular loan made to the student.27
(h) Except as otherwise provided by this Subsection, the student meets28
and continues to meet all requirements of this Section relative to a student29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 46 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
remaining eligible for the particular program loan made to the student once a1
student is enrolled in an eligible college or university.2
(2) State educational loan disbursements on behalf of a student eligible3
for a loan pursuant to this Subsection shall be in the same amounts as otherwise4
provided for by this Section for the loan. The loans provided by this Subsection5
shall be for no more than eight semesters or an equivalent number of units in6
a college or university which operates on a schedule based on units other than7
semesters unless an extension is granted by the administering agency in8
accordance with its rules.9
§3048.23.  Taylor Opportunity Program for Students Loan Fund; creation10
A. In the state treasury, there is hereby created, the Taylor Opportunity11
Program for Students Loan Fund, hereinafter referred to as the "TOPS Loan12
Fund."13
B.(1) All money collected as repayment for loans made pursuant to this14
Part as well as earnings resulting from the investment of any money in the fund15
shall, after compliance with Article VII, Section 9(B) of the Constitution of16
Louisiana, relative to the Bond Security and Redemption Fund, be deposited17
into the fund. In addition, any unexpended and unencumbered balances18
remaining in the fund at the end of any fiscal year shall remain in the fund.19
(2) The state treasurer shall invest money in the fund in the same manner20
and with the same authority as he has for the state general fund.21
C. The legislature shall annually appropriate money in the fund, in22
addition to appropriations from any source, to the commission for the purpose23
of providing loans in compliance with the provisions of this Part.24
§3048.24. Promissory note required; repayment of loan; collection;25
garnishment proceedings26
A. Prior to acceptance of an Opportunity, Performance, Honors, or27
TOPS-Tech loan under this Part, the student shall execute a promissory note28
that includes the terms and conditions upon which the loan shall be made. The29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 47 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
promissory note shall be prepared by the in-house counsel of the commission1
and shall be signed by the student. Electronic signatures shall be accepted.2
B. The conditions of the loan as provided in the promissory note shall3
include the student's intent to pursue an academic degree or skill or4
occupational training, including a vocational or technical education certificate5
or diploma program or a nonacademic undergraduate degree from an eligible6
college or university.7
C. The obligation of the student to repay a loan pursuant to the8
provisions of this Part shall remain in effect until the student has repaid the9
loan or the commission has forgiven or discharged the loan, all in accordance10
with the terms of the promissory note executed by the student for the loan.11
D. Upon breach of any terms of the promissory note by the student, the12
remaining amount of the loan paid to the student which the commission has not13
forgiven or discharged shall become due and payable by the student in14
accordance with the terms of the promissory note executed by the student, and15
the commission shall take all necessary steps to secure collection. The16
commission shall have all authority provided by state law for collection of any17
student loan debt administered by the commission or for the collection of any18
debt.19
E.(1) Notwithstanding any provision of law to the contrary, and in20
addition to any other authority provided in state law, the commission may21
garnish the disposable pay of a student who is not making the required22
repayment under the promissory note or under a repayment agreement with the23
commission, to collect the amount owed by the student pursuant to the24
promissory note required by this Section, provided the following requirements25
are satisfied:26
(a) The amount deducted for any pay period shall not exceed fifteen27
percent of the student's disposable pay, except that a greater percentage may28
be deducted with the written consent of the student.29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 48 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) The student shall be provided written notice, sent by mail to the1
student's last known address, a minimum of thirty days prior to the initiation2
of proceedings informing the student of the nature and amount of the loan3
obligation to be collected, the intention of the commission to initiate proceedings4
to collect the debt through garnishment of the student's pay, and an explanation5
of the rights of the student pursuant to this Subsection.6
(c) The student shall be provided an opportunity to inspect and copy7
records relating to the debt.8
(d) The student shall be provided an opportunity to enter into a written9
agreement with the commission to establish a schedule for the repayment of the10
loan debt.11
(e) The student shall be provided an opportunity for a hearing in12
accordance with Subsection F of this Section concerning the existence or the13
amount of the debt, and, in the case of an individual whose repayment schedule14
is established other than by a written agreement pursuant to Subparagraph (d)15
of this Paragraph, concerning the terms of the repayment schedule.16
(f) No amount may be deducted from the disposable pay of a student who17
was involuntarily separated from employment and has not been re-employed18
for twelve months.19
(2) As used in this Subsection, "disposable pay" means that part of the20
compensation of any person from an employer remaining after the deduction21
of any amounts required by law to be withheld.22
F.(1) A hearing shall be provided prior to issuance of a garnishment23
order if the student, on or before the thirtieth day following the mailing of the24
notice provided for in Subparagraph (E)(1)(b) of this Section, and in accordance25
with such procedures as the commission may prescribe, files a petition26
requesting such a hearing. If the individual does not file a petition requesting27
a hearing prior to such date, the commission shall provide the individual a28
hearing upon request, but such hearing need not be provided prior to issuance29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 49 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of a garnishment order.1
(2) Notwithstanding the provisions of any other law to the contrary, any2
hearing conducted pursuant to this Part may, at the request of the commission,3
be conducted by any administrative law judge, including those employed by the4
Division of Administrative Law or its successor; however, a hearing under this5
Part may not be conducted by an individual under the supervision or control of6
the commission.7
(3) The administrative law judge shall issue a final decision no later than8
thirty days after the hearing.9
G.(1) The notice to the employer of the withholding order shall contain10
only such information as may be necessary for the employer to comply with the11
withholding order.12
(2) The employer shall pay to the commission as directed in the13
withholding order issued. The commission may sue the employer to recover any14
amount that such employer fails to withhold from wages due an employee15
following receipt of such employer of notice of the withholding order, plus16
attorney fees and costs. Notwithstanding any provision of law to the contrary,17
for the purpose of all suits filed against employers under this Paragraph, venue18
shall be in the Nineteenth Judicial District Court.19
H. An employer may not discharge from employment, refuse to employ,20
or take disciplinary action against an individual subject to wage withholding in21
accordance with this Section by reason of the fact that the individual's wages22
have been subject to garnishment under this Section, and the individual may sue23
in a state or federal court of competent jurisdiction any employer who takes24
such action. The court shall award attorney fees to a prevailing employee and,25
in its discretion, may order reinstatement of the individual, award punitive26
damages and back pay to the employee, or order such other remedy as may be27
reasonably necessary.28
I. Notwithstanding the provisions of R.S. 9:5701, a loan made under this29 SB NO. 138
SLS 11RS-204	ORIGINAL
Page 50 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Part shall not prescribe.1
J. Notwithstanding any other provision of law to the contrary, the2
administering agency may file suit to collect on defaulted loans. In all these3
suits, the attorney general shall represent the administering agency.4
§3048.25.  Reports5
The commission shall make a report to the legislature after the end of6
each fiscal year of its activities under the provisions of this Part.7
§3048.26.  Annual appropriations for loan operations8
Costs for loan operations under this Part, including collection of9
repayments and of defaulted loans, shall be budgeted by the administering10
agency and the legislature shall appropriate sufficient funds for these costs on11
an annual basis.12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sherri H. Breaux.
DIGEST
Present law provides for the Taylor Opportunity Program for Students (TOPS) as a program
of merit scholarships for first time freshman attending public postsecondary institutions or
regionally accredited independent colleges or universities in this state who meet a specified
GPA, ACT score, and core curriculum requirements.
Proposed law retains present law eligibility and requirements for TOPS awards, which will
be effective and continue to be effective for any student who graduates from high school
through the 2010-2011 school year and who meets the requirements and is awarded a
TOPS-Tech, Opportunity, Performance or Honors Award until the student's program
eligibility ends or graduation from an eligible college or university occurs.
Proposed law re-establishes TOPS as a loan forgiveness program beginning with students
graduating from high school during the 2011-2012 school year. Provides that a TOPS loan
will be made to students who intend to pursue an academic undergraduate degree or skill or
occupational training from an eligible postsecondary institution. Provides that the
establishment of the new loan forgiveness program will in no way affect any student who
graduated from high school during the 2010-2011 school year or before and who received
a TOPS award under the original TOPS program.
To qualify for a loan, proposed law retains all eligibility requirements as is required for
students in present law under the merit scholarship program for a TOPS-Tech, Opportunity,
Performance, or Honors award. Provides that all loan amounts to be made under proposed
law are the same as those provided under the award program in present law. Provides that
any stipend paid for recipients of a Performance or Honors Loan is not subject to repayment.
Retains all continuation requirements.
Provides for the adoption of rules for implementation of the loan forgiveness program.
Specifies the methods by which loans will be made in event the legislature appropriates SB NO. 138
SLS 11RS-204	ORIGINAL
Page 51 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
insufficient money to fund all loans made to qualifying under 	proposed law.
Proposed law, requires, under the loan forgiveness program, for students who do not meet
certain continuation requirements, to repay the full amount of the loan with repayment
commencing 12 months after eligibility for a loan has terminated or six months after
full-time attendance at a college or university has ended. Provides that after a student has
completed eligibility, or upon graduation, and before such repayment begins, that the full
amount of the loan and the interest accrued be forgiven, provided the student completed and
met all the requirements to maintain continued state payments of a loan.
Requires all students who accept an Opportunity, Performance, Honors or TOPS-Tech loan
to sign a promissory note with the La. Student Financial Assistance Commission agreeing
to the terms and conditions upon which the loan is made. Provides that the obligation of the
student to repay a loan remains in effect until the student has repaid the loan or the
commission has forgiven or discharged the loan, all in accordance with the terms of the
promissory note.
Provides that, upon breach of any terms of the promissory note, the remaining amount of the
loan paid to the student which has not been forgiven or discharged becomes due and payable
by the student. Grants to the commission all authority provided by state law for collection
of any student loan debt administered by the commission or for the collection of any debt.
Authorizes the commission to garnish the disposable pay of a student who is not making the
required repayment under the promissory note or under a repayment agreement with the
commission, to collect the amount owed by the student pursuant to the promissory note.
Specifies conditions and requirements for garnishment.
Provides for a hearing to be provided prior to issuance of a garnishment order if the student
files a petition requesting such a hearing, on or before the 30th day following the mailing of
the notice regarding the initiation of garnishment proceedings. Provides that if the individual
does not file a petition requesting a hearing prior to such date, the commission will provide
the individual a hearing upon request, but such hearing need not be provided prior to
issuance of a garnishment order.
Provides that any hearing conducted may, at the request of the commission, be conducted
by any administrative law judge, including those employed by the Division of
Administrative Law. Requires the administrative law judge to issue a final decision no later
than 30 days after the hearing.
Allows the administering agency to file suit to collect on defaulted loans, and in all such
suits, the attorney general will represent the administering agency.
Creates the TOPS Loan Fund in the state treasury for monies deposited as repayment for
loans as well as earnings resulting from the investment of any money in the fund. Provides
for any unexpended and unencumbered balances remaining in the fund at the end of any
fiscal year to remain in the fund. Provides for the legislature to annually appropriate money
in the fund, in addition to appropriations from any source, to the commission for the purpose
of providing loans.
Proposed law retains the present law program providing for the payment of monies for books
and other instructional materials for those persons serving in the La. National Guard and
participating in the tuition exemption program (R.S. 29:36.1) and who meet the
qualifications for each TOPS level as provided in present law. Retains all award amounts to
such students at each award level.
Proposed law retains present law provisions for the TOPS-Tech Early Start Award for
eligible 11th and 12th grade students, which may be used at a La. public postsecondary
education institution for the purpose of pursuing an industry-based occupational or SB NO. 138
SLS 11RS-204	ORIGINAL
Page 52 of 52
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
vocational education credential as defined by the Board of Regents.
Effective August 15, 2011.
(Adds R.S. 17:3048, 3048.11, 3048.12, and 3048.21 through 3048.26)