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Regular Session, 2012
SENATE BILL NO. 579
BY SENATORS ADLEY AND PERRY
TOPS. Extends TOPS eligibility for certain students who reenlist in the United States
Armed Forces and maintain continuous active duty. (gov sig)
AN ACT1
To amend and reenact R.S. 17:3048.1(A)(1)(b)(i), (c)(i), (d)(i) and (4)(a)(iii), (B)(3)(a),2
(P)(1)(c), (2)(b), (3)(b) and (4)(b), (Q)(1)(d), and (V)(1)(c), relative to the Taylor3
Opportunity Program for Students; to provide for initial award eligibility and4
continuing eligibility for certain students who reenlist in the United States Armed5
Forces and maintain continuous active duty under certain circumstances; to extend6
the length of time required to claim or maintain an award for certain students on7
active duty under certain circumstances; to provide for applicability; and to provide8
for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 17:3048.1(A)(1)(b)(i), (c)(i), (d)(i) and (4)(a)(iii), (B)(3)(a),11
(P)(1)(c), (2)(b), (3)(b) and (4)(b), (Q)(1)(d), and (V)(1)(c) are hereby amended and12
reenacted to read as follows: 13
ยง3048.1. Program awards; eligibility; amounts; limitations; funding; administration14
A.(1) As part of the Louisiana Taylor Opportunity Program for Students, the15
state shall financially assist any student who enrolls on a full-time basis in a public16
college or university in this state or a regionally accredited independent college or17 SB NO. 579
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university in the state that is a member of the Louisiana Association of Independent1
Colleges or Universities, hereafter in this Chapter referred to collectively as "eligible2
colleges or universities", to pursue an academic undergraduate degree or, as provided3
by this Subsection, skill or occupational training as defined by the Board of Regents,4
including a vocational or technical education certificate or diploma program or a5
nonacademic undergraduate degree, and who meets the qualifications of6
Subparagraph (b), (c), or (d) of this Paragraph and all of the applicable following7
qualifications:8
* * *9
(b)(i) Has been certified as provided in Subsection D of this Section to have10
graduated from a public high school or a nonpublic high school which has been11
approved by the State Board of Elementary and Secondary Education, has a12
minimum cumulative grade point average of 2.50 calculated on a 4.00 scale, has a13
composite score on the 1990 version of the American College Test which is at least14
equal to or higher than the state's average composite score, rounded to the nearest15
whole number, reported for the prior year but never less than twenty or an equivalent16
concordant value on an enhanced or revised version of such test or on the Scholastic17
Aptitude Test, and, unless granted an exception for cause by the administering18
agency, has enrolled in an eligible college or university as a first-time freshman not19
later than the semester, excluding summer semesters or sessions, immediately20
following the first anniversary of the date that the student graduated from high21
school or, if the student joins the United States Armed Forces within one year after22
graduating from high school, has enrolled in an eligible college or university as a23
first-time freshman not later than the semester, excluding summer semesters or24
sessions, immediately following the fifth anniversary of the date that the student25
graduated from high school. However, effective for the 1996-1997 school year and26
thereafter, if, on or prior to the fifth anniversary of the date that the student27
graduated from high school, the student reenlists in the United States Armed28
Forces and maintains continuous active duty, the five-year period shall be29 SB NO. 579
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extended to the semester immediately following the one-year anniversary of the1
student's separation from active duty service. As distinguished from all other2
students qualifying for this program, a student who meets the requirements of this3
Subparagraph shall be the recipient of an "Opportunity Award" for the purposes of4
this program.5
* * *6
(c)(i)(aa) Has been certified as provided in Subsection D of this Section to7
have graduated from a public high school or nonpublic high school which has been8
approved by the State Board of Elementary and Secondary Education, has enrolled,9
unless granted an exception for cause by the administering agency, in an eligible10
college or university as a first-time freshman not later than the semester, excluding11
summer semesters or sessions, immediately following the first anniversary of the12
date that the student graduated from high school or, if the student joins the United13
States Armed Forces within one year after graduating from high school, has enrolled14
in an eligible college or university as a first-time freshman not later than the15
semester, excluding summer semesters or sessions, immediately following the fifth16
anniversary of the date that the student graduated from high school, except as17
provided in Subitem (bb) of this Item, has achieved a minimum cumulative grade18
point average of 3.50 calculated on a 4.00 scale, and has a composite score on the19
1990 version of the American College Test of twenty-three or higher or an20
equivalent concordant value on any enhanced or revised version of such test or on21
the Scholastic Aptitude Test. As distinguished from all other students qualifying for22
this program, a student who meets the requirements of this Subparagraph shall23
receive and be recognized as the recipient of a "Performance Award" for the24
purposes of this program.25
(bb) If the student joins the United States Armed Forces within one year26
after graduating from high school, has enrolled in an eligible college or27
university as a first-time freshman not later than the semester, excluding28
summer semesters or sessions, immediately following the fifth anniversary of29 SB NO. 579
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the date that the student graduated from high school. However, effective for the1
1996-1997 school year and thereafter, if, on or prior to the fifth anniversary of2
the date that the student graduates from high school, the student reenlists in the3
United States Armed Forces and maintains continuous active duty, the five-year4
period shall be extended to the semester immediately following the one-year5
anniversary of the student's separation from active duty service.6
* * *7
(d)(i) Has been certified as provided in Subsection D of this Section to have8
graduated from a public high school or nonpublic high school which has been9
approved by the State Board of Elementary and Secondary Education with a10
minimum cumulative grade point average of 3.50 on a 4.00 scale and a score of11
twenty-seven or higher on the 1990 version of the American College Test or an12
equivalent concordant value on any enhanced or revised version of such test or on13
the Scholastic Aptitude Test, and, unless granted an exception for cause by the14
administering agency, 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 student graduated17
from high school or, if the student joins the United States Armed Forces within one18
year after graduating from high school, has enrolled in an eligible college or19
university as a first-time freshman not later than the semester, excluding summer20
semesters or sessions, immediately following the fifth anniversary of the date that21
the student graduated from high school. However, effective for the 1996-199722
school year and thereafter, if, on or prior to the fifth anniversary of the date23
that the student graduated from high school, the student reenlists in the United24
States Armed Forces and maintains continuous active duty, the five-year period25
shall be extended to the semester immediately following the one year26
anniversary of the student's separation from active duty service. As27
distinguished from all other students qualifying for this program, a student who28
meets the requirements of this Subparagraph shall receive and be recognized as the29 SB NO. 579
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recipient of an "Honors Award" for the purposes of this program.1
* * *2
(4) To maintain continued state payment of an amount equal to tuition and3
other amounts pursuant to an award under this Chapter once enrolled in college a4
student shall meet all of the following:5
(a)6
* * *7
(iii) If at any time a student fails to maintain the cumulative grade point8
average required for continuation in the program or as of the end of any semester or9
term during the academic year fails to make steady academic progress as defined by10
the administering agency, such student shall become ineligible for further payments.11
Payments limited to those provided in Paragraph (A)(2) of this Section regardless of12
whether the originally granted award was an Opportunity, Performance, or Honors13
Award may be reinstated upon attainment of the grade point average required by this14
Paragraph for a student to maintain continued state payments once enrolled in15
college and the standards for steady academic progress as defined by the16
administering agency, provided that the student has maintained other continuation17
requirements and the period of ineligibility did not persist for more than two years18
from the date of loss of eligibility. If this two-year period is interrupted due to a19
student's active duty service in the United States Armed Forces, the two-year period20
shall be extended for a length of time equal to the student's active duty service, not21
to exceed four years, unless the student reenlists in the United States Armed22
Forces and maintains continuous active duty, in which case the period shall be23
extended for a length of time equal to the student's active duty service; or unless24
the student is granted an exception for cause by the administering agency.25
* * *26
B.27
* * *28
(3) To maintain continued state payment of an amount equal to tuition29 SB NO. 579
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pursuant to a TOPS-Tech Award once enrolled in an institution, a student shall meet1
all of the following:2
(a) Make steady academic progress as defined by the administering agency3
toward completion of the requirements of the program in which enrolled earning not4
less than the minimum number of hours of credit required for full-time standing or5
the required number of hours needed to complete the program's requirements. If at6
any time a student fails to maintain the cumulative grade point average required for7
continuation in the program or as of the end of any term during the school year fails8
to make steady academic progress as defined by the administering agency, the9
student shall become ineligible for further payments. Payments may be reinstated10
upon attainment of the grade point average required for continuation of the original11
award and the standards for steady academic progress as defined by the12
administering agency, provided that the student has maintained other continuation13
requirements and the period of ineligibility did not persist for more than one year14
from the date of loss of eligibility. If this one-year period is interrupted due to a15
student's active duty service in the United States Armed Forces, the one-year period16
shall be extended for a length of time equal to the student's active duty service, not17
to exceed four years, unless the student reenlists in the United States Armed18
Forces and maintains continuous active duty, in which case the period shall be19
extended for a length of time equal to the student's active duty service; or unless20
the student is granted an exception for cause by the administering agency.21
* * *22
P.(1) Notwithstanding any initial student eligibility requirement of this23
Chapter to the contrary, a student shall be eligible to receive a TOPS-Tech Award24
pursuant to this Section provided each of the applicable following conditions are25
met:26
* * *27
(c) Unless granted an exception for cause by the administering agency, the28
student has enrolled in a Louisiana public postsecondary institution as a first-time29 SB NO. 579
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freshman not later than the semester, excluding summer semesters or sessions,1
immediately following the first anniversary of the date that the student graduated2
from high school or, if the student joins the United States Armed Forces within one3
year after graduating from high school, has enrolled in a Louisiana public4
postsecondary institution as a first-time freshman not later than the semester,5
excluding summer semesters or sessions, immediately following the fifth anniversary6
of the date that the student graduated from high school. However, effective for the7
1996-1997 school year and thereafter, if, on or prior to the fifth anniversary of8
the date that the student graduated from high school, the student reenlists in the9
United States Armed Forces and maintains continuous active duty, the five-year10
period shall be extended to the semester immediately following the one-year11
anniversary of the student's separation from active duty service.12
* * *13
(2) Notwithstanding any initial student eligibility requirement of this Chapter14
to the contrary, a student shall be eligible to receive an Opportunity Award pursuant15
to this Section provided each of the following conditions are met:16
* * *17
(b) Unless granted an exception for cause by the administering agency, the18
student has enrolled in an eligible college or university as a first-time freshman not19
later than the semester, excluding summer semesters or sessions, immediately20
following the first anniversary of the date that the student graduated from high21
school or, if the student joins the United States Armed Forces within one year after22
graduating from high school, has enrolled in an eligible college or university as a23
first-time freshman not later than the semester, excluding summer semesters or24
sessions, immediately following the fifth anniversary of the date that the student25
graduated from high school. However, effective for the 1996-1997 school year and26
thereafter, if, on or prior to the fifth anniversary of the date that the student27
graduated from high school, the student reenlists in the United States Armed28
Forces and maintains continuous active duty, the five-year period shall be29 SB NO. 579
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extended to the semester immediately following the one year anniversary of the1
student's separation from active duty service.2
* * *3
(3) Notwithstanding any initial student eligibility requirement of this Chapter4
to the contrary, a student shall be eligible to receive a Performance Award pursuant5
to this Section provided each of the following conditions are met:6
* * *7
(b) Unless granted an exception for cause by the administering agency, the8
student has enrolled in an eligible college or university as a first-time freshman not9
later than the semester, excluding summer semesters or sessions, immediately10
following the first anniversary of the date that the student graduated from high11
school or, if the student joins the United States Armed Forces within one year after12
graduating from high school, has enrolled in an eligible college or university as a13
first-time freshman not later than the semester, excluding summer semesters or14
sessions, immediately following the fifth anniversary of the date that the student15
graduated from high school. However, effective for the 1996-1997 school year and16
thereafter, if, on or prior to the fifth anniversary of the date that the student17
graduated from high school, the student reenlists in the United States Armed18
Forces and maintains continuous active duty, the five-year period shall be19
extended to the semester immediately following the one-year anniversary of the20
student's separation from active duty service.21
* * *22
(4) Notwithstanding any initial student eligibility requirement of this Chapter23
to the contrary, a student shall be eligible to receive an Honors Award pursuant to24
this Section provided each of the following conditions are met:25
* * *26
(b) Unless granted an exception for cause by the administering agency, the27
student has enrolled in an eligible college or university as a first-time freshman not28
later than the semester, excluding summer semesters or sessions, immediately29 SB NO. 579
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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 year after2
graduating from high school, has enrolled in an eligible college or university as a3
first-time freshman not later than the semester, excluding summer semesters or4
sessions, immediately following the fifth anniversary of the date that the student5
graduated from high school. However, effective for the 1996-1997 school year and6
thereafter, if, on or prior to the fifth anniversary of the date that the student7
graduated from high school, the student reenlists in the United States Armed8
Forces and maintains continuous active duty, the five-year period shall be9
extended to the semester immediately following the one-year anniversary of the10
student's separation from active duty service.11
* * *12
Q.(1) Notwithstanding any initial student eligibility requirement of this13
Chapter to the contrary, a student shall be eligible to receive a TOPS-Tech Award14
pursuant to this Section provided each of the following conditions are met:15
* * *16
(d) Unless granted an exception for cause by the administering agency, the17
student has enrolled in a Louisiana public postsecondary institution as a first-time18
freshman not later than the semester, excluding summer semesters or sessions,19
immediately following the first anniversary of the date that the student's initial20
application is received by the administering agency or, if the student joins the United21
States Armed Forces within one year after completing the home study program, has22
enrolled in a Louisiana public postsecondary institution as a first-time freshman not23
later than the semester, excluding summer semesters or sessions, immediately24
following the fifth anniversary of the date that the student's initial application is25
received by the administering agency. However, effective for the 1996-1997 school26
year and thereafter, if, on or prior to the fifth anniversary of the date that the27
student completed the home study program, the student reenlists in the United28
States Armed Forces and maintains continuous active duty, the five-year period29 SB NO. 579
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shall be extended to the semester immediately following the one-year1
anniversary of the student's separation from active duty service.2
* * *3
V.(1) Notwithstanding any initial student eligibility requirement of this4
Chapter to the contrary, a student shall be eligible to receive a TOPS-Tech Award5
pursuant to this Section provided each of the following conditions are met:6
* * *7
(c)(i) If graduating from a high school and unless granted an exception for8
cause by the administering agency, the student has enrolled in an eligible college or9
university as a first-time freshman not later than the semester, excluding summer10
semesters or sessions, immediately following the first anniversary of the date that the11
student graduated from high school or, if the student joins the United States armed12
forces Armed Forces within one year after the date that the student graduated from13
high school, has enrolled in an eligible college or university as a first-time freshman14
not later than the semester, excluding summer semesters or sessions, immediately15
following the fifth anniversary of the date that the student graduated from high16
school. However, effective for the 1996-1997 school year and thereafter, if, on17
or prior to the fifth anniversary of the date that the student graduated from18
high school, the student reenlists in the United States Armed Forces and19
maintains continuous active duty, the five-year period shall be extended to the20
semester immediately following the one-year anniversary of the student's21
separation from active duty service.22
(ii) If a completer of a home study program approved by the State Board of23
Elementary and Secondary Education and unless granted an exception for cause by24
the administering agency, the student has enrolled in an eligible college or university25
as a first-time freshman not later than the semester, excluding summer semesters or26
sessions, immediately following the first anniversary of the date that the student27
completed a home study program approved by the State Board of Elementary and28
Secondary Education or, if the student joins the United States armed forces Armed29 SB NO. 579
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Forces within one year after the date that the student completed a home study1
program approved by the State Board of Elementary and Secondary Education, has2
enrolled in an eligible college or university as a first-time freshman not later than the3
semester, excluding summer semesters or sessions, immediately following the fifth4
anniversary of the date that the student completed a home study program approved5
by the State Board of Elementary and Secondary Education. However, effective for6
the 1996-1997 school year and thereafter, if, on or prior to the fifth anniversary7
of the date that the student completed the home study program, the student8
reenlists in the United States Armed Forces and maintains continuous active9
duty, the five-year period shall be extended to the semester immediately10
following the one-year anniversary of the student's separation from active duty11
service.12
* * *13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
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 (TOPS-Tech, Opportunity, Performance, and Honors awards) for first
time freshman attending public postsecondary institutions or regionally accredited
independent colleges and universities in this state who meet a specified GPA, ACT score,
and core curriculum requirements, including certain other qualifications.
INITIAL ELIGIBILITY
Present law requires that a student enroll in an eligible college or university as a first-time
freshman not later than the semester, excluding summer semesters or sessions, immediately
following the first anniversary of the date that the student graduated from an eligible high
school or completed the 12th grade level of a BESE-approved home study program.
Proposed law retains present law requirements.
Present law further provides that if the student joins the United States Armed Forces within SB NO. 579
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one year after graduating from high school, the student must enroll in an eligible college or
university as a first-time freshman not later than the semester, excluding summer semesters
or sessions, immediately following the fifth anniversary of the date of high school graduation
or completion of the home study program.
Proposed law retains present law requirement. However, effective from the 1996-1997
school year and thereafter, proposed law provides that if, on or prior to the fifth anniversary
of high school graduation or completion of the home study program, the student reenlists in
the United States Armed Forces and maintains continuous active duty, the five-year period
shall be extended to the semester immediately following the one-year anniversary of the
student's separation from active duty service.
MAINTAIN CONTINUING ELIGIBILITY
Present law provides that, once enrolled in college, if at any time a student fails to maintain
the cumulative GPA required for continuation in the program or as of the end of any
semester or term during the academic year fails to make steady academic progress, such
student becomes ineligible for further TOPS payments. Further provides that certain
payments may be reinstated upon attainment of the required GPA, provided that the student
has maintained other continuation requirements and the period of ineligibility did not persist
for more than two years from the date of loss of eligibility for an Opportunity, Performance
or Honors award. For a TOPS-Tech Award, provides that payments may be reinstated upon
attainment of the required GPA, provided that the student has maintained other continuation
requirements and the period of ineligibility did not persist for more than one year from the
date of loss of eligibility. Proposed law retains present law.
Present law provides that if such period of ineligibility is interrupted due to a student's active
duty service in the United States Armed Forces, the period will be extended for a length of
time equal to the student's active duty service, not to exceed four years.
Proposed law generally retains present law, but extends the four year length of time for a
student who is on active duty, if the student reenlists in the United States Armed Forces and
maintains continuous active duty, in which case the period will be extended for a length of
time equal to the student's active duty service; or unless the student is granted an exception
for cause by the administering agency.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3048.1(A)(1)(b)(i), (c)(i), (d)(i) and (4)(a)(iii), (B)(3)(a), (P)(1)(c), (2)(b),
(3)(b) and (4)(b), (Q)(1)(d), and (V)(1)(c))