2021 Regular Session ENROLLED SENATE BILL NO. 99 BY SENATOR FIELDS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. 1 AN ACT 2 To amend and reenact R.S. 17:5002(B)(2), 5027(B), the introductory paragraph of (C), and 3 (C)(1), 5029(A)(1)(c), 5043(2), 5062(C)(4) and (5), and 5103(B)(1) and to enact R.S. 4 17:5062(C)(6), relative to the Taylor Opportunity Program for Students; to clarify 5 terminology; to provide relative to rules, procedures, and guidelines of the 6 administering agency; to authorize the administering agency to waive certain initial 7 eligibility requirements under certain circumstances; and to provide for related 8 matters. 9 Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 17:5002(B)(2), 5027(B), the introductory paragraph of (C), and 11 (C)(1), 5029(A)(1)(c), 5043(2), 5062(C)(4) and (5), and 5103(B)(1) are hereby amended and 12 reenacted and R.S. 17:5062(C)(6) is hereby enacted to read as follows: 13 §5002. Awards and amounts 14 * * * 15 B. Any student who is eligible for an Opportunity, Performance, or Honors 16 Award pursuant to this Chapter and who has enrolled: 17 * * * 18 (2) At any regionally accredited independent college or university in the state 19 which that is a member of the Louisiana Association of Independent Colleges and 20 Universities and that is accredited by an institutional accrediting agency 21 recognized by the United States Department of Education to pursue an academic 22 undergraduate degree, shall be awarded by the state an amount to be determined by 23 the administering agency to equal the weighted average of the tuition amounts 24 charged to students attending public colleges and universities that offer academic 25 undergraduate degrees at the baccalaureate level during the 2016-2017 academic ACT No. 95 Page 1 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 99 ENROLLED 1 year. 2 * * * 3 §5027. Postsecondary institution enrollment 4 * * * 5 B. "Eligible college or university" means a public college or university in this 6 state or a regionally accredited an independent college or university in the state that 7 is a member of the Louisiana Association of Independent Colleges and Universities 8 and that is accredited by an institutional accrediting agency recognized by the 9 United States Department of Education. 10 C. Notwithstanding any provision of Subsection B of this Section, any 11 student who meets all applicable initial and continuing program eligibility 12 requirements of this Chapter for an Opportunity, Performance, or Honors Award 13 may use such the award at an out-of-state nonpublic college or university when each 14 of the following conditions is met: 15 (1) The college or university is accredited by a regional an institutional 16 accrediting organization recognized by the United States Department of Education. 17 * * * 18 §5029. Alternative initial eligibility requirements 19 A. A student who graduates from an out-of-state high school shall be eligible 20 to receive an award pursuant to this Chapter if each of the following conditions is 21 met: 22 (1) The student has been certified by the principal or headmaster to have met 23 one of the following criteria: 24 * * * 25 (c) The student graduated during the 2002-2003 school year or thereafter 26 from an out-of-state high school that is accredited by a regional an institutional 27 accrediting organization recognized by the United States Department of Education 28 and that meets the standards adopted by the State Board of Elementary and 29 Secondary Education for approval of nonpublic schools in Louisiana. 30 * * * Page 2 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 99 ENROLLED 1 §5043. Returning students 2 Notwithstanding any provision of this Chapter to the contrary, any otherwise 3 qualified student who meets each of the following conditions and who enrolls as a 4 first-time freshman in an out-of-state college or university, or beginning with the 5 2009-2010 academic year, first enrolls as a first-time freshman in an eligible college 6 or university in Louisiana and subsequently enrolls in an out-of-state college or 7 university, may use the program award provided for by this Section at an eligible 8 college or university in Louisiana in accordance with this Subsection and other 9 applicable provisions of this Chapter; however, the time period of award eligibility 10 set forth in R.S. 17:5002(E) shall be reduced by an equivalent number of units as 11 may be applicable for each semester or equivalent time period that the student is 12 enrolled in an out-of-state college or university: 13 * * * 14 (2) The student enrolled as a first-time freshman in one of the following: 15 (a) An out-of-state college or university in accordance with the timelines 16 specified by this Section for such enrollment in an eligible college or university in 17 Louisiana and the out-of-state college or university is accredited by a regional an 18 institutional accrediting organization recognized by the United States Department 19 of Education. 20 (b) An eligible college or university in Louisiana in accordance with the 21 timelines specified by this Section for such enrollment, who subsequently enrolled 22 in an out-of-state college or university that is accredited by a regional an 23 institutional accrediting organization recognized by the United States Department 24 of Education, and then reenrolled in an eligible college or university in Louisiana 25 during the 2009-2010 academic year or thereafter. 26 * * * 27 §5062. Rules, procedures, and guidelines 28 * * * 29 C. The administering agency shall provide the following: 30 * * * Page 3 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 99 ENROLLED 1 (4)(a) Guidelines and procedures permitting the administering agency to 2 receive and consider, beginning with for awards made for the 2000-2001 academic 3 year and through the 2002-2003 academic year, an applicant's qualifying score on 4 the ACT or on the SAT that is obtained on an authorized testing date after the date 5 of the applicant's high school graduation but prior to July first of the year of such 6 graduation. 7 (b) Guidelines and procedures permitting the administering agency to receive 8 and consider, beginning with for awards made for the 2003-2004 academic year and 9 thereafter through the 2019-2020 academic year, an applicant's qualifying score 10 on the ACT or on the SAT which that is first obtained on an authorized testing date 11 after the national April ACT testing date in the year of the applicant's high school 12 graduation but prior to July first of the year of such graduation. 13 (c) Guidelines and procedures permitting the administering agency to receive 14 and consider, beginning with for awards made for the 2011-2012 academic year and 15 thereafter through the 2019-2020 academic year, an applicant's qualifying score 16 on the ACT or on the SAT which that is first obtained on an authorized testing date 17 after the national April ACT testing date in the year of the applicant's high school 18 graduation but prior to July first September thirtieth of the year of such graduation 19 or, if the administering authority determines that the applicant was prevented from 20 taking the test prior to July first of the year of graduation due to circumstances 21 beyond the immediate control of the student and attributable to the administration 22 of the test, prior to September thirtieth of the year of such graduation. 23 (d) Guidelines and procedures permitting the administering agency to 24 receive and consider, beginning with awards made for the 2020-2021 academic 25 year, an applicant's qualifying score on the ACT or on the SAT that is first 26 obtained on an authorized testing date after the national April ACT testing date 27 in the year of the applicant's high school graduation but prior to August first 28 of the year of graduation. 29 (e)When granting an award to an applicant whose qualifying test score is 30 considered by the agency pursuant to the provisions of this Paragraph, the agency Page 4 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 99 ENROLLED 1 shall reduce the time period of eligibility for the award as set forth in R.S. 17:5002 2 by one semester or an equivalent number of units at an eligible institution which that 3 operates on a schedule based on units other than semesters. 4 (5)(a) Notwithstanding any other provision of law, guidelines Guidelines and 5 procedures by which the administering agency may receive and consider, for awards 6 made through the 2019-2020 academic year, an applicant's qualifying score on the 7 ACT or SAT which that is first obtained on an authorized testing date after the 8 national April testing date in the year of the applicant's high school graduation 9 provided that: 10 (i) The administering agency determines that the applicant was prevented 11 from taking the test on or prior to the national April testing date of the year of the 12 applicant's graduation due to circumstances beyond the immediate control of the 13 student which that were attributable to the administration of the test. 14 (ii) The applicant's qualifying score is obtained on an authorized testing date 15 prior to August first of the year of the applicant's graduation. 16 (b) Guidelines and procedures by which the administering agency may 17 receive and consider, beginning with awards made for the 2020-2021 academic 18 year, an applicant's qualifying score on the ACT or SAT that is first obtained 19 on an authorized testing date after the national April testing date in the year of 20 the applicant's high school graduation provided that: 21 (i) The administering agency determines that the applicant was 22 prevented from taking the test on or prior to the national April testing date of 23 the year of the applicant's graduation due to circumstances beyond the 24 immediate control of the student that were attributable to the administration 25 of the test. 26 (ii) The applicant's qualifying score is obtained on an authorized testing 27 date prior to September thirtieth of the year of the applicant's graduation. 28 (c) When granting an award to an applicant whose qualifying test score is 29 considered by the agency pursuant to the provisions of this Paragraph, the agency 30 shall not reduce the time period of eligibility for the award as set forth in R.S. 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SB NO. 99 ENROLLED 1 17:5002. 2 (6)(a) Guidelines and procedures by which the administering agency may 3 receive and consider, beginning with awards made for the 2020-2021 academic 4 year, an application for an initial award from an applicant who graduated from 5 an approved home study program who did not meet the requirements of R.S. 6 17:5029(B)(1)(b)(i) provided that: 7 (i) The administering agency determines the applicant's move to an 8 approved home study program was precipitated by circumstances documented 9 to be beyond the immediate control of the applicant. 10 (ii) The applicant meets all other requirements of R.S. 17:5029(B). 11 (b)When granting an award to an applicant whose qualifying test score 12 is considered by the agency pursuant to the provisions of this Paragraph, the 13 agency shall not reduce the time period of eligibility for the award as set forth 14 in R.S. 17:5002. 15 * * * 16 §5103. Eligibility under declared health emergency 17 * * * 18 B.(1) In response to the public health emergency, provisions of this Chapter 19 that provide for initial eligibility are modified or waived as more fully specified in 20 this Subsection: 21 (a) Notwithstanding the provisions of R.S. 17:5062, the deadline for taking 22 the ACT or SAT for purposes of consideration for an award for students graduating 23 from high school in 2020 is December 31, 2020. 24 (i) The administering agency may provide an exception to this deadline if the 25 student provides documentation that he was registered for a test that was canceled 26 due to COVID-19 and was unable to schedule of: 27 (aa) Registration for a test scheduled on a date prior to the deadline. 28 (bb) Inability to take the test as scheduled due to circumstances related 29 to COVID-19. 30 (cc) Inability to reschedule a test before the deadline due to circumstances Page 6 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 99 ENROLLED 1 beyond his the student's control, as determined by the administering agency. 2 (ii) The administering agency shall not reduce the time period of eligibility 3 for the award, as set forth in R.S. 17:5002, of an applicant who qualifies for an award 4 pursuant to authority granted by this Subparagraph Item. The initial award or 5 upgraded award shall be paid for the first time beginning with the semester during 6 which the qualifying score was achieved. 7 (b)(i) Notwithstanding the provisions of R.S. 17:5062, the deadline for 8 taking the ACT or SAT for consideration for an award for students graduating 9 from high school in 2021 may be extended beyond the deadline if the applicant 10 provides documentation of: 11 (aa) Registration for a test scheduled on a date prior to the deadline. 12 (bb) Inability to take the test as scheduled due to circumstances related 13 to COVID-19. 14 (cc) Inability to reschedule a test before the deadline due to 15 circumstances beyond the student's control, as determined by the administering 16 agency. 17 (ii) The administering agency shall not reduce the time period of 18 eligibility for the award, as set forth in R.S. 17:5002, of an applicant who 19 qualifies for an award pursuant to authority granted by this Item. 20 (b)(c) Notwithstanding the provisions of R.S. 17:5026, a student on a Jump 21 Start graduation track shall not be required to complete any Jump Start course, 22 experience, or credential that was waived by the student's high school for high school 23 graduation purposes. 24 (c)(d) The administering agency may waive the home study requirements of 25 R.S. 17:5029 R.S. 17:5029(B)(1)(b)(i) for a student if it determines that the student's 26 failure to meet those requirements was, more likely than not, due solely to 27 consequences of measures taken to limit the spread of COVID-19. 28 * * * 29 Section 2. This Act shall become effective upon signature by the governor or, if not 30 signed by the governor, upon expiration of the time for bills to become law without signature Page 7 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 99 ENROLLED 1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 2 vetoed by the governor and subsequently approved by the legislature, this Act shall become 3 effective on the day following such approval. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 8 of 8 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.