Bill Summary – FastDemocracy

RÉSUMÉ DIGEST
ACT 17 (HB 40)              2020 Second Extraordinary Session                        Garofalo
Existing law provides for the Taylor Opportunity Program for Students (TOPS), a merit-
based college scholarship program. Provides eligibility criteria for the initial awarding of a
scholarship to a student and for retaining the scholarship from one semester to the next.
               Initial eligibility for students impacted by Hurricane Laura
New law modifies initial eligibility requirements for a TOPS award for certain students as
follows:
(1)    Existing administrative rule provides that the deadline for taking the ACT is April.
       New law provides that the 2020 deadline is Dec. 31, 2020, and prohibits reducing the
       period of eligibility for a student who qualifies under this extended deadline.
       Authorizes the administering agency to provide an exception if the student was
       registered for a test canceled due to the hurricane and unable to schedule a test before
       the deadline due to circumstances beyond his control. Specifies that the initial or
       upgraded award shall first be paid for the semester during which the qualifying score
       was achieved.
(2)    A student who graduates from an out-of-state high school shall not be required to
       have a higher ACT score than in-state graduates.
(3)    A student shall not be required to complete a core curriculum if his principal certifies
       that failure to comply was due to lack of course availability.
(4)    Residency requirements shall be satisfied:
       (a)       If a student actually resided in La. during his entire 11th grade year and was
                 enrolled for such time in an eligible La. high school or, for dependent
                 students, if he has a parent or court-ordered custodian who actually resided
                 in an affected parish for at least the 12 months prior to Aug. 26, 2020.
       (b)       If a parent of a student who graduates from an out-of-state high school and
                 who was displaced from an affected parish due to Hurricane Laura actually
                 resided in La. for at least the 12 months prior to Aug. 26, 2020.
(5)    A home study student who attended a La. high school and who completes the 12th
       grade in a home study program shall not be required to have completed both the 11th
       and 12th grades in the program.
New law above relative to initial eligibility applies only to a student who, on Aug. 26, 2020,
met one of the following criteria:
(1)    He was enrolled in a public or nonpublic high school located in an affected parish.
(2)    He resided in an affected parish and was enrolled in an approved home study
       program.
             Continuing eligibility for students impacted by Hurricane Laura
New law, applicable to the 2020-2021 academic year, modifies continuing eligibility
requirements for a TOPS award for certain students as follows:
(1)    Waives existing law requirements for steady academic progress and a certain
       cumulative GPA.
(2)    Existing law provides for possible reinstatement of an award suspended because of
       GPA or failure to make steady academic progress. New law extends the time a
       student has to recover an award by one semester for each he is unable to enroll or
       complete.
(3)    Waives existing law providing for the reduction of eligibility by a semester for each
       semester that a student is enrolled in an out-of-state college or university.
New law above relative to continuing eligibility is only applicable to a person who, on
Aug. 26, 2020, was eligible for or had a program award and met one of the following criteria:
(1)    He had a home of record in an affected parish.
(2)    He was enrolled in an eligible college or university in an affected parish.
For all of the above new law purposes, "affected parish" means Acadia, Allen, Beauregard,
Caddo, Calcasieu, Cameron, Grant, Jackson, Jefferson Davis, LaSalle, Lincoln, Morehouse,
Natchitoches, Ouachita, Rapides, Sabine, St. Landry, Union, Vermilion, Vernon, or Winn.
New law authorizes the administering agency to waive existing law relative to TOPS
eligibility requirements that a student cannot comply with if it determines that failure to
comply is, more likely than not, due solely to one of the following:
(1)    The effects of Hurricane Laura.
(2)    Another declared disaster or emergency; this authority is limited to the 2020-2021
       academic year.
Rules adopted pursuant to this authority to waive eligibility requirements are subject to, in
addition to existing law relative to legislative oversight, the oversight and approval authority
of the Jt. Legislative Committee on the Budget.
                 TOPS eligibility for students impacted by COVID-19
Existing administrative rule provides that the deadline for taking the ACT is April. Existing
law extends this deadline for 2020 and prohibits reducing the period of eligibility for a
student who qualifies under the extended deadline. Prior law provided that the extended
deadline was Sept. 30, 2020. New law moves this deadline from Sept. 30, 2020, to Dec. 31,
2020, and authorizes the administering agency to provide an exception if the student was
registered for a test canceled due to COVID-19 and unable to schedule a test before the
deadline due to circumstances beyond his control. Specifies that the initial or upgraded
award shall first be paid for the semester during which the qualifying score was achieved.
Effective upon signature of governor (October 28, 2020).
(Amends R.S. 17:5103(B)(1)(a); Adds R.S. 17:5104)
Statutes affected: 
HB40 Original: 17:5103(B)(1)
HB40 Engrossed: 17:5103(B)(1)
HB40 Reengrossed: 17:5103(B)(1)
HB40 Enrolled: 17:5103(B)(1)
HB40 Act 17: 17:5103(B)(1)