§5029. Alternative initial eligibility requirements

            A. A student who graduates from an out-of-state high school shall be eligible to receive an award pursuant to this Chapter if each of the following conditions is met:

            (1) The student has been certified by the principal or headmaster to have met one of the following criteria:

            (a) The student graduated during the 1996-1997 school year or thereafter from an out-of-state high school that has been approved by the appropriate state educational agency in the state in which the school is located.

            (b) The student graduated from an out-of-state high school that is accredited by the Southern Association of Colleges and Schools and that meets the standards adopted by the State Board of Elementary and Secondary Education for approval of nonpublic schools in Louisiana.

            (c) The student graduated during the 2002-2003 school year or thereafter from an out-of-state high school that is accredited by an institutional accrediting organization recognized by the United States Department of Education and that meets the standards adopted by the State Board of Elementary and Secondary Education for approval of nonpublic schools in Louisiana.

            (d) The student graduated from a high school that has been approved by the United States Department of Defense.

            (e) The student graduated during the 2009-2010 school year or thereafter with an International Baccalaureate Diploma from an out-of-state high school approved by the International Baccalaureate Organization to issue such a diploma.

            (2) The student meets the requirements of R.S. 17:5022, 5023, 5027, and 5028.

            (3) The student has a composite score on the 1990 version of the ACT which is at least three points higher than that required by R.S. 17:5024(B) for the particular award or an equivalent concordant value on an enhanced or revised version of such test or on the SAT.

            B. A student who completes a home study program shall be eligible to receive an award pursuant to this Chapter if each of the following conditions is met:

            (1)(a) The student has been certified by a parent or court-ordered custodian to have successfully completed at the twelfth grade level a home study program approved by the State Board of Elementary and Secondary Education.

            (b)(i) Any such student who has previously attended a Louisiana public high school or nonpublic high school that has been approved by the State Board of Elementary and Secondary Education shall have begun his studies in the approved home study program no later than the conclusion of the tenth grade year.

            (ii) Any such student who has previously attended a Louisiana public high school, a Louisiana nonpublic high school, or an out-of-state high school shall be required to provide certification from the principal, headmaster, or other appropriate person at the high school previously attended that the student was in good standing at the time the student last attended such school.

            (2) The student meets the requirements of R.S. 17:5022, 5023, 5027, and 5028.

            (3)(a) Except as provided in Subparagraph (b) of this Paragraph, the student has a composite score on the 1990 version of the ACT which is at least three points higher than that required by R.S. 17:5024(B) for the particular award or an equivalent concordant value on an enhanced or revised version of such test or on the SAT.

            (b)(i) For a student qualifying for an initial program award for the 2005-2006 through the 2007-2008 award year pursuant to this Subsection, the student shall have a composite score on the 1990 version of the ACT which is at least two points higher than that required by R.S. 17:5024(B) for the particular award or an equivalent concordant value on an enhanced or revised version of such test or on the SAT.

            (ii) For a student qualifying for an initial TOPS-Tech or Opportunity Award for the 2008-2009 award year or thereafter pursuant to this Subsection, the student shall have a composite score on the 1990 version of the ACT which is at least two points higher than that required by R.S. 17:5024(B) for the particular award or an equivalent concordant value on an enhanced or revised version of such test or on the SAT.

            (iii) For a student qualifying for an initial Performance or Honors Award for the 2008-2009 award year or thereafter pursuant to this Subsection, the student shall have a composite score on the 1990 version of the ACT which is at least one point higher than that required by R.S. 17:5024(B) for the particular award or an equivalent concordant value on an enhanced or revised version of such test or on the SAT.

            C. A student who graduates from an out-of-country high school shall be eligible to receive an Opportunity or TOPS-Tech Award pursuant to this Chapter if each of the following conditions is met:

            (1) The student meets one of the following criteria:

            (a) The student has been certified by the principal or headmaster to have graduated during the 2000-2001 school year or thereafter from a high school located outside of the United States and its territories which meets the standards adopted by the State Board of Elementary and Secondary Education for approval of nonpublic schools in Louisiana and which is accredited by an accrediting organization recognized by the United States Department of Education.

            (b)(i) The student has been certified by a parent or court-ordered custodian to have successfully completed at the twelfth grade level a home study program approved by the State Board of Elementary and Secondary Education conducted outside the United States and its territories.

            (ii) Any such student who has previously attended a Louisiana public high school, a Louisiana nonpublic high school, or an out-of-state high school shall be required to provide certification from the principal, headmaster, or other appropriate person at the high school previously attended that the student was in good standing at the time the student last attended such school.

            (c) The student has been certified by the principal or headmaster to have graduated during the 2009-2010 school year or thereafter with an International Baccalaureate Diploma from a high school located outside of the United States and its territories and approved by the International Baccalaureate Organization to issue such a diploma.

            (2) The student meets the requirements of R.S. 17:5022, 5023, 5027, and 5028.

            (3) The student has a composite score on the 1990 version of the ACT which is at least three points higher than that required by R.S. 17:5024(B) for the particular award or an equivalent concordant value on an enhanced or revised version of such test or on the SAT.

            D.(1) Beginning with the 2004-2005 award year, a student who does not graduate from high school or complete a home study program shall be eligible to receive an Opportunity, Performance, or Honors Award pursuant to this Chapter if each of the following conditions is met:

            (a) As certified by a psychologist or psychiatrist licensed to practice in Louisiana, the student has a score that is at least in the superior range on the Wechsler Intelligence Scale for Children, Third Edition, or revised version of such instrument or, if provided for by the administering agency by rule, has an equivalent score on a comparable diagnostic instrument.

            (b) As certified by a psychologist or psychiatrist licensed to practice in Louisiana, the student has a composite score that is at least at the ninetieth percentile at the twelfth grade level in the reading, mathematics, and written language portions of the Wechsler Individual Achievement Test, Second Edition, or revised version of such test or, if provided for by the administering agency by rule, has an equivalent score on a comparable test.

            (c) Prior to enrolling for the first time in an eligible college or university, the student meets the requirements of R.S. 17:5024(B) otherwise applicable to a student who graduates from an eligible Louisiana high school relative to the student having at least the minimum composite score on the ACT or having an equivalent score on the SAT as specified for the respective awards.

            (d) The student enrolls in an eligible college or university and after successful completion of twelve hours of credit the student is enrolled in such a college or university on a full-time basis no later than his nineteenth birthday to pursue an academic undergraduate degree at the baccalaureate level. A student's award pursuant to the provisions of this Paragraph shall be effective upon such enrollment on a full-time basis.

            (e) The student meets the requirements of R.S. 17:5022, 5023, 5027, and 5028.

            (2) State payments on behalf of a student eligible for an award pursuant to this Subsection shall be in the same amounts as otherwise provided for by this Chapter for such award. The awards provided by this Subsection shall be for no more than eight semesters or an equivalent number of units in a college or university which operates on a schedule based on units other than semesters unless an extension is granted by the administering agency in accordance with its rules.

            E.(1) Notwithstanding the initial eligibility requirements established by this Chapter, effective for the 2020-2021, 2021-2022, and 2022-2023 academic years, an individual who was honorably discharged from a branch of the United States Armed Forces from a military installation in Louisiana shall be eligible to receive a TOPS-Tech Award, provided he meets all of the following requirements:

            (a) Had at least three years of military service prior to discharge.

            (b) Is a citizen of the United States.

            (c) Established Louisiana domicile within one year after discharge from military service, provided domicile was established on or after January 1, 2020.

            (d) Earned a 17 or higher score on the ACT or an equivalent concordant value on the SAT, or attained a silver level score or higher on the ACT WorkKeys system of assessments.

            (e) Enrolls in an eligible college or university within one year after notification of eligibility for the award.

            (2) An individual who is determined eligible for and receives a TOPS-Tech Award pursuant to this Subsection shall be subject to all other provisions of this Chapter relative to the award and the rules and regulations adopted by the administering agency.

            Acts 2015, No. 227, §1; Acts 2017, No. 97, §1; Acts 2020, No. 225, §1, eff. June 11, 2020; Acts 2021, No. 95, §1, eff. June 4, 2021.