RS 17:5062     

§5062. Rules, procedures, and guidelines

            A. The administering agency shall provide by rule for the following:

            (1) A mechanism for informing all students of the availability of the assistance provided pursuant to this Chapter early enough in their schooling that a salutary motivational effect is possible.

            (2) Applications, forms, financial audit procedures, eligibility and other program audit procedures, and other matters related to efficient operation, including timelines and deadlines for receipt by the administering agency of any information required to implement the provisions of this Chapter. The administering agency may provide an alternative application for students who can demonstrate that they do not qualify for federal grant aid.

            B. The administering agency shall provide the following procedures and requirements:

            (1) A procedure for waiver through the 2002-2003 school year of the requirement that a student complete the high school curriculum specified in R.S. 17:5025.1 and 5026(B), upon proper documentation by the high school's principal or authorized designee that failure to comply with such requirement was due solely to the fact that the required course or courses were not available to the applicant at the school attended.

            (2) A procedure whereby any student graduating from high school during the 1996-1997 or the 1997-1998 school year who is required to meet the provisions of R.S. 17:5025.1(11) or 5026(B)(11) relative to successful completion of one unit of Foreign Language shall be able to meet such requirement after graduating from high school.

            (3) A procedure for waiver of the requirement that a student complete the high school curriculum specified in this Chapter upon proper documentation by the high school's principal or authorized designee that the student is an exceptional child as defined by R.S. 17:1942, excluding gifted and talented, and that failure to comply with the specified curriculum was due solely to the student's exceptionality.

            (4) A procedure for waiver of a high school curriculum requirement specified in this Chapter for any student not otherwise covered by the provisions of Paragraph (3) of this Subsection but who has one or more learning, visual, hearing, or physical disabilities diagnosed by a person licensed or certified to diagnose such disability, when the diagnosis states the need for the student to be provided special accommodation by the high school relative to the curriculum requirement, the student requested and was provided such special accommodation by the high school, and failure to comply with the curriculum requirement was due solely to the student being disabled.

            (5) A requirement that all reports of student performance or disability submitted to the administering agency and used to determine student eligibility be certified by the responsible authority.

            C. The administering agency shall provide the following:

            (1) Guidelines and procedures by which the administering agency, in consultation with the State Board of Elementary and Secondary Education, may update the course name and establish course equivalencies for any course included in the definition of core curriculum provided by this Chapter, including necessary changes to course names and equivalencies for Advanced Placement and International Baccalaureate courses as prescribed by the College Board or the International Baccalaureate Foundation. The guidelines and procedures shall include but not be limited to a requirement that any change in a course name and the establishment of any course equivalency be done by rule adopted by the administering agency.

            (2) Guidelines and procedures directing that when tuition is paid from a source other than the award made pursuant to this Chapter, the award shall be applied by the institution attended by the student toward payment of expenses other than tuition which are described in the term "cost of attendance" as that term is defined in 20 U.S.C. 1087(II), as amended, for the purpose of qualifying the student or his parent or court-ordered custodian for the federal income tax credits provided for under 26 U.S.C. 25A.

            (3)(a) Guidelines and procedures permitting the administering agency to receive and consider an application for an initial award, an application for the continuation of an award, or an application to return from an out-of-state college or university under this Chapter that is received by the agency after the final deadline established by the agency for the receipt of such application but not later than one hundred twenty days after the deadline.

            (b) Guidelines and procedures permitting the administering agency, for the 2007-2008 academic year and thereafter, to receive and consider an application for an award under this Chapter as authorized by R.S. 17:5023 that is received by the agency after the final deadline established by the agency for the receipt of such application, but not later than one hundred twenty days after the deadline.

            (c)(i) When granting an award based on an application that is considered by the agency pursuant to the provisions of this Paragraph and such application is received by the agency not later than sixty days after the final deadline, the agency shall reduce the time period of eligibility for the award as set forth in R.S. 17:5002 by one semester or an equivalent number of units at an eligible institution which operates on a schedule based on units other than semesters.

            (ii) When granting an award based on an application that is considered by the agency pursuant to the provisions of this Paragraph and such application is received by the agency more than sixty days after the final deadline, the agency shall reduce the time period of eligibility for the award as set forth in R.S. 17:5002 by two semesters or an equivalent number of units at an eligible institution which operates on a schedule based on units other than semesters.

            (4)(a) Guidelines and procedures permitting the administering agency to receive and consider, for awards made for the 2000-2001 academic year through the 2002-2003 academic year, an applicant's qualifying score on the ACT or on the SAT that is obtained on an authorized testing date after the date of the applicant's high school graduation but prior to July first of the year of graduation.

            (b) Guidelines and procedures permitting the administering agency to receive and consider, for awards made for the 2003-2004 academic year through the 2019-2020 academic year, an applicant's qualifying score on the ACT or on the SAT that is first obtained on an authorized testing date after the national April ACT testing date in the year of the applicant's high school graduation but prior to July first of the year of graduation.

            (c) Guidelines and procedures permitting the administering agency to receive and consider, for awards made for the 2011-2012 academic year through the 2019-2020 academic year, an applicant's qualifying score on the ACT or on the SAT that is first obtained on an authorized testing date after the national April ACT testing date in the year of the applicant's high school graduation but prior to September thirtieth of the year of graduation if the administering authority determines that the applicant was prevented from taking the test prior to July first of the year of graduation due to circumstances beyond the immediate control of the student and attributable to the administration of the test.

            (d) Guidelines and procedures permitting the administering agency to receive and consider, beginning with awards made for the 2020-2021 academic year, an applicant's qualifying score on the ACT or on the SAT that is first obtained on an authorized testing date after the national April ACT testing date in the year of the applicant's high school graduation but prior to August first of the year of graduation.

            (e) When granting an award to an applicant whose qualifying test score is considered by the agency pursuant to the provisions of this Paragraph, the agency shall reduce the time period of eligibility for the award as set forth in R.S. 17:5002 by one semester or an equivalent number of units at an eligible institution that operates on a schedule based on units other than semesters.

            (5)(a) Guidelines and procedures by which the administering agency may receive and consider, for awards made through the 2019-2020 academic year, an applicant's qualifying score on the ACT or SAT that is first obtained on an authorized testing date after the national April testing date in the year of the applicant's high school graduation provided that:

            (i) The administering agency determines that the applicant was prevented from taking the test on or prior to the national April testing date of the year of the applicant's graduation due to circumstances beyond the immediate control of the student that were attributable to the administration of the test.

            (ii) The applicant's qualifying score is obtained on an authorized testing date prior to August first of the year of the applicant's graduation.

            (b) Guidelines and procedures by which the administering agency may receive and consider, beginning with awards made for the 2020-2021 academic year, an applicant's qualifying score on the ACT or SAT that is first obtained on an authorized testing date after the national April testing date in the year of the applicant's high school graduation provided that:

            (i) The administering agency determines that the applicant was prevented from taking the test on or prior to the national April testing date of the year of the applicant's graduation due to circumstances beyond the immediate control of the student that were attributable to the administration of the test.

            (ii) The applicant's qualifying score is obtained on an authorized testing date prior to September thirtieth of the year of the applicant's graduation.

            (c) When granting an award to an applicant whose qualifying test score is considered by the agency pursuant to the provisions of this Paragraph, the agency shall not reduce the time period of eligibility for the award as set forth in R.S. 17:5002.

            (6)(a) Guidelines and procedures by which the administering agency may receive and consider, beginning with awards made for the 2020-2021 academic year, an application for an initial award from an applicant who graduated from an approved home study program who did not meet the requirements of R.S. 17:5029(B)(1)(b)(i) provided that:

            (i) The administering agency determines the applicant's move to an approved home study program was precipitated by circumstances documented to be beyond the immediate control of the applicant.

            (ii) The applicant meets all other requirements of R.S. 17:5029(B).

            (b) When granting an award to an applicant whose qualifying test score is considered by the agency pursuant to the provisions of this Paragraph, the agency shall not reduce the time period of eligibility for the award as set forth in R.S. 17:5002.

            Acts 2015, No. 227, §1; Acts 2018, No. 671, §1, eff. June 1, 2018; Acts 2021, No. 95, §1, eff. June 4, 2021.