Table of Contents
Part III. Proprietary School
Chapter 1. General Provisions 1
§101. Citation and Abbreviation 1
§103. Definitions 1
§105. Proprietary Schools Law and the Administrative Procedure Act Incorporated 2
§107. Computation of Time 2
Chapter 3. Procedures 2
Subchapter A. General Procedural Rules 2
§301. Initiation of Proceedings 2
Subchapter B. Pleadings 3
§303. Petition to Adopt, Amend or Repeal a Rule 3
Subchapter C. Citation and Production of Evidence for Rule-Making Procedures 3
§305. Voluntary Submission of Evidence 3
Subchapter D. Public Hearings 3
§307. Adjudication 3
Subchapter E. Declaratory Orders and Rulings 4
§309. Declaratory Orders and Rulings 4
Chapter 5. License Requirements 4
§501. Applications 4
§503. Student Protection Fund 5
§505. Affidavits 5
§507. Surety Bond 5
§509. Other Provisions Concerning License 5
§511. Denial of Recommendation of License and Commission Hearing 5
§513. Revocation of License 5
Chapter 7. Personnel Affidavits/Permits 6
§701. Completion of Affidavits by Non-Instructional Personnel/Instructional Personnel 6
§703. Solicitor Application, Bonds, Renewal, Denial, and Revocation 6
Chapter 9. Proprietary Schools Applications 7
§901. Initial License or Change of Ownership License Procedures 7
§903. License Renewal 8
§905. Associate in Occupational Studies (AOS) Degree Application 9
Chapter 11. Student Protection Fund 9
§1101. Policies and Procedures 9
Chapter 13. Advertising Rules for Proprietary Schools 10
§1301. Advertising Rules 10
Chapter 15. Violations 10
§1501. Authority, Investigation, and Sanctions 10
Chapter 17. Student Complaint Procedure 12
§1701. Policies, Conciliation, Conference, Hearing, and Review 12
Chapter 19. Student Records 13
§1901. General Policies 13
§1903. Transfer of Student Records 13
§1905. Penalties 13
Chapter 21. Exceptions 13
§2101. Board Authority 13
Chapter 23. Forms 14
§2301. Proprietary Schools Licensure Forms 14
Part IV. Student Financial Assistance¾Higher Education
Scholarship and Grant Programs
Chapter 1. Scope 17
§101. Introduction 17
§103. Purpose 17
§105. Effective Date 17
§107. Authority to Audit 17
§109. Discrimination Prohibition 18
§111. Criminal Penalties 18
§113. Personally Identifiable Information (PII) 18
Chapter 3. Definitions 19
§301. Definitions 19
Chapter 5. Applications, Federal Grant Aid and ACT Test 28
§501. Initial Application 28
§502. Consent Required to Process Applications and Deadlines 29
§503. Application Deadlines for High School Graduates of 2003 and Earlier 30
§504. Out-of-State and Out-of-Country High School Graduates and Eligible Non-Graduates 31
§505. Application Deadlines for High School Graduates and Home Study Completers of 2004 and
Later and Eligible Non-Graduates 31
§506. Proof of Compliance 35
§507. Final Deadline for Submitting Documentation of Eligibility 36
§509. ACT Testing Deadline 38
Chapter 7. Taylor Opportunity Program for Students (TOPS) Opportunity, Performance, and Honors Awards 39
§701. General Provisions 39
§703. Establishing Eligibility 42
§705. Maintaining Eligibility 56
Chapter 8. TOPS-Tech Award 60
§801. General Provisions 60
§803. Establishing Eligibility 60
§805. Maintaining Eligibility 64
Chapter 9. TOPS Teacher Award 66
§901. General Provisions 66
§903. Establishing Eligibility 66
§905. Selection Criteria 67
§907. Maintaining Eligibility 67
§909. Completion of Promissory Note and Acceptance of Award 68
§911. Discharge of Obligation 68
Chapter 10. TOPS-Tech Early Start Award 69
§1001. General Provisions 69
§1003. Definitions 69
§1005. Establishing Eligibility 69
§1007. Maintaining Eligibility 70
§1009. Responsibilities of LOSFA 70
§1011. Responsibilities of High Schools 70
§1013. Responsibilities of Louisiana Public and Nonpublic Postsecondary Institutions and
Approved Training Providers 70
§1015. Responsibilities of the Workforce Investment Council 70
§1017. Responsibilities of the State Board of Elementary and Secondary Education (BESE) 71
Chapter 11. Rockefeller State Wildlife Scholarship 71
§1101. General Provisions 71
§1103. Establishing Eligibility 72
§1105. Selection Criteria 73
§1107. Maintaining Eligibility 73
§1109. Acceptance of Award 73
§1111. Discharge of Obligation for Recipients First Accepting an Award through the 2009-2010 Academic Year 74
Chapter 12. Louisiana GO Grant 74
§1201. General Provisions 74
§1203. Definitions 75
§1205. Initial Eligibility 76
§1207. Continuing Eligibility 76
§1209. Responsibilities of Eligible Louisiana Institutions [Formerly §1211] 77
§1213. Responsibilities of LOSFA 78
§1215. Responsibilities of LASFAC 78
§1217. Responsibilities of the Board of Regents 78
Chapter 13. Leveraging Educational Assistance Partnership (LEAP) 79
§1301. General Provisions 79
§1303. Establishing Eligibility 79
§1305. Maintaining Eligibility 80
Chapter 14. Early Start Program 80
§1401. General Provisions 80
§1403. Definitions 81
§1405. Establishing Eligibility 81
§1407. Continuing Enrollment 82
§1409. Responsibilities of High Schools and School Boards and Parents of Home School Students 82
§1413. Responsibilities of Eligible Louisiana Postsecondary Institutions 83
§1415. Responsibilities of the Board of Regents 84
§1417. Responsibilities of LOSFA 84
§1419. Responsibilities of LASFAC 84
Chapter 15. Grant Opportunity for Youth ChalleNGe Skills Training Program 84
§1501. General Provisions 84
§1503. Establishing Initial Eligibility 85
§1505. Deadline to Enroll as a Full-Time Student 85
§1507. Maintaining Eligibility 85
§1509. Responsibilities of the State Military Department (SMD) 86
§1511. Responsibilities of LOSFA 86
§1513. Funding Shortfall 86
Chapter 16. Health Care Educator Loan Forgiveness Program 87
§1601. General Provisions 87
§1603. Definitions 87
§1605. Participation in the Program 87
§1607. Exceptions to Program Requirements 88
§1609. Discharge of Obligation 88
§1611. Responsibilities of Program Fund Recipients 89
§1613. Responsibilities of Participating Institutions 89
§1615. Responsibilities of the Board of Regents 90
§1617. Responsibilities of LOSFA 90
§1619. Responsibilities of LASFAC 90
Chapter 17. Responsibilities of High Schools, School Boards, Special School Governing Boards, the Louisiana Department of Education and LASFAC on Behalf of Eligible Non-Louisiana
High Schools 91
§1701. Eligibility of Graduates Based upon the High School Attended 91
§1703. High School's Certification of Student Achievement 92
§1705. Notification of Certified Students 95
Chapter 18. Chafee Educational and Training Voucher Program 95
§1801. General Provisions 95
§1803. Definitions 96
§1805. Eligibility 96
§1807. Eligibility of Institutions of Higher Education 96
§1809. Responsibilities of Participating Institutions of Higher Education 97
§1813. Responsibilities of the Louisiana Department of Social Services 97
§1817. Responsibilities of LOSFA 98
§1819. Responsibilities of LASFAC 98
Chapter 19. Eligibility and Responsibilities of Post-Secondary Institutions 98
§1901. Eligibility of Post-Secondary Institutions to Participate 98
§1903. Responsibilities of Post-Secondary Institutions 98
Chapter 20. John R. Justice Student Grant Program 102
§2001. General Provisions 102
§2003. Definitions 102
§2005. Eligibility 103
§2007. Applicable Deadlines 103
§2011. Responsibilities of LOSFA 104
§2013. Responsibilities of LASFAC 104
Chapter 21. Miscellaneous Provisions and Exceptions 104
§2101. Academic Suspension of Awards and Reinstatement 104
§2103. Circumstances Warranting Exception to the Initial and Continuous Enrollment Requirements 104
§2105. Repayment Obligation, Deferment, Cancellation and Reduced Payments 109
§2107. Funding and Fees 112
§2109. Agency Decisions Subject to Appeal 113
§2113. Revision of the Core Curricula 114
§2115. Procedures for Disabled Students and Exceptional Children 114
Chapter 23. Tuition Payment Program for Medical School Students 114
§2301. General Provisions 114
§2303. Establishing Eligibility 115
§2305. Application Process and Selection Criteria 115
§2307. Award Amount 116
§2309. Maintaining Eligibility 116
§2311. Completion of Promissory Note and Acceptance of Award 117
§2313. Discharge of Obligation 117
Part V. Student Financial Assistance¾Higher Education Loan Program
Chapter 1. Student Financial Assistance Commission Bylaws 119
§101. Definitions and Authority 119
§103. Meetings 119
§105. Officers of the Commission and Executive Staff 120
§107. Order of Business 120
§109. Committees 121
§111. Communications to the Commission 122
§113. Rights Duties and Responsibilities of the Executive Staff of the Commission 122
§115. Responsibilities of Commission Members 123
§117. Amendment or Repeal of Bylaws 123
§119. Rules and Regulations of Louisiana Student Financial Assistance Commission 123
§121. Effective Date 124
§123. Repealing Clause 124
Chapter 2. Bylaws of the Advisory Committee to the Student Financial Assistance Commission 124
Subchapter A. Purpose and Authority 124
§201. Purpose of the Committee 124
§203. Authority of the Committee 124
Subchapter B. Meetings 124
§211. Regular Meetings 124
§213. Special Meetings 124
§215. Compensation 124
§217. Quorum 125
Subchapter C. Membership and Officers of the Committee 125
§221. Membership 125
§223. Chairman and Vice-Chairman 126
§225. Ex Officio Member, the Executive Director of the Office of Student Financial
Assistance (OSFA) 126
Subchapter D. Business Rules 127
§231. Rules of Order 127
§233. Order of Business 127
§235. Meetings 127
§237. Agenda 127
§239. Minutes 127
§241. Meeting Attendance 127
§243. Subcommittees 127
Subchapter E. Approval and Amendment of Bylaws 128
§245. Approval of Bylaws 128
§247. Amendments to Bylaws 128
Part VI. Student Financial Assistance--Higher Education Savings
Chapter 1. General Provisions 129
Subchapter A. Tuition Trust Authority 129
§101. General Provisions 129
§103. Legislative Authority 129
§105. Program Administration 129
§107. Applicable Definitions 129
Chapter 3. Education Savings Account 133
§301. Education Savings Accounts 133
§303. Account Owner Classifications 135
§305. Deposits to Education Savings Accounts 136
§307. Allocation of Earnings Enhancements (EEs) 137
§309. Disbursement of Account Funds for Payment of Qualified Higher Education Expenses of a Beneficiary 139
§311. Termination, Refund, and Rollovers of an Education Savings Account 140
§313. Substitution, Assignment, and Transfer 141
§315. Miscellaneous Provisions 142
Chapter 5. Achieving a Better Life Experience (ABLE) 145
§501. General Provisions 145
§503. Legislative Authority 145
§505. Program Administration 145
§507. Applicable Definitions 145
§509. Establishment of an ABLE Account 147
§511. Deposits to ABLE Accounts 148
§513. Disbursement of Account Funds for Payment of QDEs 149
§515. Effect on Federal and State Assistance Programs 150
§517. Termination, Refund, and Rollovers of an Education Savings Account 150
§519. Substitution, Assignment, and Transfer 151
§521. Miscellaneous Provisions 151
Part VII. Tuition Trust Authority
Chapter 1. Bylaws 153
§101. Definitions and Authority 153
§103. Meetings 153
§105. Officers of the Authority and Executive Staff 154
§107. Order of Business 154
§109. Committees 155
§111. Communications to the Authority 156
§113. Rights, Duties and Responsibilities of Executive Staff of the Authority 156
§115. Responsibilities of Authority Members 157
§117. Amendment or Repeal of Bylaws 157
§119. Rules and Regulations of Louisiana Tuition Trust Authority 158
§121. Effective Dates 158
§123. Repealing Clause 158
§125. Conforming Clause 158
Part IX. Regents
Chapter l. Rules for Registration and Licensure 159
§101. Definition of Terms 159
§103. Registration and License Applications 159
§105. License Fees 159
§107. Information Requirements for Registration1 159
Chapter 3. Criteria and Requirements for Licensure 160
§301. General Standards 160
§302. Institutional Accreditation 160
§303. Faculty 160
§305. Academic Program Standards 160
§307. Physical Plant Standards 161
§309. Financial Operations 161
§311. Maintenance of Records 161
§313. Student Services1 162
§315. Organization and Administration 162
§317. Procedures for Tuition and Fee Refunds 162
§319. Surety Bonding 163
§321. Rules and Guidelines on Advertising1 163
§323. Hearings and Appeals 163
§325. Sale of Ownership and Transfer of License 163
§327. Licensure Denial 163
Chapter 5. Consumer Protection 163
§501. General Provisions 163
Title 28
EDUCATION
Part III. Proprietary Schools
163
Louisiana Administrative Code April 2017
Title 28, Part III
Chapter 1. General Provisions
§101. Citation and Abbreviation
A. These rules and regulations of the Board of Regents ("Board") govern the licensing and monitoring of proprietary schools operating in Louisiana upon the recommendation and advice of the Proprietary Schools Advisory Commission ("Commission").
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3141.3(D)(2) and (E).
HISTORICAL NOTE: Promulgated by the Department of Education, Board of Regents, LR 33:1857 (September 2007).
§103. Definitions
Proprietary Schools, hereinafter referred to as "school"―any business enterprise operated on a profit or on a nonprofit basis which maintains a place of business within this state, or which sells or offers for sale any course of instruction in this state, either by correspondence using the mails or by any other means of communication, or by personal solicitation, at which place of business such course or course of instruction or study is available through classroom instruction, or both, to a person or persons for the purpose of training or preparing such person(s) for a field of endeavor in a business, trade, technical, or industrial occupation, except as hereinafter excluded. For purposes of this definition, a school that sells or offers for sale any course of instruction in this state through the internet or by correspondence is deemed a school only if it is also domiciled in the state or has a physical presence in the state. Physical presence shall include a mailing address in the state, a solicitor recruiting students in the state, or actual facilities in the state. The definition of a school shall not include:
1. a school or educational institution supported entirely or partly by public funds from either a local or state source. This provision only exempts from the board's regulation those schools that derive direct and significant support from public funds (such as through direct appropriation, and not schools that derive indirect benefit from public funds, such as through contractual payments from governmental agencies);
2. a parochial, denominational or eleemosynary school or institution that provides religious training or theological education; however, any such school or institution that also offers training in a secular field of endeavor shall be subject to the provisions of this Chapter;
3. a school or training program which offers instruction primarily in the field of recreation, health, entertainment or personal enrichment and which does not purport to prepare or qualify persons for employment as determined by the commission;
4. a course or courses of instruction or study sponsored by an employer exclusively for the training and preparation of its own employees when the employer is not primarily engaged in the business of selling or offering course of instruction or study. This includes those businesses that engage in contract training exclusively, and where admission/enrollment is not available to the general public;
5. a course or courses of study or instruction sponsored by a recognized trade, business or professional organization for the instruction of the members of such organization;
6. private colleges and universities which only award a baccalaureate or higher degree and which maintain and operate educational programs for which academic credits are given;
7. a private school which provides a basic academic education comparable to that provided in the public schools of the state;
8. a school offering a program only for children under six years of age;
9. a school which is otherwise regulated and licensed under the laws of this state;
10. a private tutor, teacher or individual engaged in giving private tutoring or lessons to five persons or less in non-school connected activities severed from the regular curriculum of a school as determined by the commission;
11. a day camp;
12. a training program that does not have attendance requirements in place for persons taking the courses and which offers for sale only non-sequential and non-continuous courses of one week duration or less which do not exceed 20 hours of training;
13. a manufacturer-certified training center that offers, at no additional charge to the person receiving training, manufacturer-authorized training that is included as part of the manufacturer's pricing package to prepare persons for certification conferred by the manufacturer and that uses course equipment and materials which are developed and sold by the manufacturer and course instructors and facilities which are certified by the manufacturer;
14. a school or business enterprise which offers instruction to prepare students for tests which are required for entry into a post secondary program of study; or
15. a business which engages in contract training and is reimbursed by the business.
Branch School―a separate facility established by a main school, under the main school's management, control and supervision. The branch may offer full student services and is under the supervision of a designated on-site employee responsible for the day-to-day operation of the branch. Each branch school shall be separately licensed and bonded.