Could eligible Louisiana students use TOPS awards at New Orleans Baptist Theological Seminary?

Plain-English summary

A legislator asked whether Louisiana high school graduates could use Tuition Opportunity Program for Students (TOPS) awards at New Orleans Baptist Theological Seminary if it joined the Louisiana Association of Independent Colleges and Universities (LAICU). The AG answered yes, assuming the seminary retained accreditation by the Commission on Colleges of the Southern Association of Colleges and Schools and was accepted into LAICU. Individual students still had to qualify under the TOPS statute and the Office of Student Financial Aid rules.

The opinion applied the same approach an earlier AG opinion had taken for St. Joseph Seminary College. Its conclusion was conditional on the seminary's institutional status and each student's eligibility; it did not say membership alone granted an award.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was LAICU membership enough on its own?
No. The opinion also assumed regional accreditation and required each student to meet TOPS eligibility rules.

Did the seminary's religious affiliation disqualify its students?
The AG identified no general bar in the cited TOPS statute for a qualifying private school such as the seminary.

Would every Louisiana graduate attending the seminary receive TOPS?
No. The conclusion covered graduates otherwise eligible for TOPS who enrolled as undergraduates, subject to program rules.

Had the AG considered another seminary college?
Yes. The opinion referred to an earlier conclusion about St. Joseph Seminary College, conditioned on LAICU membership and student qualification.

Background and statutory framework

The opinion quoted the then-existing TOPS statute, LSA-R.S. 17:3048.1 et seq., which allowed aid at a regionally accredited independent Louisiana college or university that belonged to LAICU. It also cited LSA-R.S. 17:3048.1(C)(1) for implementation rules of the Office of Student Financial Aid.

Citations and references

• LSA-R.S. 17:3048.1 et seq.: the TOPS eligibility framework.
• LSA-R.S. 17:3048.1(C)(1): program implementation rules.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0199

Original opinion text

May 31, 2000
OPINION No. 00-199
22- B – EDUCATION – COLLEGE & OTHER
INSTITUTIONS OF HIGHER LEARNING

LSA-R.S. 17:3048.1 et seq.

Should the New Orleans Baptist Theological Seminary
Honorable Francis C. Thompson
become a member of the Louisiana Association of
State Representative District 19 Independent Colleges and Universities (LAICU), Louisiana high school graduates who are eligible for TOPS would be Louisiana House of Representatives permitted to receive their TOPS award if they enrolled as an
Post Office Box 68
undergraduate at the Seminary.
Delhi, Louisiana 71232

Dear Representative Thompson:

I am in receipt of your request for an Attorney General’s opinion concerning New Orleans Baptist Theological Seminary’s students receiving TOPS awards. Specifically, you questioned:

Should the New Orleans Baptist Theological Seminary become a member of the Louisiana Association of Independent Colleges and Universities (LAICU), would Louisiana high school graduates eligible for TOPS be permitted to receive their TOPS award if they enroll as undergraduates in the Seminary?

Attorney General Opinion Number 99-129 addressed this issue concerning another private college, St. Joseph Seminary College. That opinion concluded that in the event St. Joseph Seminary College would apply for membership in LAICU and is accepted, qualified students would be able to receive the TOPS award.

The statute governing the Louisiana Tuition Opportunity Program for Student (TOPS) is found at LSA-R.S. 17:3048.1 et seq. As stated in section A(1) of the statute:

…the state shall financially assist any student who enrolls on a full- time basis in a state college or university or a regionally accredited independent college or university in the state that is a member of the Louisiana Association of Independent College or Universities, hereafter in this Chapter referred to collectively as “eligible colleges and universities”, to pursue an academic undergraduate degree, and who meets the qualifications of Subparagraph (b), (c), or (d) of this Paragraph…

Page 2

Honorable Francis C. Thompson
State Representative District 19
Louisiana House of Representatives
OPINION No. 00-199
Page –2-

Assuming a privately owned school, such as New Orleans Baptist Theological Seminary, maintains accreditation by the Commission on Colleges of the Southern Association of Colleges and Schools (SACS) and is accepted as a member in LAICU, there are no general prohibitions in the above cited statute which would prevent qualified students from being able to receive TOPS awards. All students are required to meet the eligibility requirements as set forth in LSA- R.S. 17:3048.1 et seq., as well as the rules and regulations set forth by the Office of Student Financial Aid (OSFA) for the implementation of the TOPS scholarship. See LSA-R.S. 17:3048.1(C)(1).

In conclusion, should the New Orleans Baptist Theological Seminary become a member of the Louisiana Association of Independent Colleges and Universities (LAICU), Louisiana high school graduates who are eligible for TOPS would be permitted to receive their TOPS award if they enrolled as an undergraduate at the Seminary.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

By:_____
VERONICA L. HOWARD
Assistant Attorney General

RPI:VLH:lrs

Page 3

OPINION No. 00-199

22- B – EDUCATION – COLLEGE & OTHER INSTITUTIONS OF HIGHER LEARNING

LSA-R.S. 17:3048.1 et seq.

Should the New Orleans Baptist Theological Seminary become a member of the Louisiana Association of Independent Colleges and Universities (LAICU), Louisiana high school graduates who are eligible for TOPS would be permitted to receive their TOPS award if they enrolled as an undergraduate at the Seminary.

Honorable Francis C. Thompson
State Representative District 19
Louisiana House of Representatives
Post Office Box 68
Delhi, Louisiana 71232

DATE REQUESTED:
VERONICA L. HOWARD
DATE RELEASED: 05/31/00
ASSISTANT ATTORNEY GENERAL