Regulatory Citation: Higher Education Act, Section 484(r) 34 CFR 668.40
A federal or state drug conviction can disqualify a student for Federal Student Aid (FSA) funds. Convictions only count if they were for an offense that occurred during a period of enrollment for which the student was receiving Title IV aid – they do not count if the offense was not during such a period. Also a conviction that was reversed, set aside, or removed for the student’s record does not count, nor does one received when the student was a juvenile, unless the student was tried as an adult.
The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student has previous offenses. Note that a conviction for sale of drugs includes convictions for conspiring to sell drugs.
|Possession of Illegal Drugs||Sale of Illegal Drugs|
|1st Offense||1 year from date of conviction||2 years from date of conviction|
|2nd Offense||2 years from date of conviction||Indefinite period|
|3+ Offense||Indefinite period||Indefinite period|
If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period. A student regains eligibility the day after the period of ineligibility ends or when the student successfully completes a qualified drug rehabilitation program as defined below. Further drug convictions will make the student ineligible again.
Students denied eligibility for an indefinite period can regain it only after successfully completing a rehabilitation program or if a conviction is reversed, set aside, or removed from the student’s record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student’s responsibility to certify to the school that he/she has successfully completed the rehabilitation program.
A qualified drug rehabilitation program must include at least two unannounced drug tests and must satisfy at least one of the following requirements: