Students Convicted of Possession or Sale of Drugs
The Higher Education Act of 1965 as amended (HEA) suspends aid eligibility for students who have been convicted under federal or state law of the sale or possession of drugs if the offense occurred during a period of enrollment for which the student was receiving federal student aid (grants, loans and/or work-study). The student self-certifies in applying for aid that he is eligible.
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 from the student’s record does not count, nor does one received when she was a juvenile, unless she 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 had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)
Possession of Sale of
illegal drugs illegal drugs
1st offense 1 year from date of conviction 2 years from date of
2nd offense 2 years from date of conviction Indefinite period
3+ offenses 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.
The Higher Education Opportunity Act established the requirement for schools to provide each student who becomes ineligible for Title IV aid due to a drug conviction a clear and conspicuous written notice of his loss of eligibility and the methods whereby he can become eligible again.
A student regains eligibility the day after the period of ineligibility ends, or when he successfully completes a qualified drug rehabilitation program or passes two unannounced drug tests given by such a program. Further drug convictions will make him ineligible again.
Students denied eligibility for an indefinite period can regain it only after successfully completing a rehabilitation program as described below, passing two unannounced drug tests from such a 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 notify the Office of Financial Aid that she has successfully completed the rehabilitation program.
When a student regains eligibility during the award year, students may be awarded Pell, TEACH and campus-based aid for the current payment period and Direct Loans for the period of enrollment.
Standards for a qualified drug 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:
• Be qualified to receive funds directly or indirectly from a federal, state or local government program.
• Be qualified to receive payment directly or indirectly from a federally or state-licensed insurance company.
• Be administered or recognized by a federal, state, or local government agency or court.
• Be administered or recognized by a federally or state-licensed hospital, health clinic or medical doctor.