FEDERAL STUDENT FINANCIAL AID PENALTIES FOR DRUG LAW VIOLATIONS

This notice provides information on the penalties associated with drug-related offenses under section 484(r) of the Higher Education Act. It also provides notice on how to regain eligibility after conviction of a drug related offense.

The institution will provide a timely notice to each student who has lost eligibility for any grant or loan as a result of penalties under 484(r) (1) of the HEA and will advise the student of the ways in which to regain eligibility under section 484(r) (2) of the HEA.

(r) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-

(1) IN GENERAL- A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:

If convicted of an offense involving:

The possession of a controlled substance: Ineligibility period is:

First offense

1year

Second offense

2 years

Third offense

Indefinite.

The sale of a controlled substance: Ineligibility period is:

First offense

2 years

Second offense

Indefinite

(2) REHABILITATION- A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if–

(A) The student satisfactorily completes a drug rehabilitation program that–

(i) Complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and
(ii) Includes two unannounced drug tests; or

 (B) The conviction is reversed, set aside, or otherwise rendered nugatory.

(3) DEFINITIONS.—In this subsection, the term ‘‘controlled substance’’ has the meaning given the term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).