Federal Student Financial Aid and Drug Law Violations
Impact of Drug Convictions on Federal Aid Eligibility
Under U.S. Department of Education regulations, students convicted of a drug-related
offense while receiving federal financial aid may face penalties, including loss of
eligibility for future aid and repayment of aid received after the conviction.
Eligibility Consequences
A federal or state drug conviction can result in the loss of Federal Student Aid (FSA) eligibility only if:
- The offense occurred during a period of enrollment when the student was receiving Title IV aid.
- The conviction was not reversed, set aside, or removed from the student’s record.
- The student was not convicted as a juvenile unless tried as an adult.
Periods of Ineligibility
The length of ineligibility depends on the type of drug offense and the number of prior offenses:
Offense Type | 1st Offense | 2nd Offense | 3+ Offenses |
---|---|---|---|
Possession of Illegal Drugs | 1 year from conviction | 2 years from conviction | Indefinite ineligibility |
Sale of Illegal Drugs | 2 years from conviction | Indefinite ineligibility | Indefinite ineligibility |
If a student is convicted of both possession and sale, the longer period of ineligibility applies.
Regaining Financial Aid Eligibility
Students can regain federal aid eligibility in the following ways:
- Completion of a Qualified Drug Rehabilitation Program
- The program must meet U.S. Department of Education standards and include two unannounced drug tests.
- Expiration of the Ineligibility Period
- Eligibility is automatically restored the day after the period ends.
- Successful Legal Reversal
- If the conviction is overturned or removed from the record, the student may regain eligibility.
Student Responsibility
Students must self-certify to their Financial Aid Office that they have completed a qualifying rehabilitation program or that their ineligibility period has ended.