The risk of federal financial aid loss from a drug conviction
The risk of federal financial aid loss from a drug conviction
My 2007 blogposting on the above-referenced topic merits updating, as follows:
The financial aid analysis must include a review of the federal financial aid statute, at 20 U.S.C. § 1091(r), which says in relevant part:
A student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under this subchapter … shall not be eligible to receive any grant, loan, or work assistance under this subchapter … from the date of that conviction for the period of time specified in the following table:
If convicted of an offense involving:
| The possession of a controlled substance: | Ineligibility period is: |
|---|---|
| First offense | 1 year |
| 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;
(B) the student successfully passes two unannounced drug tests conducted by a drug rehabilitation program that complies with such criteria as the Secretary shall prescribe in regulations for purposes of subparagraph (A)(i); or
(C) the conviction is reversed, set aside, or otherwise rendered nugatory.
The student federal financial aid website and White House website are among the resources addressing the effects of drug convictions on federal financial aid. A key is to fight tooth and nail against such charges.
