According to federal regulations, students convicted for a drug offense that occurred during a period of enrollment while they were receiving Title IV Federal Financial Aid, may lose eligibility for Federal Aid.
Federal Aid includes:
- Federal Pell and SEOG Grants
- Federal Work Study
- Federal Perkins Loan
- Federal Stafford Loan
- Federal Plus Loan
- Graduate Plus Loan
If a student answers ‘Yes’ to the question on the FAFSA, regarding conviction for possession or sale of illegal drugs they will be sent a worksheet by the federal processing center in order to determine if the conviction affects eligibility for aid. Should the financial aid office be notified that a student has been convicted of sale or possession of illegal drugs, the financial assistance will be suspended immediately. If a conviction was reversed, set aside, or removed from the student’s record it does not count. Convictions occurring during periods of non-enrollment do not count. In addition, any conviction received as a juvenile does not count, unless they were tried as an adult.
The period of ineligibility is dependent upon the type of conviction (sale or possession) and if there were previous offenses. The information below demonstrates the periods of ineligibility:
Possession of Illegal Drugs
1st offense- 1 year from date of conviction
2nd offense- 2 years from date of conviction
3+ offenses- Indefinte Period
Sale of Illegal Drugs
1st offense- 2 years from date of conviction
2nd offense- Indefinite period
If the student was convicted of both selling and possessing illegal drugs, they will be ineligible for the longer period.
The student may regain eligibility:
- The day after the period of ineligibility ends,
- When they successfully complete a qualified drug rehabilitation program, or
- If the student passes two unannounced drug tests given by a qualified rehabilitation program they may regain eligibility.
Students denied eligibility for an indefinite period can regain it 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.
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
- 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 federal or state-licensed hospital, health clinic, or medical doctor.
Additional drug convictions will make the student ineligible for federal aid again. It is the student’s responsibility to certify to the school that they have successfully completed the rehabilitation program. In addition to the eligibility requirements listed above, students who are awarded the Toward EXcellence Access and Success (TEXAS) Grant must certify annually, prior to the disbursement of funds, that they have not been convicted of a felony or crime involving a controlled substance.