[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR668.40]



[Page 447]

 

                           TITLE 34--EDUCATION

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents

 

                      Subpart C_Student Eligibility

 

Sec. 668.40  Conviction for possession or sale of illegal drugs.



    (a)(1) A student is ineligible to receive title IV, HEA program 

funds if the student has been convicted of an offense involving the 

possession or sale of illegal drugs for the period described in 

paragraph (b) of this section. However, the student may regain 

eligibility before that period expires under the conditions described in 

paragraph (c) of this section.

    (2) For purposes of this section, a conviction means only a 

conviction that is on a student's record. A conviction that was 

reversed, set aside, or removed from the student's record is not 

relevant for purposes of this section, nor is a determination or 

adjudication arising out of a juvenile proceeding.

    (3) For purposes of this section, an illegal drug is a controlled 

substance as defined by section 102(6) of the Controlled Substances Act 

(21 U.S.C. 801(6)), and does not include alcohol or tobacco.

    (b)(1) Possession. Except as provided in paragraph (c) of this 

section, if a student has been convicted--

    (i) Only one time for possession of illegal drugs, the student is 

ineligible to receive title IV, HEA program funds for one year after the 

date of conviction;

    (ii) Two times for possession of illegal drugs, the student is 

ineligible to receive title IV, HEA program funds for two years after 

the date of the second conviction; or

    (iii) Three or more times for possession of illegal drugs, the 

student is ineligible to receive title IV, HEA program funds for an 

indefinite period after the date of the third conviction.

    (2) Sale. Except as provided in paragraph (c) of this section, if a 

student has been convicted--

    (i) Only one time for sale of illegal drugs, the student is 

ineligible to receive title IV, HEA program funds for two years after 

the date of conviction; or

    (ii) Two or more times for sale of illegal drugs, the student is 

ineligible to receive Title IV, HEA program funds for an indefinite 

period after the date of the second conviction.

    (c) If a student successfully completes a drug rehabilitation 

program described in paragraph (d) of this section after the student's 

most recent drug conviction, the student regains eligibility on the date 

the student successfully completes the program.

    (d) A drug rehabilitation program referred to in paragraph (c) of 

this section is one which--

    (1) Includes at least two unannounced drug tests; and

    (2)(i) Has received or is qualified to receive funds directly or 

indirectly under a Federal, State, or local government program;

    (ii) Is administered or recognized by a Federal, State, or local 

government agency or court;

    (iii) Has received or is qualified to receive payment directly or 

indirectly from a Federally- or State-licensed insurance company; or

    (iv) Is administered or recognized by a Federally- or State-licensed 

hospital, health clinic or medical doctor.



(Authority: 20 U.S.C. 1091(r))



[64 FR 57358, Oct. 22, 1999]