1998 Amendments to the Higher Education Act (HEA) of 1965 as amended (PL 105-244, Title IV, Part G, Section 483(f), Suspension of Eligibility for Drug Related Offenses), which amends Title 20 of the U. S. Code, Section 1091(a), regarding how the U. S. Department of Education administers grant programs for higher education:
The above-cited law bars a student convicted of a drug offense while a student in college and receiving federal aid from receiving additional student financial assistance for a specified period of time (a year to indefinite, depending on the offense) from their conviction. The exact language of the law follows:
f) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-
(1) AMENDMENT- Section 484 is amended by adding at the end thereof the following:
`(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
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; 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)).'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1), regarding suspension of eligibility for drug-related offenses, shall apply with respect to financial assistance to cover the costs of attendance for periods of enrollment beginning after the date of enactment of this Act.