New Drug Conviction Provision Postponed

The U.S. Department of Education (ED) recently issued a Dear Colleague Letter (DCL) GEN-99-16 announcing that the new drug conviction student eligibility provision of the Higher Education Act, Section 484(r), will not become effective until July 1, 2000. After reviewing the legislative history of the new provision, ED believes that Congress intended the drug rehabilitation relief provision to be available at the same time students are subject to the loss of eligibility. However, until regulations defining an acceptable drug rehabiliation program take effect, no student will be determined to be ineligible for Title IV assistance under the new provision.

ED issued this DCL in order to provide interim policy guidance until final regulations related to this provision are published. The DCL notes that, despite the delay in implementation, a student's actions between now and the effective date of the regulations may affect eligibility. ED encourages, but is not requiring, institutions to inform students of the new provision and help them understand how their actions might affect their future eligbiltiy. The DCL reminds schools that they need not actively question federal student aid applicants about drug related matters.

Questions regarding this DCL may be directed to Lloyd Horwich or Edith Bell of ED's Policy and Development Division at (202) 708-8242 or by e-mail at lloyd_horwich@ed.gov and edith_bell@ed.gov. A copy of the DCL can be found on ED's web site at http://ifap.ed.gov. If you are unable to access this web site and would like a copy of the DCL, please contact Lynda Reid at (801) 321-7211. Any questions regarding this bulletin can be directed to the UHEAA Policy and Training Department at (801) 321-7166 or by e-mail at cjudd@utahsbr.edu.