To increase access to postsecondary education regardless of race, religion, or socio-economic status the federal government enacted a variety of programs via passage of the 1965 Higher Education Act (HEA). HEA provided a source of federal assistance to needy students and families hoping to advance their educational opportunities. Today, federal assistance programs are the single largest source of student aid throughout the nation, providing roughly $40 billion per year to approximately 17 million students.
In 1998 HEA was revised to include a new provision that denies federal assistance to any person convicted of any drug-related crime. Under the new provision students are required to answer Question #35 on the Free Application for Student Financial Assistance inquiring about past drug-related convictions - applications with Question #35 left blank are not processed and will not be evaluated.
There are a variety of unintended consequences associated with the 1998 amendments to the HEA. Denying access to education for those who want or need it the most slows economic growth, increases the propensity to engage in criminal activity, undermines our nation's values, and destroys the principles America was founded upon. Also, because communities of color are disproportionately impacted by drug law enforcement the HEA restrictions are likely to intensify racial disparities on college campuses across the nation.
This year Congress has a great opportunity to repeal the ban. In the House, Rep. Barney Frank (D-MA) has introduced the Removing Impediments to Students’ Education (RISE) Act, a piece of legislation that would repeal the drug-related provision of the Higher Education Act. His legislation is strongly supported by a variety of groups including the National Association of Student Financial Aid Administrators, the NAACP, the United States Student Association, the Legal Action Center, the Coalition for Higher Education Reform, and 180 organizations, colleges and universities around the country. Members of the Senate will consider legislation that re-authorizes the Office of National Drug Control Policy, which contains provisions reforming the Higher Education ban. Finally, both the House and Senate will debate reauthorization of the whole education package, including Title IV which includes the 1998 amendments.
The Drug Policy Alliance opposes the 1998 amendments to the Higher Education Act. Denying the opportunity to acquire an education to those who want and/or need it most will not solve our nation's drug problems; instead, it adds fuel the fire. Repealing the law sends a clear message: increasing access to education is an effective way to help students overcome their addiction and lead productive lives.
Help students! Call both your Senators and your Representative and ask him or her to support access to higher education through the RISE Act and repeal the 1998 amendment which delays or denies access to students with a drug conviction.
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