1. What is the Higher Education Act Drug Provision?
The Higher Education Act (HEA) was signed into law over three decades ago by President Lyndon Johnson to open the door to a college education for students to whom it had previously been closed. It establishes federal financial aid programs such as Perkins Loans, Pell Grants, Supplemental Educational Opportunity Grants, PLUS Loans and Work-Study Programs. The Act is periodically reviewed and updated by Congress to ensure adequate funding and access to college for millions of Americans. The 1998 revision to the HEA included a new provision that blocked college opportunities to students revealing drug convictions on their Free Application for Federal Student Aid.
The final numbers from the Department of Education indicate that a record number of students are lost their full-year financial aid eligibility during the 2001-2002 school year. 48,629 students were formally denied aid for some or all of the school year; countless others remain untallied, deterred from applying by the belief that past convictions would render them ineligible.
The dramatic increase in the number of applicants being denied aid last year is the result of tighter enforcement of the existing law by the federal government. During 2000-2001, the 279,044 applicants who refused to answer the drug question had their application processed, and 9,114 had their aid cut after revealing a drug conviction. In 2001-2002, and again this year, students who do not answer the question will not have their application processed.
So far for this school year (as of 1-12-03) 83,929 students have answered "yes" to the drug question (question 35) on the FAFSA form. Of those answering "yes", 5,405 returned follow-up worksheets revealing partial disqualifications and 24,561 are still counted as fully disqualified. For an additional 5,132 students, question 35 remains blank, and their FAFSA form remain unprocessed. Thus to this point, the total number of students who will be denied aid in the 2002-2003 school year is 35,098. Adding that to the totals from the previous two years, 92,841 students have been denied financial aid since this law's enactment.
2. What is wrong with the new provision?
IT HURTS LOWER INCOME FAMILIES.
Denying financial aid to students hurts only those students who need the aid, namely, children of lower income families. Children of the well-to-do need not worry about losing their college opportunities; they can afford the quality legal representation necessary to avoid drug convictions as well as the price of tuition without financial aid. Young ex-offenders are likely to be adversely affacted by Setbacks like the inability to raise money for tuition, and may be sent into a downward spiral toward failure.
IT HAS A DISCRIMINATORY IMPACT.
In New York State, almost 95% of those in prison for drug offenses are people of color, but the fact is that the majority of people and the majority of drug users are white. According to The Sentencing Project, African Americans, who comprise approximately 13% of the population and 13% of all drug users, account for more than 55% of those convicted for drug offenses. There is no reason to believe that the disproportionate racial impact of drug law enforcement won’t spread into the realm of higher education via this law.
IT PUNISHES STUDENTS TWICE FOR THE SAME CRIME.
These would-be students having their aid cut already paid whatever price the criminal justice system demands. It doesn’t make sense to continually punish young people in such a way that limits their ability to get an education and improve their lives. Additionally, judges handling drug cases already have the option of denying drug offenders federal benefits, and school administrators have the power to expel problem students. These are the people who know the students best, and they should be the ones who decide their educational futures - not the federal government.
IT DOES NOT SUPPORT THE DRUG ABUSE TREATMENT PROGRAMS IN WHICH IT PURPORTEDLY SEEKS TO ENROLL STUDENTS.
Studies reported by the White House Office of National Drug Control Policy show that for every $1 spent on treatment, $7 is saved in criminal justice, health care, or welfare costs that otherwise would be borne by society. But treatment accounts for less than 15% of the drug control budget; hence, most of those who need it don’t get it. While financial aid can be restored after successful completion of a qualifying treatment program, the provision does not allocate any money for treatment. The same students who can’t afford college without public aid are also likely to be unable to afford private treatment, much less to afford the cost in time off from work or school necessary to participate in such programs.
IT WILL NOT SOLVE OUR NATION'S DRUG PROBLEM.
The goal of the Higher Education Act is to make it easier, not more difficult, for all students to obtain a full education. To limit the students eligible for federal aid is counterproductive. Denying students the opportunity for a college ducation brings us no closer to solving the nation's drug problem; instead it only increases the already destructive impact of the horribly misguided War on Drugs.
IT IGNORES THE MAJOR DRUG PROBLEM ON COLLEGE CAMPUSES.
The major drug problem in this country, on campuses and elsewhere, is alcohol abuse. However, no one seriously suggests that revoking eligibility for financial aid would be a sensible approach to that very serious problem - even though drinking is also an illegal activity for the great majority of college students, who are under 21. Additionally, the treatment provision is overly broad and fails to distinguish between casual use and serious abuse. The fact that a student has been caught smoking a joint, for example, is no more an indicator of addiction than underage drinking is an indicator of alcoholism.
3. What student governments support HEA reform?
The following student governments and multi-campus organizations have endorsed a resolution calling for the repeal of the provision of the Higher Education Act that delays or denies college financial aid to persons with drug convictions:
United States Student Association
Association of Big Ten Schools
Florida Student Association
Student Association of the State University of New York
United Council of University of Wisconsin Students
American University (DC)
Amherst College (MA)
Appalachian State University (NC)
Bates College (ME)
Bergen Community College (NJ)
Berkshire Community College (MA)
Brandeis College (MA)
Columbia College (Columbia University)
Dalton College (GA)
Dartmouth College (NH)
De Anza College (CA)
Douglas College (Rutgers University)
Earlham College (IN)
Florida A&M University
Florida International University at University Park
Florida State University
Georgetown University (DC)
George Washington University (DC)
Goshen College (IN)
Gettysburg College (PA)
Grand Valley State University (MI)
Hampshire College (MA)
Howard University (DC)
Illinois State University at Normal
Indiana University at Bloomington
James Madison University (VA)
Lewis and Clark College (OR)
Linfield College (OR)
Louisiana State University
Loyola University (IL)
Mercyhurst College (PA)
Messiah College (PA)
Michigan State University
Monroe Community College (NY)
Mount Holyoke College (MA)
New College of Florida
North Carolina State University
Northwestern University (IL)
Ohio State University
Ohio University
Pennsylvania State University
Pitzer College (CA)
Pomona College (CA)
Portland Community College at Cascade (OR)
Portland Community College at Rock Creek (OR)
Portland State University (OR)
Rice University (TX)
Rochester Institute of Technology (NY)
Saint Cloud State University (MN)
Smith College (MA)
South Carolina State University
Southern Illinois University at Corbondale
Southern Oregon University
SUNY Albany
SUNY Binghamton
SUNY ESF
SUNY Broome
Syracuse University
Union College (NY)
University of California at Berkeley
University of California at San Diego
University of Colorado at Boulder
University of Connecticut
University of Florida
University of Illinois at Urbana-Champaign
University of Iowa
University of Kansas
University of Maryland at College Park
University of Michigan
University of Minnesota at Twin Cities
University of Missouri at Columbia
University of Nevada at Las Vegas
University of North Carolina at Chapel Hill
University of North Carolina at Pembroke
University of North Carolina at Wilmington
University of North Texas
University of Pennsylvania
University of Rhode Island
University of Southern California
University of Tennessee at Knoxville
University of Texas at Austin
University of Texas at Dallas
University of Wisconsin at Eau Claire
University of Wisconsin at Madison
University of Wisconsin at Milwaukee
University of Wisconsin at Richland
University of Vermont
Utica College (NY)
Washington University (MO)
Wesleyan University (CT)
Western Connecticut State University
Western Maryland College
Western State College (CO)
Western Washington University
Yale University
4. What is the Coalition for HEA Reform?
The following organizations have signed-on to the reform campaign:
American Association of People with Disabilities, American Civil Liberties Union, American College of Nurse-Midwives, Center for Juvenile and Criminal Justice, Center for Women Policy Studies, Citizens United for the Rehabilitation of Errants, Commission on Social Action of Reform Judaism, Common Sense Legislative Group, Drug Policy Alliance, Drug Reform Coordination Network, Family Watch, Family and Corrections Network, Friends Committee on National Legislation, Human Rights and the Drug War, Leadership Conference on Civil Rights, Legal Action Center, Marijuana Policy Project, NAADAC, The Association for Addiction Professionals, National Alliance of Methadone Advocates, NAACP, NAACP - Youth and College Division, National Association for Public Health Policy, National Association of Criminal Defense Lawyers, National Association of Student Financial Aid Administrators, National Black Police Association, National Council of La Raza, National Education Association, NORML, National Partnership for Women & Families, National Women’s Health Network, November Coalition, Open Society Policy Center, Police Officers for Drug Law Reform, Public Justice Center, Rainbow-PUSH Coalition, Students for Sensible Drug Policy, Unitarian Universalist Association, United States Student Association, Women’s Law Project
Alliance for Reform of Drug Policy in Arkansas, Alliance for Recovery through Medicine of Massachusetts, ACLU of Nebraska, ACLU of Pennsylvania, Dayton Urban League (OH), Drug Policy Education Group (AR), Drug Policy Forum of Hawaii, Drug Policy Forum of Texas, Efficacy (CT), New Mexico Drug Policy Foundation, New York Civil Liberties Union of Nassau County, North Carolina Coalition Against Domestic Violence, ReconsiDer: Forum on Drug Policy (NY), Urban League of Chicago
5. With whom can I speak for further information?
If you have any questions about the Higher Education Act reform project, please contact Ben Gaines ([email protected]) via e-mail or telephone at (202) 293-8340.
6. Where can I find the most recent campaign news?
Sign up for The Week Online, DRCNet's free e-mail magazine, for weekly coverage of the HEA reform effort and other drug policy news - http://www.drcnet.org.
7. What do I answer for FAFSA Question 35?
If you are unsure how to answer Question 35 of the Federal Application for Financial Student Aid (FAFSA), see the included worksheet explaining how you need to answer.
link
12-11-03
The Higher Education Act (HEA) was signed into law over three decades ago by President Lyndon Johnson to open the door to a college education for students to whom it had previously been closed. It establishes federal financial aid programs such as Perkins Loans, Pell Grants, Supplemental Educational Opportunity Grants, PLUS Loans and Work-Study Programs. The Act is periodically reviewed and updated by Congress to ensure adequate funding and access to college for millions of Americans. The 1998 revision to the HEA included a new provision that blocked college opportunities to students revealing drug convictions on their Free Application for Federal Student Aid.
The final numbers from the Department of Education indicate that a record number of students are lost their full-year financial aid eligibility during the 2001-2002 school year. 48,629 students were formally denied aid for some or all of the school year; countless others remain untallied, deterred from applying by the belief that past convictions would render them ineligible.
The dramatic increase in the number of applicants being denied aid last year is the result of tighter enforcement of the existing law by the federal government. During 2000-2001, the 279,044 applicants who refused to answer the drug question had their application processed, and 9,114 had their aid cut after revealing a drug conviction. In 2001-2002, and again this year, students who do not answer the question will not have their application processed.
So far for this school year (as of 1-12-03) 83,929 students have answered "yes" to the drug question (question 35) on the FAFSA form. Of those answering "yes", 5,405 returned follow-up worksheets revealing partial disqualifications and 24,561 are still counted as fully disqualified. For an additional 5,132 students, question 35 remains blank, and their FAFSA form remain unprocessed. Thus to this point, the total number of students who will be denied aid in the 2002-2003 school year is 35,098. Adding that to the totals from the previous two years, 92,841 students have been denied financial aid since this law's enactment.
2. What is wrong with the new provision?
IT HURTS LOWER INCOME FAMILIES.
Denying financial aid to students hurts only those students who need the aid, namely, children of lower income families. Children of the well-to-do need not worry about losing their college opportunities; they can afford the quality legal representation necessary to avoid drug convictions as well as the price of tuition without financial aid. Young ex-offenders are likely to be adversely affacted by Setbacks like the inability to raise money for tuition, and may be sent into a downward spiral toward failure.
IT HAS A DISCRIMINATORY IMPACT.
In New York State, almost 95% of those in prison for drug offenses are people of color, but the fact is that the majority of people and the majority of drug users are white. According to The Sentencing Project, African Americans, who comprise approximately 13% of the population and 13% of all drug users, account for more than 55% of those convicted for drug offenses. There is no reason to believe that the disproportionate racial impact of drug law enforcement won’t spread into the realm of higher education via this law.
IT PUNISHES STUDENTS TWICE FOR THE SAME CRIME.
These would-be students having their aid cut already paid whatever price the criminal justice system demands. It doesn’t make sense to continually punish young people in such a way that limits their ability to get an education and improve their lives. Additionally, judges handling drug cases already have the option of denying drug offenders federal benefits, and school administrators have the power to expel problem students. These are the people who know the students best, and they should be the ones who decide their educational futures - not the federal government.
IT DOES NOT SUPPORT THE DRUG ABUSE TREATMENT PROGRAMS IN WHICH IT PURPORTEDLY SEEKS TO ENROLL STUDENTS.
Studies reported by the White House Office of National Drug Control Policy show that for every $1 spent on treatment, $7 is saved in criminal justice, health care, or welfare costs that otherwise would be borne by society. But treatment accounts for less than 15% of the drug control budget; hence, most of those who need it don’t get it. While financial aid can be restored after successful completion of a qualifying treatment program, the provision does not allocate any money for treatment. The same students who can’t afford college without public aid are also likely to be unable to afford private treatment, much less to afford the cost in time off from work or school necessary to participate in such programs.
IT WILL NOT SOLVE OUR NATION'S DRUG PROBLEM.
The goal of the Higher Education Act is to make it easier, not more difficult, for all students to obtain a full education. To limit the students eligible for federal aid is counterproductive. Denying students the opportunity for a college ducation brings us no closer to solving the nation's drug problem; instead it only increases the already destructive impact of the horribly misguided War on Drugs.
IT IGNORES THE MAJOR DRUG PROBLEM ON COLLEGE CAMPUSES.
The major drug problem in this country, on campuses and elsewhere, is alcohol abuse. However, no one seriously suggests that revoking eligibility for financial aid would be a sensible approach to that very serious problem - even though drinking is also an illegal activity for the great majority of college students, who are under 21. Additionally, the treatment provision is overly broad and fails to distinguish between casual use and serious abuse. The fact that a student has been caught smoking a joint, for example, is no more an indicator of addiction than underage drinking is an indicator of alcoholism.
3. What student governments support HEA reform?
The following student governments and multi-campus organizations have endorsed a resolution calling for the repeal of the provision of the Higher Education Act that delays or denies college financial aid to persons with drug convictions:
United States Student Association
Association of Big Ten Schools
Florida Student Association
Student Association of the State University of New York
United Council of University of Wisconsin Students
American University (DC)
Amherst College (MA)
Appalachian State University (NC)
Bates College (ME)
Bergen Community College (NJ)
Berkshire Community College (MA)
Brandeis College (MA)
Columbia College (Columbia University)
Dalton College (GA)
Dartmouth College (NH)
De Anza College (CA)
Douglas College (Rutgers University)
Earlham College (IN)
Florida A&M University
Florida International University at University Park
Florida State University
Georgetown University (DC)
George Washington University (DC)
Goshen College (IN)
Gettysburg College (PA)
Grand Valley State University (MI)
Hampshire College (MA)
Howard University (DC)
Illinois State University at Normal
Indiana University at Bloomington
James Madison University (VA)
Lewis and Clark College (OR)
Linfield College (OR)
Louisiana State University
Loyola University (IL)
Mercyhurst College (PA)
Messiah College (PA)
Michigan State University
Monroe Community College (NY)
Mount Holyoke College (MA)
New College of Florida
North Carolina State University
Northwestern University (IL)
Ohio State University
Ohio University
Pennsylvania State University
Pitzer College (CA)
Pomona College (CA)
Portland Community College at Cascade (OR)
Portland Community College at Rock Creek (OR)
Portland State University (OR)
Rice University (TX)
Rochester Institute of Technology (NY)
Saint Cloud State University (MN)
Smith College (MA)
South Carolina State University
Southern Illinois University at Corbondale
Southern Oregon University
SUNY Albany
SUNY Binghamton
SUNY ESF
SUNY Broome
Syracuse University
Union College (NY)
University of California at Berkeley
University of California at San Diego
University of Colorado at Boulder
University of Connecticut
University of Florida
University of Illinois at Urbana-Champaign
University of Iowa
University of Kansas
University of Maryland at College Park
University of Michigan
University of Minnesota at Twin Cities
University of Missouri at Columbia
University of Nevada at Las Vegas
University of North Carolina at Chapel Hill
University of North Carolina at Pembroke
University of North Carolina at Wilmington
University of North Texas
University of Pennsylvania
University of Rhode Island
University of Southern California
University of Tennessee at Knoxville
University of Texas at Austin
University of Texas at Dallas
University of Wisconsin at Eau Claire
University of Wisconsin at Madison
University of Wisconsin at Milwaukee
University of Wisconsin at Richland
University of Vermont
Utica College (NY)
Washington University (MO)
Wesleyan University (CT)
Western Connecticut State University
Western Maryland College
Western State College (CO)
Western Washington University
Yale University
4. What is the Coalition for HEA Reform?
The following organizations have signed-on to the reform campaign:
American Association of People with Disabilities, American Civil Liberties Union, American College of Nurse-Midwives, Center for Juvenile and Criminal Justice, Center for Women Policy Studies, Citizens United for the Rehabilitation of Errants, Commission on Social Action of Reform Judaism, Common Sense Legislative Group, Drug Policy Alliance, Drug Reform Coordination Network, Family Watch, Family and Corrections Network, Friends Committee on National Legislation, Human Rights and the Drug War, Leadership Conference on Civil Rights, Legal Action Center, Marijuana Policy Project, NAADAC, The Association for Addiction Professionals, National Alliance of Methadone Advocates, NAACP, NAACP - Youth and College Division, National Association for Public Health Policy, National Association of Criminal Defense Lawyers, National Association of Student Financial Aid Administrators, National Black Police Association, National Council of La Raza, National Education Association, NORML, National Partnership for Women & Families, National Women’s Health Network, November Coalition, Open Society Policy Center, Police Officers for Drug Law Reform, Public Justice Center, Rainbow-PUSH Coalition, Students for Sensible Drug Policy, Unitarian Universalist Association, United States Student Association, Women’s Law Project
Alliance for Reform of Drug Policy in Arkansas, Alliance for Recovery through Medicine of Massachusetts, ACLU of Nebraska, ACLU of Pennsylvania, Dayton Urban League (OH), Drug Policy Education Group (AR), Drug Policy Forum of Hawaii, Drug Policy Forum of Texas, Efficacy (CT), New Mexico Drug Policy Foundation, New York Civil Liberties Union of Nassau County, North Carolina Coalition Against Domestic Violence, ReconsiDer: Forum on Drug Policy (NY), Urban League of Chicago
5. With whom can I speak for further information?
If you have any questions about the Higher Education Act reform project, please contact Ben Gaines ([email protected]) via e-mail or telephone at (202) 293-8340.
6. Where can I find the most recent campaign news?
Sign up for The Week Online, DRCNet's free e-mail magazine, for weekly coverage of the HEA reform effort and other drug policy news - http://www.drcnet.org.
7. What do I answer for FAFSA Question 35?
If you are unsure how to answer Question 35 of the Federal Application for Financial Student Aid (FAFSA), see the included worksheet explaining how you need to answer.
link
12-11-03
![:\](https://bluelight.org/xf/BL_Images/Orig_Emoji/wrygrin.gif "wry grin :\")