2008 Woodie Awards
Federal aid denied to drug-convicted students
Lamont Francis
Issue date: 10/12/06 Section: News
- Page 1 of 1
The war on drugs has claimed many unnoticed casualties, including thousands of current and potential college students.
Because of a little-known federal law, many college students are stripped of or denied federal aid every year because of drug convictions.
"A lot of students probably aren't even aware of this law," Amarillo College student Krystal Ellis said. "And I don't think people are thinking about this law as they are lighting up a joint."
Added in 1998 to the Higher Education Act by U.S. Rep. Mark Souder, R-Ind., the drug provision made it impossible for students with prior drug convictions to receive financial aid.
The provision had destroyed or at least delayed the educational goals of more than 150,000 would-be students. Because of lobbying by students, the law was scaled back this year to include only those convicted while attending college.
Though the "reach-back" effect of the provision is gone, the battle is seen by many as only half over as the law continues to strip students of necessary aid. It is a fact that can be seen as a serious social problem.
"It's hard to imagine what a perfect world in terms of drug laws looks like," Ellis said. "But robbing students of their education is not the answer."
It may seem justified that breaking the law can result in a loss of federal aid. However, the law applies only to drug convictions.
That means a convicted murderer or rapist still can get financial aid while someone convicted of misdemeanor marijuana possession cannot.
There also is no conclusive proof that the provision deters drug use - the major reason the provision was implemented in the first place.
On March 22, in conjunction with the American Civil Liberties Union, a class action lawsuit against the U.S. Department of Education called for full repeal of the provision. The claim states that the provision violates the double jeopardy clause of the U.S. Constitution.
Because of minimum GPA requirements for financial aid, the provision will affect only students doing well in school. Because of discriminatory enforcement of drug laws, the provision still will unfairly affect minorities. And because of the need for financial aid, the provision will target only low to middle income families.
Every three months for the past year, Congress has approved a bill to temporarily extend the Higher Education Act. On Sept. 27, lawmakers did something a little different: On a voice vote, the House of Representatives approved a nine-month extension.
The House passed its bill to renew, or reauthorize, the law, but the Senate still is debating.
Because of a little-known federal law, many college students are stripped of or denied federal aid every year because of drug convictions.
"A lot of students probably aren't even aware of this law," Amarillo College student Krystal Ellis said. "And I don't think people are thinking about this law as they are lighting up a joint."
Added in 1998 to the Higher Education Act by U.S. Rep. Mark Souder, R-Ind., the drug provision made it impossible for students with prior drug convictions to receive financial aid.
The provision had destroyed or at least delayed the educational goals of more than 150,000 would-be students. Because of lobbying by students, the law was scaled back this year to include only those convicted while attending college.
Though the "reach-back" effect of the provision is gone, the battle is seen by many as only half over as the law continues to strip students of necessary aid. It is a fact that can be seen as a serious social problem.
"It's hard to imagine what a perfect world in terms of drug laws looks like," Ellis said. "But robbing students of their education is not the answer."
It may seem justified that breaking the law can result in a loss of federal aid. However, the law applies only to drug convictions.
That means a convicted murderer or rapist still can get financial aid while someone convicted of misdemeanor marijuana possession cannot.
There also is no conclusive proof that the provision deters drug use - the major reason the provision was implemented in the first place.
On March 22, in conjunction with the American Civil Liberties Union, a class action lawsuit against the U.S. Department of Education called for full repeal of the provision. The claim states that the provision violates the double jeopardy clause of the U.S. Constitution.
Because of minimum GPA requirements for financial aid, the provision will affect only students doing well in school. Because of discriminatory enforcement of drug laws, the provision still will unfairly affect minorities. And because of the need for financial aid, the provision will target only low to middle income families.
Every three months for the past year, Congress has approved a bill to temporarily extend the Higher Education Act. On Sept. 27, lawmakers did something a little different: On a voice vote, the House of Representatives approved a nine-month extension.
The House passed its bill to renew, or reauthorize, the law, but the Senate still is debating.
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