The U.S. Department of Education has recently released data showing more than 30,000 college students have lost federal grants or loans due to the 1998 Higher Education Act drug provision.
The provision is an amendment to the Higher Education Act of 1965.
Darrell Rogers, national outreach coordinator for Students for Sensible Drug Policy, said nearly 87,000 prospective students have been denied federal financial aid since the law was first enacted in 2000.
The HEA drug provision penalizes college students who have been charged with drug-related offenses. Penalties vary according to the offense. Students convicted for possession of a controlled substance are ruled ineligible for one year after their first offense, two years after their second and indefinitely after their third offense. Students convicted for the selling of a controlled substance are banned from receiving federal financial aid for two years upon their first offense and indefinitely after their second offense.
"I can't think of a rational reason why an elected official would want this on the books," Rogers said. "This law only targets lower-and middle-income students. Students with wealthier families are not affected by this law because their college tuition is usually paid for by other means."
Students are screened for drug offenses when they fill out the Free Application for Federal Student Aid. One of the questions asked on the form is whether or not a student has ever been convicted of a drug offense. According to the provision, a student's financial aid eligibility may be reinstated if the student completes a drug rehabilitation program, complies with criteria set by the Secretary of Education or has their conviction reversed or overturned.
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"Based on the answer, additional information is requested and then a decision is made," said Ron Martinez, UNM director of financial aid. "Just because a student answers yes to the question does not necessarily disqualify them from getting financial aid."
Martinez said he was unaware of any UNM students being affected by the provision.
"We haven't had any students disqualified this year or last year," Martinez said. "It's a concern we have though, because we don't think it's a good policy to tie drug enforcement into higher education issues."
Martinez added that additional information is requested if a "yes" answer is recorded on the FAFSA form and then a decision is made as to whether the student is still eligible to receive financial aid.
Rogers said SSDP is getting involved in a grass roots movement, educating students on the provisions and passing resolutions through student governments nationwide to repeal the amendment. A congressional bill to repeal the provision currently has 68 congressional sponsors and will probably not be passed before the 107th Congress ends this year's session, according to a Students for Sensible Drug Policy press release.
Rogers added that Students for Sensible Drug Policy is working on providing reimbursement programs to students whose financial aid was lost due to the drug provision. Currently, Swarthmore College, Western Washington University, Yale University and Hampshire College have policies to reimburse students who lose their financial aid due to the provision.
"SSDP opposes this law from the start," Rogers said. "It's an irresponsible and very dangerous policy and it needs to be amended."
