|
SENTENCED TWICE:
HIGHER EDUCATION ACT DENIES AID TO STUDENTS WITH DRUG CONVICTIONS
Updated 02.16.07 If you want to go to college using federal financial aid, and if you
have a drug conviction, you are ineligible for certain types of loans.
The ACLU wants to challenge this unjust and counterproductive policy in
court. If you have been denied or discouraged from applying for
financial aid due to the drug provision and you are 13 or older, please
take a moment to fill out the form below, as you may be able to
participate in a class-action lawsuit. Or call us toll free at
1-866-443-2349.
Fill out the survey
go»
WHAT’S HAPPENING NATIONALLY
The Higher Education Act, signed into law in 1965, established several
federal financial aid programs, such as Perkins Loans, Pell Grants,
Supplemental Educational Opportunity Grants, PLUS Loans and Work-Study
Programs. This enabled hundreds of thousands to attend college that
otherwise would not have been able to do so.
But in 1998, Congress enacted a provision which removed the federal
funding option for anyone with a drug-related conviction, no matter how
minor.
This is not the case for state funding, however. In fact, the law offers
no recommendations on how states should determine eligibility. Moreover,
even though many colleges and universities use the Free
Application for Federal Student Aid (FAFSA) to qualify students for
federal and state aid, it is not a requirement for state aid. This means
that if so inclined, it would be perfectly
legal for institutions to grant state aid to students that have been
convicted of drug related offenses. Unfortunately, this would
require a separate application, and many do not have one.
The end result of such institutional apathy is that scores of students,
without the chance to get certain kinds of loans, are simply blocked
from attending college.
Here are two other troubling consequences:
- The provision hurts lower-income and minority students and
families disproportionately, in some cases preventing those that
most need assistance from getting it.
- The provision punishes a student twice for the same crime; once
at sentencing, again by eliminating financial aid options.
WHAT’S HAPPENING IN OHIO
Currently, each higher education institution makes its own choices
about which forms it uses for state funding. Some use FAFSA for all
loans, including those offered by the state, and others use
different forms depending on the source. As a result, students may be missing out on help by virtue of the forms
they fill out.
At minimum, Ohio’s educational institutions should rely on more than
just the FAFSA, and provide counseling about all options,
especially when students are ineligible for certain types of aid.
Advice should be tailored to the needs and limitations of each loan
seeker.
An even better solution would come from Ohio’s legislature.
Lawmakers should simply mandate that federal financial aid is
awarded to eligible students regardless of drug conviction status.
GET ACTIVE!
Craft your own resolution! The
Higher Education Act of 1998, which denies or delays access to
financial aid based upon convictions for drug-related offenses, needs
to be eliminated. Support student
governments calling for a repeal of the Aid Elimination
Penalty.
Click
here for a list of
student organizations which have endorsed a resolution recommending
repeal, and for language you
can use for your own legislation.
Send a letter to Congress!
Expressing opinions to your representatives can be an important tool
in repealing ineffective legislation. Click
here to find out how.
Learn more about drug related injustices!
Watch
Freedom Files: Drug Wars
Read about the issues!
Check
out a recent Cleveland Free Times article on medical marijuana.
Students! Know Your Rights
Use this guide in conjunction with your school's handbook.
go»
RESOURCES
ACLU Challenges Financial Aid Elimination provision
ACLU Drug Law Reform Project
Coalition for Higher Education Act Reform
Students for Sensible Drug Policy
|
news center