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Any student who has ever filled out a Free Application for
Federal Student Aid knows the forms require a lot of personal
information. But did anyone notice question 35, which asks,
"Have you ever been convicted of selling or possessing drugs
(not including alcohol or tobacco)?"
If the question is answered with a 'yes,' then the applicant
can be denied any form of federal financial aid that may come
as a result of the application process. This denial is allowed
in the 1998 Higher Education Act.
The drug-free provision of the HEA states that for a first
offense conviction of possession of a controlled substance
the student must go through an "ineligibility period" of one
year, but the period is two years for sale of a controlled
substance. For the second offense, the student faces an ineligibility
period of two years, and for the third offense the student
is indefinitely ineligible for any form of federal financial
aid. The only way a student can override the conviction is
by satisfactorily completing a drug rehabilitation program.
No other questions regarding any other type of offense is
on the FAFSA. A convicted murder or a rapist would have no
problem receiving federal financial aid if the person qualified
financially as long as they have no drug convictions.
This provision of the HEA only affects young drug offenders.
They are denied an opportunity that could help them the most,
a valuable education.
This type of selectivity has a discriminatory affect on low-income
families who would not be able to afford college without federal
financial aid. Wealthy kids who have drug convictions need
not worry about the provision. They can afford to pay for
their education without federal financial assistance.
Not only does it discriminate against low-income families,
but it also discriminates against minorities.
According to the Sentencing Project, an independent source
of criminal justice policy analysis, African Americans comprise
approximately 13 percent of the population and 13 percent
of all drug users, but shockingly account for more than 55
percent of those convicted of drug offenses.
One group who adamantly opposes the drug-free provision of
the HEA is Students for Sensible Drug Policy.
The college organization has over seventy chapters on campuses
across the U.S. Its mission statement reads: " Students for
Sensible Drug Policy is committed to providing education on
harms caused by the War on Drugs, working to involve youth
in the political process, and promoting an open, honest and
rational discussion of alternative solutions to our nation's
drug problems."
The SSDP encourages students to lobby members of Congress
to support House Resolution 1053, which would repeal the drug-free
provision of the HEA. Also on the SSDP agenda is educating
the public and informing the members of Congress about the
ramifications of the drug-free provision. For more information
on the SSDP visit their website at www.ssdp.org
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