War on Low Income Students
Suzanne Wills, Drug Policy Chair
March, 2006
The Higher Education Act of 1965 was intended to make post-high school education more accessible and affordable to Americans. In 1998, Congress undermined the goal by adding the Drug Provision which barred students ever convicted of the possession or sale of illegal drugs from participating in the program. Under current provisions, first offenders are denied financial aid for one year for possession and two years for drug sales. Congress has passed new rules, which President Bush is expected to sign, allowing those who were not receiving federal aid at the time of their convicted to apply.
The new rules are an improvement, but students who are doing well enough in school to be eligible for grants and loans can still lose them for a non-violent drug law violation. This is not true for any other offense no matter how heinous.
Over the past seven years, more than 175,000 students have lost their financial aid because of the Drug Provision. Unknown thousands more have not applied. Like much of the drug war, this provision affects only the poor. Students who can pay their own college expenses continue their education as soon as possible.
Students for Sensible Drug Policy is a small nonprofit group made of members of “the D.A.R.E. generation.” http://www.ssdp.org/ It 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”.
In December, 2004, SSDP asked the Department of Education for a state-by-state breakdown of the people who have been denied aid under the law. The letter requested a waiver of processing fees under a provision of the Freedom of Information Act covering the disclosure of information that contributes significantly to public understanding of government operations and that is not primarily in the requestor's commercial interest. The DOE refused to grant the waiver and is asking $4,100 for the information, an amount SSDP cannot afford. SSDP has acquired pro bono representation and filed suit in federal court.
What can the Department of Education think it is teaching?