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SSDP's Higher Education Act Reform Efforts
On Tuesday, March 13, 2001, Mount Holyoke's Student Government Association
voted to endorse the HEA reform resolution!
. Our next step, with the endorsement
of the SGA behind us, is to collect Mount Holyoke faculty signatures on our educator sign-on letter.
These signatures will be presented with the resolution to our congress-people to urge them
to support Barney
Frank's bill, H.R. 786, which, if passed,
will repeal the 1998 drug provision found in the Higher Education Act of 1965.
Obviously, to accomplish these lofty goals, we need help from you. Sign an endorsement card, either by contacting an SSDP member or on this website, and make your voice heard.
About HEA Reform
What is the HEA drug provision? A provision of the Higher Education Act of
1998 delays or denies federal financial aid eligibility to any individual convicted of a state
or federal drug offense. Drug possession convictions result in ineligibilityfor 1 year
(first offense), 2 years (second offense), or indefinitely (third offense). Drug sale
convictions result in ineligibility for 2 years (first offense) or indefinitely (second offense).
Students may receive early restoration of benefits by completing a treatment program that
fulfills guidelines set by the U.S. Department of Education. Ineligibility applies to all
forms of federal financial aid, including grants, student loans, and work-study.
Why HEA Reform?
- Blocking Access to education is counter-productive
Access to education is essential if young people are to enter the mainstream of
society and the economy. Blocking access to education to those already risk
marginalization from prior involvement with drugs, and from economic disadvantagement,
is counter to the interests of both the individual and society. The vast majority of young
people convicted of a drug offense are convicted of simple, non-violent possesion
(e.g. approximately 87% of the 695,000 marijuana arrests made by state and local
police in 1997 were for possession offenses-U.S.Department of Justice, 1998
- The HEA drug provision will hurt working families
Denying financial aid hurts only those students who need the aid, namely, children of
working families. Citizens of modest means are more likely to be arrested for minor
offenses, less likely to be effectively represented by legal counsel, and more likely to be
dependent upon financial aid than students from wealthier families.
- It will have a discriminatory impact
The provision will have a racially discriminatory effect, because drug law enforcement
is disproportionately focused on African-Americanand Latino communities. For instance,
African-Americans make up 13% of the U.S. population and an estimated 13% of
drug users, but represent 55% of drug convictions and more than 70% of those incarcerated
for drug- related offenses (U.S. Department of Justice, 1998).
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It does not increase funding for drug abuse treatment programs
While the current law does allow for the re-instatement of aid eligibility after a
period of drug treatment, the provision does not take into account the scarcity of
affordable drug treatment slots.According to the U.S. Substance Abuse and Mental
Health Services Administration, 48% of current treatment needs (excluding alcohol
treatment) are unmet in the United States.
- The provision is unnecessary and arbitrary
Judges can already strip an individual of eligibility for federal
benefits as individual cases warrant. As it is, this provision represents a special,
extra-judicial penalty that can be imposed only on drug offenders. No other class
of offense, including violent offenses, predatory offenses, or alcohol-related offenses,
carries with it the automatic denial of federal financial aid eligibility. -
It will not help solve our nation's drug problem
Substance abuse is a
serious national problem, but blocking the path toward an
education is an inappropriate response. Closing the doors of our colleges
and universities, thereby making it more difficult for those most at-risk to
succeed, is not a policy fit for an advanced society such as ours.
HEA Resources
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