Coalition for Higher Education Act Reform (CHEAR)
Ask the Senate to Repeal the HEA Drug Provision

Since the Higher Education Act (HEA) Drug Provision took effect in 2000, more than 160,500 students have been denied federal financial aid because of drug convictions. The House of Representatives is preparing to introduce a bill in Congress that will repeal this fundamentally flawed policy, but there has yet to be a similar commitment from the Senate. We are asking Senators to introduce a companion bill that will fully repeal the HEA Drug Provision. Visit http://www.RaiseYourVoice.com for further information on how to get involved in this important effort.

Sample Letter for Campaign

Subject: Repeal the HEA Drug Provision

Dear [ Decision Maker ] ,

Please support repeal of the drug provision of the Higher Education Act (HEA), a law that since taking effect in 2000 has delayed or denied aid to over 160,500 students because of drug convictions. Earlier this year the Advisory Committee on Student Financial Assistance, a bipartisan commission appointed by President Bush, called for repeal of the HEA drug provision in its recommendations.

You can support repeal of this law by sponsoring a companion bill in the Senate to the RISE Act (Removing Impediments to Students' Education), a bill in the House of Representatives which last session garnered 70 cosponsors. The RISE Act is scheduled to be reintroduced on March 9th, 2005.

The HEA drug provision is troubling for numerous reasons:

* It is economically discriminatory, only affects the children of low- and middle-income families who rely on student loans, federal work-study programs, Pell Grants, and other forms of aid to help finance their educations. These are the very students and families whom the HEA set out to assist by expanding their educational opportunities.

* It is inappropriate to punish people twice for the same offense.

* Judges already have the discretion to deny federal benefits to those convicted in their courts. Likewise, school administrators have the discretion to discipline and/or expel students who violate university policies. We should let those who are directly in touch with the individual cases make such judgment calls -- not have one blanket policy decided in Washington, DC, for everybody.

* Studies have shown that those convicted of crimes are far less likely to be re-arrested after having received two years of postsecondary education and that students who leave school after their first year have a dramatically reduced return rate.

Therefore, it does not seem in anyone's best interest to take students out of school for offenses with which the criminal justice system has already dealt. I fear that denying such students the opportunity to pull themselves out of the dangerous cycles of poverty and poor lifestyle choices may lead some of them to destructive behavior which we will later pay for in crime and tax dollars, costs which could have been avoided simplying by letting them begin or stay in school.

President Bush said in his State of the Union address that "America is the land of the second chance." I ask you to embrace that message by working to ensure that Congress corrects the mistake it made in 1998. Please introduce a bill in the Senate that will fully repeal the HEA Drug Provision.

Thank you in advance for your attention on this important issue, and I would certainly appreciate a response with your thoughts.

Sincerely,

Campaign Launched:
February 09, 2005


Background Information

March 2, 2005 http://www.raiseyourvoice.com/senate/

The Higher Education Act (HEA) Drug Provision delays or denies eligibility for federal financial aid for any drug conviction, even first-time possession. Since taking effect in 2000, more than 160,500 students have been harmed by this misguided law. On March 9, 2005, Rep. Barney Frank will reintroduce the RISE Act (Removing Impediments to Students' Education), a bill which last session of Congress garnered 70 cosponsors; and on March 10 the Coalition for Higher Education Act Reform will hold a press conference in the US Capitol to call for the law's repeal. But so far there has not been a companion bill to the RISE Act in the Senate. Recently the  Advisory Committee on Student Financial Assistance, a bipartisan commission appointed by President Bush, call for the repeal of the drug provision in its set of recommendations.

PLEASE VISIT http://www.raiseyourvoice.com/senate/ and call your Senators directly -- you can use the Congressional Switchboard at (202) 224-3121 or get their numbers from http://www.senate.gov -- and urge them to sponsor legislation in the Senate to repeal the HEA Drug Provision.

BACKGROUND: Added in 1998 as an amendment to the Higher Education Act (HEA), the "drug provision" (section 484(r), or 20 USC 1091(r)) excludes students with drug convictions from receiving federal financial aid to attend institutions of higher learning. The provision has had the effect of disqualifying a large number of deserving, low- to middle-income students from receiving federal aid to attend college for what are often relatively minor drug offenses, including misdemeanor possession of marijuana.

KEEP US INFORMED: When you send your letters or faxes, please send us a copy. In addition, when you receive a response, please pass this along to us, as it is most helpful to gauge legislators' positions by their responses to your letters, faxes, and personal meetings. This helps us to be more effective in our advocacy by tailoring our message to their individual concerns. Visit http://www.raiseyourvoice.com for much more information and resources for getting involved in the campaign.

SOME TALKING POINTS: The HEA drug provision is troubling for numerous reasons:

  • It is economically discriminatory, only affects the children of low- and middle-income families who rely on student loans, federal work-study programs, Pell Grants, and other forms of aid to help finance their educations.  These are the very students and families whom the HEA set out to assist by expanding their educational opportunities.
  • It is inappropriate to punish people twice for the same offense.
  • Judges already have the discretion to deny federal benefits to those convicted in their courts.  Likewise, school administrators have the discretion to discipline and/or expel students who violate university policies.  We should let those who are directly in touch with the individual cases make such judgment calls -- not have one blanket policy decided in Washington, DC, for everybody.
  • Studies have shown that those convicted of crimes are far less likely to be re-arrested after having received two years of postsecondary education and that students who leave school after their first year have a dramatically reduced return rate.

For more information on the HEA Drug Provision and how to become active in the campaig to repeal it, please see http://www.raiseyourvoice.com online. For further suggestions on talking points or strategy, please contact Chris Mulligan by e-mail at cmulligan@raiseyourvoice.com, or by phone at (202) 293-8340.