Urge Sen. DeWine to repeal the Drug Provision

We are asking members of the Senate Health, Education, Labor and Pensions (HELP) Committee, including Sen. Mike DeWine, to include language similar to the RISE Act that would fully repeal the HEA Drug Provision in the Senate bill to reauthorize of the Higher Education Act. With several key Democrats on board, we especially need Sen. DeWine to support reinstating financial aid to students who have made mistakes in the past.

Sample Letter for Campaign

Subject: Repeal the Financial Aid Ban

Dear [ Decision Maker ] ,

Please ensure that the ban on financial aid to students with drug convictions is fully repealed. As the reauthorization of the Higher Education Act (HEA) moves forward, you have an opportunity to correct Congress's mistake in 1998 of allowing the Drug Provision to become part of the final bill. Since then, more than 160,500 students have been blocked access to aid, often for relatively minor offenses such as misdemeanor marijuana possession.

Though some have submitted proposals to scale back the provision to no longer apply to those with convictions before starting school, that would still mean that students convicted on drug charges would lose their aid. It is essential that the Drug Provision is scrapped altogether. Students who have made mistakes and paid their debt to society should be allowed to get an education and get their lives back on track.

Only students from low- and middle-income backgrounds are forced to leave school because of this law. Those from wealthier backgrounds who do not rely on aid are unaffected. Given the HEA's mission of opening educational access to those who could not otherwise afford it, it simply doesn't make sense to push less fortunate and at-risk students out of school for their mistakes. Judges already have the authority to revoke student aid from drug offenders, and universities can expel problem students. Why keep an unnecessary blanket policy that only affects the needy?

Numerous organizations in Ohio have pushed for the full repeal of the HEA Drug Provision, including the Ohio College Access Network, Ohio Citizen's Advocacy Board, the Ohio Community Corrections Organization, and the Public Children Services Association of Ohio. Congress's own Advisory Committee on Student Financial Assistance this year recommended the removal of the drug conviction question from the FAFSA, calling it "irrelevant." The provision's own author, Rep. Mark Souder (R-IN) has characterized the law's current enforcement as "draconian" and has urged students to sue the Department of Education if they believe the law had unjustly affected them.

Please do the right thing and make sure that the Drug Provision is fully repealed in the HEA reauthorization. At-risk students can't wait another seven years for Congress to act.

Thanks for your attention on this important issue. I would greatly appreciate a response with your thoughts.

Sincerely,

Campaign Launched:
July 11, 2005

Background Information

The RISE Act or H.R. 1184 was introduced this Congress in order to fully repeal the Higher Education Act (HEA) Drug Provision, which has delayed or denied financial aid to more than 160,500 students with drug convictions since taking effect in 1999. The Senate will be introducing a bill to reauthorize the HEA in the next couple of weeks and can therefore repeal the financial aid ban for students with drug convictions.

Added in 1998 as an amendment to the Higher Education Act (HEA), the “Drug Provision” (section 484(r) or 20 USC 1091(r)) bars 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 marijuana possession.

As a leading Republican on the Senate HELP Committee Sen. DeWine will be a necessary ally in the struggle to repeal the HEA Drug Provision. Write, fax, call, or schedule personal visits with Sen. DeWine and urge him to support repeal of this unjust policy. Only a strong constituent voice like yours can convince the Senator that this is an issue he should support. Please call Sen. DeWine's D.C. office today, ask to speak to an education staffer, and let them know you support full repeal of the HEA Drug Provision.

Sen. DeWine can be reacged at (202) 224-2315 or faxed at (202) 224-6519.

As a constituent, you also have the opportunity to meet Sen. DeWine or one of his staffers in his district office or in his Washington D.C. office. It is best to schedule a meeting with the education staffer. In addition, when you receive a response, please forward it along to us, as it is most helpful in gauging legislators’ positions on the issue.