Urge Sen. Smith to repeal the Drug Provision

Oregon Senator Gordon Smith recently stated publicly that he thinks the Drug Provision should be repealed. We are asking Sen. Smith to act on his convictions by introducing a Senate bill that would fully repeal the HEA Drug Provision. With several key Democrats on board, we especially need a Republican willing to co-sponsor such a bill in the Senate.

Sample Letter for Campaign

Subject: Repeal the Financial Aid Ban

Dear [ Decision Maker ] ,

I am writing to thank you for publicly criticizing the HEA Drug Provision which denies financial aid to students with drug convictions, and to ask you to introduce legislation in the Senate that will repeal the law. Added in 1998 as an amendment to the Higher Education Act, this law has cost more than 160,500 students have already been impacted by the law; often for relatively minor offenses such as misdemeanor marijuana possession.

One of the more troubling consequences of the Drug Provision is that it primarily impacts the children of low- and middle-income families who rely on student loans, federal work-study programs, and other forms of aid to help finance their educations. These are the very students and families the HEA is intended to assist. It also is unfair to punish students twice for the same offense. These students have already been arrested, convicted and punished in the criminal justice system, and oftentimes by their school as well.

Studies have shown that those convicted of crimes are far less likely to be re-arrested after having received two years of postsecondary education. Denying students the opportunity to pull themselves out of the cycle of poverty and poor lifestyle choices may lead them to destructive behavior which we will later pay for in crime and tax dollars.

Many Oregon organizations, such as the Women's Resource Center of Central Oregon, the ACLU of Oregon, and the Recovery Association Project have joined the more than 240 nation-wide organizations that support the full repeal of the HEA Drug Provision.

As a member of the Senate, you now have the opportunity to ensure that Congress corrects the mistake it made in 1998. Introduced this Congress, H.R. 1184 has received the support of 68 members of the House. However, no companion bill has been introduced in the Senate. I urge you to introduce and support a bill similar to H.R. 1184 that would fully repeal the drug provision contained in existing law.

Thank you for your attention to this important issue. I would certainly 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.

Sen. Smith has said he thinks the HEA Drug Provision is a bad law, but he needs your encouragement to act. Write, fax, call, or schedule personal visits with Sen. Smith and urge him to support full repeal of the HEA Drug Provision. Only a strong constituent voice like yours can convince the Senator that this is an issue he should support.

Sen. Smith can be reacged at (202) 224-3753 or faxed at (202) 228-3997.

As a constituent, you also have the opportunity to meet Sen. Smith 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.