Passed in 1998, the Drug Provision of the Higher Education Act limits students convicted of the possession or sale of a \controlled substance"" from receiving federal financial aid for a specified period of time unless they participate in rehab. The provision only applies to students who admit such a conviction on the Free Application for Federal Student Aid.
Though the provision itself is only about 250 words long and appears relatively harmless, it has had great repercussions. Student groups across the country are springing up in opposition, and the bill to eliminate the provision from the HEA already has 55 sponsors in the House of Representatives, including U.S. Rep. Tammy Baldwin, D-Wis.
This negative reaction is completely justified, as the problems with the provision far outweigh the benefits.
First, by retroactively punishing students with drug offenses, the provision limits the opportunity for students to attend college. Instead of affecting current college students, as was intended by the provision's sponsor, Mark Souder, R-Ind., it hurts those applying for financial aid in the first place. For example, if a high school student is twice convicted of selling a controlled substance, he or she cannot receive federal financial aid for college for an ""indefinite"" period of time'essentially never'without participating in rehab. Such students wishing to turn their lives around are inhibited from receiving financial aid and thus deterred from attending college.
Furthermore, the provision unacceptably punishes students twice for the same mistake'once when originally convicted and again when applying for aid.
However, the provision's most serious flaw lies in what it does not address. While preventing students with minor (and major) drug offenses from receiving financial aid, it does nothing about those with more serious criminal offenses. Students convicted of robbery, rape or violent offenses are still eligible, while students convicted only once of drug possession are inhibited from receiving financial aid. Though drug abuse is a serious issue, it is by no means the only problem needing and deserving attention.
However, eliminating the Drug Provision completely is not the answer, as most student groups across the country believe, including the branch of Students for a Sensible Drug Policy here at UW-Madison.
Instead, the provision needs to be revised to exclude its current retroactive nature and to include all serious crimes.
By allowing students entering college to receive aid, those students wishing to better their education, and by extension their lives, will have a better chance to do so. The adjustment will also eliminate the problem of being punished for one mistake twice.
Because the federal government should not support students with serious offenses, it should categorize criminal offenses to dole out different lengths of federal aid exclusion for students already in college. As the most important revision correcting the most serious problem, this would expand the effects of the provision to all those convicted of crimes instead of unfairly isolating drug offenders.
Though no similar bill is currently in Congress, for now, nothing is better than something. The current provision is unfair and discourages many struggling students from aspiring to a college education. Though many may argue that it's the best thing around, it has too many problems and should be repealed.
