Eliminate FAFSA Question on Drug Conviction

Current Law:

Section 484 (r) of the Higher Education Act prohibits students who have certain drug related offenses from receiving federal financial aid.   "A student who has been convicted of any offense under any federal or state law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during a period beginning on the date of such conviction."

Issue:

The current requirement in the Higher Education Act to suspend eligibility for financial aid to college students who have certain drug related offenses is both inappropriate and counterproductive.  Many of our students depend upon the funds they receive through the federal government to pursue higher education.  To deny financial assistance to students who are attempting to better themselves is not in the best interest of the students or the country.  These are the very students who need such education to bring them to greater maturity and self-sufficiency.  Higher education has consistently been proven through research to be a key to financial success, personal satisfaction, and stronger citizen participation in government.

The provision creates a situation of double jeopardy.  Aid applicants who have paid their debt to society are punished a second time by the withholding of federal aid.

The withholding of federal aid prevents prospective students from obtaining the educational credentials that would enable them to lead productive, crime-free lives and become contributing taxpayers.

The requirement prevents needy students who have made mistakes from attending college.  Students from wealthy families making the same mistakes are unaffected.

The question on the Free Application for Federal Student Aid seeking prior conviction information is both confusing and intimidating.  For students at risk, the delay in application processing and uncertainty over their eligibility status, may opt out of higher education rather than seek funds and be turned down because of their belief that they may be ineligible.

A student who has been convicted of any other type of crime does not suffer these consequences.  Rape, murder, assault, burglary have no financial aid consequences;  however, Congress has chosen to punish those who have made even foolish, youthful mistakes. 

Proposal:

Eliminate Section 484 (R) of the Higher Education Act.

Possible Objections:

Former drug offenders should not benefit from federal financial aid.

Counter Argument:

With education, students with prior drug convictions can contribute to society instead of becoming burdens on society due to lack of economic means.  A punitive approach is not in the best interest of society.  Education benefits both the individual, by giving him/her the tools necessary to earn a living wage, and society by producing citizens who add economic value. 

Mark Souder (R, IN) proposes to change 484 ( R) so that it applies only to those who have been convicted of a drug offense while receiving federal financial aid.  This change is both inappropriate (for the reasons mentioned above) and unenforceable.  A student who is arrested on drug charges while a freshman in college, would unlikely be through the criminal justice system before completing his financial aid application for his senior year.  Colleges do not have the ability to track the legal status of its many students to continually determine if the student is in compliance with this requirement.  Indeed, even the federal government cannot provide access to a national database of drug convictions.  We rely on the honesty of students (the very ones Souder condemns) and the swiftness of the criminal justice system.  Even if the student's conviction came in time for his aid eligibility to be cancelled for a year or more, or even permanently, our nation suffers as well as the student since the ineligibility for need-based aid will in all likelihood prevent the student from finishing his/her education.  Studies repeatedly show that students who "stop out" of school have a much lower graduation rate even in the long run.