Substance Abuse, Civil Rights Communities Unified Against Higher Education Act Drug Provision
Feature Story by civilrights.org staff - 4/22/2003
Several people and organizations came to the Capitol this week to protest the Higher Education Act (HEA) Drug Provision of 1998 that denies federal financial aid to those convicted of drug offenses. Since its inception in 1998, the provision, sponsored by Rep. Mark Souder (R-Ind.), has denied over 93,000 students financial aid for college, and has deterred many others who need aid from applying.There are several reasons as to why the provision is contested by so many groups. First, many argue it is class-biased, because it doesn't punish all drug users or possessors, just those whose depend on financial assistance to go to school.
Another concern is that the racial bias evidenced in drug offense convictions has extended to enforcement of the 1998 provision. As Hilary Shelton from the NAACP pointed out, although blacks commit drug offenses in proportion to their percentage of the population, they are disproportionately convicted.
Join Together, a group that supports community-based efforts to reduce, prevent, and treat substance abuse, explained that the current legislation discriminates against people with prior addiction problems. This bill adds to the barriers former drug users face when trying to rebuild their lives; without financial aid, few will ever have a chance to attend college. Furthermore, the current legislation could actually deter someone from seeking treatment, because they are afraid to lose their financial aid.
Rep. Barney Frank (D- Mass.), who spearheaded opposition to the provision, has submitted a bill to repeal the act. Frank commented that the provision "was counterproductive in nature." Rep. Tom Allen (D-Minn.) expressed that "we have nothing to gain from shutting the door to a higher education." Other representatives in attendance included, Dennis Kucinich (D-Ohio),Maurice Hinchey(D-N.Y.), and Bobby Scott (D-Va.).
Shawn Heller, national director of Students for a Sensible Drug Policy challenged President Bush’s promise to "leave no child behind." Mr. Heller explained that such promises should extend to the teenaged population who may have made the mistake of possessing or using drugs at one time in their lives.
