Ensure federal student loan eligibility
Recommendation
Congress should amend the Higher Education Act (20 U.S.C. § 1091) so any conviction for drug possession without intent to distribute does not suspend federal student loan eligibility for any amount of time.[1]
Background/summary
Under current law, any student convicted of possessing or selling a controlled substance becomes ineligible to receive federal student loans, grants, or work assistance for a period of time.[2] This policy disproportionately impacts students of color, who are more likely to be convicted of disqualifying drug offenses.[3] According to the U.S. Department of Education, 86 percent of Black students take out student loan debt compared to 68 percent of white students.[4] As a result, the current law marginalizes those who need aid the most and deprives them of access to the educational opportunities needed to improve their lives.[5] Legislation introduced in the House and Senate during previous Congresses would have repealed the provision of the Higher Education Act that makes students convicted of drug-related offenses ineligible for federal student aid.[6][7]
citations
1. The Kennedy Forum. Recommendations of Congressman Patrick J. Kennedy to the President’s Commission on Combating Drug Addiction and the Opioid Crisis. Last Updated October 2017.
2. Legal Information Institute. “20 U.S. Code § 1091 - Student Eligibility.” Last Accessed July 27, 2023.
3. U.S. Commission on Civil Rights. COLLATERAL CONSEQUENCES: The Crossroads of Punishment, Redemption, and the Effects on Communities. Last Updated June 13, 2019.
4. Legal Defense Fund. How Student Loan Forgiveness Can Help Close the Racial Wealth Gap and Advance Economic Justice. Last Updated April 17, 2023.
5. American Civil Liberties Union. Injustice 101: Higher Education Act Denies Financial Aid to Students with Drug Convictions. Last Updated June 14, 2002.
6. Financial Aid Fairness for Students Act. H.R.4584 (Bass-Young), 116th Congress (2019-2020).
7. Stopping Unfair Collateral Consequences from Ending Student Success Act. S.5079 (Casey), 116th Congress (2019-2020).