Once again Rep. Barney Frank (D-Mass.) introduced a bill, H.R. 1184, the Removing Impediments to Students Education (RISE) act, that would repeal Higher Education Act Section 484(r), which denies Title IV eligibility for individuals convicted of illegal drug use or sale of illegal drugs.
Rep. Frank held a news conference in the U.S. Capitol the day after the March 9 introduction of the RISE Act. Members of Congress, organization leaders, and one individual affected by the provision spoke in
favor the legislation. NASFAA Director of Congressional Relations Larry
Zaglaniczny spoke at the news conference.
Rep.
Frank said, "The law discriminates against those who most often apply for
college financial aid-minority and low-income students. Students who have drug
convictions but come from families that don't need financial aid aren't
affected by this law. I don't condone illegal drug use and believe that someone
who commits a violent offense or is a major drug trafficker should be denied
financial aid. But, preventing students with minor convictions from being able
to pursue an education is counterproductive and excessive."
Other Members of Congress who spoke at the news event
included Reps. Danny Davis (D-Ill.), Bobby Rush
(D-Ill), Robert Andrews (D-NJ), Barbara Lee (D-Cal.), Elijah Cummings (D-Md.), and
Shelia Jackson Lee (D-Tex.). Davis stated "I have seen students come into my
office and cry and weep because they couldn't get financial aid.
Also, speaking at the news conference in support of H.R.
1184 were Students for a Sensible Drug Policy head Scarlett Swerdlow and ALCU
Washington Office staffer Jesselyn McCurdy. Marisa Garcia, who was affected by
the provision related her difficulties in seeking an education without
financial aid. NAACP Washington Bureau chief Hilary Shelton said, "The NAACP
continues to be ardently and absolutely opposed to any automatic delay or
denial of federal educational assistance to students with past drug offenses on
their record. The NAACP is further committed to do all we can to see to it that
this over-punitive and consistently racist policy is overturned."
NASFAA's Zaglaniczny said, "Many financial aid
administrators over the years have objected to the Congress' and the
Administration's tendency to micromanage the federal student aid system. This
is a historical concern that transcends party affiliations. Both Democratic
and Republican Congresses and Administrations, from time to time, have been
guilty of using the federal student financial aid system to interject various
social goals that while well-meaning are neither congruent with efforts to
simplify the application process nor compatible with the greater social goal of
providing students with financial need the opportunity to gain an education."
Zaglaniczny concluded by stating "Our members do not condone illegal drug use in our
society and believe that those engaged in illegal drug activities should be
appropriately punished. But they also believe it is an inappropriate use of
federal power to utilize the student assistance programs to deny such
assistance to individuals. These individuals, convicted of felony drug
possession or the sale of illegal drugs, have paid their debt to society
through the justice system. They now are attempting to gain useful skills and
an education for their advancement in our society and workplace. They should
not be denied those opportunities. Repeal of Higher Education Act Section
484(r) is necessary to ensure such an outcome. Repeal should be accomplished
now."
H.R. 1184 has 50 cosponsors.
By Larry Zaglaniczny
NASFAA Director for Congressional Relations
Posted March 14, 2005 on www.NASFAA.org, Web Site of the
National Association of Student Financial Aid Administrators
Copyright 2005. Redistribution to nonmember institutions is prohibited
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