At the Drug Policy Alliance we are committed to making sure that students convicted of drug law violations get a fair shot at a quality education.
In 1998, Congress passed the Souder amendment. This law denied federal aid to any student with a drug law conviction. In 2006, the law was amended to apply only to students who are enrolled in college and receiving financial aid at the time of their conviction. Still, one interaction with the criminal justice system can permanently destroy a student's future prospects.
The Souder amendment unfairly penalizes students who are not wealthy. Under this law, a drug conviction carries far more serious consequences for a student who depends on federal aid to afford their education than for a student who does not.
Equal Access to Education
DPA believes the following principles when it comes to federal student aid access:
- The Higher Education Act (HEA), which grants federal financial aid for students, was intended to assist students from low- and middle-income families. Students from wealthy families can afford to pay for tuition without public aid. They can often afford lawyers and private rehabilitation programs to avoid drug convictions in the first place. A denial of federal student aid as punishment for a drug law conviction is a penalty on the very students federal student aid is intended to help.
- People of color are convicted of drug law violations at a much higher rate than white people, even though rates of drug use and sales are comparable across racial lines. A denial of federal student aid as punishment for a drug law conviction disproportionately restricts people of color from accessing education.
- Students who might be found eligible for financial aid can be deterred from applying if the form asks about criminal background.
- Drug use and sales will not be reduced by restricting access to education. In fact, students who are effectively forced to drop out of school due to drug charges are more likely to engage in illegal activity.
- It is excessively punitive to take away access to education from someone who has already been sentenced through the criminal justice system.
The Drug Policy Alliance is working to repeal the Souder amendment. Students with drug convictions should be able to access the financial aid that could mean the difference between continuing their education and not.