A law that prevents past drug offenders from receiving federal financial aid for higher education avoided legal challenge Tuesday, when an appeal to reinstate a lawsuit against it was denied.
The appeal was filed by the Students for Sensible Drug Policy Foundation, who argue that the 1998 amendment to the Higher Education Act of 1965 is unconstitutional.
The foundation based the appeal on the allegation that the law denying financial aid violates the constitutional ban on double jeopardy, which states that a person cannot be criminally punished twice for the same crime.
This law is, in fact, imposing double jeopardy on drug offenders. Someone who has already been charged and served their sentence should not be denied federal financial aid for the prior offense.
The single best way to rehabilitate people who abuse drugs is for them to get a job. Not having a college degree significantly diminishes marketability in the job world, and may prevent people from embarking on the career of their choice.
In addition, a study from the U.S. Government Accountability Office showed that a college education leads to a decrease in crime and a decrease on dependence on welfare and other forms of public assistance.
Their office also released statistics that said over 175,000 students have been denied aid due to drug convictions.
People who have committed murder or armed robbery are not automatically barred from receiving aid. But even non-violent drug offenders fall under the provision and are unable to receive federal financial aid. There is no reason for only one type of criminal to be punished in a way that others are not.
The law could be perpetuating delinquency. Students who are unable to pay for college without federal financial aid may turn to things like dealing drugs.
Drug offenders who went to jail have the option of completing their GED and even taking some college courses while they are there. It perpetuates class dichotomy to begin someone’s education while they serve time, and then deny them the tools necessary to finish it once the sentence given has ended.
Allowing past drug offenders to apply for federal financial aid does not guarantee them a full ride to the college of their choice. Just like every other student, they would have to apply and then would be evaluated based on need.
The law is also unfair because it encompasses people with every type of drug offense. You will be denied financial aid whether you ran an international drug smuggling ring or got caught smoking marijuana once in high school.
So the law is not preventing drug lords from siphoning hard-earned tax money from the government ““ it is also affecting regular students who work hard and want to go to college, but made a mistake once in their past.
After a person has done jail time, community service, or rehabilitation, the criminal justice system should give them a clean slate to restart his or her life. Getting a college education is a great way to break old lifestyle habits.
Congress re-authorizes the Higher Education Act every few years. When they reconsider the various provisions of the law this year, they should repeal the ban on federal financial aid for drug offenders. Everyone should have a chance for a fresh start and a better life.