To the URI Faculty Senate:

As you may know, the University of Rhode Island Student Senate recently passed a resolution in support of H.R. 685, which would repeal the drug provision of the Higher Education Act (HEA). The drug provision delays or denies federal financial aid to students with any drug conviction. H.R. 685 currently has 58 cosponsors in the US House of Representatives.

The URI Student Senate resolution, which is pasted below, also calls on the Faculty Senate to express public support for H.R. 685.

Further, URI President Robert Carothers has expressed public support for H.R. 685. On Thursday April 10, he spoke at a press conference as part of a national day of action against the drug provision. This resulted in extremely positive coverage in the Providence Journal and the Narragansett Times, as well as the strong support of the editorial position of the Narragansett Times.

As you know, President Carothers works with NIAAA and is highly dedicated to reducing the harms caused by substance use and abuse. He supports H.R. 685 because current policy closes doors of opportunity to those who need it the most.

Still, despite the positive media coverage and the increasing support among the higher education community of Rhode Island, congressmen James Langevin and Patrick Kennedy have failed to take a position on H.R. 685.

We, the URI Student Senate, request that the URI Faculty Senate consider a resolution stating support for H.R. 685.

Thank you for your consideration.

Sincerely,

Thomas Angell

External Affairs Committee, URI Student Senate

Whereas, a provision in the Higher Education Act of 1998 mandates that students or prospective students convicted of any drug-related offence be denied eligibility for federal financial aid for a period ranging from One Year to a Lifetime, and

Whereas, this provision of the Higher Education Act 1998 has a discriminatory impact on a number of demographics including people of color and students of low to moderate economic means, and

Whereas, it has been shown that education is an important factor in rehabilitating persons convicted of a crime and allowing such people to become productive, well-rounded citizens, therefore be it

Resolved, that the URI Student Senate supports H.R. 685, which will repeal the applicable portions of the Higher Education Act of 1998, and be it further

Resolved, that the URI Student Senate urges Rep. Patrick Kennedy, Rep. James Langevin, Rhode Island Board of Governors for Higher Education, and URI Faculty Senate to express public support of H. R. 685

The text of H.R. 685 :

H.R. 685

108th CONGRESS

1st Session H.R. 685

To amend the Higher Education Act of 1965 to repeal the provisions prohibiting persons convicted of drug offenses from receiving student financial assistance.

IN THE HOUSE OF REPRESENTATIVES

February 11, 2003

Mr. Frank of Massachusetts introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Higher Education Act of 1965 to repeal the provision prohibiting persons convicted of drug offenses from receiving student financial assistance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

SECTION 1. REPEAL OF PROVISION PROHIBITING PERSONS CONVICTED OF DRUG OFFENSES FROM RECEIVING STUDENT FINANCIAL ASSISTANCE

Subsection (r) of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091(r)) is repealed.

The Bill has 58 cosponsors (as of 4/15/03).

The text of the drug provision:

HEA Drug Provision

The following provision was contained in the Higher Education Act of 1998 (Section 484, subsection 'F').

(f) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES.-

(l) Amendment - Section 484 is amended by adding at the end thereof the following:

(r) Suspension of eligibility for drug related offenses.-

(1) IN GENERAL- A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of suchconviction and ending after the interval specified in the following table:

If convicted of an offense involving:

The possession of a controlled substance:

Ineligibility Period

First Offense - 1 year

Second Offense - 2 years

Third Offense - Indefinite

The sale of a controlled substance:

Ineligibility Period

First Offense - 2 years

Second Offense - Indefinite

(2) REHABILITATION- A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if--

(A) the student satisfactorily completes a drug rehabilitation program that--

(i) complies with such criteria as the Secretary shall prescribe inregulations for purposes of this paragraph; and

(ii) includes two unannounced drug tests; or

(B) the conviction is reversed, set aside, or otherwise rendered nugatory.

(3) DEFINITIONS- In this subsection, the term `controlled substance' has the meaning given the term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).'.

(2) EFFECTIVE DATE- The amendment made by paragraph (1), regarding suspension of eligibility for drug-related offenses, shall apply with respect to financial assistance of cover the costs of attendance for periods of enrollment beginning after the date of enactment of this Act.