The Fair Access to Education Act of 2015

Floor Speech

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Mr. BLUMENAUER. Mr. Speaker, today I am introducing the Fair Access to Education Act of 2015. This legislation would bring fairness to the Free Application for Federal Student Aid (FAFSA) form, which determines federal student aid, and currently asks eligibility questions about a student's drug conviction history.

Under this legislation, an applicant with misdemeanor marijuana possession offenses will not have to check the box when applying for federal financial assistance. It also immediately provides eligibility for grants, loans, and work assistance to those whose applications were suspended due to a marijuana misdemeanor offense.

Too often those with misdemeanor drug offenses, such as simple marijuana possession, continue to be discriminated against or stigmatized long after they've paid their fines or served their time. Such is the case when it comes to higher education. One of our greatest opportunities as Americans to better ourselves and start anew is pushed out of reach for many because of an outdated bias built into our federal student aid application.

Under current law, the FAFSA requires applicants to disclose any drug-related offense they've had while receiving federal student aid. This outdated question is on the application because of the Anti-Drug Abuse Act of 1988, which authorizes federal and state judges to deny certain federal benefits, including student aid, to persons convicted of drug trafficking or possession.

If that box is checked when a student submits an application, the application is immediately placed on hold and the student is informed that the application cannot be processed and additional steps are required to determine eligibility. This intimidating process often has the effect of discouraging students from continuing.

Public opinion and state law is shifting dramatically on questions related to marijuana. Prohibition is outdated and does not reflect how Americans think, nor how they actually behave. Nearly half of the population has smoked marijuana at some point in their lives, and now in four states and the District of Columbia, people can do so legally.

It is senseless that we would limit a student's future for any drug offense for which they have served their sentence, and even more senseless that we would do so for an offense for a drug that a majority believes should be legal.

The FAFSA question--number 23 for the 2015-16 school year--is outdated, unfair, and traps those seeking to recover from mistakes and create opportunities for themselves. Current policy is inevitably more harmful to those with the greatest need. If a student has a misdemeanor marijuana offense but is fully able to afford an education on their own, their future is not limited. But if a student has taken strides to recover from past mistakes and is seeking help in getting an education, current policy will only hold them back.

The Fair Access to Education Act would help reduce recidivism and strengthen our communities.

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