LEGAL BARRIERS FOR PEOPLE IN RECOVERY FROM DRUG AND ALCOHOL ADDICTION: EDUCATION
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1 LEGAL BARRIERS FOR PEOPLE IN RECOVERY FROM DRUG AND ALCOHOL ADDICTION: EDUCATION
2 The Federal government provides numerous grants and loans for students in need of financial aid in order to obtain a higher education degree. However, there are stipulations attached to these grants and loans. For example, 20 U.S.C.A. 1011i provides that in order for institutions of higher education to be eligible to receive federal funds, including student loan funds, it must have adopted and implemented a program to prevent drug and alcohol abuse. Further, 20 U.S.C.A and 34 C.F.R regarding student eligibility in general, provide that a student s eligibility will be suspended for drug related offenses, including possession and sale of controlled substances. The conduct in question must have occurred while the student was enrolled and receiving a grant, loan or work assistance. Ineligibility for possession lasts one year for a first offense, two years for a second offense, and indefinitely for a third offense. For sale of a controlled substance, the period of ineligibility lasts two years for a first offense and indefinitely for a second offense. However, a student may resume eligibility earlier if he or she satisfactorily completes a drug rehabilitation program that complies with federal requirements and includes two unannounced drug tests. 1 Students must be eligible under either 20 U.S.C.A or 34 C.F.R. 668, subpart C to receive the following loans, grants, or other financial assistance: Federal Supplemental Educational Opportunity Grants 2 Perkins Loans 3 FFEL loans (includes Stafford loans and PLUS loans) 4 William D. Ford Federal Direct Loan Program, subsidized and unsubsidized 5 Pell Grants 6 Academic Competitiveness Grants (ACG) and National Science and Mathematics Access to Retain Talent (SMART) grants (must also be eligible to receive a Pell Grant) 7. To receive a Pell Grant, students must not be incarcerated at the time they are awarded the grant. 8 To receive an Academic Competitiveness Grant or a Scholarship for Veteran s Dependents, recipients must meet the requirements for receiving a Pell Grant. 9 To receive Title IV program assistance, for Pell Grants, Perkins loans, FFEL and Direct Loan programs, students must not be incarcerated and for all others students must meet the program requirements contained in 34 C.F.R , 675.9, 676.9, , , , 1 20 U.S.C.A and 34 C.F.R U.S.C.A. 1070b C.F.R C.F.R C.F.R C.F.R and C.F.R U.S.C.A. 107a 9 20 U.S.C.A. 1070a-1 and 20 U.S.C.A. 1070h
3 and, further, must not be ineligible under 34 C.F.R (see above). 10 Title IV programs include Pell Grants, Federal Supplemental Opportunity Grants, ACG grants, SMART grants, Teacher Education Assistance for College and Higher Education Grants (TEACH), Leveraging Educational Assistance Partnership (LEAP) and Special LEAP (SLEAP) grants, Direct Loan program, Federal Perkins loans, and Federal Work-Study programs. 11 To summarize the federal requirements students must either not be incarcerated 12 to receive assistance or must not be convicted of a drug related offense after receiving federal assistance. The following state programs require that students meet the federal Title IV eligibility requirements: Alaska: AlaskAdvantage Loan Program and Consolidation Loan 13 California: SAVE Scholarship 14 Hawaii: Student Loan 15 Kansas: Student Assistance Programs 16 Kentucky: Higher Education Finance LEAP and SLEAP 17 Maine: Maine Scholarship Program 18 Missouri: Financial Aid Program 19 New Hampshire: Grants Workforce Incentive Program Forgiveable Loans 20 Oklahoma: Tuition Aid Grant Program 21 Rhode Island: College Bound Fund Academic Promise Scholarship Program 22 Rhode Island State Grant and Scholarship Program 23 Adult Education Grant Program C.F.R See, 34 C.F.R , 676.9, and However, see 20 U.S.C.A which provides grants to states for incarcerated individuals. The purpose of this program is to assist incarcerated individuals 35 years old or younger and eligible for parole within seven years of obtaining the grant to receive a postsecondary degree while in prison. 13 Alaska Stat and Alaska Admin. Code Tit. 20, and Cal. Code Regs. Tit. 5, Haw. Rev. Stat Kan. Admin. Regs Ky. Rev. Stat. Ann. 164A.020 and 11 Ky. Admin. Regs. 5: Code Me. R Ch. 614, 2 19 Mo. Rev. Stat and Mo. Code Regs. Tit. 6, Statute states that if an applicant is found guilty of or pleads guilty to any criminal offense during the period he or she is receiving financial aid, the applicant is not eligible for renewal provided such offense would disqualify the applicant from receiving federal aid. 20 N.H. Code Admin. R. Ann. POS and Okla. Admin. Code 610: R.I. Code R :I 23 R.I. Code R :I
4 South Carolina: FFEL 25 Tennessee: State Lottery Scholarships and Grants 26 HOPE Scholarship 27 ASPIRE Scholarship 28 General Assembly Merit Scholarship 29 HOPE Scholarship for Military Members 30 HOPE Access Grants 31 Wilder-Naifeh Technical Skills Grants 32 HOPE Teachers Scholarship 33 Helping Heroes Act 34 Rural Health Scholarship 35 Guaranteed Student Loan Program 36 TELS 37 Math and Science Teach Loan Forgiveness Program 38 Rural Health Loan Forgiveness Program 39 Helping Heroes Grant Program 40 Texas: B-On-Time Loan Program 41 Utah: Centennial Opportunity Program for Education 42 LEAP 43 Higher Education Tuition Assistance Program 44 Lender of Last Resort Program 45 West Virginia: Financial Aid to Athletes 46 Wyoming: Need Based Scholarship R.I. Code R :I S.C. Code Ann. Regs Tenn. Code Ann and Tenn. Code Ann Tenn. Code Ann Tenn. Code Ann Tenn. Code Ann Tenn. Code Ann Tenn. Code Ann Tenn. Code Ann Tenn. Code Ann Tenn. Code Ann Tenn. Comp. R. & Regs Tenn. Comp. R. & Regs Tenn. Comp. R. & Regs Tenn. Comp. R. & Regs Tenn. Comp. R. & Regs Tex. Educ. Code Ann and Utah Admin. Code R Utah Admin. Code R Utah Admin. Code R Utah Admin. Code R W. Va. Code St. R
5 Florida 48, Georgia 49, Pennsylvania 50, South Carolina 51, South Dakota 52, Texas 53, and Wyoming 54 deny eligibility to students who have been convicted of a felony, while Louisiana 55, Mississippi 56, Pennsylvania 57, South Carolina 58, and Utah 59 also disqualify applicants who have convictions for any offense but minor/misdemeanor traffic or other offenses. California statutes provide that a person is ineligible for state aid for a maximum of two years if he or she is arrested and convicted of any act likely to disrupt the peaceful conduct of campus activities. If a student is not arrested or convicted but found, after a hearing, to have willfully and knowingly disrupted the orderly operation of the campus, he or she shall also be ineligible for a period not to exceed two years. If the student is suspended for these acts, he or she shall be ineligible for a period not less than the term of suspension. 60 California will also deny financial aid to a student as a result of misconduct that, in the judgment of the institution of higher education, bears adversely on the student s fitness for the assistance. 61 Arkansas law provides that a criminal conviction shall not be used as a basis to disqualify a person from receiving a scholarship, grant, or under a loan forgiveness program unless there is a specific statute that provides otherwise Wyo. Stat. Ann Fla. Stat. Ann (Bright Futures Scholarship Program) 49 Ga. Code Ann , , and (denial of financial aid, loans, grants or scholarships generally); (Graduate on Time Student Loans); (Education for Public Service Student Loan); and (HOPE Scholarships and Grants) Pa. Cons. Stat. Ann (Higher Education Assistance); 24 Pa. Cons. Stat. Ann (Scholarships and grants); and 24 Pa. Cons. Stat. Ann (New Economy Teachers Scholarship Act) 51 S.C. Code Ann (Tuition Grants); , 62 S.C. Code Ann. Regs , 62 S.C. Code Ann. Regs and 62 S.C. Code Ann. Regs (LIFE Scholarships); and 62 S.C. Code Ann. Regs (HOPE Scholarships); 62 S.C. Code Ann. Regs. 315 (Palmetto Scholarship); 62 S.C. Code Ann. Regs. 465 (Need-Based Grants) 52 S.D. Codified Laws (Scholarships and Free Tuition) 53 Tex. Educ. Code Ann , and 19 Tex. Admin. Code (TEXAS Grant); Tex. Educ. Code Ann , and 19 Tex. Admin. Code (Education Opportunity Grant Program) 54 Wyo. Stat. Ann and Wyo. Admin. Code Educ. Gen (Hathaway Scholarship); (Hathaway Opportunity, Performance & Honor Scholarship); (Hathaway Provisional Opportunity Scholarship); (Need Based Scholarship) 55 La. Rev. Stat. Ann. 17:3048.1, La. Admin. Code Ch. 28, Pt. IV, 703 and 705 [Taylor Opportunity Program for Students (TOPS)]; La. Rev. Stat. Ann. 17:3050.2, La. Admin. Code Ch. 28, Pt. IV, 1503 and 1507 (Grant Opportunity for Youth Challenge Skill Training Program); La. Admin. Code Ch. 28, Pt. IV, 803 and 805 (TOPS Tech Award); La. Admin. Code Ch. 28, Pt. IV, 903 and 907 (TOPS Teacher Award); La. Admin. Code Ch. 28, Pt. IV, 1303 and 1305 (LEAP); La. Admin. Code Ch. 28, Pt. IV, 2303 and 2309 (Tuition Payment for Medical Students) 56 Miss. Code. Ann (Student Tuition Assistance) Pa. Cons. Stat. Ann (Higher Education Assistance); 24 Pa. Cons. Stat. Ann (Scholarships and grants); 24 Pa. Cons. Stat. Ann (New Economy Teachers Scholarship Act); 22 Pa. Code (Financial Aid agency may consider violation of the Controlled Substances Act in determining applicant eligibility) 58 See FN Utah Code Ann. 53B and Utah Admin. Code R (New Century Scholarship); Utah Code Ann. 53B and Utah Admin. Code R (Regents Scholarship Program) 60 Cal. Educ. Code Cal. Educ. Code Ark. Code Ann
6 Arkansas 63, California 64, Georgia 65, Illinois 66, Kentucky 67, Michigan 68, Montana 69, New Jersey 70, Oklahoma 71, Pennsylvania 72, Tennessee 73, West Virginia 74, and Wyoming 75 deny aid to individuals who are incarcerated. Conversely, Minnesota law specifically provides that incarcerated students are eligible for scholarships and grants-in-aid 76 while Ohio will provide the Part-Time Student Instructional Grant to students who are incarcerated if they are eligible for parole within five years of receiving the grant. 77 Wisconsin students who are or were incarcerated are eligible for the Talent Incentive Grant. 78 Certain programs under Arkansas 79, Indiana 80, Maryland 81, South Carolina 82, Tennessee 83 and Washington 84 laws provide that an applicant or student must certify or pledge to be or 63 Ark. Code Ann , Ark. Admin. Code A:2, B:2 and C:2 (Arkansas Academic Challenge Scholarship Program) 64 Cal. Educ. Code (Cal Grant Program) 65 Ga. Code Ann (Graduate on Time Student Loans); (Education for Public Service Student Loan); (HOPE Scholarships and Grants) 66 Ill. Admin. Code Tit. 23, (ILSAC excludes National Guard and Veteran s Grants from being disqualified) Ky. Admin. Regs. 3:015 (Kentucky Loan Program) 68 Mich. Comp. Laws (Part-Time, Independent Student Grant Program); (Graduate Student Work-Study Program); (Undergraduate Work-Study Program); (Education Opportunity Program); Mich. Admin. Code R (Nursing Scholarship) 69 Mont. Code Ann (Governor s Postsecondary Scholarship Program) 70 N.J. Stat. Ann. 18A:71B-2 (scholarships and grants) 71 Okla. Admin. Code 610: (Tuition Aid Grant Program) Pa. Code (financial aid) 73 Tenn. Code Ann and (State Lottery Scholarships and Grants); and (HOPE Scholarships); (ASPIRE Scholarship); (General Assembly Merit Scholarship); (HOPE for Military Members): (HOPE Access Grants); (Wilder-Naifeh Technical Skills Grants); (HOPE Teachers Scholarships); and Tenn. Comp. R. & Regs (Helping Heroes Grant Program); Tenn. Code Ann (Rural Health Scholarships); Tenn. Comp. R. & Regs (TSAC); Tenn. Comp. R. & Regs (TELS); Tenn. Comp. R. & Regs (Math and Science Teacher Loan Forgiveness Program); Tenn. Comp. R. & Regs (Rural Health Loan Forgiveness Program) 74 W. Va. Code Ann. 18C-5-7, W. Va. Code St. R and (HEAPS) 75 See FN Minn. Stat. Ann. 136A.121 and Minn. R Ohio Admin. Code Wis. Admin. Code HEA Ark. Code Ann (Higher Education Opportunity Grant Program); Ark. Code Ann , Ark. Admin. Code A:2, B:2 and C:2 (Arkansas Academic Challenge Scholarship Program) 80 Ind. Code Ann and (21 st Century Scholars Program); (General Scholarships and Grants) 81 Md. Code Ann., Educ (Financial Assistance); Md. Code Ann., Educ (Educational Excellence Award Program to prequalify as a 9 th or 10 th grader, student must agree in writing to refrain from substance abuse)
7 remain drug-free and/or avoid criminal activity. The Washington regulation requires that applicants must sign a pledge in the 7 th or 8 th grade that commits them to having no felony convictions before they will be eligible for the scholarship. Still other state programs require that an applicant be of good moral character to be eligible. 85 Oklahoma law provides that, to retain eligibility under the Higher Learning Access Act, a student must refrain from conduct that leads to expulsion or suspension of more than one semester S.C. Code Ann. Regs. 315 (Palmetto Scholarship); 62 S.C. Code Ann. Regs. 465 (Need-Based Grants); 62 S.C. Code Ann. Regs (HOPE Scholarship); 62 S.C. Code Ann. Regs , 62 S.C. Code Ann. Regs , 62 S.C. Code Ann. Regs (LIFE Scholarship) for each of these programs, the applicant must certify that he or she has never been adjudicated delinquent or been convicted of or plead guilty to a felony or any second or subsequent alcohol or drug-related offenses. If the applicant has, he or she is ineligible for one year following the conviction. 83 Tenn. Comp. R. & Regs (Teacher Loan/Scholarship); Tenn. Comp. R. & Regs (Christa McAuliffe Scholarship); Tenn. Comp. R. & Regs (Teacher Loan Program) 84 Wash. Admin. Code (College Bound Scholarship) 85 See, Ark. Code Ann (Rural Medical Practice Student Loans and Scholarships); Ark. Code Ann (Graduate Nursing Student Rural APN and Nurse Educator Loans); 110 Ill. Comp. Stat. 947/65.10 (Higher Education Student Assistance Act Fellowship Program); Ill. Admin. Code Tit. 23, (Fellowship Program); Ill. Admin. Code Tit. 23, (Traineeship Program); N.J. Stat. Ann. 18A:72J-4 (Martin Luther King Physician-Dentist Scholarships); 22 Pa. Code (financial aid); and S.C. Code Ann (Tuition Grants) 86 Okla. Stat. Ann. Tit. 70, 2603
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