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Model Legislation

Public Safety and Elections

Drug-Free Post-Secondary Education Act
Summary

Did you know the NRA--the
National Rifle Association-was the corporate co-chair in
2011?

This Act would require all public post-secondary educational institutions to suspend for
one semester (or quarter) any student convicted of any drug offense. The Act further
requires the suspension of state financial aid to students convicted of any drug offense.
The Act does not prohibit public and non-public post-secondary educational institutions
from enforcing additional or more severe sanctions.

Model Legislation
{Title, enacting clause, etc.}
Section 1. {Title.} This Act shall be known and may be cited as the Drug-Free PostSecondary Education Act.

Section 2. {Definitions.} As used in this Act:
(A) "Authority" means the [insert state] student finance authority created pursuant to
[cite state code].
(B) "Controlled substance" means any drug, substance, or immediate precursor
included in the definition of the term "controlled substance" in [cite state controlled
substance act].
(C) "Convicted" or "conviction" refers to a plea of guilty, a finding of guilty by a court of
competent jurisdiction, or the acceptance of a plea of nolo contendere or affording of
first offender treatment by a court of competent jurisdiction, irrespective of pendency or
availability of any appeal or application for collateral relief.
(D) "Dangerous drug" means any drug or substance defined as such in [cite state
controlled substance act].
(E) "Date of conviction" means the date that the trial court determines guilt and enters
judgment thereon or the date on which the court accepts a plea of nolo contendere or
formally allows a person to receive first offender treatment.
(F) "Marijuana" shall have the same meaning as such term as defined in [cite state
controlled substance act].
(G) "Non-public educational institution" means any post-secondary educational
institution not established, operated, or governed by [insert state].
(H) "Public educational institution" means:
(1) any two-year college, college, university, or other institution of higher learning under
the management and control of the Board of Regents of the University System of [insert
state]; and
(2) any post-secondary technical school under the management and control of the State
Board of Technical and Adult Education.
(I) "Student" means any person who is enrolled as a student in courses for academic
credit on a full-time, part-time, temporary, or intermittent basis in any public or nonpublic educational institution.

Section 3. {Suspension from a public educational institution.}
(A) Any student of a public educational institution who is convicted, under the laws of
this state, the United States, or any other state, of any offense involving the
manufacture, distribution, sale, possession, or use of marijuana, a controlled substance,
or a dangerous drug shall as of the date of conviction be suspended from the public
educational institution in which such person is enrolled.
(B) Except for cases in which the institution has previously taken disciplinary action
against a student for the same offense, such suspension shall be effective as of the date
of conviction, even though the educational institution may not complete all
administrative actions necessary to implement such suspension until a later date.
Except for cases in which the institution has already imposed disciplinary sanctions for
the same offense, such suspension shall continue through the end of the term, quarter,
semester, or other similar period for which the student was enrolled as of the date of
conviction. The student shall forfeit any right to any academic credit otherwise earned or

Exposed

By the Center for
Media and Democracy
www.prwatch.org

earnable for such term, quarter, semester, or other similar period; and the educational
institution shall subsequently revoke any such academic credit which is granted prior to
the completion of administrative actions necessary to implement such suspension.

Section 4. {Suspension of state financial aid used to attend a non-public
educational institution.}
(A) Any student of a non-public educational institution who is convicted, under the laws
of this state, the United States, or any other state, of any offense involving the
manufacture, distribution, sale, possession, or use of marijuana, a controlled substance,
or a dangerous drug shall as of the date of conviction be denied state funds for any
loans, grants, or scholarships administered under the authority of [cite state student
finance authority laws]. The authority is authorized to define such terms and prescribe
such rules, regulations, and procedures as may be reasonable and necessary to carry
out the purposes of this article.
(B) Such denial of state funds shall be effective as of the first day of the term, quarter,
semester, or other similar period for which the student is enrolled immediately following
the date of conviction or the date on which the court accepts a plea of nolo contendere
or formally allows a student to receive first offender treatment and shall continue
through the end of such term, quarter, semester, or other similar period for which the
student was enrolled.
(C) Any non-public educational institution operating within this state that receives state
funds shall agree to comply with this article in order to be eligible for its students to
receive state funds through scholarships, grants, or loan programs.

Section 5. {Right of educational institution to enforce additional
sanctions.} The suspension sanctions and sanctions involving denial of state funds as

prescribed in this Act are intended as minimum sanctions, and nothing in this Act shall
be construed to prohibit any educational institution from establishing and implementing
additional or more stringent sanctions for felony offenses and other conduct involving
the unlawful manufacture, distribution, sale, possession, or use of marijuana, a
controlled substance, or a dangerous drug.

Section 6. {Administrative procedures.} Administrative procedures for the

implementation of this Act shall be promulgated for the educational institutions under
their respective management and control by the Board of Regents of the University
System of [insert state] and the State Board of Technical and Adult Education or the
individual non-public educational institutions. Such procedures shall provide for relief
from sanctions previously imposed under this Act against a person whose conviction is
subsequently overturned on appeal or through collateral relief.

Section 7. {Severability clause.}
Section 8. {Repealer clause.}
Section 9. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995

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Center for Media
and Democracy's
quick summary:

This bill is part of a set of 1995 bills that perpetuated the failed "War on Drugs." This bill would suspend any student
convicted of a drug offense and allow suspension of their financial aid, which would often cause students to drop out of
school and push them onto an unproductive path. Recreational drug use in higher education is nothing new and has
had little documented negative impact on society or public safety, especially compared with lawful drugs or behavioral
modifiers like alcohol. This bill would do little to change drug use on college campuses. However, because drug
enforcement is most often directed at people of color, this bill would likely disproportionately affect students of color,
who need financial aid as a result of continuing socio-economic disparities in earning and employment opportunities.

 

 

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