FEDERAL LAWS RESTRICT FINANCIAL AID FOR STUDENTS WITH DRUG CONVICTIONS The search for college funding can be a tough part of every student's life. Financial aid is one effort aimed at providing federal and state funding for those in need. Unfortunately, those convicted of certain drug offenses while enrolled are ineligible to receive federal financial aid. As part of the federal government's ongoing effort to support the success of students and increase the population's access to higher education, the Higher Education Act (HEA) of 1965 was meant to improve student access to resources and financial assistance. Part of the initiative was a stipulation that required the HEA to be revaluated and re-authorized roughly every four or five years. As part of the ongoing re-authorization effort, a new provision was added in 1998. This provision, introduced by Rep. Mark Souder (R-Ind.), required adult students convicted of possessing or selling illegal drugs to disclose their conviction by answering yes to a question on their Free Application for Federal Student Aid (FAFSA). Students who answered yes to this question were then denied access to aid. The penalty for those affected by the question range from short periods of ineligibility to indefinite suspension of a student's financial aid. However, students who agree to a rehabilitation program may, in some instances, continue to be eligible. In the 2000-01 school year, the provision went into effect and as a result more than 175,000 students nationwide have been denied financial aid, said Tom Angell, campaigns director for the Students for Sensible Drug Policy (SSDP). The SSDP, a non-profit organization founded in 1998 with its head office located in Washington, D.C., has around 100 chapters nationwide and lobbies the federal government on behalf of student-related drug issues. That figure does not include students who decided against filling out an application after encountering the question or who may decide to answer no but who have actually been convicted, Angell said. "Congressman Souder wants to decrease drug abuse but encourages it by blocking peoples' access to education. Federal studies show that these efforts do not work. They're hurting our economy and society," Angell said. The federal mandate effectively penalizes students repeatedly for the same offense and also creates an atmosphere of mistrust between students and campus administration, Angell said. The SSDP has also been involved in an ongoing effort to receive access to federal records showing the number of students denied financial aid nationwide as part of the Freedom of Information Act. After repeatedly being denied a fee-waiver by the Department of Education, which claimed the SSDP might use the information to subvert the war on drugs, the SSDP decided to file a lawsuit, the outcome of which has is yet to be determined. According to Angell, in the first academic year affected by the question, 3 percent of students left the question unanswered. After the first year, it was decided that students would be required to answer the question or risk being denied financial aid. After years of lobbying the federal government to remove the clause, Congress recently voted to reform the provision. This reform, scheduled for the 2006 school year, and supported by Rep. Souder, will only affect students convicted while in school from obtaining financial aid. Students previously denied due to convictions that predated enrollment will again be eligible, Angell said. At UWM, roughly 24,000 students applied for federal financial aid during the 2004-05 school year, said Jane Hojan-Clark, director of Financial Aid at UWM. Answering yes to the question requires that students respond to a series of follow-up questions. Of those 24,000, three students answered yes to the question, which automatically disqualified them from receiving financial aid, and 21 answered "yes or don't know." Although there is no way of cross-referencing a student's answer with a database of convictions, the application does mention various penalties for false information, Hojan-Clark Said. "Any kind of requirements like that that aren't financial need related I think can discourage students from considering higher education," Hojan-Clark said. Fortunately, it appears that the students here at UWM are not substantially impacted but it is not known how many students may or may not be applying because of certain assumptions about the application process in relation to the drug offense question, Hojan-Clark said. "It may discourage students who may be eligible," she said. The provision also fails to take into account a student's academic performance. Students are already required to maintain a federally-mandated GPA. This provision only affects students who are performing adequately and making sufficient progress towards a degree. Individuals convicted of other crimes, such as murder, are still eligible to receive federal financial aid. The exception would be those incarcerated, Hojan-Clark said According to Hojan-Clark, the state legislature has also unsuccessfully attempted to pass related legislation a number of times. Wisconsin is one state that still grants state financial aid to those convicted of drug offenses, regardless of their federal status. "The more non-financial need-related barriers that we connect with the financial aid application process, (the more) we run the risk of discouraging students from considering higher education," she said.
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