USE IT AND LOSE IT

Drug Convictions Can Mean No Student Aid

Murder someone. Rape someone. Do your prison time, and when you get
out you can still get federal grants and loans to go to college.

But get caught smoking a joint, and you're sunk.

A handful of young West Virginians found that out this spring, when
the federal government decided to start enforcing a 1998 law barring
anyone convicted of a drug offense since age 18 from getting federal
student aid.

"We do have students who had [been convicted]," said Mary Blizzard,
financial aid director at West Virginia State College. "In most cases,
it disqualifies them for federal aid.

"Some of them didn't attend this fall. They couldn't get
money."

Anyone who applies for one of the popular federal aid programs - Pell
grants, Stafford loans, Perkins loans - has to fill out a form called
the Free Application for Federal Student Aid, or FAFSA.

Question 35 on this year's FAFSA asked: "Have you ever been convicted
of possessing or selling illegal drugs?"

If you answer "yes," you must complete a special worksheet. It asks,
How many times were you convicted? Were the convictions removed from
your record? Were you convicted of possession, or dealing?

Your punishment depends on the severity of your crime. For example, if
you got caught smoking pot once, did your jail time and never went to
rehab, you'll probably be banned from getting federal aid for a year
or until you go through rehab.

If you got caught dealing twice, you're banned for
life.

Financial aid counselors at colleges have different reactions to the
law. Some say it's not a bad idea - sort of like verifying that all
young men are registered with Selective Service before they get aid,
which counselors already do.

Other counselors think it's the worst idea yet.

"I think it's a double punishment," Blizzard said. "If you've gotten
out of jail, you've served your time. Why be punished by not getting
to go to school?

"We say, 'We want you to be a productive member of society. But you
can't go to college.'"

'We have no way of knowing'

Responsible for the law is Rep. Mark Souder, R-Ind. His spokeswoman
has said Souder's intent was to keep students from using federal money
to finance a drug habit.

Last year, the FAFSA added a question about drug convictions. But the
wording was so ambiguous, 280,000 students nationwide just left it
blank. Others mistakenly answered that they had been convicted of a
drug offense, which created more problems.

"Initially, the feds were flagging those" mistaken answers, Blizzard
said. "Then, it was up to the student to go back and get the drug
question worksheet from the feds. It caused such a havoc last year.
They stopped flagging, because the students were just inundating them
with paper.

"We had high school guidance counselors reading the question back to
us, and I don't know if I could have answered it."

Government officials decided to go ahead and grant aid to students who
left the question blank last year. This year, they simplified the
question and added a boldface warning: "Do not leave this question
blank."

At West Virginia State, fewer than a half-dozen students answered
"yes" and were denied aid. At WVU-Tech, the number was zero.

That's zero who admitted a drug conviction. It's possible some
students lied.

"Well, there's a loophole there," said Nina Morton, financial aid
director at WVU-Tech. "We have no way of knowing."

The U.S. Department of Education says it randomly checks 30 percent of
the student aid applications for accuracy, with possible prison and
fines for people who lie. But to really enforce the law, college aid
counselors would need a database of all drug convictions at all
federal, state and local courts - and no such database exists.

Whether a student has a drug conviction or not, financial aid
counselors recommend that they complete a student aid application. The
form can qualify students for state and local aid programs that don't
consider drug convictions.

Another chance?

Forty-two members of Congress - along with a host of citizen groups,
from an association of financial aid counselors to the National
Organization for the Reform of Marijuana Laws - are trying to return
federal aid eligibility to one-time drug offenders.

Rep. Barney Frank, D-Mass., introduced legislation (HR786) in February
that would repeal Souder's law. It's co-sponsored by 40 Democrats and
one Republican, none of whom represents West Virginia.

Frank's legislation was referred to the House education committee in
April, and hasn't moved since.

Some West Virginia students would like to see the law
repealed.

"A lot of people do [drugs]," said Jon McClung of Charleston, who will
be a freshman in mechanical engineering at WVU-Tech this year. "I
think everybody is entitled to the help. I don't think it should be
based on that."

Paula Smith, a WVU-Tech senior in computer management and business
technology, can see the law's good points.

"But if a person has been convicted of a drug crime, I can see them
trying to better themselves. ... I know I would have never made it
through college without financial aid."

Emory "Tree" Ogletree, a University of Charleston basketball player
and a senior in mass communication, thinks the law should stand.

"It's one more way to keep kids off drugs, make them concentrate more
on their schoolwork," he said. "I guarantee they'll think about it.
College is expensive."