MISPLACED DRUG PENALTIES

EVERY YEAR millions of current and prospective college students go through
the same ritual: filling out the form that determines eligibility for
federal financial aid. They answer a series of questions mostly having to
do with finances, but since last summer there's been another query: Have
you been convicted of selling or possessing drugs? Students who answer yes
could lose eligibility for federal aid for one or more years.

The restrictions, passed as part of the Higher Education Act of 1998, are
the only crime-related limit on financial aid. The intent, according to
sponsor Rep. Mark Souder (R-Ind.), was to deter students from using or
selling drugs, help users get treatment and hold students accountable for
public aid they receive. Those are laudable goals, but this isn't the way
to achieve them. Rep. Barney Frank (D-Mass.) is leading an effort to repeal
the restrictions; members ought to pass his bill.

About 4 million students have filed so far to determine their eligibility
for the coming school year. Millions more will file; last year the
department received roughly 10 million applications. Out of the current
total for the 2001-2002 year, 27,000 answered yes to the drug question.
Roughly 13,000 of those were found fully or partially eligible anyway, for
reasons that could include the length of time since conviction or having
completed drug rehabilitation. The remaining 14,000 are still in process, a
spokesman said, and could wind up ineligible.

That's a tiny percentage of total applicants, but still thousands of real
students who may lose the ability to attend or stay in school. This amounts
to an additional penalty for drug use, applied only to those of modest
enough income to need federal help. Though Rep. Souder said his intent was
to apply this sanction only to students already receiving aid, the law has
been interpreted to cover first-time applicants too. So this provision
could have the effect of cutting off students who are trying to overcome
past troubles with drugs and pursue the education that will help them get
ahead. They ought to get help, not hindrance.