DRUG QUERY MAY BLOCK ROUTE TO COLLEGE

A Policy That Bars Loans Stirs Debate

WASHINGTON - People who do not answer a drug conviction question on
their federal college financial aid applications may be denied the
money.

Hundreds of thousands of applicants who did not answer the question
were not automatically denied aid during the Clinton administration,
despite a law saying they should have been. Bush administration
officials said they are reviewing that policy.

"We're 95 percent certain that the Bush administration will not let
people get away with not answering the question," said Dave Borden,
executive director of the Washington-based Drug Reform Coordination
Network, which opposes a policy change.

The legislation that took effect last July withheld grants, loans, or
work assistance from people convicted, under federal or state law, of
possession or sale of controlled substances.

A first offense possession conviction makes a student ineligible for
aid for one year after the date of conviction and a second offense for
two years. A third possession conviction results in indefinite
ineligibility. Regulations are tougher for drug sale
convictions.

"Someone who commits murder or armed robbery is not automatically
barred from financial aid eligibility," said Representative Barney
Frank, Democrat of Newton, who introduced a bill yesterday to repeal
the law. "But if you have even one nonviolent drug conviction, you
can't get any aid for a year.

"Frank's legislation will be a tough sell. His attempt last year
failed, and there is no indication sentiment has changed.

A spokeswoman for Representative Mark Souder, Republican of Indiana,
who sponsored the law, said he's "more hopeful about the Bush
administration enforcing this as intended."

Of 9.6 million federal aid applicants for the 2000-01 school year,
836,360 did not answer the question. They were sent letters
instructing them to do so. Most answered no and their applications
were processed, but 8,620 answered yes and were denied. Another
278,205 never responded, but their applications were not automatically
rejected, according to the Education Department.

Whether those applicants will be denied aid has not been decided,
Education Department spokeswoman Lindsey Kozberg said.

"All of the department's policies, rules, and regulations are under
review ... as part of the transition," she said.

Critics said the law wrongly punishes students who are honest and most
in need of aid. A conviction by itself is enough price to pay, they
contend.

"The class disparity is built into the law," Borden said. "You cannot
be wealthy and affected by this law. If you didn't qualify for
financial reasons, then you're just punished one time for your drug
offense. If you need the financial aid, you can be punished a second
time by this law."