BILL WOULD BREAK BARRIER TO EDUCATION AID

Drug Offenses May No Longer Block Eligibility

Many students are not even aware of it, but an existing federal law
bars college students from receiving financial aid if they've ever
been convicted of a drug offense.

That Higher Education Act provision, which was enacted in 2000, has
prevented more than 160,500 students nationwide from receiving
federal financial aid, according to groups trying to change the law.

Legislation that would help some of those students is pending in
Congress. On Friday, the Congressional Committee on Education and the
Work Force passed legislation that would allow students with past
drug convictions to receive aid.

While some students denied federal aid could regain their eligibility
if Congress approves the bill, opponents of the law say that's not enough.

"That's a 10 percent solution to a law that's 100 percent flawed,"
said Tom Angell, communications director for the Washington
D.C.-based Students for Sensible Drug Policy.

"Those students convicted while in college still would be stripped of
financial aid."

The Congressional committee rejected an amendment to the bill that
would completely have eliminated the ban, making a drug conviction
irrelevant to whether a student can received federal financial aid,
Angell said.

An organization with more than 115 college and high school chapters
nationwide, Students for Sensible Drug Policy is part of a coalition
of some 240 education, criminal justice, civil rights and religious
organizations that want full repeal of the education act's drug provision.

They support the Removing Impediments to Students' Education (RISE)
Act, a bill with 70 sponsors that would repeal the entire provision
and reinstate aid to all affected students.

In California, college chapters of Students for Sensible Drug Policy
include chapters at University of California campuses at Berkeley,
San Diego and Santa Barbara; the University of Southern California;
and Pitzer, DeAnza and Pomona colleges.

Some College of the Desert students said Monday they were unaware of
the federal law denying financial aid to students with drug convictions.

Kristoffer Kepler, 23, of Palm Desert said he knows students trying
to get financial aid that probably are affected by the law.

"I don't think it's fair at all," he said.

"A lot of people in college are still young and what they did before
college was experimental."

"To restrict them from financial aid when they're trying to improve
themselves by getting an education is criminal," he said.

However, Yuki Hotta, 19, of Palm Desert believes some students might
misuse their financial aid money.

"I think it's a good thing not to give them financial aid," he said.

It is possible for individuals to get drug convictions removed from
their records in certain cases, generally involving just drug
possession, not sales, said Ingrid Wyatt, spokesperson for the
Riverside County district attorney's office.

People who successfully complete a drug treatment program under
California's Proposition 36 can have their cases dismissed, Wyatt said.

Proposition 36, approved by the state's voters in 2000, allows
treatment rather than incarceration for certain nonviolent drug
possession offenses.

In other cases, people who have successfully completed the terms of
their probation can petition the court to have their records
expunged, but it's up to the judge in those cases to make the
decision, Wyatt said.

The 200-plus organizations that support full repeal of the education
act's drug provision include the County Alcohol and Drug Program
Administrators Association of California.

"A lot of times students have had (drug) problems and got themselves
straightened out," said Tom Renfree, legislative advocate for the association.

"It shouldn't prevent them from getting an education and being
productive students and citizens," he said.

He noted other crimes don't keep students from getting financial aid.

"People can be murderers and still get financial aid," he said.

[Sidebar]

What Students Say

College of the Desert students talk about an existing federal law
that denies students federal financial aid if they've had a
drug-related conviction anywhere in their pasts. Changes in the law
are being considered in Congress.

"I don't think for past convictions it's fair. I think there should
be some leeway. What if a person is a straight-A student and had a
conviction for simple possession?" Maggie Sullivan, 22, Rancho Mirage

"Taking away financial aid so they can't go to school defeats the
purpose." Jonathan Carranza, 18, Palm Desert.

"There are people who need an education and can't get it. They can't
get financial aid because of this (law). It's not fair." Kristoffer
Kepler, 23, Palm Desert

"I think it's a good thing not to give them financial aid." Yuki
Hotta, 19, Palm Desert

"It should depend on all of the circumstances. If they're selling
heroin to kids, then they shouldn't get financial aid. But if it was
simple possession a long time ago, what's the point? It's not fair to
treat everyone the same." Chisato Fujimura, 23, Rancho Mirage

"If it happens now when they're in college, they shouldn't get
(financial aid). If it happened in the past and they kept their
record clean, they should." Marie Bauldry, 19, Palm Desert

"If they're convicted (in college) for selling dope, then cut off
their financial aid. But if it's something they did in the past, they
shouldn't be denied financial aid." Hector Calvario, 20, Desert Hot Springs