DENYING SCHOOL AID FOR DRUGS IS FAULTED

Hoosier Congressman Who Wrote Law Now Is Working To Reduce Its Penalties On
Students

An Indiana congressman is having second thoughts about a law he wrote that
will deny federal aid to nearly 40,000 college students this fall.

U.S. Rep. Mark Souder is close to an agreement with the federal Department
of Education to reduce the effect of the law, officials in his office said
Wednesday.

The 1998 statute bars federal grants, work-study money and student loans to
anyone convicted of selling or possessing drugs.

Souder, a Republican, was unavailable for an interview. But he has said
previously that he meant for the ban to kick in if a student committed a
crime while receiving federal money.

Michael Eck, an Earlham College senior who co-founded Students for Sensible
Drug Policy, is pushing for a compete repeal of the law.

"It's a very easy issue to organize students around . . . because most
students agree that it hurts more than it helps," Eck said.

More than 9,600 applicants were denied at least partial college aid last
year, the first school year the ban was in effect. As many as 39,647 could
lose aid this year -- in part because the government is now automatically
rejecting applications from students who refuse to answer the drug
conviction question.

Souder, an evangelical Christian, believes in redemption and would not
prevent someone who has reformed from receiving aid, according to his office.

But the way the Department of Education is interpreting the law, college
students convicted of possessing or selling drugs -- as long as two years
ago -- are banned from getting federal grants, low-cost student loans or
work-study for at least a year.

The number of Indiana students affected is low. Indiana University
estimates that 40 of this year's applicants said they had a drug
conviction. But William Ehrich, the school's associate director of
financial aid, said that all of those contacted so far have been determined
to still be eligible. They either had misunderstood the question or their
conviction was more than two years ago.

Of 30,000 financial aid forms received by Purdue University, fewer than 10
reported a drug conviction. The school is working with those applicants to
determine eligibility.

The University of Indianapolis estimates three or four students won't
receive aid this year because of the ban.

Ball State University reported it doesn't know how many students are
ineligible. "I'm not sure we should be the enforcers on this issue," said
Bob Zellers, director of scholarships and financial aid for the Muncie
university. "I'm not sure we should keep students from getting an education
if they've paid their price to society."

Smaller, private schools, including Butler University and Earlham College,
said no students have lost aid.

But the low numbers in Indiana, so far, have not stopped students from
organizing.

Eck's Students for Sensible Drug Policy group has 156 local chapters --
including at Earlham and IU -- and has gotten 66 student governments, the
U.S. Student Association, and the Association of Big Ten Schools to pass
resolutions calling for the ban's repeal. The group has put on a national
drug war conference, created scholarships for students refused aid and
lobbied Congress.

U.S. Rep. Barney Frank, D-Mass., who is pushing to overturn the ban, said
he's never seen an issue generate more interest and action by students
nationwide.

"They see the unfairness of this," Frank said. "The fact that it singles
out drugs. The fact that by definition it only hits low-income people."

When Russell Selkirk of Columbus, Ohio, saw the question on his student aid
form last year, he knew he was sunk. After his first quarter at Ohio State
University, Selkirk was caught smoking marijuana outside a bar.

"I got to the question and was like, 'Wow, I guess that seals the deal
right there,' " he said. He briefly considered lying about the misdemeanor
conviction because he didn't think it was relevant to whether he should
receive aid.

Applicants who falsely deny a conviction are unlikely to be caught because
there is no national database of state and local drug convictions.

But with his mom beside him, he filled out the form truthfully -- and was
denied his request for a low-interest loan.

"I definitely feel it's very unfair," he said. "I know walking around on
campus there have been people convicted of crimes far worse than choosing
to partake in a little marijuana smoking."

(SIDEDBAR)

MORE

Unintended effect

The law banning student aid for drug offenders might have a
disproportionate impact on the poor and minorities. Although the percentage
of blacks who use drugs, 13 percent, is the same rate as the entire
population, blacks represent 55 percent of those convicted for drug crimes,
according to Human Rights Watch.