HOUSE REPUBLICANS AIM TO HELP EDUCATION DEPT. ENFORCE LAW DENYING AID TO
STUDENTS WITH DRUG CONVICTIONS

Washington

Because the Education Department has had so much trouble carrying out a law
that denies federal student aid to people convicted of drug offenses,
Republicans in the House of Representatives plan to introduce a bill this
week to make the law easier to enforce.

The legislation would narrow the scope of the law by stating that only
students who are convicted while in college and receiving aid could lose
their eligibility for the funds. Under the current law, which goes into
effect in July, the Education Department can deny federal aid to students
who at any time have been convicted in state or federal court for
possessing or selling drugs.

Many educators -- particularly at institutions that serve nontraditional
students -- say that it makes no sense to deny aid to students who may have
broken drug laws years ago and are now trying to make good lives for
themselves.

The bill would also add penalties for students who refuse to answer a
question on their aid applications that asks if they have ever "been
convicted of any illegal drug offense." Students who fail to respond on
their applications would be denied aid until they submitted an answer to
the department.

Those provisions are part of a bill, which the House Committee on Education
and the Workforce is expected to debate on Thursday, that would make
technical changes in the 1998 Higher Education Act.

In March, the Education Department acknowledged that more than 20 percent
of students applying for financial aid -- or about 140,000 students -- had
left the drug question blank on their aid applications. Worried that the
processing of student aid could be seriously disrupted on campuses, the
department allowed colleges to give money to those students. Instead of
losing their aid, the students received notices warning them that they had
to alert the department if they have ever had been convicted of a drug
offense, or risk penalties for lying on their drug forms. (See a story from
The Chronicle, March 10.)

Rep. Mark Souder, the Indiana Republican who had introduced an amendment to
the Higher Education Act in 1998 to block aid to those convicted of drug
offenses, was not pleased with the department's actions, said Angela Flood,
a spokeswoman for the Congressman.

Mr. Souder persuaded his colleges on the House education committee to
include the new proposals as part of the technical bill, she said, to make
it easier for the department to carry out the law and to ensure that
students were not evading the law by not responding to the question.

"We had drafted the 1998 law broadly, so as to give the department
flexibility in implementing the provisions," said Ms. Flood. "But we have
decided that we needed to clarify our intent."

College lobbyists are pleased that the new proposal would not apply to
students who were convicted of a drug offense before entering college or
who have not previously received financial aid.

"I don't think the provision will jeopardize the aid of very many
students," said Terry W. Hartle, senior vice president for government and
public affairs at the American Council on Education, "because I don't
believe that very many federal-aid recipients are convicted of drug offenses."

Mr. Hartle said that the college lobbying groups would not oppose the
provision denying aid to those who refuse to answer the drug question on
their aid forms. "In general, we would prefer not to have the question
asked at all," he said. "But if Congress is going to put the question on
the form, it's reasonable to insist that the question be answered before
aid is awarded."

But some college aid administrators are worried about the burden of having
to confront students who leave the question blank.

At the University of Georgia, more than 30,000 students apply for aid each
year. "Chasing these students down is going to mean a lot more work for
us," said Susan D. Little, associate director for operations in the Office
of Student Financial Aid. "And students who leave the question blank by
mistake are going to face long delays in getting their aid."