FINANCIAL AID DENIED AFTER DRUG USE

As the government continues its long battle with controlled
substances in the War on Drugs, a group is now trying to make the
public aware of a law passed in 1998 disqualifying students from
financial aid if they were convicted of possession or selling drugs.

The Students for Sensible Drug Policy sued the Department of
Education for not releasing the number of students denied federal aid
because of the law. In 2004, the group asked the Department of
Education to release a state-by-state breakdown of these numbers, but
they were denied the request. The Department of Education said they
would only part with the information for a fee of over $4,000.

"We were legally qualified to get the information for free," said Tom
Angell, national campaign director for SSDP. "They said they couldn't
give us the information because it would lead to drug legalization."

SSDP sued the Department of Education and received the numbers on
Wednesday, April 12. The Department of Education decided that SSDP
qualified for a fee waiver and gave the information for free.

"Based on another review, the government determined that the request
fit the criteria for a fee waiver," said Stephanie Babyak, a
spokeswoman for the Department of Education. "We continue to be
committed to transparency in policy-making and public service."

SSDP was represented by Public Citizen, a non-profit public interest
organization that serves as a watchdog for a wide range of issues,
mainly health, safety and democracy, said Adina Rosenbaum, an
attorney for Public Citizen.

"We firmly believe in open government and a citizen's right to access
government records, so they can hold the government accountable,"
Rosenbaum said.

Since the Department of Education is unable to verify whether a
student has been convicted of a drug charge, only students who own up
to these charges are denied financial aid.

"The Department of Education has no way to tell if students are lying
(about whether or not they were convicted on drug charges)," Angell
said. "Basically, students are punished for being honest."

Babyak said there were multiple reasons for not double-checking a
student's drug claim.

"The FAFSA clearly states that if applicants give false or misleading
information, they may be fined $20,000, sent to prison or both,"
Babyak said. "(However), there are two reasons why there is no cross
checking on the drug conviction question. First, there is no
authority in the law to cross check drug convictions with other
agencies, and second, there is no single central database that would
include records for all persons convicted of a drug related offense."

Virginia ranked 36th of the 50 states and the District of Columbia
for the number of students denied aid. Since the passing of the law
in 1998, there have been almost 2 million applicants. 3,217 students,
or .20 percent, have been rejected from federal aid application.

The Department of Education suggests students with drug convictions
apply anyway, because there are many cases where they can maintain
eligibility. Students who were not tried as adults, or who have
completed an approved rehabilitation program may retain or regain
eligibility. If a student was convicted of possession, they regain
eligibility one year after the date of his or her conviction. If a
student was convicted of selling drugs, they regain eligibility two
years after the date of his or her conviction, Babyak said.

Angell argues that denying financial aid to students with drug
convictions will only increase their drug problems.

"Kicking students out will only increase drug abuse, which is the
exact opposite intention of the law," said Angell.

Some students at Virginia Tech can see both sides of this issue.

"I would say yes and no (that students be denied federal aid because
of drug charges)," said sophomore communication major Colleen
Webster. "If the drugs are more serious than marijuana, and they have
affected the student's grades, then the financial aid should be taken
away. If it was a one-time marijuana offense, I don't think it should
matter because everyone should be allowed one mistake in his or her life."

The law was recently modified so that only convictions that a person
receives while in college will cause loss of financial aid. This law
will come into effect for the 2006-2007 award year, which begins July
1, 2006, Babyak said.

SSDP hopes the release of these numbers will help members of Congress
see the law in a different light.

"Before, members of Congress were easily able to brush aside the
numbers because they weren't available. Now that they have the
numbers, they can see how their own constituents are affected. They
will have to change the law or face angry voters in the fall," Angell said.