FINANCIAL AID PENALTY FOR DRUG CRIMES GETS FRESH SCRUTINY

As Congress considers changes to the Higher Education Act, UC
Berkeley, along with 250 organizations nationwide, is calling for an
end to a provision that restricts students with past drug convictions
from receiving financial aid.

As an amendment of the act in 1998, the provision denies students who
have been convicted of certain drug charges from receiving the
benefits of Pell Grants, student loans and work study monies.

But the future of the law is in jeopardy as legislators take their
first steps in loosening the provision through a bill that would
limit the penalty to students who commit drug crimes while in college.

"It's probably the worst idea the federal government has dreamed up
and the law needs to be gotten rid of completely," said Chris
Mulligan, a spokesperson for the Coalition for Higher Education Act
Reform, one of the leading supporters of the change.

According to a federal study released last month, between 17,000 and
20,000 students are denied Pell Grants and around 29,000 to 41,000
are ineligible for student loans under the provision each year.

Though no UC Berkeley students have been denied financial aid under
the provision in the past two years, campus officials said aid should
not be denied on those grounds.

"Under this law, the financial aid office is responsible for
monitoring its aid applicants' behavior and we do not feel the
university should be the 'watchdog' of social issues," said Priscilla
Muha, associate director of UC Berkeley's financial aid office.

The criteria for being disqualified for aid is a question on the Free
Application for Federal Student Aid, the form students use to apply
for federal financial aid, asks students if they have been convicted
of a drug crime.

"Students can go back on the FAFSA to correct the question, and it's
up to the student to report honestly," said Muha, pointing out the
flaws in the application.

Critics of the law said it disproportionately affects minority groups
and lower and middle-class students from going to college.

"This policy has exacerbated gaps between social groups and racial
minorities who are more at risk than whiter European Americans," said
public policy and law professor Robert MacCoun.

MacCoun, who does drug policy research and analysis, said that the
the denial of aid is just adding more punishment after the fact.

"Perceived penalties have little effect on people's behaviors and
it's unlikely that people would take into account what would happen
to their education opportunities," he said.

Students on campus agreed, saying that by limiting access to higher
education, the law was unfair.

Senior Prathna Mehta said the law forces students to pay for mistakes
and that students should not be denied an opportunity like higher
education because of it.

"I think it is discriminatory because it enhances stereotypes," she
said. "People who are more well-to-do can get away with (drug offenses)."

But other students said those with prior drug convictions should
still pay the price.

"If you really want to go to college then you'll make it happen,"
said freshman Nicole Carlotto. "There is all kinds of help out there."