U.S. FINANCIAL AID RULE UNDER FIRE

Students who couldn't afford to enroll at the University because they
were denied federal financial aid as a result of a previous drug
conviction will likely see a change soon.

Controversy over the drug provision has heated up as members of
Congress are using the Higher Education Act reauthorization process
to modify the provision.

"Unfortunately, the provision was not interpreted and applied as it
was intended," said Alexa Marrero, press secretary for the House
committee on Health, Education, Labor and Pensions.

The drug provision, which was added as an amendment to the 1998
Higher Education Act, restricts students with previous drug
convictions from receiving any type of federal financial aid for a set period.

The amended provision would apply to students charged with drug
possession or the selling of illegal substances only if the
conviction occurs while they are enrolled in college, Marrero said.

This change sounds better than it really is, said Erik Cooke,
legislative director for Students for Sensible Drug Policy.

A person's criminal record does not begin until they turn 18, which
is also when most students start college. Therefore, because most
students are charged while they are in college; the change would not
affect them, Cooke said.

"(The provision) makes it sound like we're cutting these people such
a huge break, but it's really a bit of a dark horse," he said.

Students for Sensible Drug Policy reported that 182,810 applicants
nationwide have been denied financial aid since 1998 because of drug
convictions, according to statistics released by the U.S. Department
of Education.

At the University, fewer than 10 students a year are denied aid
because of a drug conviction, but that "really understates the
potential number," said Kris Wright, director of financial aid.

Many who are denied aid end up not going to college at all, she said,
and an unknown number with convictions do not even try to apply for
aid, assuming they will be denied.

The author of the drug provision, Rep. Mark Souder, R-Ind., requested
that a clarification be made in the House and Senate committees'
drafts of the higher education bills. Recently, the drafts containing
this change passed in both committees.

Souder's intent in creating the bill was to deter drug use among
college students, rather than "reach back and limit financial aid for
prior offenses," Marrero said.

"Our goal was to clarify it to ensure it would be applied as it was
originally intended back in 1998," Marrero said.

Wright said this is a "step in the right direction."

Still, many are hoping the provision is removed completely from the
Higher Education Act.

"I personally would like to see the provision withdrawn," Wright said.

Rep. Martin Olav Sabo, D-Minn., co-sponsored a bill that would repeal
the original drug provision.

"Congressman Sabo believes it doesn't make sense to discourage
educational achievement for anyone," said Jenifer McCormick, Sabo's
communications director.

The bill Sabo co-sponsored is pending in a House subcommittee.

Cooke said one of the biggest problems with the provision is that it
singles out illegal drug use among thousands of other crimes, and
also punishes a person twice for the crime.

But Marrero said students in school receiving aid will be less likely
to use drugs with the provision in place.

"(Students) will have that as a reason to avoid these harmful
behaviors, because they could face the possibility of losing their
student aid," she said.

A report released by the U.S. Government Accountability Office in
late September found no evidence that the drug provision deters drug
use among college students.

But the report also did not find a direct link between denying aid to
students and the likelihood that those students would complete less
postsecondary education.

Decisions will likely be made about the drug provision by the end of
the congressional session this fall, Marrero said. She said she hopes
the Higher Education Act will be reauthorized by the end of November.