DRUG CONVICTS RECEIVE LITTLE AID

Drug Convicts Receive Little Aid Act Restricts Aid to Any Offender

A government study published last week found that about 68,000 to
164,000 drug offenders were denied federal student aid between 2001 and 2004.

A 1998 amendment to the Higher Education Act stipulates that after a
first drug conviction, an offender is ineligible for student aid for
one year, with the penalty upped to two years after a second
conviction. A third offense leads to an indefinite suspension of any
federal aid.

Rep. Robert Scott, D-Va., one of the congressmen who requested the
report, said he made the request because of his strong opposition
toward the provision.

"It only affects those who need financial aid," he said. "The wealthy
are not denied an education."

Scott said he also is troubled by the fact that the rule puts no
restrictions on students convicted of rape, bank robbery or murder
from obtaining student aid.

"It's irrational," he said.

Because the provision is federal law, UNC-Chapel Hill's Office of
Scholarships and Student Aid must withhold federal dollars from
students with drug convictions.

Vincent Amoroso, deputy director of the financial aid office,, said
the University never has had to face such a situation, but has denied
federal aid under other statutes.

Males who have not registered for selective service are ineligible
for federal help, he noted.

The drug offender rule does allow students to cut short their
ineligibility period if they complete a government-approved drug
rehabilitation program.

But Tom Angell, campaigns director for Students for Sensible Drug
Policy, said the provision's main failure is that it denies education
to those for whom it would be the most beneficial.

"With more education you are less likely to commit crime," he said.
"Denying education forces at-risk students to the streets."

Rep. Barney Frank, D-Mass., has sponsored legislation that would
repeal the law.

"While I don't condone illegal drug use, I disagree with the idea of
using the federal financial aid system to punish people who have been
convicted of relatively minor drug convictions," he said in an April
10 press release.

Doug McVay, research director for Common Sense for Drug Policy, said
the government effectively has decided to make drug use an "unredeemable sin."

"(The rule) leaves people with no other options," he said.

Because the application for federal student aid does not ask about an
applicant's race, the report was unable to determine whether or not
the provision affected minority students at a disproportionate rate.

But Frank said he believes that must be the case after his talks with
financial aid administrators at Massachusetts colleges.

"They pointed out that the law affects minority students
disproportionately -- not because they have higher levels of drug
use, but because they are more likely to need financial aid," he
stated in the press release.

Amoroso said Congress has overstepped its bounds with the provision.

"We should be more concerned with financial need and not someone's
personal background," he said.

"Let criminal justice do its job and let us do ours."