FIGHT BREWS OVER POLICY DENYING TUITION AID BASED ON DRUG CONVICTION

CHICAGO -- Thousands of college-aid applicants have been denied
federal money over the past five years because they were convicted of
possessing or selling drugs -- a policy supporters say serves as a
deterrent to drug use and ensures that aid goes to those who deserve
it.

But opponents are gearing up to jettison the provision when the Higher
Education Act comes up for renewal this year, arguing that education
should not be used as a weapon in the war on drugs. The policy
disproportionately hurts lower-income families least able to afford
tuition, they say, while noting that punishment for such offenses is
meted out in court.

"I don't understand why you'd want to hinder someone's ability to go
to college," said Caton Volk, 23, who dropped out of the University of
Illinois, Chicago, after he discovered he was ineligible for aid. "If
the administration is really concerned about drug use, what better
means of rehabilitation than education?"

More than 100 student governments have called for the policy to be
revoked. Some institutions -- including Yale University, Hampshire
College in Massachusetts and Swarthmore College in Pennsylvania -- are
so opposed that they will reimburse students who have lost aid.

The Associated Students (AS) at Western Washington University funds a
$750 scholarship each year for a student who has been denied aid. The
scholarship has been offered for three years, but no one has applied.

"This is not an award meant to award people for making mistakes," said
Paul Graves, AS president at Western. "It's an award that is
attempting to give some financial aid to students who are trying to
correct their mistakes and improve their lives."

He added that no state or federal money or donations are used -- the
AS raises the money.

On average, about 47,000 of 10.5 million federal-aid applicants lose
eligibility every year, according to the American Council on Education.

The process works like this: Students must complete the Free
Application for Federal Student Aid. Question No. 35 asks: "Have you
ever been convicted of selling or possessing drugs?"

Applications with a blank or "yes" are flagged. Applicants then are
sent a letter that explains that they might not receive aid and asks
follow-up questions.

Those with one drug offense are ineligible for one year for government
grants or federally backed loans; a second conviction bars applicants
for two years. However, they can regain eligibility upon completion of
an approved drug-rehabilitation program.

The mere presence of the drug query rankles critics.

"The financial-aid form was designed to help lower- and middle-class
students gain access to college -- not be used as a mechanism to
collect information," said Chris Simmons of the American Council on
Education. "I understand why Congress wants law-abiding citizens, but
this punishment does not affect all students equally."

Others groups -- from conservative Christians to anti-drug
organizations -- endorse the idea.

"There's no entitlement to this money," said Sue Thau, a public-policy
consultant to Community Anti-Drug Coalition of America. "By the time
you're in college, you're old enough to know that your actions have
consequences. What it says to kids is: You've got a good thing going
here. Don't screw it up."

Rep. Mark Souder, an Indiana Republican and author of the 1998
provision, said he never intended to include prior offenses as a basis
for denying aid. He blames the Education Department for
"misinterpreting" the law.

He is proposing that, when the law is reauthorized, only those
students with convictions incurred while they are in college and
receiving aid be affected.

Matthew Atwood, a graduate student at Loyola University, feels so
strongly that the law should change that he is traveling to New
Hampshire this month to grill the presidential candidates on their
position.

Atwood said the deterrent claim is dubious because the majority of
young adults aren't aware the policy exists.

Along with 250 other protesters, Atwood vows to be a persistent
presence at a college convention in Manchester this week.

"I feel compelled to be there," he said. "If the candidates care about
education then they need to care about this issue. They need to tell
us how we can be smart on drugs and no longer hold education hostage."