HR 685-DRUG PROVISION BILL

In an attempt to repeal what he believes is a discriminatory law,
Representative Barney Frank (D-MA) has reintroduced H.R. 685, a bill to
repeal the Higher Education Act Drug Provision. The HEA was signed into law
by President Lyndon B. Johnson in 1965 as a means to give lower income
students access to loans and financial aid to attend college.

The Drug Provision was amended to the HEA in 1998 as a weapon in the "war
on drugs." The provision states that any student convicted of possessing or
selling any controlled substance loses eligibility to receive any grants,
loans or work assistance under the HEA. This ineligibility period begins
from the date of conviction and ends with a one or two year wait, or it can
be indefinite, based on whether it is a first, second or third offense and
whether the conviction was for possession or selling.

According to the HEA Drug Provision, a student may resume eligibility after
a conviction before the end of the ineligibility period by completing an
approved drug rehabilitation program and passing two unannounced drug
tests, or if the conviction is reversed, set aside or otherwise rendered
invalid.

Frank, along with 38 co-sponsors, reintroduced the bill on Feb. 11 and the
bill was referred to the House Committee on Education and the Workforce. A
similar bill, HR 786 was introduced by Frank in 2001. The republican
majority blamed for the failure of HR 786 according to Joe Racalto,
legislative assistant to Frank.

"This legislation is a no brainer to most people," Racalto said. "But those
representatives didn't want to be seen as soft on drugs."

Frank wrote the bill because he thinks the drug provision is
discriminatory. According to his Web site, over 29,000 people were
ineligible for aid in 2002 under the provision.

"Lower and middle class students are not able to get aid because of this
law," Racalto said. "It's discriminatory because if a student from an
upper-class family is busted on drug charges, the parents can write a check
and they can go to school. It also punishes a kid twice, if you are
convicted of rape or murder you don't lose your eligibility for aid."

Frank, along with such organizations as the Coalition for Higher Education
Act Reform and the Leadership Conference on Civil Rights, believes the drug
provision is racially discriminatory as well.

"If you look at the statistics," Racalto said. "The drug convictions of
black youths are much higher than any other race."

There are over 44 national organizations supporting the bill according to
the Coalition for Higher Education Act Reform. Some of those organizations
include the National Education Association, NAACP, The Association for
Addiction Professionals, Rainbow/PUSH Coalition and Students for Sensible
Drug Policy.

On determining a student's eligibility, the U. S. Department of Education
looks to the Free Application for Federal Student Aid that all students
requesting aid must fill out. Question #35 on the FAFSA refers to any drug
convictions. If answered yes, the application is automatically flagged by
the Department of Education.

Six people were turned down in 2001-2002 at Eastern because of this drug
policy, according to Shelly Parke, director of financial aid at Eastern.
When prospective students say yes to question #35, it goes to the
Department of Education. Parke says the eligibility determination is out of
Eastern's control at this point and the student will be sent a worksheet by
the Department of Education. The worksheet asks when the conviction
occurred, has there been any drug rehabilitation and other questions to
determine eligibility for the person. The six individuals who were turned
down could have just not returned the worksheet or were deemed ineligible,
according to Parke.

"The regulations say a student should still complete the application and it
does not necessarily mean the student is ineligible for aid," Park said.
"Even if ineligible for federal student aid, they may be eligible for state
or institutional aid. It just depends on what state they are in. They would
not be eligible, however, at EKU until it is cleared up through the
Department of Education, then EKU would award any aid the student is
eligible for."

According to Park, the HEA is in reauthorization this year, looking at
anything that needs revising.

"I know there's been a lot of controversy since this appeared on the FAFSA
form. Many people in financial aid have reservations, and I guess I do
too," Park said. "If you're convicted for pot 20 years ago, is that
something that should hold you back?"

Frank and his supporters agree. "If you want kids to be productive members
of society, then education is critical," Racalto said. "If you take away
their vehicle for education, you are taking away their rights and privileges."