CONGRESS TO REVIEW COLLEGE AID DRUG LAW

House Representative Barney Frank (D-Mass.) has proposed an opportunity for
those students convicted of minor drug crimes, to receive financial aid. In
a new attempt to repeal the Higher Education Act Drug Provision, a bill
that has already prevented more than 100,000 students from receiving
financial aid, Frank has called on the help of fellow representatives to
help gain support for his cause.

The bill, H.R. 685, was introduced on Feb. 11 with 39 cosponsors, and Frank
pledged to push for its passage, even though it will be an uphill fight
with the House still controlled by Republicans.

The original 1998 bill revising the HEA included a new provision that
blocked college opportunities to students revealing drug convictions on
their Free Application for Federal Student Aid (FAFSA). It does not bar
students who may have committed other and possibly higher crimes from
eligibility.

"The main purpose is to keep crime punishment out of school," said Joe
Racalto, legislative assistant on education for. Frank. "Why are we trying
to punish people for the crimes that are out of school jurisdiction?"

Racalto said that a lot of the students being affected are those from
lower- and middle-class families.

"We know that on the FAFSA, African-Americans and Hispanics are being
disproportionately affected by the war on drugs," said Darrel Rogers,
national outreach coordinator for the Students for Sensible Drug Policy.
"However, the legislative climate after Sept. 11 made it a little difficult
for Congress to focus on changing the bill."

"Many kids have unfortunately tried marijuana," Racalto said. "Does it mean
that you should take away their only vehicle they have to better themselves?"

The question, which asked students about their prior offenses on drug use
on FAFSA form, was optional during the Clinton administration, said
Racalto. Now under a new more conservative government, Racalto says that
Frank's office, as well as organizations like the ACLU and NAACP have
received complaints from students who had been denied the monies they felt
could help fund their education.

While some members of Congress have favored amending the law so that it
would only apply to convictions that occur after a student has already
received financial aid (as opposed to current law, under which past
convictions are taken into account), Frank and his supporters want a
complete repeal. Racalto also says that many of the Republicans who are
opposed to supporting the bill "don't want to look soft on drugs." But
according to him, many prominent figures in the government have admitted to
using drugs and alcohol, including George W. Bush, and former president
Bill Clinton. "It certainly hasn't stopped them from doing what they needed
to do to get to the top."

Under the law, which took effect in 2000, students convicted of drug
possession are denied aid eligibility for one year from the time of
conviction for a first offense, two years for a second offense, and
permanently if there is a third offense.

Students convicted of selling drugs lose eligibility for two years, and
permanently in the event of a second conviction. Students can regain their
eligibility if they successfully complete a drug rehabilitation program.
According to Department of Education figures, more than 29,000 people were
prevented from getting financial aid in 2002.

"April 10 is a national day of action, and many students across the nation
will be participating in teach-ins and other forums, to protest the HEA,"
Rogers said. "If the repeal was to go into effect, it could change the way
federal aid is decided probably as early as the year 2004."