BILL AIMS TO EXPAND AID TO DRUG OFFENDERS

Author Says Legislation Is Not a Drug Endorsement

U.S. Rep. Barney Frank, D-Mass., submitted a bill last week to repeal
legislation enacted in 2000 that delays or prohibits financial aid for
college applicants who have been convicted of a drug offense.

The current law, part of the Higher Education Act, makes students
convicted of drug possession ineligible for financial aid for one year
from the time of conviction for their first offense. Applicants must
wait two years if convicted twice and are barred from federal aid
permanently for three offenses.

Drug possession convictions are the only crimes that impact federal
aid eligibility. Students convicted of crimes such as rape or drunk
driving are not prohibited from receiving financial aid.

"It is indicative, I think, of an American overreaction on drugs,"
Frank said. "[This bill] doesn't mean that drugs aren't bad; it means
that using marijuana is not worse than rape or arson."

More than 29,000 students nationwide were denied financial aid in 2002
under the measure, according to Department of Education records.

The current policy does nothing to discourage students from using
drugs, he said.

"I think when young people in particular see this kind of nonsense,
you weaken your arguments," Frank said.

Karen Heikkala, regional director of the Drug Policy Forum of Texas,
said the act also disproportionately affects those who may need
federal aid the most.

"In its essence it's a racist provision, a [discriminatory] provision,
because anyone who has the money to go to college isn't going to be
affected by a block on financial aid," she said.

Students are required to notify the Department of Education if they
have been convicted of a drug offense as part of the Free Application
for Federal Student Aid.

State law and UT policies are similar to the federal block on
assistance. Of the 21,000 students at the University who receive
federal, state and institutional financial aid, less than a dozen have
been affected by the policy, said Henry Urick, an assistant director
of Student Financial Services.

"It's a very small population at UT-Austin that might have issues with
that question," Urick said.

Scholarships are not included under this policy, Urick said.

A vote on Frank's previous bill with the same intent submitted during
the last session of Congress fell largely along party lines, with
approximately two-thirds of the Democrats voting for it and the
majority of Republicans voting against it, Frank said.

Though he does not expect the bill to pass as long as the Republicans
control Congress, it does not mean it is worthless to keep trying, he
said.

"If you only acted when you were sure you were going to win, you would
never do anything," Frank said.

Partisan politics are not the only obstacles to a repeal. Both the
Clinton and Bush administrations have said that it would cost money to
change the bill, Frank said.