Pubdate: Tue, 23 May 2000
Source: Chronicle of Higher Education, The (US)
Copyright: 2000 by The Chronicle of Higher Education
Contact:  http://chronicle.com
Author: Stephen Burd

HOUSE REPUBLICANS AIM TO HELP EDUCATION DEPT. ENFORCE LAW DENYING AID TO 
STUDENTS WITH DRUG CONVICTIONS

Washington

Because the Education Department has had so much trouble carrying out a law 
that denies federal student aid to people convicted of drug offenses, 
Republicans in the House of Representatives plan to introduce a bill this 
week to make the law easier to enforce.

The legislation would narrow the scope of the law by stating that only 
students who are convicted while in college and receiving aid could lose 
their eligibility for the funds. Under the current law, which goes into 
effect in July, the Education Department can deny federal aid to students 
who at any time have been convicted in state or federal court for 
possessing or selling drugs.

Many educators -- particularly at institutions that serve nontraditional 
students -- say that it makes no sense to deny aid to students who may have 
broken drug laws years ago and are now trying to make good lives for 
themselves.

The bill would also add penalties for students who refuse to answer a 
question on their aid applications that asks if they have ever "been 
convicted of any illegal drug offense." Students who fail to respond on 
their applications would be denied aid until they submitted an answer to 
the department.

Those provisions are part of a bill, which the House Committee on Education 
and the Workforce is expected to debate on Thursday, that would make 
technical changes in the 1998 Higher Education Act.

In March, the Education Department acknowledged that more than 20 percent 
of students applying for financial aid -- or about 140,000 students -- had 
left the drug question blank on their aid applications. Worried that the 
processing of student aid could be seriously disrupted on campuses, the 
department allowed colleges to give money to those students. Instead of 
losing their aid, the students received notices warning them that they had 
to alert the department if they have ever had been convicted of a drug 
offense, or risk penalties for lying on their drug forms. (See a story from 
The Chronicle, March 10.)

Rep. Mark Souder, the Indiana Republican who had introduced an amendment to 
the Higher Education Act in 1998 to block aid to those convicted of drug 
offenses, was not pleased with the department's actions, said Angela Flood, 
a spokeswoman for the Congressman.

Mr. Souder persuaded his colleges on the House education committee to 
include the new proposals as part of the technical bill, she said, to make 
it easier for the department to carry out the law and to ensure that 
students were not evading the law by not responding to the question.

"We had drafted the 1998 law broadly, so as to give the department 
flexibility in implementing the provisions," said Ms. Flood. "But we have 
decided that we needed to clarify our intent."

College lobbyists are pleased that the new proposal would not apply to 
students who were convicted of a drug offense before entering college or 
who have not previously received financial aid.

"I don't think the provision will jeopardize the aid of very many 
students," said Terry W. Hartle, senior vice president for government and 
public affairs at the American Council on Education, "because I don't 
believe that very many federal-aid recipients are convicted of drug offenses."

Mr. Hartle said that the college lobbying groups would not oppose the 
provision denying aid to those who refuse to answer the drug question on 
their aid forms. "In general, we would prefer not to have the question 
asked at all," he said. "But if Congress is going to put the question on 
the form, it's reasonable to insist that the question be answered before 
aid is awarded."

But some college aid administrators are worried about the burden of having 
to confront students who leave the question blank.

At the University of Georgia, more than 30,000 students apply for aid each 
year. "Chasing these students down is going to mean a lot more work for 
us," said Susan D. Little, associate director for operations in the Office 
of Student Financial Aid. "And students who leave the question blank by 
mistake are going to face long delays in getting their aid."
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