Pubdate: Fri, 17 Aug 2001
Source: Washington Times (DC)
Copyright: 2001 News World Communications, Inc.
Contact:  http://www.washtimes.com/
Details: http://www.mapinc.org/media/492
Author: Andrea Billups, The Washington Times
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)

EASING OF DRUG RULES CONSIDERED

The U.S. Department of Education may revamp the way it interprets and 
enforces a federal law that bars student aid to applicants who have been 
convicted of drug sales or possession.

Under the 1998 law, a part of the reauthorization of the Higher Education 
Act, close to 40,000 college students with drug convictions could lose 
student-loan eligibility this fall.

The department is considering softening the statute by applying it only to 
those students who had drug offenses while in college, rather than 
convictions before they started school.

Rep. Mark Souder, the Indiana Republican who wrote the original law, now is 
leading the charge to limit its scope. He has been meeting with Education 
Department officials in recent weeks about reducing the effect of the law 
on students.

"We are confident that this is gong to happen and they are going to change 
the way the regulation is enforced," said Seth Becker, Mr. Souder's press 
secretary.

"It really goes back to his basic philosophical and religious beliefs," Mr. 
Becker said of the congressman's initiative. "He's an evangelical and he 
really believes in the concept of redemption. For him to look at the 
regulation and see that someone who has made mistakes in the past but has 
completely turned their lives around is still being denied federal aid -- 
it goes against his fundamental beliefs."

Mr. Souder has said that under his interpretation, the statute was meant to 
apply to students who committed drug offenses while they were receiving 
federal money for their education, not before.

Jane Glickman, a spokeswoman for the Education Department, confirmed 
yesterday that discussions with Mr. Souder were continuing, but said no 
agreement on changes had been reached.

"We don't have any projected date or time frame about changing the drug 
regulation at this time," Miss Glickman said. In April, the Education 
Department announced it was cracking down on enforcement of the student aid 
law, which first took effect last year.

It was largely ignored under the Clinton administration amid concerns that 
the wording of the law was confusing and that the workload of investigating 
would hold up aid to those students who legitimately qualified. The law 
applies to federal grants, work study funds and student loans.

At the behest of Congress, Education Department officials earlier this year 
changed the wording on the student loan application that asked students 
about prior drug offenses.

Students who declined to answer the question and left it blank on the form, 
the department warned, would be immediately dropped from aid consideration.

Those students who were able to demonstrate that they had successfully 
completed drug-rehabilitation programs, however, could retain their aid 
eligibility, the department said. Students who admit on the forms that they 
have drug convictions can complete a follow-up worksheet that allows them 
to explain their circumstances.

Close to 280,000 students left the drug-offense question blank on the 
2000-01 application, according to the Chronicle of Higher Education, which 
first reported the department's negotiations with Mr. Souder.

The current law states that student-aid eligibility will be revoked for one 
year for a first-time drug conviction and two years for a second 
conviction. A third drug conviction would disqualify a student for federal 
aid indefinitely.
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MAP posted-by: Terry Liittschwager