Pubdate: Fri, 28 Oct 2005
Source: Central Michigan Life (MI Edu)
Copyright: 2005 Central Michigan LIFE
Contact:  http://www.cm-life.com/
Details: http://www.mapinc.org/media/2808
Author: Patricia Ramus

FINANCIAL AID AT STAKE IN LEGISLATION

Students With Drug Convictions Could Lose College Money

An amendment to a 1998 drug provision of the Higher Education Act 
could affect students' eligibility for financial aid based on when 
they received their drug convictions. More information Ineligibility 
periods Possession of a controlled substance Sale of a controlled substance

Any convictions that occurred prior to the student turning 18 unless 
tried as an adult or any convictions that were overturned, reversed 
or otherwise removed from the student's record is not used in 
determining eligibility. Source: Dec. 2004 Congressional Research 
Service report "Student Eligibility: Drug Convictions and Federal 
Financial Aid." Federal Benefits That May Be Denied to Drug Offenders 
Federal benefits and descriptions: Source: Government Accountability Office

An amendment to a 1998 drug provision of the Higher Education Act 
could affect students' eligibility for financial aid based on when 
they received their drug convictions.

The drug provision, currently up for reauthorization in Congress, 
suspends eligibility to any student convicted for the sale or 
possession of a controlled substance.

The new amendment would only suspend eligibility to those students 
who received their drug convictions while receiving financial aid.

Every five years the Higher Education Act goes up for reauthorization 
in Congress.

Sage Eastman, communications director for Rep. Dave Camp, R-Midland, 
said the entire bill was passed by the Education and Workforce 
Committee on Sept. 22, but could still be amended on the floor of Congress.

Eastman said he did not know Camp's stance on the new amendment 
because Camp had not yet reviewed the changes passed by the committee.

"In the past, the congressman (Camp) has been supportive of what has 
been passed out of committee. It's possible they may garner his 
support now," Eastman said.

Eastman said Camp supports the current drug provision.

"These are tax payer dollars and tax payers expect Congress to use 
those funds prudently," he said. "You have an intense amount of 
demand for these federal dollars. Congress has a responsibility for 
students that get these funds. This is one of many provisions that 
students must comply with to receive federal funds."

Tom Angell, campaigns director for Students for Sensible Drug Policy, 
said the drug provision punishes students for their honesty when 
filling out the Free Application for Student Aid.

"This will still leave tens of thousands of students behind. It 
doesn't address the underlying problems of drug abuse by blocking 
students from getting an education," he said. "This partial reform 
solution is a 10 percent solution to a law that is 100 percent flawed."

According to the Government Accountability Office, an estimated 
41,000 applicants during the 2003-04 academic year were disqualified 
from receiving post-secondary education loans or grants because of 
drug convictions.

Temporary Assistance for Needy Families, food stamps and federally 
assisted housing are among the other types of aid that may be denied 
to drug offenders, the GAO reported.

The period of ineligibility for drug offenders is determined by 
whether the conviction was recent, the number of prior convictions 
and whether the conviction was for selling or possessing a controlled 
substance, according to the Congressional Research Service.

For the first offense of possession of a controlled substance the 
ineligibility period is one year from the date of the conviction. For 
the second offense it is two years from the date of the conviction 
and the third offense leads to an indefinite ineligibility.

For the first offense of sale of a controlled substance the 
ineligibility period is two years from the date of the conviction. 
The second offense leads to an indefinite ineligibility.

Eastman said a student who is indefinitely ineligible for financial 
aid can complete a drug rehabilitation program to regain eligibility.

"It does strike a balance between guarding taxpayer dollars and the 
ability of students - whether minor or adult - to make some changes 
and get back into the program," Eastman said. "Even if you've made a 
mistake, you're able to get back by making some changes in terms of 
getting off drugs or getting into a rehabilitation program - 
depending on the severity of the conviction."

Angell said education decreases the likelihood of drug abuse. He said 
the provision hurts society as a whole.

"Someone who is in college or has a higher paying job is less likely 
to rob someone else for money. This provision hurts these determined 
students," he said. "It reduces our nation's economic productivity by 
reducing the number of educated people."
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