Pubdate: Tue, 22 Mar 2005
Source: Daily Texan (U of TX at Austin, Edu)
Copyright: 2005 Daily Texan
Contact:  http://www.dailytexanonline.com/
Details: http://www.mapinc.org/media/115
Bookmark: http://www.mapinc.org/dare.htm (D.A.R.E.)
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Part 1 Of 4: http://www.mapinc.org/drugnews/v05/n000/a059.html
Part 2 Of 4: http://www.mapinc.org/drugnews/v05/n000/a060.html
Part 3 Of 4: http://www.mapinc.org/drugnews/v05/n397/a03.html

Part 4 Of 4

FIXING FAFSA'S DRUG PROBLEM

Background: This is the fourth of four editorials on the Solomon-Souder 
amendment to the Higher Education Act. The provision denies federal 
financial aid for a period of time to those convicted of drug possession or 
distribution. Congress is reauthorizing the act this year and has the 
opportunity to repeal the law. Previous editorials dealt with inequity in 
the current law; this one focuses on prevailing attitudes and possible 
solutions.

People don't think the way Congress did in 1998, when students with drug 
convictions were barred from receiving financial aid. Not even the law's 
author.

Rep. Mark Souder, R-Ind., has tried several times to change the way this 
law is interpreted by the Department of Education. He claims the law was 
never designed to punish people who were convicted of drug offenses before 
ever receiving financial aid.

"Nobody would favor a reach-back provision," Souder told National Public 
Radio in March 2004. "For example, I am an evangelical Christian. I believe 
people change. And when they change, we want to encourage them to go to 
school."

Souder wants the law to be changed so that only students who are convicted 
of drug offenses while they are receiving financial aid get barred. He has 
blamed the Clinton administration for improperly interpreting the law.

Students with one drug possession conviction who apply for financial aid on 
the 2005-2006 FAFSA will be denied aid for one year. Two convictions 
extends ineligibility for one year; three means "indefinite" ineligibility. 
Students with one selling conviction are ineligibile for two years; those 
with two are barred for life. These bars can be cleared with adequate drug 
rehab.

A bill to amend the Higher Education Act would make Souder's 
clarifications. Students would only be denied further loans, grants or 
work-study if they violated drug laws while receiving federal aid.

Another bill, filed in early March, would eliminate the language 
altogether. The proposal is a perennial one from Rep. Barney Frank, D-Mass, 
who has attacked the law for being hypocritical and "hysterical."

The American public may be on Frank's side. A private poll conducted in May 
2004 concluded that 67 percent of people support "changing" the law, and 
only 25 percent found it acceptable. The poll was commissioned by Faces & 
Voices of Recovery, a group that advocates recovery-oriented drug policies, 
and had a 3.46 percent margin of error.

Even university administrators have taken sides in this debate. The 
National Association of Student Financial Aid Administrators has lobbied 
against the law since 1998 and say they want it repealed. Yale University 
has gone one step farther: In 2002, the administration approved a policy to 
reimburse students who lost federal aid through this particular provision. 
At the time, no Yale student had yet lost aid due to drug convictions, and 
a university spokesman said the measure was largely a public statement.

Student opinion came around a bit more slowly. The earliest editorial 
available on U-Wire (a free distribution service for college newspapers) 
actually supported the Solomon-Souder amendment. The Pitt News at the 
University of Pittsburgh called the measure a "good strategy for 'weeding 
out' some of the applicants," and said, "If students are not going to be 
responsible for their lifestyles, the federal government should not be 
responsible for funding their education."

But newspapers did report considerable success for petitions against the 
restriction. And, aside from the Pitt News editorial, only one other 
college newspaper has supported the measure (The Iowa State Daily wrote an 
editorial that seemed to advocate punishing other criminals as well). 
Thirty-five editorials have opposed it, the latest one being in October 2004.

UT Student Government also has the opportunity to step into this debate. SG 
will consider a resolution tonight that criticizes Bush's proposed policies 
regarding higher education. The resolution, sponsored by President-elect 
Omar Ochoa, is a strong and well-reasoned argument against the elimination 
of the Perkins Loan program that has this page's endorsement.

But, in its current form, the bill does not mention FAFSA's drug question. 
It should use its newfound interest in federal higher education policy to 
stand up for those who are hurt most by the Souder amendment: poor and 
minority students.

Repealing the drug provision should not be a controversial or partisan 
issue. And it has little to do with one's stance on drug policy in general. 
The law, either as it stands or with Souder's proposed softened language, 
is unfair to one kind of criminal. And it keeps aid and education out of 
the hands of those who need it most.

A complete repeal is the only acceptable solution to the FAFSA's drug problem.

To view the related stories follow the links below. VIEWPOINT: higher 
education and the drug war, part 1 of 4 VIEWPOINT: hurting those who need 
help most of all, part 2 of 4 VIEWPOINT: A question of uncertainty, part 3 of 4
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MAP posted-by: Beth