Pubdate: Thu, 13 Mar 2003
Source: Eastern Progress, The (Edu, Eastern Kentucky Univ)
Copyright: 2003 The Eastern Progress
Contact:  http://www.easternprogress.com/
Details: http://www.mapinc.org/media/2682
Author: Dawn Gras
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)

HR 685-DRUG PROVISION BILL

In an attempt to repeal what he believes is a discriminatory law, 
Representative Barney Frank (D-MA) has reintroduced H.R. 685, a bill to 
repeal the Higher Education Act Drug Provision. The HEA was signed into law 
by President Lyndon B. Johnson in 1965 as a means to give lower income 
students access to loans and financial aid to attend college.

The Drug Provision was amended to the HEA in 1998 as a weapon in the "war 
on drugs." The provision states that any student convicted of possessing or 
selling any controlled substance loses eligibility to receive any grants, 
loans or work assistance under the HEA. This ineligibility period begins 
from the date of conviction and ends with a one or two year wait, or it can 
be indefinite, based on whether it is a first, second or third offense and 
whether the conviction was for possession or selling.

According to the HEA Drug Provision, a student may resume eligibility after 
a conviction before the end of the ineligibility period by completing an 
approved drug rehabilitation program and passing two unannounced drug 
tests, or if the conviction is reversed, set aside or otherwise rendered 
invalid.

Frank, along with 38 co-sponsors, reintroduced the bill on Feb. 11 and the 
bill was referred to the House Committee on Education and the Workforce. A 
similar bill, HR 786 was introduced by Frank in 2001. The republican 
majority blamed for the failure of HR 786 according to Joe Racalto, 
legislative assistant to Frank.

"This legislation is a no brainer to most people," Racalto said. "But those 
representatives didn't want to be seen as soft on drugs."

Frank wrote the bill because he thinks the drug provision is 
discriminatory. According to his Web site, over 29,000 people were 
ineligible for aid in 2002 under the provision.

"Lower and middle class students are not able to get aid because of this 
law," Racalto said. "It's discriminatory because if a student from an 
upper-class family is busted on drug charges, the parents can write a check 
and they can go to school. It also punishes a kid twice, if you are 
convicted of rape or murder you don't lose your eligibility for aid."

Frank, along with such organizations as the Coalition for Higher Education 
Act Reform and the Leadership Conference on Civil Rights, believes the drug 
provision is racially discriminatory as well.

"If you look at the statistics," Racalto said. "The drug convictions of 
black youths are much higher than any other race."

There are over 44 national organizations supporting the bill according to 
the Coalition for Higher Education Act Reform. Some of those organizations 
include the National Education Association, NAACP, The Association for 
Addiction Professionals, Rainbow/PUSH Coalition and Students for Sensible 
Drug Policy.

On determining a student's eligibility, the U. S. Department of Education 
looks to the Free Application for Federal Student Aid that all students 
requesting aid must fill out. Question #35 on the FAFSA refers to any drug 
convictions. If answered yes, the application is automatically flagged by 
the Department of Education.

Six people were turned down in 2001-2002 at Eastern because of this drug 
policy, according to Shelly Parke, director of financial aid at Eastern. 
When prospective students say yes to question #35, it goes to the 
Department of Education. Parke says the eligibility determination is out of 
Eastern's control at this point and the student will be sent a worksheet by 
the Department of Education. The worksheet asks when the conviction 
occurred, has there been any drug rehabilitation and other questions to 
determine eligibility for the person. The six individuals who were turned 
down could have just not returned the worksheet or were deemed ineligible, 
according to Parke.

"The regulations say a student should still complete the application and it 
does not necessarily mean the student is ineligible for aid," Park said. 
"Even if ineligible for federal student aid, they may be eligible for state 
or institutional aid. It just depends on what state they are in. They would 
not be eligible, however, at EKU until it is cleared up through the 
Department of Education, then EKU would award any aid the student is 
eligible for."

According to Park, the HEA is in reauthorization this year, looking at 
anything that needs revising.

"I know there's been a lot of controversy since this appeared on the FAFSA 
form. Many people in financial aid have reservations, and I guess I do 
too," Park said. "If you're convicted for pot 20 years ago, is that 
something that should hold you back?"

Frank and his supporters agree. "If you want kids to be productive members 
of society, then education is critical," Racalto said. "If you take away 
their vehicle for education, you are taking away their rights and privileges."
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MAP posted-by: Jay Bergstrom