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." - --- MAP posted-by: Beth