Pubdate: Sun, 27 Mar 2005 Source: Plain Dealer, The (OH) Copyright: 2005 The Plain Dealer Contact: http://www.cleveland.com/plaindealer/ Details: http://www.mapinc.org/media/342 Note: priority given to local letter writers Author: Joe Guillen Cited: Students for Sensible Drug Policy http://www.DAREgeneration.com Cited: Coalition for Higher Education Reform http://www.raiseyourvoice.com/ Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act) Bookmark: http://www.mapinc.org/find?225 (Students - United States) Bookmark: http://www.mapinc.org/find?219 (Students for Sensible Drug Policy) PLENTY OF LOOPHOLES LET DRUG OFFENDERS QUALIFY FOR COLLEGE AID Washington- A week ago, Chris Burnside was a University of Toledo senior cut off from federal financial aid because of a 2002 drug conviction - or so he thought. His family made sacrifices, including postponing his father's retirement, so he could go to school. It turns out that some of the sacrifices may not have been necessary. To Burnside's shock - and possibly to the surprise of thousands of others - the law that penalizes drug offenders by denying them college aid has plenty of loopholes, and purposely so. In fact, someone can get busted tomorrow and still get loans or grants for next fall. "I had no idea, so I'm pretty excited," Burnside, 24, formerly of Elyria, said after learning from a Plain Dealer reporter that the law was not as onerous as he thought. His misconception is shared by young people, and their parents, across the country. Many are too poor to afford college without financial aid and are not enrolling as a result, according to several members of Congress. It's practically gospel in some circles: If you have a drug conviction, you can forget about getting financial aid. The misconception is so widespread that colleges such as Ohio State University say potential applicants with past drug busts aren't bothering to apply. Drug offenders, however, are not automatically denied aid, according to the U.S. Department of Education and several financial-aid directors. Under the law in effect since 2000, first-time drug-possession offenders are ineligible for federal financial aid for one year after their conviction, or two years if their first offense is for selling drugs. People with multiple offenses are subject to harsher penalties. But even these penalties can be sidestepped by completing an acceptable drug rehabilitation program. The program must include at least two random drug tests and be financed or recognized by institutions the U.S. Department of Education approves of. "I think the feds have done a nice job of making students able to regain their eligibility," said Rachel Schmidt, Cleveland State University's financial-aid director. There's only one problem: many people don't follow through with the financial aid process long enough to realize they can regain eligibility. Many would-be applicants see the question about drug convictions on the Free Application for Federal Student Aid and stop right there. Applicants who answer "yes" or don't answer the drug question aren't automatically disqualified. Instead, the Education Department sends them a worksheet with the guidelines for regaining eligibility. If they can show they have completed rehab or the time limit on the conviction has expired, they can be eligible for aid. Students for Sensible Drug Policy, a group with chapters on college campuses, estimates that more than 160,000 students have either been denied aid or stopped applying because of the drug-conviction question. But exact figures are not known because it is impossible for universities to say how many applicants stop cold without filling out and returning the worksheet. "Because the question exists, it's a huge deterrent," said Chris Mulligan, campaign director for the Coalition for Higher Education Reform, which offers a scholarship for students denied aid. Numerous civil-rights and education organizations, including the NAACP and a national association of financial-aid officials, want the question about drug convictions removed from aid applications. Those groups are counting on Congress for such a change. So far, support for such measures has been one-sided. Rep. Barney Frank, Democrat of Massachusetts, reintroduced a bill on March 9, with no Republican support, that would eliminate drug questions from federal financial aid applications. Frank introduced similar legislation last year, but without Republican support, the bill failed. The Republican chairman of the House Education and the Workforce Committee, Rep. John Boehner of West Chester, Ohio, has his own idea. He wants to clarify the drug provision so it would affect only students convicted while already receiving aid. Even then, Boehner would offer the same tools to regain eligibility. Lawmakers are trying to walk a line between sending anti-drug messages and giving convicts a second chance. "Education is the single-most-important tool we have to lift families from poverty and strengthen our nation," said Doug Gordon, a spokesman for Rep. Dennis Kucinich, Democrat of Cleveland, who is a member of the Education Committee and wants change. "It must not also be used to punish those who need it most." When Burnside was trying to reassemble his life after his drug-trafficking conviction in Elyria, he said, higher education "enlightened" him. He earned his associate degree from Lorain County Community College in 2003 before enrolling at the University of Toledo, where he is set to graduate with a degree in communications this year. In the meantime, Burnside is busy organizing a University of Toledo chapter of the Students for Sensible Drug Policy, which opposes drug provisions on federal financial aid applications. "Just because I'm lucky enough to go to college, it doesn't give me the right to forget about this," he said. "From what I see, the only true rehabilitation is education." - --- MAP posted-by: Richard Lake