Pubdate: Mon, 28 Mar 2005 Source: Daily Campus, The (UConn, CT Edu) Copyright: 2005 ThesDaily Campus Contact: http://www.dailycampus.com/ Details: http://www.mapinc.org/media/2778 Author: Rashid Grier Cited: Students for Sensible Drug Policy http://www.ssdp.org 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) Bookmark: http://www.mapinc.org/people/Barney+Frank Bookmark: http://www.mapinc.org/people/Mark+Souder Bookmark: http://www.mapinc.org/people/Tom+Angell DEFENDING THE DRUG OFFENDERS According to press secretary Jennifer Gore, Rep. Barney Frank (D-Mass.) is submerging into the trenches of the nation's drug war. Frank and 55 other Congress members launched bill H.R. 1184, also known as the Removing Impediments to Student's Education (RISE) Act March 9. The act is designed to repeal a 1998 drug provision of the Higher Education Act (HEA). If the bill were to pass, students denied financial aid due to previous drug misdemeanors, felonies and state or federal drug offenses would receive financial aid instead of losing it. Presently, an amendment to the Higher Education Act proposed by Rep. Mark Souder (R-Ind.) withholds financial aid from students under those circumstances. Over 100 student government organizations, 180 community organizations and 56 co-sponsors, such as the National Association for the Advancement of Colored People (NAACP) and Faces and Voices of Recovery, are championing the bill before the 160,500 students denied financial aid since year 2000 increases. "Students who have drug convictions but don't come from families that need financial aid are not affected by this law," Frank said, through information provided by Gore. "I don't condone drug use and believe that someone who commits a violent offense or is a major drug trafficker should be denied financial aid. But preventing students with minor convictions from being able to pursue an education is counterproductive and excessive." There have been no hearings on the RISE Act as of yet and the primary committee dealing with the act, the Education and Workforce Committee, hasn't scheduled any either, Gore said. Similar attempts for legislation to repeal the 1998 drug provision are simultaneously occurring. Sen. Edward Kennedy (D-Mass.) is introducing the S371, a higher education bill similar to the RISE act. In another similar attempt, the Arizona General Assembly came to a bipartisan resolution and introduced the "concurrent memorial" on Feb. 3. A significant flaw with the 1998 drug provision is that it targets minorities, primarily young African American males, according to the NAACP and Students for Sensible Drug Policy's web site (SFSDP). African Americans make up 13 percent of the population and 13 percent of the drug users, but account for 55 percent of the drug convictions, according to the Coalition for Higher Education Act Reform (CHEAR). Further information shows 36 percent of blacks are arrested in drug violations, 42 percent are sentenced to federal prison and 57 percent are sentenced to state prison, according to figures from the Justice Department. According to CHEAR, there are various issues besides discrimination, such as the harm it causes lower income families, punishing students twice for a crime and steering students from returning to college. Thirty-six percent of students that left four-year colleges before the beginning of their second year did not return within five years, according to the Department of Education. A situation similar to Marisa Garcia's, a junior at California State University-Fullerton convicted of possession of drug paraphernalia, defers students from returning, according to CHEAR representative Chris Mulligan. "The HEA drug provision created an immense burden on me and my family, but I had a support structure to help get me through this - many others are not so fortunate," Garcia said, according to raiseyourvoice.com. "This law is fundamentally flawed." The 1998 drug provision possesses three ironies according to CHEAR. The first irony is that the drug provision fails to hinder students convicted of rape or other violent offenses. Second, it does not target the country's primary drug problem, alcohol abuse. Third, the HEA already withholds financial aid from students earning lower than a "C" average, causing the drug provision to target students doing well. "I have a hard time finding the justification and rational for this provision," said Tom Angell, a member of Students for Sensible Drug Policy, according to blackamericaweb com. "Souder's first instinct was to strip students with drug offenses without even thinking about other offenses such as rape or arson." The intent of the provision was to provide a deterrent to keep students from committing drug offenses while enrolled in higher education, according to information provided by Souder through the National Association of Student Financial Aid Administrator's website. Supporting students that use drugs contradicts the government's war on drugs, according to an SFSDP video. "Students have to realize that their choices have consequences, and if they break the law, then they should have to pay their own way through college," said Lori Waters, a participant in an SFSDP video. Students do not have to attend college - there are other alternatives, such as working their way through community college, Waters said in an SFSDP video. Federal money is not a necessity, especially when we should think about awarding illegal behavior, according to Waters in an SFSDP video. The HEA was enacted in 1965 under then President Lyndon B. Johnson for the purpose of extending the opportunity of secondary education to minorities and low-income families. The 1998 drug provision proposed by Souder denies financial aid based on set periods of time for students with drug convictions. Students that marked anything but "no" on question 35 for their FAFSA form are required to fill out an extra worksheet that determines their when they may begin to receive aid again. Ineligibility lasts for one year for first time possession, two years for a first dealing offense and is indefinite for repeat offenders. In 1998, the drug provision slipped into funding for the HEA and Congress would have to vote against completely funding the HEA or allow the drug provision to stay and keep the HEA, too, according to Gore. Since the drug provision went into effect, congressmen have persistently reintroduced the RISE Act to repeal the provision. Presently, The RISE Act is still pending, Gore said. - --- MAP posted-by: Richard Lake