Pubdate: Mon, 24 Apr 2006
Source: Collegiate Times (VA Tech,  Edu)
Copyright: 2006 Collegiate Times
Contact:  http://www.collegiatetimes.com/
Details: http://www.mapinc.org/media/699
Author: Kristin Wolber
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)
Bookmark: http://www.mapinc.org/find?219 (Students for Sensible Drug Policy)

FINANCIAL AID DENIED AFTER DRUG USE

As the government continues its long battle with controlled 
substances in the War on Drugs, a group is now trying to make the 
public aware of a law passed in 1998 disqualifying students from 
financial aid if they were convicted of possession or selling drugs.

The Students for Sensible Drug Policy sued the Department of 
Education for not releasing the number of students denied federal aid 
because of the law. In 2004, the group asked the Department of 
Education to release a state-by-state breakdown of these numbers, but 
they were denied the request. The Department of Education said they 
would only part with the information for a fee of over $4,000.

"We were legally qualified to get the information for free," said Tom 
Angell, national campaign director for SSDP. "They said they couldn't 
give us the information because it would lead to drug legalization."

SSDP sued the Department of Education and received the numbers on 
Wednesday, April 12. The Department of Education decided that SSDP 
qualified for a fee waiver and gave the information for free.

"Based on another review, the government determined that the request 
fit the criteria for a fee waiver," said Stephanie Babyak, a 
spokeswoman for the Department of Education. "We continue to be 
committed to transparency in policy-making and public service."

SSDP was represented by Public Citizen, a non-profit public interest 
organization that serves as a watchdog for a wide range of issues, 
mainly health, safety and democracy, said Adina Rosenbaum, an 
attorney for Public Citizen.

"We firmly believe in open government and a citizen's right to access 
government records, so they can hold the government accountable," 
Rosenbaum said.

Since the Department of Education is unable to verify whether a 
student has been convicted of a drug charge, only students who own up 
to these charges are denied financial aid.

"The Department of Education has no way to tell if students are lying 
(about whether or not they were convicted on drug charges)," Angell 
said. "Basically, students are punished for being honest."

Babyak said there were multiple reasons for not double-checking a 
student's drug claim.

"The FAFSA clearly states that if applicants give false or misleading 
information, they may be fined $20,000, sent to prison or both," 
Babyak said. "(However), there are two reasons why there is no cross 
checking on the drug conviction question. First, there is no 
authority in the law to cross check drug convictions with other 
agencies, and second, there is no single central database that would 
include records for all persons convicted of a drug related offense."

Virginia ranked 36th of the 50 states and the District of Columbia 
for the number of students denied aid. Since the passing of the law 
in 1998, there have been almost 2 million applicants. 3,217 students, 
or .20 percent, have been rejected from federal aid application.

The Department of Education suggests students with drug convictions 
apply anyway, because there are many cases where they can maintain 
eligibility. Students who were not tried as adults, or who have 
completed an approved rehabilitation program may retain or regain 
eligibility. If a student was convicted of possession, they regain 
eligibility one year after the date of his or her conviction. If a 
student was convicted of selling drugs, they regain eligibility two 
years after the date of his or her conviction, Babyak said.

Angell argues that denying financial aid to students with drug 
convictions will only increase their drug problems.

"Kicking students out will only increase drug abuse, which is the 
exact opposite intention of the law," said Angell.

Some students at Virginia Tech can see both sides of this issue.

"I would say yes and no (that students be denied federal aid because 
of drug charges)," said sophomore communication major Colleen 
Webster. "If the drugs are more serious than marijuana, and they have 
affected the student's grades, then the financial aid should be taken 
away. If it was a one-time marijuana offense, I don't think it should 
matter because everyone should be allowed one mistake in his or her life."

The law was recently modified so that only convictions that a person 
receives while in college will cause loss of financial aid. This law 
will come into effect for the 2006-2007 award year, which begins July 
1, 2006, Babyak said.

SSDP hopes the release of these numbers will help members of Congress 
see the law in a different light.

"Before, members of Congress were easily able to brush aside the 
numbers because they weren't available. Now that they have the 
numbers, they can see how their own constituents are affected. They 
will have to change the law or face angry voters in the fall," Angell said.
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MAP posted-by: Jay Bergstrom