Pubdate: Tue, 25 Apr 2006
Source: Rutland Herald (VT)
Copyright: 2006 Rutland Herald
Contact:  http://www.rutlandherald.com
Details: http://www.mapinc.org/media/892
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)
Bookmark: http://www.mapinc.org/find?219 (Students for Sensible Drug Policy)

204 VT. STUDENTS LOST AID DUE TO DRUG QUESTION

More than 200 Vermont college students were denied federal financial 
aid in the past six years because they admitted to a drug conviction 
or declined to answer the question.

Vermont's rejection rate -- 204 out of 172,625 applications filed, or 
0.12 percent -- is the lowest in the nation, according U.S. 
Department of Education figures released Monday.

Over the same time period, the policy resulted in 541 of 322,761 
applicants (0.17 percent) being denied aid in New Hampshire and 669 
of 356,394 financial aid applicants (0.19 percent) in Maine.

As part of changes to the Higher Education Act in 1998, Congress 
adopted rules to restrict federal financial aid when students have 
drug offenses on their records. The rules went into effect six years ago.

A state-by-state breakdown of the numbers was compiled this month by 
the advocacy group Students for Sensible Drug Policy.

Students are denied aid for one year for a first offense for drug 
possession, two years for a second offense and indefinitely for more 
offenses. A first offense for selling illegal drugs makes the 
applicant ineligible for two years and indefinitely for any subsequent offense.

The American Civil Liberties Union and Students for Sensible Drug 
Policy filed a lawsuit last month in U.S. District Court in South 
Dakota. The lawsuit says the policy is unconstitutional because it 
punishes someone twice for the same offense.

Congress loosened the restriction in February so that starting in the 
fall, only convictions that occur while the student is in college 
will result in lost financial aid.

Jill Remick, a spokeswoman for the Vermont Department of Education, 
said the state should be proud of its results, even though Congress 
has revised the policy to apply only to convictions while a student 
is receiving federal financial aid.

"The change made in Congress to only have this rule apply to students 
once they reach college could be a compromise, though our aim would 
of course be to lower the number of students convicted of these 
offenses at any age," she said. "This may be another example for 
students that involvement in drugs is a poor choice that could harm 
future opportunities."

But some say Vermont shouldn't be too quick to crow over the results.

Allan Gilbert, executive director of the Vermont chapter of the 
American Civil Liberties Union, said that Vermont has a fairly 
extensive diversion program, which allows first-time offenders to 
have charges dismissed after they complete a restorative justice 
program that typically involves community service.

Because the Free Application for Federal Student Aid only asks about 
convictions, that may play a role in Vermont's low denial rate, he said.

"A lot depends on how this thing is worded," he said.

Bruce Post, director of federal affairs for the Vermont Student 
Assistance Corp., added that the FAFSA form also asks students to 
fess up to drug convictions, with only a few checks for student dishonesty.

"The students are asked to certify on the FAFSA whether they've been 
convicted.   It's self-certified," he said. "If the school knows a 
kid has been convicted, they have to report it."

But he said there isn't a national database to flag those who have 
been convicted.

More stringent critics of the federal policy have more broad concerns.

Zachary Heiden of the Maine Civil Liberties Union said that education 
funding is crucial to employment and keeping young people away from crime.

The law, Heiden said, discriminates against the poor because it may 
not affect students with affluent parents who can pay for college 
without financial aid. It is also unfair because students convicted 
of other crimes remain eligible for aid, he said.

"You can literally get away with murder," Heiden said.

Ruth Blauer, executive director of the Maine Association of Substance 
Abuse Programs, is quoted in a report from her group warning that 
obstacles to education may prevent people struggling with addictions 
from becoming productive.

The law "is not a deterrent to drug use; it's a deterrent to 
recovery," she said.

The highest rejection rates were in Oregon and California, with Rhode 
Island and Connecticut having the top rejection rates in New England.
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MAP posted-by: Jay Bergstrom